---
title: "Map a New South Wales death claim picked up by the safety-defect statute"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/map-a-death-or-dependency-claim-under-the-safety-defect-statute/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-PR20261023-9-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Map a New South Wales death claim picked up by the safety-defect statute

> List the person who died or was injured, and each person said to have suffered loss, including any business or professional relationship. Do not name a compensation-to-relatives section and do not write the advice.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/map-a-death-or-dependency-claim-under-the-safety-defect-statute/new-south-wales  
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 the person who died or was injured, and each person said to have suffered loss, including any business or professional relationship. Do not name a compensation-to-relatives section and do not write the advice. |
| What the lawyer must review | Write the advice. Sections 138(3) and 145 pick up a State death-liability law and a State survival law. Do not name the New South Wales death or survival section until you have opened it. Section 139 excludes loss that comes from a business or professional relationship. Section 50C(2) starts the survivor-action discoverability rule. Do not state the rest of that test. |
| Written for | New South Wales |
| Applies to | [Map a death or dependency claim under the safety-defect statute](https://ailawframework.com/practice/personal-injury-and-compensation/map-a-death-or-dependency-claim-under-the-safety-defect-statute.md) |

## Checking plan

**Lawyer-led judgement**

The pick-up is Commonwealth. The content is New South Wales law, which was not opened. Section 50C is a limitation provision, not the dependency statute. The lawyer writes the advice.

- What the AI does: List the person who died or was injured, and each person said to have suffered loss, including any business or professional relationship. Do not name a compensation-to-relatives section and do not write the advice.
- What the lawyer does: The lawyer writes who may claim under the picked-up New South Wales law.
- 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. Keep s 138(3) separate from s 139.
2. Do not name the compensation-to-relatives Act. It was not opened.
3. Read s 87G(6) in full before fixing a personal representative's date.
4. Generative AI must not generate any affidavit.

## Notes

- Practice Note SC GEN 23 and District Court General Practice Note 2 prohibit generative AI from generating affidavit content, and require leave before it drafts an expert report. Draw the note to the expert.
- New South Wales survival and compensation-to-relatives provisions were not opened.

## Practical guide

Jurisdiction: A New South Wales death or dependency claim brought with a safety-defect allegation

**Deliverable**: The lawyer's map of who may claim, without an unopened section number.

**Inputs**

- Death facts on the file
- Each claimant's relationship
- Documents selected by the lawyer

**Example**: Illustrative example: A relative claims loss of support. The lawyer maps s 138(3) and s 139, and does not cite a compensation-to-relatives section that was not opened. Section 50C is diarised separately.

**Stop and escalate when**

- An unopened section is named.
- The tool writes the advice or an affidavit.

Checked 2026-10-23.

## Sources

- [Australian Consumer Law, ss 138, 139 and 145](https://classic.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html) (checked 2026-10-23)
- [Limitation Act 1969 (NSW), s 50C](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s50c.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.*