Prove who controlled the place, then test precautions under section 9
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- 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 9 does not decide that fact.
- Use the section 9 words: knew or ought reasonably to have known.
- 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).
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland. A premises fall tested as negligence under section 9.
Produce. A source-tagged list of who occupied or controlled the place, beside the section 9 questions.
Have ready. Incident report and photographs; Lease, title or control document the lawyer marks.
Example of the limit. Illustrative example: A cleaner is named on a worksheet and a council is named on a sign. The list records both documents. The lawyer decides who owed the duty that section 9 then tests.
Stop and hand it back when
- No document shows control.
- The only question left is the pre-court notice.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | 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. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- List who the marked documents show as occupying or controlling the place. That remains a fact.
- Test a precautions allegation under section 9(1): foreseeable in the sense the person knew or ought reasonably to have known, not insignificant, and precautions a reasonable person would have taken.
- Record probability, likely seriousness, burden and social utility where the documents speak to them.
- Do not treat this list as the pre-court notice. That is a separate step.
Sources
- Civil Liability Act 2003 (Qld) section 9 · 2026-10-23
- Personal Injuries Proceedings Act 2002 (Qld) section 9 · 2026-10-23
- Queensland Courts: Using generative AI · 2026-10-23
The opened section 9 is a breach test. It is not an occupier factor list. Who occupied is still proved from the documents.
The Queensland Courts generative AI page says the user is responsible for accuracy of what is given to a court or tribunal, and that confidential information must not go into a public chatbot. Practice Direction 5 of 2025 is listed. Its text was not opened.