---
title: "Index a health-complaint file for material the damages claim cannot use"
url: "https://ailawframework.com/practice/health-and-medical-law/index-a-health-complaint-file-for-material-the-damages-claim-cannot-use"
type: "task"
site: "AI Law Framework"
id: "A32-MN20261023-5"
practice_area: "Health & Medical Law"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Index a health-complaint file for material the damages claim cannot use

> From the complaint file the lawyer has selected, index each document with its date, author and whether it is a conciliation document or something else, and mark conciliation documents as not for use in the damages…

Canonical page: https://ailawframework.com/practice/health-and-medical-law/index-a-health-complaint-file-for-material-the-damages-claim-cannot-use  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Health & Medical Law](https://ailawframework.com/practice/health-and-medical-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the complaint file the lawyer has selected, index each document with its date, author and whether it is a conciliation document or something else, and mark conciliation documents as not for use in the damages claim unless the lawyer has recorded the consents the opened section requires. Do not summarise a clinical opinion. |
| What the lawyer must review | The lawyer decides what, if anything, from the complaint file may be used in the damages claim. Conciliation material stays out unless the consents the opened section requires are on the file. Health information stays in a firm-controlled tool, not a public one. Do not borrow another State's privilege for a file where no section was opened. |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to the opened sections and check for a difference the table has missed.

- What the AI does: From the complaint file the lawyer has selected, index each document with its date, author and whether it is a conciliation document or something else, and mark conciliation documents as not for use in the damages claim unless the lawyer has recorded the consents the opened section requires. Do not summarise a clinical opinion.
- What the lawyer does: The lawyer decides what, if anything, from the complaint file may be used in the damages claim. Conciliation material stays out unless the consents the opened section requires are on the file. Health information stays in a firm-controlled tool, not a public one. Do not borrow another State's privilege for a file where no section was opened.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- 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. Mark each document as conciliation or not, from the document itself, not from the client's description.
2. In Queensland, leave a conciliation document out unless the consents in section 149(4) are on the file.
3. In Victoria, mark evidence of what was said or done as not admissible under section 43(3). Do not treat section 43(2) as a consent to tender it.
4. In New South Wales, apply section 51, including the consents in section 51(3) and the production limit in section 51(4). Do not apply section 149.

## 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.
- Health information stays in a firm-controlled tool. Rule 9.1 of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015, as described by the Victorian Legal Services Board and Commissioner, and APP 11, apply. The lawyer decides whether any loss is notifiable under the Privacy Act 1988 (Cth).
- The in-force reprint was current from 10 May 2026. Section 306 applies sections 149 and 150 to a conciliation under the repealed HQCC Act. Section 150 was not opened. Section 306 is not a separate privilege for a current conciliation.

## Sources

- [Health Ombudsman Act 2013 (Qld) s 149](https://www.austlii.edu.au/au/legis/qld/consol_act/hoa2013162/s149.html) (checked 2026-10-23)
- [Health Ombudsman Act 2013 (Qld), in force reprint](https://www.legislation.qld.gov.au/view/whole/html/inforce/current/act-2013-036) (checked 2026-10-23)
- [Health Ombudsman Act 2013 (Qld) s 306](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/hoa2013162/s306.html) (checked 2026-10-23)
- [Health Complaints Act 2016 (Vic) s 43](https://classic.austlii.edu.au/au/legis/vic/consol_act/hca2016181/s43.html) (checked 2026-10-23)
- [Health Care Complaints Act 1993 (NSW) s 51](https://classic.austlii.edu.au/au/legis/nsw/consol_act/hcca1993204/s51.html) (checked 2026-10-23)
- [Health Care Complaints Act 1993 (NSW) s 58](https://classic.austlii.edu.au/au/legis/nsw/consol_act/hcca1993204/s58.html) (checked 2026-10-23)
- [Office of the Health Ombudsman: conciliation](https://www.oho.qld.gov.au/public/what-happens-when-you-make-a-complaint) (checked 2026-10-23)
- [Health Complaints Commissioner: conciliation](https://hcc.vic.gov.au/public/our-process) (checked 2026-10-23)
- [Personal Injuries Proceedings Act 2002 (Qld) s 9A(6A)](https://classic.austlii.edu.au/au/legis/qld/consol_act/pipa2002314/s9a.html) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Health Care Complaints Commission complaint form](https://ailawframework.com/precedents/health-and-medical-law/form-nsw-hccc-complaint.md) | Form | Yellow | Link to the Health Care Complaints Commission written complaint form, including who may complain, the consent to health information, and the outcomes the Commission says it cannot order. |
| [Health service complaint form (Office of the Health Ombudsman)](https://ailawframework.com/precedents/health-and-medical-law/form-qld-oho-health-complaint.md) | Form | Yellow | Link to the Office of the Health Ombudsman health service complaint form, for a complaint about a health service or a practitioner in Queensland. |
| [Health Complaints Commissioner online complaint](https://ailawframework.com/precedents/health-and-medical-law/form-vic-hcc-online-complaint.md) | Form | Yellow | Link to the Health Complaints Commissioner complaint, lodged online, by phone or by mail, after the person has raised it with the health service where they can. |
| [Letter to the Health Complaints Commissioner about a complaint and a damages claim](https://ailawframework.com/precedents/health-and-medical-law/vic-hcc-claim-interaction-letter.md) | Letter | Yellow | A letter to the Victorian Health Complaints Commissioner noting that a damages claim is also being considered, and asking how the complaint will be dealt with.… |
| [Right to information access application to the Office of the Health Ombudsman](https://ailawframework.com/precedents/health-and-medical-law/form-qld-oho-rti-access.md) | Form | Yellow | Link to the Queensland Right to Information access application, which the Office of the Health Ombudsman asks applicants to complete and return to it. |
| [Complaint letter to a health service (Health Complaints Commissioner template)](https://ailawframework.com/precedents/health-and-medical-law/form-vic-hcc-complaint-letter.md) | Form | Yellow | Link to the Commissioner's letter template for a written complaint to the health service provider before a complaint is lodged with the Commissioner. |
| [Letter to the Health Ombudsman about a complaint and a damages claim](https://ailawframework.com/precedents/health-and-medical-law/qld-oho-claim-interaction-letter.md) | Letter | Yellow | A letter to the Queensland Health Ombudsman noting that a damages claim is also being considered, and that conciliation material is not for use in court.… |
| [Letter to the Health Care Complaints Commission about a complaint and a damages claim](https://ailawframework.com/precedents/health-and-medical-law/nsw-hccc-claim-interaction-letter.md) | Letter | Yellow | A letter to the New South Wales Health Care Complaints Commission noting that a damages claim is separate and that the Commission is not asked to order compensation.… |

Signed-in accounts can read the full text of each one.

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/health-and-medical-law/index-a-health-complaint-file-for-material-the-damages-claim-cannot-use/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/health-and-medical-law/index-a-health-complaint-file-for-material-the-damages-claim-cannot-use/victoria.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/health-and-medical-law/index-a-health-complaint-file-for-material-the-damages-claim-cannot-use/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.*