Record that a health complaint does not move the limitation date
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the complaint dates the lawyer supplies, set out what section 51 does with conciliation, and say that no opened section moves the limitation date. Do not decide that a consent is effective.
- What the lawyer must review
- The lawyer decides whether the consents in section 51(3) are on the file.
- Do not move section 50C because a complaint was made.
- 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. New South Wales. A health-care complaint beside a damages claim.
Produce. A timetable note that separates conciliation from section 50C.
Have ready. Complaint dates the lawyer supplies; Any consent the lawyer has marked; The limitation facts already marked.
Example of the limit. Illustrative example: Conciliation notes are in the file and no consent is marked. The note marks them as not for the damages claim and leaves the limitation date on section 50C.
Stop and hand it back when
- The tool is asked to use conciliation words without the consents.
- The tool is asked to move the limitation date.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 51(1): evidence of anything said or of any admission made during conciliation is not admissible before a court, tribunal or body.
- Section 51(2) says the same of a document prepared for or in the course of conciliation, and of a copy.
- Section 51(3) applies only if the persons who attended or were named, and for a document all persons named in it, consent. Section 51(4) says a person cannot be required by subpoena or otherwise to produce the evidence or document.
- Do not diary a change to section 50C. No such effect was in the sections opened.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Letter to the Health Complaints Commissioner about a complaint and a damages claim | Letter | AI use Yellow | A letter to the Victorian Health Complaints Commissioner noting that a damages claim is also being considered, and asking how the complaint will be dealt with. |
| Letter to the Health Ombudsman about a complaint and a damages claim | Letter | AI use Yellow | A letter to the Queensland Health Ombudsman noting that a damages claim is also being considered, and that conciliation material is not for use in court. |
| Letter to the Health Care Complaints Commission about a complaint and a damages claim | Letter | AI use Yellow | A letter to the New South Wales Health Care Complaints Commission noting that a damages claim is separate and that the Commission is not asked to order compensation. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Health Care Complaints Act 1993 (NSW) section 51 · 2026-10-23
- Limitation Act 1969 (NSW) section 50C · 2026-10-23
- Supreme Court of NSW Practice Note SC Gen 23 · 2026-10-23
Do not apply a Queensland deemed-excuse section to a New South Wales complaint. It was not opened as part of this Act.
If this is filed in the Supreme Court of New South Wales, Practice Note SC Gen 23, issued on 28 January 2025 and commenced on 3 February 2025, bars generative AI from the content of an affidavit or witness statement, and from an expert report without prior leave, subject to paragraph 23.