---
title: "Test the statutory defences to a safety-defect claim"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/test-the-statutory-defences-to-a-safety-defect-claim"
type: "task"
site: "AI Law Framework"
id: "A21-PR20261023-5"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Test the statutory defences to a safety-defect claim

> Against the documents the lawyer selects, list any material going to each paragraph of s 142: whether the defect existed at supply by the actual manufacturer, compliance with a mandatory standard, the state of…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/test-the-statutory-defences-to-a-safety-defect-claim  
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 | Against the documents the lawyer selects, list any material going to each paragraph of s 142: whether the defect existed at supply by the actual manufacturer, compliance with a mandatory standard, the state of scientific or technical knowledge at supply, and, where the goods were a component, the design, markings or instructions of the other goods. Do not say a defence is made out. |
| What the lawyer must review | Decide which s 142 defences are open and who must establish them. If the defence is a Commonwealth mandatory standard, give the s 148 notice. The Commonwealth then becomes a defendant. A state mandatory standard can still be raised under s 142. Section 148 does not make that state a defendant. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

The lawyer decides which defences are open and whether s 148 has been triggered.

- What the AI does: Against the documents the lawyer selects, list any material going to each paragraph of s 142: whether the defect existed at supply by the actual manufacturer, compliance with a mandatory standard, the state of scientific or technical knowledge at supply, and, where the goods were a component, the design, markings or instructions of the other goods. Do not say a defence is made out.
- What the lawyer does: Decide which s 142 defences are open and who must establish them. If the defence is a Commonwealth mandatory standard, s 148 requires notice. The Commonwealth then becomes a defendant. A state mandatory standard can still be raised under s 142. Section 148 does not make that state a defendant.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance. The Commonwealth text opened was the AustLII consolidation.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Keep the time in s 142(a) as supply by the actual manufacturer, or generation before transmission for electricity.
2. Do not treat a recalled or later-improved product as answering s 142(c).
3. Where the goods were a component, limit s 142(d) to a defect attributable only to the design, markings, or instructions or warnings of the other goods.
4. If s 148 is in play, record that notice and a copy of the defence go to the Commonwealth as soon as practicable after the defence is raised, and that judgment can be entered against the Commonwealth.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Australian Consumer Law (Schedule 2), ss 142 and 148, and the definition of mandatory standard](https://classic.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/test-the-statutory-defences-to-a-safety-defect-claim/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/test-the-statutory-defences-to-a-safety-defect-claim/victoria.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/test-the-statutory-defences-to-a-safety-defect-claim/queensland.md) | Yellow |

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