---
title: "Separate warning and treatment allegations before the peer-opinion section is applied"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/separate-warning-and-treatment-allegations-before-the-peer-opinion-secti"
type: "task"
site: "AI Law Framework"
id: "A21-MN20261023-1"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Separate warning and treatment allegations before the peer-opinion section is applied

> 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…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/separate-warning-and-treatment-allegations-before-the-peer-opinion-secti  
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 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. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to the opened sections and check for a difference the table has missed.

- What the AI does: 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 does: 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.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Put each warning, advice or information allegation in its own row, and do not run it through the peer-opinion section.
2. Record the rejection test that was opened: unreasonable in Victoria, irrational in New South Wales, irrational or contrary to a written law in Queensland.
3. Do not add the words 'in Australia' to the Queensland section 22(1) test. They were not in the subsection opened.
4. Where the claim is a Queensland medical incident, section 9A(10) says the part 1 specialist report need not address a failure to warn.

## Notes

- 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.

## Sources

- [Wrongs Act 1958 (Vic) s 59](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s59.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) s 60](https://www.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s60.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) s 5O](https://www.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s5o.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) s 5P](https://www.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s5p.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) s 22](https://www.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s22.html) (checked 2026-10-23)
- [Personal Injuries Proceedings Act 2002 (Qld) s 9A](https://classic.austlii.edu.au/au/legis/qld/consol_act/pipa2002314/s9a.html) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/separate-warning-and-treatment-allegations-before-the-peer-opinion-secti/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/separate-warning-and-treatment-allegations-before-the-peer-opinion-secti/victoria.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/separate-warning-and-treatment-allegations-before-the-peer-opinion-secti/queensland.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*