Check the section 9 notice before any declaration is made
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List unanswered questions, missing dates and missing attachments on the notice. Write no answer, no statement of fact, and nothing that would be declared.
- What the lawyer must review
- The lawyer writes every answer that will be declared. The tool writes none of them.
- Read section 9A before deciding a law practice certificate is not required.
- 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).
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland. A public liability claim that needs a notice under section 9.
Produce. A list of gaps. The lawyer writes the notice and the client declares it.
Have ready. The draft notice, if one exists; Incident date and instruction date; Whether the proposed defendant is the State.
Example of the limit. Illustrative example: Part 1 names no department and the proposed defendant is a public hospital. The gap list says section 9(8) is unanswered. It writes no declaration.
Stop and hand it back when
- The tool is asked to write an answer that will be declared.
- The injury is one section 6 excludes from the Act.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. List unanswered questions, missing dates and missing attachments on the notice. Write no answer, no statement of fact, and nothing that would be declared. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Part 1 must be given within the period ending on the earlier of these days. The first is the day 9 months after the day the incident happened or, if symptoms of the injury are not immediately apparent, the first appearance of symptoms. The second is the day 1 month after the day the claimant first instructs a law practice to act on the person's behalf in seeking damages and the proposed defendant is identified. Section 9(9C) says subsections (3), (5) and (6) do not apply to a claim based on abuse of the person when the person was a child.
- If Part 1 is late, section 9(5) says the obligation continues and a reasonable excuse must be given in the notice or by separate notice. Section 9(6) deems that excuse where a listed health-service complaint was made in time and Part 1 is given as soon as practicable after it is finalised, including a complaint to the health ombudsman within 2 years after the claimant became aware of the matter. Section 9(9C) says subsections (3), (5) and (6) do not apply to abuse of the person when the person was a child.
- Part 2 is due within 2 months after the earlier of the section 10 response and the section 13 presumption that Part 1 is complying.
- If the proposed defendant is the State or an entity with the privileges and immunities of the State, Part 1 is effective only if given to the Crown solicitor and it identifies the department or entity.
Sources
- Personal Injuries Proceedings Act 2002 (Qld) section 9 · 2026-10-23
- Personal Injuries Proceedings Act 2002 (Qld) section 6 · 2026-10-23
- Queensland Courts: Using generative AI · 2026-10-23
Section 9(1B) permits the approved form to require verification by statutory declaration, so the tool writes nothing that would appear in the notice. Section 9(9B) says the section is subject to section 9A. Section 6(2) does not apply the Act to a personal injury within the Motor Accident Insurance Act 1994 to which that Act applies, or to a Workers' Compensation and Rehabilitation Act 2003 injury to the extent chapter 5 regulates the damages. Regulation section numbers were not opened. Section 9(9) says the symptoms timing does not decide when the cause of action arose.
The Queensland Courts generative AI page says the user is responsible for accuracy of what is given to a court or tribunal, and that confidential information must not go into a public chatbot. Practice Direction 5 of 2025 is listed. Its text was not opened.