---
title: "Sort a warning allegation out of section 5O before the peer test"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/separate-warning-and-treatment-allegations-before-the-peer-opinion-secti/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-MN20261023-1-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Sort a warning allegation out of section 5O before the peer test

> From the allegations and the records the lawyer has selected, make a table with one row per allegation, marking treatment or a warning, advice or other information, and naming the section the lawyer has assigned.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/separate-warning-and-treatment-allegations-before-the-peer-opinion-secti/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 | From the allegations and the records the lawyer has selected, make a table with one row per allegation, marking treatment or a warning, advice or other information, and naming the section the lawyer has assigned. Do not decide breach. |
| What the lawyer must review | The lawyer assigns the section. The tool does not decide breach. Keep a warning allegation off the peer-opinion section the opened text excludes. 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 | [Separate warning and treatment allegations before the peer-opinion section is applied](https://ailawframework.com/practice/personal-injury-and-compensation/separate-warning-and-treatment-allegations-before-the-peer-opinion-secti.md) |

## Checking plan

**Verify against sources**

Section 5O is the peer test. Section 5P says the Division does not apply to a warning, advice or other information about the risk of death or injury.

- What the AI does: From the allegations and the records the lawyer has selected, make a table with one row per allegation, marking treatment or a warning, advice or other information, and naming the section the lawyer has assigned. Do not decide breach.
- 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. Mark each allegation as treatment, or as a warning, advice or other information.
2. Section 5O asks whether the professional acted in a manner widely accepted in Australia by peer professional opinion as competent professional practice. It does not say "a significant number of respected practitioners".
3. Differing opinions may each be relied on. The opinion need not be universal. It cannot be relied on if the court considers it irrational.
4. Section 5P takes the warning, advice or other information outside the Division.

## Notes

- Paragraph 23 of Practice Note SC Gen 23 deals with leave for an expert report in a professional negligence claim filed under rule 31.36. It is not the peer test.
- 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. Treatment allegations sorted before a peer-opinion section is applied.

**Deliverable**: A table of allegations marked as treatment or warning, for the lawyer to settle.

**Inputs**

- Allegations the lawyer has selected
- The section the lawyer assigns to each row

**Example**: Illustrative example: One allegation is about the operation and one is about what was said before it. The table marks them in separate rows. It does not decide breach.

**Stop and escalate when**

- The tool is asked to decide breach or to write a pleading.
- The lawyer has not assigned a section.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2002 (NSW) section 5O](https://www.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s5o.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) section 5P](https://www.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s5p.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.*