Build a Queensland scheme-notice chronology instead of a policy-prejudice chronology
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the correspondence, table the date of the event, the date notice was given, and which Act the lawyer has named: the Motor Accident Insurance Act, the Workers' Compensation and Rehabilitation Act, or the Personal Injuries Proceedings Act. Do not call a late notice prejudice.
- What the lawyer must review
- Decide which clock governs: a policy notice, a motor-accident notice, a workers' application, or a PIPA notice.
- Do not describe a late scheme notice as prejudice under a policy clause.
- A claim against a non-employer can still be on the PIPA clock when the employer claim is not.
- Use a firm-controlled tool. Check ASCR r 9, APP 11 and any notifiable breach.
- Written for / version
- Queensland versionQLDUS
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland pre-court notices
Produce. A dated chronology with the Act named and no prejudice conclusion.
Have ready. The notice or application; The correspondence; The defendant.
Example of the limit. Illustrative example: Notice to the CTP insurer is dated 14 months after the crash, and the worker's application is dated five months after the injury. The table records both dates under their own Acts. It does not say either delay caused prejudice.
Stop and hand it back when
- The defendant is not identified.
- The product would have to decide that an excuse is reasonable.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the correspondence, table the date of the event, the date notice was given, and which Act the lawyer has named: the Motor Accident Insurance Act, the Workers' Compensation and Rehabilitation Act, or the Personal Injuries Proceedings Act. Do not call a late notice prejudice. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Name one Act for each defendant.
- Record only dates the correspondence shows.
- Leave any excuse or prejudice comment for the lawyer.
Sources
- Motor Accident Insurance Act 1994 (Qld) s 37 · 2026-10-23
- Personal Injuries Proceedings Act 2002 (Qld) s 6 · 2026-10-23
- Workers' Compensation and Rehabilitation Act 2003 (Qld) s 131 · 2026-10-23
Health, wage and scheme records stay in a firm-controlled tool. Check ASCR r 9, APP 11, and whether a disclosure is notifiable under the Privacy Act 1988 (Cth).
Motor Accident Insurance Act section 37(2)(a) requires notice to the Nominal Defendant within 3 months after the accident where the vehicle cannot be identified. Otherwise the notice must be given within the period ending on the earlier of these dates. The first is 9 months after the motor vehicle accident or, if symptoms of the injury were not immediately apparent, the first appearance of symptoms. The second is 1 month after the claimant first consults a lawyer about the possibility of making a claim. If notice is late, the obligation continues and a reasonable excuse must be given in the notice or by separate notice to the insurer. If the vehicle cannot be identified and notice is not given within 9 months after the accident, the claim against the Nominal Defendant is barred.
Workers' Compensation and Rehabilitation Act s 131 requires the application for compensation within 6 months after the entitlement arises. Personal Injuries Proceedings Act s 6(2) keeps a motor-accident injury, and an employer damages claim regulated by chapter 5, outside that Act. The example in s 6(2)(c) leaves the claim against a non-employer on the Personal Injuries Proceedings Act clock.