---
title: "Record that a health complaint does not move the limitation date"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/record-what-a-health-service-complaint-changes-in-the-damages-timetable/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-MN20261023-5-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Record that a health complaint does not move the limitation date

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/record-what-a-health-service-complaint-changes-in-the-damages-timetable/new-south-wales  
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 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). |
| Written for | New South Wales |
| Applies to | [Record what a health-service complaint changes in the damages timetable](https://ailawframework.com/practice/personal-injury-and-compensation/record-what-a-health-service-complaint-changes-in-the-damages-timetable.md) |

## Checking plan

**Verify against sources**

Section 51 makes conciliation evidence and conciliation documents inadmissible unless the consents in subsection (3) are given. It does not change the limitation period.

- What the AI does: 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 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. Section 51(1): evidence of anything said or of any admission made during conciliation is not admissible before a court, tribunal or body.
2. Section 51(2) says the same of a document prepared for or in the course of conciliation, and of a copy.
3. 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.
4. Do not diary a change to section 50C. No such effect was in the sections opened.

## Notes

- 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.

## Practical guide

Jurisdiction: New South Wales. A health-care complaint beside a damages claim.

**Deliverable**: A timetable note that separates conciliation from section 50C.

**Inputs**

- Complaint dates the lawyer supplies
- Any consent the lawyer has marked
- The limitation facts already marked

**Example**: 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 escalate when**

- The tool is asked to use conciliation words without the consents.
- The tool is asked to move the limitation date.

Checked 2026-10-23.

## Sources

- [Health Care Complaints Act 1993 (NSW) section 51](https://classic.austlii.edu.au/au/legis/nsw/consol_act/hcca1993204/s51.html) (checked 2026-10-23)
- [Limitation Act 1969 (NSW) section 50C](https://classic.austlii.edu.au/au/legis/nsw/consol_act/la1969133/s50c.html) (checked 2026-10-23)
- [Supreme Court of NSW Practice Note SC Gen 23](https://supremecourt.nsw.gov.au/practice-procedure/generative-artificial-intelligence.html) (checked 2026-10-23)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Letter to the Health Complaints Commissioner about a complaint and a damages claim](https://ailawframework.com/precedents/health-and-medical-law/vic-hcc-claim-interaction-letter.md) | Letter | 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](https://ailawframework.com/precedents/health-and-medical-law/qld-oho-claim-interaction-letter.md) | Letter | 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](https://ailawframework.com/precedents/health-and-medical-law/nsw-hccc-claim-interaction-letter.md) | Letter | 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.

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