Set out the Victorian duty questions for pure mental harm
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- In a firm-controlled tool, list the section 72 circumstances of the Wrongs Act 1958, one row each, and leave every answer blank. Keep section 23 in a separate row.
- What the lawyer must review
- Decide whether a duty is owed. The tool does not answer the questions.
- Use section 72(3) only where lesser fortitude was known or ought to have been known.
- Do not treat section 23 as creating the duty. Shock does not by itself defeat the claim.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Psychiatrist's instructions on a recognised psychiatric illness | Letter | AI use 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. All precedents.