---
title: "Check a volunteer protection before suing an individual"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-a-volunteer-protection-before-suing-an-individual"
type: "task"
site: "AI Law Framework"
id: "A21-PL20261023-13"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Check a volunteer protection before suing an individual

> List what the documents say about community work, the organisation, and whether the person was paid. Do not decide that the individual is protected.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-a-volunteer-protection-before-suing-an-individual  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | List what the documents say about community work, the organisation, and whether the person was paid. Do not decide that the individual is protected. |
| What the lawyer must review | The lawyer decides whether the person was a volunteer doing community work, and whether an exception applies. Read the exception sections before treating the protection as complete. The organisation may still be sued. Keep health and wage records in a firm-controlled tool, not a public one. ASCR r 9 and APP 11 apply. Decide if a breach is notifiable under the Privacy Act 1988 (Cth). |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

- What the AI does: List what the documents say about community work, the organisation, and whether the person was paid. Do not decide that the individual is protected.
- What the lawyer does: The lawyer decides whether the person was a volunteer doing community work, and whether an exception applies. Read the exception sections before treating the protection as complete. The organisation may still be sued. Keep health and wage records in a firm-controlled tool, not a public one. ASCR r 9 and APP 11 apply. Decide if a breach is notifiable under the Privacy Act 1988 (Cth).
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.
- Restriction: The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

## Checks the lawyer makes

1. Record payment, the organisation and the task from documents, not from a description in conference.
2. In Victoria apply section 38, including scope, instructions, alcohol or drugs, defamation and a transport-accident proceeding.
3. Do not treat a heading of an exception section as the test. The lawyer reads the section.
4. Do not tell the client the individual cannot be sued until those sections are read.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.
- If the same facts later go into an affidavit or witness statement in the District Court of New South Wales, its Generative AI Practice Note (commenced 3 February 2025) says generative AI must not generate that content.
- Supreme Court of Victoria practice note SC GEN 25 (commenced 14 May 2026) calls for particular caution where generative AI assists with affidavit material, a witness statement or an expert report. The document must reflect the person's own knowledge.
- Supreme Court of Queensland Practice Direction 5 of 2025 requires the practitioner responsible for written submissions to be named, and to verify the references.

## Sources

- [Wrongs Act 1958 (Vic) authorised version 130](https://content.legislation.vic.gov.au/sites/default/files/2026-02/58-6420a130.docx) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) section 37, AustLII](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s37.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) section 39, AustLII](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s39.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) section 61, AustLII](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s61.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) table of contents, as at 30 July 2026](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) table of contents](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/check-a-volunteer-protection-before-suing-an-individual/new-south-wales.md) | Red |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/check-a-volunteer-protection-before-suing-an-individual/victoria.md) | Red |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/check-a-volunteer-protection-before-suing-an-individual/queensland.md) | Red |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*