---
title: "Index the complaint file against section 149, including the consents in subsection (4)"
url: "https://ailawframework.com/practice/health-and-medical-law/index-a-health-complaint-file-for-material-the-damages-claim-cannot-use/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A32-MN20261023-5-QLD"
practice_area: "Health & Medical Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Index the complaint file against section 149, including the consents in subsection (4)

> 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.…

Canonical page: https://ailawframework.com/practice/health-and-medical-law/index-a-health-complaint-file-for-material-the-damages-claim-cannot-use/queensland  
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. Mark conciliation information and documents as not admissible unless the consents in section 149(4) are on the file. 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. Leave a conciliation document out unless the consents in section 149(4) are on the file. Keep health and wage records in a firm-controlled tool, not a public one. ASCR r 9 and APP 11 apply. Decide if a breach is notifiable under the Privacy Act 1988 (Cth). |
| Written for | Queensland |
| Applies to | [Index a health-complaint file for material the damages claim cannot use](https://ailawframework.com/practice/health-and-medical-law/index-a-health-complaint-file-for-material-the-damages-claim-cannot-use.md) |

## Checking plan

**Verify against sources**

Section 149 applies to anything said or admitted during conciliation and to a document or copy prepared for or in the course of conciliation. That material is not admissible in a court, tribunal or disciplinary body unless the consents in section 149(4) are present.

- 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. Mark conciliation information and documents as not admissible unless the consents in section 149(4) are on the file. Do not summarise a clinical opinion.
- What the lawyer does: Make the legal assessment, check the source material and authorise the output for its intended use.
- 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. Mark each document as prepared for or in the course of conciliation, or not, from the document itself.
2. Section 149(2): the information, document or copy is not admissible before a court, tribunal or disciplinary body, cannot be used by the health ombudsman as a ground for or evidence in an investigation or inquiry, and cannot be used by the National Agency or a National Board for health, conduct or performance action under the National Law.
3. Section 149(4): for information, the parties and all persons named must consent. For a document, the person who prepared it and all persons named must consent.
4. A deemed excuse for a late notice is a timetable point. It is not a licence to use the conciliation.

## Notes

- Section 149(3) gives an example about a contract mentioned in section 146. Section 146 was not opened. Section 306 was not opened.
- The Queensland Courts generative AI page says the user is responsible for accuracy of what is given to a court or tribunal, and that private, confidential, suppressed or legally privileged information must not go into a generative AI chatbot. Practice Direction 5 of 2025 is listed. Its text was not opened.

## Practical guide

Jurisdiction: Queensland. An index of a health-complaint file against section 149.

**Deliverable**: An index of the complaint file, with conciliation material marked as not for use unless the section 149(4) consents are present.

**Inputs**

- The complaint file the lawyer has selected
- Any consents the lawyer has marked on the file

**Example**: Illustrative example: A note of what was said in conciliation names the patient and one clinician. The index marks it not admissible and records that the parties and both named persons have not consented.

**Stop and escalate when**

- The tool is asked to summarise a clinical opinion in a conciliation document.
- The tool is asked to treat a late-notice excuse as permission to use the conciliation.

Checked 2026-10-23.

## Sources

- [Health Ombudsman Act 2013 (Qld) section 149](https://www.austlii.edu.au/au/legis/qld/consol_act/hoa2013162/s149.html) (checked 2026-10-23)
- [Queensland Courts: Using generative AI](https://www.courts.qld.gov.au/going-to-court/prepare-for-court/representing-yourself/using-generative-ai) (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.

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