---
title: "Record the section 47 presumption and the 25 per cent minimum"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/record-the-intoxication-questions-on-a-public-liability-claim/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-PL20261023-11-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Record the section 47 presumption 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/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 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 the presumption is rebutted and what reduction follows. Keep this public liability fall outside the motor-vehicle minimum in section 47(5). 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 | [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**

If the person was intoxicated at the time of the breach and contributory negligence is alleged, section 47 presumes contributory negligence and, if not rebutted, a minimum 25 per cent reduction.

- 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 intoxication at the time of the breach only from a marked document.
2. The presumption is rebutted only by proof on the balance of probabilities that intoxication did not contribute to the breach, or that it was not self-induced.
3. If not rebutted, the court must reduce damages by 25 per cent or a greater percentage the court decides.
4. Section 47(5) raises the minimum to 50 per cent for a motor-vehicle driver at 150 mg or more of alcohol in 100 mL of blood, or so affected as to be incapable of effective control.

## Notes

- The section applies when contributory negligence is alleged. The lawyer decides whether that allegation is made. The tool does not choose the percentage above 25.
- 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 public liability claim in which intoxication and contributory negligence are raised.

**Deliverable**: A sourced note of the intoxication facts against section 47.

**Inputs**

- Records of intoxication
- Any level a document states
- Any document on whether it was self-induced

**Example**: Illustrative example: A blood result is in the records and the fall was in a shop. The note records the result and records that subsection (5) is a motor-vehicle rule. It does not pick a percentage.

**Stop and escalate when**

- The tool is asked to decide the reduction.
- The only question is the motor-vehicle minimum on a fall claim.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2003 (Qld) section 47](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s47.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.*