---
title: "List the statutory causes still open against an institution"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/list-the-statutory-causes-still-open-against-an-institution"
type: "task"
site: "AI Law Framework"
id: "A21-AB20261023-4"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# List the statutory causes still open against an institution

> Against the facts the lawyer has already accepted, list only the causes the lawyer has named, and under each one the facts on the file that match the elements the lawyer has written down.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/list-the-statutory-causes-still-open-against-an-institution  
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 | Against the facts the lawyer has already accepted, list only the causes the lawyer has named, and under each one the facts on the file that match the elements the lawyer has written down. Do not add a cause, and do not write a pleading, a particular or a submission. |
| What the lawyer must review | The lawyer chooses the causes and writes any pleading. Common-law vicarious liability still needs employment. Read the local statutory duty and any statutory vicarious-liability section before you drop a claim. Do not add an akin-to-employee section. Queensland's opened Part 2A has a duty and a reversed onus. Keep the file in the firm's system. Confidentiality, APP 11 and a notifiable-breach check apply. |
| 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: Against the facts the lawyer has already accepted, list only the causes the lawyer has named, and under each one the facts on the file that match the elements the lawyer has written down. Do not add a cause, and do not write a pleading, a particular or a submission.
- What the lawyer does: The lawyer chooses the causes and writes any pleading. Common-law vicarious liability still needs employment. Read the local statutory duty and any statutory vicarious-liability section before you drop a claim. Queensland's opened Part 2A has a duty and a reversed onus. It has no akin-to-employee section. Keep the file in the firm's system. Confidentiality, APP 11 and a notifiable-breach check apply.
- 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 writes the pleading. The tool does not add a cause of action.

## Checks the lawyer makes

1. Do not list common-law vicarious liability for a priest, volunteer or other non-employee unless the lawyer has a basis other than a relationship akin to employment.
2. Keep the statutory duty and any statutory vicarious-liability section on separate rows. They are not the same cause.
3. In New South Wales, do not describe connected psychological abuse, or an act that was lawful at the time, as within s 6F. That section's definition is sexual abuse or physical abuse, excluding an act that is lawful at the time it takes place.
4. Write no paragraph that could be pasted into a statement of claim. The lawyer writes the pleading.

## 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.
- Before any output is used in a court document, read the forum's generative AI rule: Victoria, Supreme Court Practice Note SC Gen 25; New South Wales, Practice Note SC Gen 23; Queensland, the courts' generative AI page and Supreme Court Practice Direction 5 of 2025.

## Sources

- [High Court of Australia, judgment summary, Bird v DP (a pseudonym) 2024 HCA 41 (13 November 2024)](https://www.hcourt.gov.au/sites/default/files/assets/publications/judgment-summaries/2024/hca-41-2024-11-13.pdf) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) s 91, liability of organisations](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s91.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) s 93A, application of statutory vicarious liability](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s93a.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) s 93C, statutory vicarious liability of institutions for child abuse](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s93c.html) (checked 2026-10-23)
- [Justice Legislation Amendment (Vicarious Liability for Child Abuse) Act 2026 (Vic), Act as made, No. 5/2026](https://www.legislation.vic.gov.au/as-made/acts/justice-legislation-amendment-vicarious-liability-child-abuse-act-2026) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) s 33D, duty to prevent child abuse](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s33d.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) s 33E, proof of whether the duty was breached](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s33e.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) s 6F, liability of an organisation for child abuse by associated individuals](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s6f.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) s 6G, employees include persons akin to employees](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s6g.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) s 6H, organisations vicariously liable for child abuse by employees](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s6h.html) (checked 2026-10-23)
- [Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW) r 9.1, confidentiality, compiled to 1 July 2026](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2015-0244) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/list-the-statutory-causes-still-open-against-an-institution/new-south-wales.md) | Red |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/list-the-statutory-causes-still-open-against-an-institution/victoria.md) | Red |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/list-the-statutory-causes-still-open-against-an-institution/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.*