---
title: "Set out the section 5O peer-opinion questions for a New South Wales professional claim"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/set-out-the-peer-opinion-questions-for-a-professional-s-standard-of-care/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-SB20261022-8-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Set out the section 5O peer-opinion questions for a New South Wales professional claim

> From the professional service and the peer opinion the lawyer supplies, build a question table for section 5O.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/set-out-the-peer-opinion-questions-for-a-professional-s-standard-of-care/new-south-wales  
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 | Red: Lawyer writes; AI may check, clarify or collect data |
| 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 |
| Written for | New South Wales |
| Applies to | [Set out the peer-opinion questions for a professional's standard of care](https://ailawframework.com/practice/personal-injury-and-compensation/set-out-the-peer-opinion-questions-for-a-professional-s-standard-of-care.md) |

## Checking plan

**Verify against sources**

The lawyer decides section 5O. The tool only lists the questions from the opinion the lawyer supplies.

- What the AI does: 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 does: Decide whether section 5O is established and write any advice.
- 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. 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.
2. Section 5O(2) says peer professional opinion cannot be relied on if the court considers the opinion irrational.
3. Section 5O(3) and (4) say differing widely accepted opinions can be relied on, and the opinion need not be universally accepted.
4. 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.

## Notes

- 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.

## Practical guide

Jurisdiction: A New South Wales professional negligence claim to which section 5O applies

**Deliverable**: A section 5O question table. The lawyer writes any advice.

**Inputs**

- 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**: 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 escalate 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.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2002 (NSW) section 5O](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s5o.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) section 3B](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s3b.html) (checked 2026-10-23)
- [NSW legislation: Civil Liability Act 2002, current version](https://legislation.nsw.gov.au/view/html/inforce/current/act-2002-022) (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.*