Record whether a risk meets the New South Wales obvious-risk description
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Where the lawyer says section 5F applies, record the risk and the circumstances, and leave blank whether it would have been obvious to a reasonable person in the position of the person who suffered harm. Do not decide that question.
- What the lawyer must review
- Decide whether the risk would have been obvious to a reasonable person in that person's position
- A low probability, or a risk that is not prominent or physically observable, can still meet section 5F
- Section 5F is in Part 1A Division 4. Section 3B(2) applies that Division to a motor accident award
- Section 5F does not apply to work injury damages. Section 3B(1)(f) excludes those awards
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. A New South Wales negligence claim to which section 5F of the Civil Liability Act 2002 applies
Produce. A record of the risk and the circumstances, with the obvious-risk question left blank.
Have ready. The risk and the circumstances the lawyer has identified; The lawyer's decision on whether section 5F applies; Any motor accident or work injury damages flag on the file.
Example of the limit. Illustrative example: The hazard was an unmarked shallow step. The record notes that section 5F(4) can still be met where the risk was not conspicuous. It does not say the risk was obvious.
Stop and hand it back when
- The lawyer has not said that section 5F applies.
- The claim is for work injury damages.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Apply section 5F(1): a risk that, in the circumstances, would have been obvious to a reasonable person in the position of the person who suffered harm.
- Include a risk that is patent or a matter of common knowledge. Section 5F(2) says obvious risks include those risks.
- Do not treat a low probability, or a risk that is not prominent, conspicuous or physically observable, as outside the description. Sections 5F(3) and 5F(4) say it can still be an obvious risk.
- Section 3B(2)(a) applies Part 1A Division 4 to a motor accident award. Section 3B(1)(f) excludes work injury damages from the Act other than Part 1B, so do not use section 5F for those damages.
Sources
- Civil Liability Act 2002 (NSW), in force from 30 July 2026, sections 3B and 5F · 2026-10-23
- Supreme Court of New South Wales: Practice Note SC Gen 23 · 2026-10-23
Sections 5G and 5H were read. They are not applied in this table. The lawyer decides any question about awareness or a duty to warn.
If the record is later used in a submission, Practice Note SC Gen 23 requires the author to verify every citation. Verification is not done only by the tool.
Health and wage records stay in a firm-controlled tool. The lawyer applies ASCR r 9 and APP 11, and decides whether any breach is notifiable under the Privacy Act 1988 (Cth).