---
title: "Apply the occupier duty in section 14B to who controlled the premises"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/map-who-occupied-or-controlled-the-place-of-a-fall/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-PL20261023-1-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Apply the occupier duty in section 14B to who controlled the premises

> 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/victoria  
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 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). |
| Written for | Victoria |
| 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**

Section 14B states the occupier duty and the factors in subsection (4). The lawyer decides who occupied.

- 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. Record each person or body the marked documents show as occupying or controlling the place.
2. 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.
3. Note the section 14B(4) factors the documents touch, including age, ability to appreciate the danger, voluntary intoxication and illegal activity.
4. Leave section 48 for a precautions case that is not about the state of the premises.

## Notes

- 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.

## Practical guide

Jurisdiction: Victoria. A premises fall in which the duty is said to be that of an occupier.

**Deliverable**: A source-tagged list of who occupied or controlled the place, for the lawyer to settle against section 14B.

**Inputs**

- Incident report and photographs
- Lease, title or control document the lawyer marks
- Any fact about entry, age or intoxication in those documents

**Example**: 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 escalate when**

- No document shows who occupied or controlled the place.
- The harm is not said to come from the state of the premises.

Checked 2026-10-23.

## Sources

- [Wrongs Act 1958 (Vic) section 14B](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s14b.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) section 48](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s48.html) (checked 2026-10-23)
- [Supreme Court of Victoria Practice Note SC Gen 25](https://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-gen-25-the-use-of-artificial-intelligence-by-court-users) (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.*