Assemble the Queensland peer-practice material for the advice
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Collect the peer-practice material and the warning issue into a source list. Write none of the advice.
- What the lawyer must review
- Decide whether section 22 applies to this professional and this service
- Do not rely on an opinion the court considers irrational or contrary to a written law
- Do not apply section 22 to a warning, advice or information about a risk of the service
- You 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. Queensland professional-negligence claims to which the Civil Liability Act 2003 applies.
Produce. A source list of peer-practice material and the warning issue, for the lawyer's advice.
Have ready. The service and the date it was provided; Peer material the lawyer has selected; Any warning, advice or information issue.
Example of the limit. Illustrative example: The source list includes an opinion published after the treatment. The lawyer excludes it from the section 22 question, which is judged at the time the service was provided, and writes the advice.
Stop and hand it back when
- The output expresses a conclusion on section 22.
- The output is a draft of the advice or a filed submission.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Collect the peer-practice material and the warning issue into a source list. Write none of the advice. 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 22 asks whether, at the time the service was provided, the professional acted in a way widely accepted by peer professional opinion by a significant number of respected practitioners in the field as competent professional practice.
- Peer opinion need not be universal. Differing widely accepted opinions may all be relied on. The tool does not decide which opinion is widely accepted.
- Section 22(2): the opinion cannot be relied on if the court considers it irrational or contrary to a written law.
- Section 22(5) does not apply to liability connected with giving, or failing to give, a warning, advice or other information about the risk of harm associated with the professional service. Keep that issue separate.
Sources
- Civil Liability Act 2003 (Qld), section 22 · 2026-10-23
- Supreme Court of Queensland Practice Direction 5 of 2025 · 2026-10-23
- District Court of Queensland Practice Direction 12 of 2025 · 2026-10-23
The tool writes none of the advice and nothing that is filed. Practice Direction 5 of 2025 and Practice Direction 12 of 2025 require the practitioner to verify references and to express a submission in the practitioner's own judgment.
Section 21 is a separate provision about a doctor's warning. Do not treat section 22(5) as if it were section 21.