Sort a warning allegation out of section 22 before the peer test
MaintainedLast reviewed
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 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).
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland. Treatment allegations sorted before a peer-opinion section is applied.
Produce. A table of allegations marked as treatment or warning, for the lawyer to settle.
Have ready. Allegations the lawyer has selected; The section the lawyer assigns to each row.
Example of the limit. 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 hand it back when
- The tool is asked to decide breach or to write a pleading.
- The lawyer has not assigned a section.
Sources for this task were checked on 2026-10-23.
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 treatment or a warning, advice or other information, and naming the section the lawyer has assigned. Do not decide breach. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Mark each allegation as treatment, or as a warning, advice or other information.
- Section 22(1) asks whether the professional acted in a way widely accepted by peer professional opinion by a significant number of respected practitioners in the field. The subsection does not say "in Australia".
- The opinion cannot be relied on if the court considers it irrational or contrary to a written law.
- Section 22(5) takes the warning, advice or other information outside section 22.
Sources
- Civil Liability Act 2003 (Qld) section 22 · 2026-10-23
- Personal Injuries Proceedings Act 2002 (Qld) section 9A · 2026-10-23
- Queensland Courts: Using generative AI · 2026-10-23
Section 9A(10) says a part 1 specialist report need not comment on an alleged failure to warn. The comparison of the warning is still done. It is not left to that report.
The Queensland Courts generative AI page says the user is responsible for accuracy of what is given to a court or tribunal, and that private, confidential, suppressed or legally privileged information must not go into a generative AI chatbot. Practice Direction 5 of 2025 is listed. Its text was not opened.