Separate warning and treatment allegations before the peer-opinion section is applied
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the allegations and the records the lawyer has selected, make a table with one row per allegation, marking whether it is about the treatment itself or about a warning, advice or other information, and naming the section the lawyer has assigned. Do not decide breach and do not write a pleading.
- What the lawyer must review
- The lawyer decides which allegations are warnings or information, and which are about treatment.
- The table is not a pleading and it is not advice on breach.
- Health information stays in a firm-controlled tool, not a public one.
- The lawyer checks the peer-opinion section does not get applied to a warning row.
Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD
Who does what
| Role | What they do |
|---|---|
| Assistance | From the allegations and the records the lawyer has selected, make a table with one row per allegation, marking whether it is about the treatment itself or about a warning, advice or other information, and naming the section the lawyer has assigned. Do not decide breach and do not write a pleading. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Put each warning, advice or information allegation in its own row, and do not run it through the peer-opinion section.
- Record the rejection test that was opened: unreasonable in Victoria, irrational in New South Wales, irrational or contrary to a written law in Queensland.
- Do not add the words 'in Australia' to the Queensland section 22(1) test. They were not in the subsection opened.
- Where the claim is a Queensland medical incident, section 9A(10) says the part 1 specialist report need not address a failure to warn.
Sources
- Wrongs Act 1958 (Vic) s 59 · 2026-10-23
- Wrongs Act 1958 (Vic) s 60 · 2026-10-23
- Civil Liability Act 2002 (NSW) s 5O · 2026-10-23
- Civil Liability Act 2002 (NSW) s 5P · 2026-10-23
- Civil Liability Act 2003 (Qld) s 22 · 2026-10-23
- Personal Injuries Proceedings Act 2002 (Qld) s 9A · 2026-10-23
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.
Health information stays in a firm-controlled tool. Rule 9.1 of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015, as described by the Victorian Legal Services Board and Commissioner, and APP 11, apply. The lawyer decides whether any loss is notifiable under the Privacy Act 1988 (Cth).
The warning carve-out is section 60, section 5P or section 22(5). Do not run a warning row through the peer-opinion section.