---
title: "Sort a warning allegation out of section 22 before the peer test"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/separate-warning-and-treatment-allegations-before-the-peer-opinion-secti/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-MN20261023-1-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Sort a warning allegation out of section 22 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/queensland  
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 | Queensland |
| 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 22 is the peer test. Section 22(5) says it does not apply to a warning, advice or other information about the risk of harm.

- 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 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".
3. The opinion cannot be relied on if the court considers it irrational or contrary to a written law.
4. Section 22(5) takes the warning, advice or other information outside section 22.

## Notes

- 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.

## Practical guide

Jurisdiction: Queensland. 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 2003 (Qld) section 22](https://www.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s22.html) (checked 2026-10-23)
- [Personal Injuries Proceedings Act 2002 (Qld) section 9A](https://classic.austlii.edu.au/au/legis/qld/consol_act/pipa2002314/s9a.html) (checked 2026-10-23)
- [Queensland Courts: Using generative AI](https://www.courts.qld.gov.au/going-to-court/prepare-for-court/representing-yourself/using-generative-ai) (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.*