---
title: "Check whether the Queensland pre-court injury Act applies to an abuse claim"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-a-pre-court-injury-procedure-applies-to-an-abuse-claim/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-AB20261023-8-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Check whether the Queensland pre-court injury Act applies to an abuse claim

> 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.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-a-pre-court-injury-procedure-applies-to-an-abuse-claim/queensland  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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. |
| Written for | Queensland |
| Applies to | [Check whether a pre-court injury procedure applies to an abuse claim](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-a-pre-court-injury-procedure-applies-to-an-abuse-claim.md) |

## Checking plan

**Verify against sources**

The lawyer decides whether a notice is required. The tool does not draft it and does not state a number of months.

- What the AI does: 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 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. The Act applies to personal injury arising out of an incident before, on or after 18 June 2002, except the categories in s 6.
2. 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.
3. 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.
4. 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.

## Notes

- 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.

## Practical guide

Jurisdiction: Queensland. The pre-court procedure under the Personal Injuries Proceedings Act 2002, where s 6 applies.

**Deliverable**: A note of whether the lawyer has selected that Act, and of any notice already on the file.

**Inputs**

- The defendant
- The cause the lawyer has named
- Any notice already sent
- Whether the institution is unincorporated

**Example**: 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 escalate when**

- The tool is asked to state the time limit in s 9.
- The tool treats s 6(4) as removing the notice.

Checked 2026-10-23.

## Sources

- [Personal Injuries Proceedings Act 2002 (Qld) s 6](https://www.austlii.edu.au/cgi-bin/viewdb/au/legis/qld/consol_act/pipa2002314/s6.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) s 33H](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s33h.html) (checked 2026-10-23)
- [Personal Injuries Proceedings Act 2002 (Qld), table of provisions](https://www.austlii.edu.au/cgi-bin/viewdb/au/legis/qld/consol_act/pipa2002314/) (checked 2026-10-23)

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