---
title: "Prove who controlled the place, then test precautions under section 9"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/map-who-occupied-or-controlled-the-place-of-a-fall/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-PL20261023-1-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Prove who controlled the place, then test precautions under section 9

> 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/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 | 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 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). |
| Written for | Queensland |
| 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 9.

- 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. That remains a fact.
2. 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.
3. Record probability, likely seriousness, burden and social utility where the documents speak to them.
4. Do not treat this list as the pre-court notice. That is a separate step.

## Notes

- 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.

## Practical guide

Jurisdiction: Queensland. A premises fall tested as negligence under section 9.

**Deliverable**: A source-tagged list of who occupied or controlled the place, beside the section 9 questions.

**Inputs**

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

**Example**: 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 escalate when**

- No document shows control.
- The only question left is the pre-court notice.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2003 (Qld) section 9](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s9.html) (checked 2026-10-23)
- [Personal Injuries Proceedings Act 2002 (Qld) section 9](https://classic.austlii.edu.au/au/legis/qld/consol_act/pipa2002314/s9.html) (checked 2026-10-23)
- [Queensland Courts: Using generative AI](https://www.courts.qld.gov.au/going-to-court/prepare-for-court/representing-yourself/using-generative-ai) (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.*