---
title: "Record that the Queensland Civil Liability Act states no mental-harm duty test"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/set-out-the-normal-fortitude-questions-for-a-mental-harm-duty-of-care/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-FM20261023-9-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Record that the Queensland Civil Liability Act states no mental-harm duty test

> In a firm-controlled tool, record that the opened table of provisions of the Civil Liability Act 2003 contains no duty section for mental harm and no normal-fortitude test. Leave the duty undecided.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/set-out-the-normal-fortitude-questions-for-a-mental-harm-duty-of-care/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 | In a firm-controlled tool, record that the opened table of provisions of the Civil Liability Act 2003 contains no duty section for mental harm and no normal-fortitude test. Leave the duty undecided. |
| What the lawyer must review | Do not apply a normal-fortitude duty test. The opened table states none. Decide duty on the law that applies here. This table does not supply that test. The absence of a section is not a finding that a duty is owed or is not owed. |
| Written for | Queensland |
| Applies to | [Set out the normal-fortitude questions for a mental harm duty of care](https://ailawframework.com/practice/personal-injury-and-compensation/set-out-the-normal-fortitude-questions-for-a-mental-harm-duty-of-care.md) |

## Checking plan

**Queensland, no duty section**

The tool records that the opened table of provisions has no normal-fortitude duty section. The lawyer does not import one.

- What the AI does: In a firm-controlled tool, record that the opened table of provisions of the Civil Liability Act 2003 contains no duty section for mental harm and no normal-fortitude test. Leave the duty undecided.
- 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. Confirm the opened table has no mental-harm duty section.
2. Do not copy a normal-fortitude question list from another statute.
3. Leave every duty answer blank.
4. Stop before advising that a duty is owed.

## Notes

- The opened table of provisions of the Civil Liability Act 2003 contains no duty section for mental harm and no normal-fortitude test. Section 72 of the Wrongs Act 1958 and section 32 of the Civil Liability Act 2002 are not applied.
- Family, wage and medical records stay in a firm-controlled tool. ASCR r 9 and APP 11 apply. A breach may be notifiable under the Privacy Act 1988 (Cth).

## Practical guide

Jurisdiction: Queensland: Civil Liability Act 2003, table of provisions opened 23 October 2026

**Deliverable**: A note that no duty section was found, and a blank duty conclusion.

**Inputs**

- The opened table of provisions
- The facts said to create a duty

**Example**: Illustrative example: A draft asks whether a person of normal fortitude was foreseeable. The tool records that the opened Act has no such test and leaves the question blank.

**Stop and escalate when**

- A normal-fortitude test from another statute is applied.
- The blank is filled as a finding that no duty exists.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2003 (Qld), table of provisions](https://www.austlii.edu.au/au/legis/qld/consol_act/cla2003161/) (checked 2026-10-23)
- [Civil Proceedings Act 2011 (Qld) Part 10](https://www.legislation.qld.gov.au/view/html/inforce/current/act-2011-045) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Psychiatrist's instructions on a recognised psychiatric illness](https://ailawframework.com/precedents/personal-injury-and-compensation/psychiatrist-recognised-psychiatric-illness.md) | Letter | Yellow | Letter asking a psychiatrist whether there is a recognised psychiatric illness for a mental harm claim, without asking the psychiatrist to apply the statutory tests. |

Signed-in accounts can read the full text of each one.

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