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

# List the Queensland statutory duty the lawyer has already named

> Against the facts the lawyer has accepted, list only the causes the lawyer has named. Do not add a statutory vicarious-liability count, and do not write a pleading.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/list-the-statutory-causes-still-open-against-an-institution/queensland  
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 accepted, list only the causes the lawyer has named. Do not add a statutory vicarious-liability count, and do not write a pleading. |
| What the lawyer must review | The lawyer chooses the causes and writes any pleading. The opened duty is to take all reasonable steps. That is the phrase in ss 33D and 33E. Part 2A, as opened, has no section in the terms of a statutory vicarious-liability count. Keep the file in the firm's system. Confidentiality and APP 11 apply. |
| Written for | Queensland |
| Applies to | [List the statutory causes still open against an institution](https://ailawframework.com/practice/personal-injury-and-compensation/list-the-statutory-causes-still-open-against-an-institution.md) |

## Checking plan

**Lawyer writes what is filed**

The pleading is filed, so the lawyer writes it. The tool only lists causes the lawyer has already named.

- What the AI does: Against the facts the lawyer has accepted, list only the causes the lawyer has named. Do not add a statutory vicarious-liability count, and do not write a pleading.
- What the lawyer does: Make the legal assessment, check the source material and authorise the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Section 33D imposes a duty to take all reasonable steps to prevent abuse of a child by a person associated with the institution while the child is under its care, supervision, control or authority.
2. If associated abuse is proved, s 33E takes the institution to have breached that duty unless it proves it took all reasonable steps.
3. The Part 2A table contains the duty, the reversed onus, and proper-defendant machinery. It does not contain a statutory vicarious-liability section. Common-law vicarious liability remains subject to Bird v DP.
4. Do not treat a bill as an amendment of Part 2A. No bill page was opened for this task.

## Notes

- The matters in s 33E include the position the institution gave the person, including authority over the child or an ability to achieve intimacy or gain the child's trust.
- If this is used in a Supreme Court document, the Queensland Courts page lists Supreme Court Practice Direction 5 of 2025 on the accuracy of references in submissions. The direction was not opened, so no clause is quoted.

## Practical guide

Jurisdiction: Queensland. The court in which the pleading is filed.

**Deliverable**: An issues list of the causes the lawyer has named, each tied to a fact already on the file.

**Inputs**

- The causes the lawyer has named
- The facts the lawyer has accepted
- Whether the person was associated with the institution

**Example**: Illustrative example: The lawyer has named the s 33D duty. The tool lists that duty and the facts the lawyer marked. It does not add a count that the institution is vicariously liable for a non-employee.

**Stop and escalate when**

- The tool is asked to add a cause.
- The tool is asked to write a paragraph of a statement of claim.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2003 (Qld) s 33D](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s33d.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) s 33E](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s33e.html) (checked 2026-10-23)
- [High Court judgment summary, Bird v DP 2024 HCA 41](https://www.hcourt.gov.au/sites/default/files/assets/publications/judgment-summaries/2024/hca-41-2024-11-13.pdf) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld), table of provisions](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/index.html) (checked 2026-10-23)

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