---
title: "Check a recreational risk warning against section 5M"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/review-a-recreational-risk-warning-and-any-signed-waiver/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-PL20261023-5-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Check a recreational risk warning against section 5M

> Extract the warning in the words on the page, with where it was given and who it was given to. Do not say whether section 5M is made out.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/review-a-recreational-risk-warning-and-any-signed-waiver/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 | Extract the warning in the words on the page, with where it was given and who it was given to. Do not say whether section 5M is made out. |
| What the lawyer must review | The lawyer decides whether section 5M is made out. Extract the words. Do not rewrite them. Section 5N is the contractual waiver. Do not decide it in this task. 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 | [Review a recreational risk warning and any signed waiver](https://ailawframework.com/practice/personal-injury-and-compensation/review-a-recreational-risk-warning-and-any-signed-waiver.md) |

## Checking plan

**Verify against sources**

Section 5M says there is no duty to take care in respect of a risk of a recreational activity if a risk warning was given.

- What the AI does: Extract the warning in the words on the page, with where it was given and who it was given to. Do not say whether section 5M is made out.
- 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 the words, whether they were oral or written, including a sign, and whether they warn of the general nature of the risk.
2. Record whether the warning was given in a manner reasonably likely to result in people being warned before the activity. The defendant need not prove the person received or understood it.
3. For an incapable person, a person who lacks the capacity to understand the warning because of young age or a physical or mental disability, record whether the incapable person was under the control of or accompanied by another person who is not an incapable person and not the defendant, and whether the warning was given to that person, or whether the warning was given to a parent.
4. Record the limits in section 5M: the warning must be by or on behalf of the defendant or the occupier; it cannot be relied on if harm resulted from contravention of a written law on specific personal-safety practices; if a representation contradicted it; or if the plaintiff was required to do the activity by the defendant.

## Notes

- Section 5M defines a parent as any person, not being an incapable person, who has parental responsibility for the incapable person. That is the whole definition on the section page. The lawyer reads that definition before relying on the word parent.
- 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 recreational activity in which a risk warning is relied on.

**Deliverable**: An extract of the warning set against the section 5M conditions. The lawyer decides the effect.

**Inputs**

- The warning in the words on the page
- Who was given it, if a document shows that
- Any contradictory representation in the documents

**Example**: Illustrative example: A sign warns of the general risk of a ride. The extract copies the sign and notes it does not say the plaintiff was required to take part. The lawyer decides section 5M.

**Stop and escalate when**

- The words cannot be read.
- The question is the contractual waiver in section 5N.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2002 (NSW) section 5M](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s5m.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.*