Check whether the Queensland pre-court injury Act applies to an abuse claim
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the defendant and the cause the lawyer has named, record whether the lawyer has classed the claim as a work injury, a motor accident, or another personal injury. Do not decide that the Act is excluded, and do not draft a notice.
- What the lawyer must review
- Decide whether the Personal Injuries Proceedings Act 2002 applies. Read s 6.
- Do not apply a general child-abuse exclusion. Section 6(4) disapplies two sections only.
- If the institution is unincorporated, address the notice to its head. Do not state the s 9 time. It was not opened.
- Keep the file in the firm's system. Confidentiality and APP 11 apply.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland. The pre-court procedure under the Personal Injuries Proceedings Act 2002, where s 6 applies.
Produce. A note of whether the lawyer has selected that Act, and of any notice already on the file.
Have ready. The defendant; The cause the lawyer has named; Any notice already sent; Whether the institution is unincorporated.
Example of the limit. Illustrative example: The claim is against an unincorporated school and is not a work or motor claim. The tool records that s 6 was opened and contains no general child-abuse exemption, and that any s 9 notice goes to the head. It does not state a number of months.
Stop and hand it back when
- The tool is asked to state the time limit in s 9.
- The tool treats s 6(4) as removing the notice.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the defendant and the cause the lawyer has named, record whether the lawyer has classed the claim as a work injury, a motor accident, or another personal injury. Do not decide that the Act is excluded, and do not draft a notice. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- The Act applies to personal injury arising out of an incident before, on or after 18 June 2002, except the categories in s 6.
- Those categories include personal injury to which the Motor Accident Insurance Act 1994 applies, and a workers' compensation injury so far as chapter 5 of the Workers' Compensation and Rehabilitation Act 2003 regulates the damages claim, and a dust-related condition. There is no general exclusion for child abuse.
- Section 6(4) says only ss 40(2) and 56 do not apply where the act causing the injury is an unlawful intentional act done with intent to cause personal injury, or unlawful sexual assault or other unlawful sexual misconduct. Act includes an omission.
- For an unincorporated institution, Civil Liability Act s 33H(3) requires the s 9(1) notice to be given to the head of the institution. The time allowed by s 9 was not opened.
Sources
- Personal Injuries Proceedings Act 2002 (Qld) s 6 · 2026-10-23
- Civil Liability Act 2003 (Qld) s 33H · 2026-10-23
- Personal Injuries Proceedings Act 2002 (Qld), table of provisions · 2026-10-23
Do not treat s 6(4) as an exemption from the notice of claim.
Section 40 is about mandatory final offers. Section 56 is about costs where damages are not more than the upper offer limit.