---
title: "Record intoxication under section 14G, with no percentage in the section"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/record-the-intoxication-questions-on-a-public-liability-claim/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-PL20261023-11-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Record intoxication under section 14G, with no percentage in the section

> 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 voluntary. Do not decide a reduction.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/record-the-intoxication-questions-on-a-public-liability-claim/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 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 voluntary. Do not decide a reduction. |
| What the lawyer must review | The lawyer decides whether intoxication is proved and what follows. The section states no percentage. Do not copy a 25 per cent figure from another Act. 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 | [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 14G requires the court, when deciding breach, to consider voluntary intoxication and its level, and illegal activity. It states no presumption and no percentage.

- 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 voluntary. Do not decide a 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 only what the marked records say about alcohol or drugs, and a level only if a document states one.
2. Section 14G applies to a claim for damages for death or personal injury alleging negligence.
3. Note section 14B(4)(fa): voluntary intoxication and its level are also a matter on the occupier duty.
4. Do not write a reduction percentage. The opened section has none.

## Notes

- Section 14G(2) also requires the court to consider whether the plaintiff was engaged in an illegal activity. That is a fact for the lawyer, not a percentage.
- 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 public liability claim in which intoxication is raised.

**Deliverable**: A sourced note of the intoxication facts against section 14G.

**Inputs**

- Records the lawyer marks about alcohol or drugs
- Any stated level
- Any document saying consumption was not voluntary

**Example**: Illustrative example: A hospital note says alcohol was smelt and states no level. The note records the smell and leaves the level blank. It writes no percentage.

**Stop and escalate when**

- The tool is asked to apply a percentage the section does not state.
- No marked record mentions alcohol or drugs.

Checked 2026-10-23.

## Sources

- [Wrongs Act 1958 (Vic) section 14G](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s14g.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) section 14B](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s14b.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.*