List the section 9A initial notice before part 1 of a treatment claim
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the injury facts and the dates the lawyer supplies, list the section 9A steps with the date each falls due and the document each asks for. Do not draft the notice.
- What the lawyer must review
- The lawyer settles the dates. The tool does not draft the initial notice or the report.
- A failure-to-warn allegation still needs the comparison. The report need not address it.
- 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 claim based on a medical incident, before proceedings.
Produce. A step list with due dates. The lawyer drafts the notice.
Have ready. Incident or symptom date the lawyer supplies; Date a law practice was first instructed; Whether the proposed defendant is the State.
Example of the limit. Illustrative example: The place is a public hospital and the initial notice is addressed only to a doctor. The list marks section 9A(7). It does not draft the notice.
Stop and hand it back when
- The tool is asked to draft the notice or the specialist report.
- The injury is not a medical incident as section 9A defines it.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the injury facts and the dates the lawyer supplies, list the section 9A steps with the date each falls due and the document each asks for. Do not draft the notice. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- A medical incident is an accident or other act, omission or circumstance involving a doctor during medical services. The initial notice is given before part 1.
- The initial notice must be given within the period ending on the earlier of the section 9A(4) days. Section 9A(4)(a) is the day 9 months after the day the medical incident happened or, if symptoms of the injury were not immediately apparent, the first appearance of symptoms. Section 9A(4)(b) 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. A parent or legal guardian may give it for a child. If the initial notice is late, the obligation continues and a reasonable excuse for the delay must be given in the initial notice.
- If the proposed defendant is the State, the notice is effective only if given to the health service chief executive of the Hospital and Health Service that controls the place, or otherwise to the chief executive officer of the department or entity that controls the place.
- Part 1 is given only after the initial notice, and within 12 months after the respondent complies with section 9A(8). Section 9(3) does not apply. The part 1 report is from a specialist registrant and must state a failure to meet an appropriate standard, the reasons, and that injury was suffered as a result. Section 9A(10) says the report need not address a failure to warn.
Sources
- Personal Injuries Proceedings Act 2002 (Qld) section 9A · 2026-10-23
- Personal Injuries Proceedings Act 2002 (Qld) section 9 · 2026-10-23
- Queensland Courts: Using generative AI · 2026-10-23
Section 9A(6A)(c) is a deemed excuse where a complaint was made to the health ombudsman within 2 years after the claimant became aware of the matter, and the initial notice is given as soon as practicable after the complaint is finalised. Subsections (6A)(a) and (b) refer to earlier complaint bodies. The lawyer reads them before using them. Section 9A(11) 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.