---
title: "Prove who controlled the place, then test precautions under section 5B"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/map-who-occupied-or-controlled-the-place-of-a-fall/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-PL20261023-1-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Prove who controlled the place, then test precautions under section 5B

> From the incident report, photographs and any lease or title the lawyer marks, list each person or body who occupied or controlled the place, with the document that shows it. Do not choose the defendant.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/map-who-occupied-or-controlled-the-place-of-a-fall/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 | Yellow: Lawyer and AI draft together |
| How AI is used | From the incident report, photographs and any lease or title the lawyer marks, list each person or body who occupied or controlled the place, with the document that shows it. Do not choose the defendant. |
| What the lawyer must review | The lawyer decides who controlled the place. Section 5B does not decide that fact. Section 5B uses "ought to have known". Do not add "reasonably" from another Act. 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 | New South Wales |
| Applies to | [Map who occupied or controlled the place of a fall](https://ailawframework.com/practice/personal-injury-and-compensation/map-who-occupied-or-controlled-the-place-of-a-fall.md) |

## Checking plan

**Verify against sources**

No occupier duty was in the section opened. Breach of a duty to take precautions is section 5B.

- What the AI does: From the incident report, photographs and any lease or title the lawyer marks, list each person or body who occupied or controlled the place, with the document that shows it. Do not choose the defendant.
- 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. List who the marked documents show as occupying or controlling the place.
2. Test foreseeability as section 5B(1)(a) states it: a risk the person knew or ought to have known.
3. Record whether the risk was not insignificant, and whether a reasonable person in that position would have taken the precautions.
4. Note probability, likely seriousness, burden and social utility only where a document supports them.

## Notes

- Section 5B(1)(a) does not use the words "ought reasonably to have known". Do not copy that phrase onto this file.
- If this is filed in the Supreme Court of New South Wales, Practice Note SC Gen 23, issued on 28 January 2025 and commenced on 3 February 2025, bars generative AI from the content of an affidavit or witness statement, and from an expert report without prior leave, subject to paragraph 23.

## Practical guide

Jurisdiction: New South Wales. A premises fall tested as negligence under section 5B.

**Deliverable**: A source-tagged list of who occupied or controlled the place, beside the section 5B questions.

**Inputs**

- Incident report and photographs
- Lease, title or control document the lawyer marks

**Example**: Illustrative example: The title search names one owner and the cleaning log names a contractor. The list keeps both. The lawyer decides whose duty section 5B is being used to test.

**Stop and escalate when**

- No document shows control.
- The question is road or footpath non-feasance, which is a different task.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2002 (NSW) section 5B](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s5b.html) (checked 2026-10-23)
- [Supreme Court of NSW Practice Note SC Gen 23](https://supremecourt.nsw.gov.au/practice-procedure/generative-artificial-intelligence.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.*