---
title: "Index the complaint file against section 43, without treating consent as a tender"
url: "https://ailawframework.com/practice/health-and-medical-law/index-a-health-complaint-file-for-material-the-damages-claim-cannot-use/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A32-MN20261023-5-VIC"
practice_area: "Health & Medical Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Index the complaint file against section 43, without treating consent as a tender

> 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 material as not for use in the damages claim.…

Canonical page: https://ailawframework.com/practice/health-and-medical-law/index-a-health-complaint-file-for-material-the-damages-claim-cannot-use/victoria  
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 material as not for use in the damages claim. Do not treat a consent under section 43(2) as making the evidence admissible. 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. Do not treat section 43(2) consent as an exception to section 43(3). Section 152 was not opened. 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 | Victoria |
| 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 43(3) says evidence of anything said or done in a conciliation is not admissible in a court or tribunal. Section 43(2) allows disclosure outside the process with consent. That consent was not opened as an exception to section 43(3).

- 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 material as not for use in the damages claim. Do not treat a consent under section 43(2) as making the evidence admissible. 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 conciliation or not, from the document itself.
2. Section 43(1) prohibits a party from disclosing anything said or done in a conciliation, or any agreement reached, outside the process. The penalty is 20 penalty units for a natural person and 100 for a body corporate.
3. Section 43(3): evidence of anything said or done in a conciliation is not admissible in any hearing or proceeding in a court or a tribunal. Do not treat section 43(2) as a consent to tender it.
4. Section 43(4) says the section does not apply to an undertaking under section 38(2). That subsection was not opened. The note points to section 152, which was not opened.

## Notes

- A complaint does not move the limitation date. Do not let the complaint file stand in for the treating records.
- If this is filed in the Supreme Court of Victoria, Practice Note SC Gen 25, issued on 14 May 2026, calls for particular caution with affidavit material and expert reports, and says confidential information should not go into a public AI tool.

## Practical guide

Jurisdiction: Victoria. An index of a health-complaint file against section 43.

**Deliverable**: An index of the complaint file, with conciliation material marked as not for use.

**Inputs**

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

**Example**: Illustrative example: One letter is headed conciliation and one is a treating letter. The index marks only the first as conciliation and records that a consent to disclose it is not a consent to tender it.

**Stop and escalate when**

- The tool is asked to summarise a clinical opinion in a conciliation document.
- The tool is asked to treat a section 43(2) consent as making the evidence admissible.

Checked 2026-10-23.

## Sources

- [Health Complaints Act 2016 (Vic) section 43](https://classic.austlii.edu.au/au/legis/vic/consol_act/hca2016181/s43.html) (checked 2026-10-23)
- [Supreme Court of Victoria Practice Note SC Gen 25](https://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-gen-25-the-use-of-artificial-intelligence-by-court-users) (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.*