---
title: "Record the section 50 intoxication hurdle and the 25 per cent minimum"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/record-the-intoxication-questions-on-a-public-liability-claim/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-PL20261023-11-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Record the section 50 intoxication hurdle and the 25 per cent minimum

> From the records the lawyer marks, list what is said about alcohol or drugs, the level if a document states one, and whether anyone says it was not self-induced. Do not decide the reduction.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/record-the-intoxication-questions-on-a-public-liability-claim/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 records the lawyer marks, list what is said about alcohol or drugs, the level if a document states one, and whether anyone says it was not self-induced. Do not decide the reduction. |
| What the lawyer must review | The lawyer decides whether section 50 applies and whether the first hurdle is cleared. Check whether the court could be satisfied the intoxication was not self-induced. 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 | [Record the intoxication questions on a public liability claim](https://ailawframework.com/practice/personal-injury-and-compensation/record-the-intoxication-questions-on-a-public-liability-claim.md) |

## Checking plan

**Verify against sources**

Section 50 applies where capacity to exercise reasonable care and skill was impaired. The court is not to award damages unless the harm was likely even if the person had not been intoxicated.

- What the AI does: From the records the lawyer marks, list what is said about alcohol or drugs, the level if a document states one, and whether anyone says it was not self-induced. Do not decide the reduction.
- 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 whether the documents say capacity to exercise reasonable care and skill was impaired.
2. State the section 50(2) hurdle: no damages unless the court is satisfied the death, injury or damage is likely to have occurred even if the person had not been intoxicated.
3. If that is satisfied, contributory negligence is presumed unless the court is satisfied intoxication did not contribute in any way. The reduction is then 25 per cent or a greater percentage the court determines.
4. Section 50(5): the section does not apply if the court is satisfied the intoxication was not self-induced. No 150 mg motor-vehicle minimum was in the section opened.

## Notes

- Do not apply the section 50(2) hurdle on a Victorian file. This version is only for a claim to which the New South Wales Part applies. The lawyer decides that application.
- 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 claim in which section 50 is raised.

**Deliverable**: A sourced note of the intoxication facts against section 50.

**Inputs**

- Records of intoxication and any stated level
- Any document on self-induction
- Any document on whether the harm would have occurred anyway

**Example**: Illustrative example: A note says capacity was impaired and does not say whether the fall would have happened anyway. The list records the impairment and leaves the section 50(2) question for the lawyer.

**Stop and escalate when**

- The tool is asked to decide that damages are nil.
- The intoxication is said not to be self-induced and the lawyer has not considered section 50(5).

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2002 (NSW) section 50](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s50.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.*