Set out the section 5O peer-opinion questions for a New South Wales professional claim
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the professional service and the peer opinion the lawyer supplies, build a question table for section 5O. Do not decide whether the opinion was widely accepted or irrational, and do not use section 5O where section 3B excludes it.
- What the lawyer must review
- Decide whether the opinion was widely accepted in Australia, and whether it is irrational
- Section 5O does not apply to a motor accident award or to work injury damages
- Differing peer opinions can each be relied on. Universal acceptance is not required
- The tool does not write the advice
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. A New South Wales professional negligence claim to which section 5O applies
Produce. A section 5O question table. The lawyer writes any advice.
Have ready. The professional service and when it was provided; The peer opinion the lawyer has selected; Whether the claim is a motor accident or work injury damages.
Example of the limit. Illustrative example: The opinion concerns a hospital procedure that is not a motor accident and not a work injury. The table asks whether the opinion was widely accepted in Australia at the time, and whether it is irrational. It does not answer either question.
Stop and hand it back when
- The claim is a motor accident award or work injury damages.
- The output states that the opinion was widely accepted or that it is irrational.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. From the professional service and the peer opinion the lawyer supplies, build a question table for section 5O. Do not decide whether the opinion was widely accepted or irrational, and do not use section 5O where section 3B excludes it. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Section 5O(1) asks whether, at the time of the service, the professional acted in a manner widely accepted in Australia by peer professional opinion as competent professional practice.
- Section 5O(2) says peer professional opinion cannot be relied on if the court considers the opinion irrational.
- Section 5O(3) and (4) say differing widely accepted opinions can be relied on, and the opinion need not be universally accepted.
- Section 5O is in Division 6. Section 3B(2) does not apply Division 6 to motor accidents. Section 3B(1)(f) takes work injury damages outside the Act, other than Part 1B.
Sources
- Civil Liability Act 2002 (NSW) section 5O · 2026-10-23
- Civil Liability Act 2002 (NSW) section 3B · 2026-10-23
- NSW legislation: Civil Liability Act 2002, current version · 2026-10-23
This is advice about a professional's standard of care. The lawyer writes it. The table is not the advice and not a report.
If the matter is in the Commission or a court, the expert-report rules in PIC13 and Practice Note SC Gen 23 are separate from section 5O.