Apply the occupier duty in section 14B to who controlled the premises
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 occupied the premises and whether section 14B is the duty.
- Do not name a defendant from a sign alone. Match the name to a document.
- 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. Victoria. A premises fall in which the duty is said to be that of an occupier.
Produce. A source-tagged list of who occupied or controlled the place, for the lawyer to settle against section 14B.
Have ready. Incident report and photographs; Lease, title or control document the lawyer marks; Any fact about entry, age or intoxication in those documents.
Example of the limit. Illustrative example: The lease names one company and the incident report names a cleaner. The list records both, with the page. The lawyer decides who owed the section 14B duty.
Stop and hand it back when
- No document shows who occupied or controlled the place.
- The harm is not said to come from the state of the premises.
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
- Record each person or body the marked documents show as occupying or controlling the place.
- Set the allegation against section 14B(3): injury or damage by the state of the premises, or by things done or omitted in relation to that state.
- Note the section 14B(4) factors the documents touch, including age, ability to appreciate the danger, voluntary intoxication and illegal activity.
- Leave section 48 for a precautions case that is not about the state of the premises.
Sources
- Wrongs Act 1958 (Vic) section 14B · 2026-10-23
- Wrongs Act 1958 (Vic) section 48 · 2026-10-23
- Supreme Court of Victoria Practice Note SC Gen 25 · 2026-10-23
Section 14B(5) preserves obligations under another Act, a statutory rule or a contract. Section 14B(1) replaces the old common-law standard for dangers from the state of the premises. It does not, on the opened text, decide every duty.
If this is filed in the Supreme Court of Victoria, Practice Note SC Gen 25, issued on 14 May 2026, calls for particular caution with affidavit material and expert reports, and says confidential information should not go into a public AI tool.