Record the health-ombudsman excuse for a late notice, not a new limitation period

MaintainedLast reviewed

Key facts

Human involvement
YellowClose supervision
How AI is used
From the complaint dates and the notice dates the lawyer supplies, set out the section 9 and section 9A excuse and say it is not a new limitation period. Do not decide that the excuse is made out.
What the lawyer must review
  • The lawyer decides whether the excuse is made out. The tool does not.
  • Keep section 149 conciliation out of the damages claim unless the consents are recorded.
  • 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 / version
Queensland versionQLDNSWVIC

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 health-service complaint beside a damages claim under the Personal Injuries Proceedings Act 2002.

Produce. A timetable note of the excuse and of section 149, for the lawyer to settle.

Have ready. Date the claimant became aware of the complaint matter; Date of the complaint and of its finalisation; Notice dates.

Example of the limit. Illustrative example: A complaint to the health ombudsman was finalised and the initial notice is undated. The note records section 9A(6A)(c) as a question for the lawyer and does not call the limitation period extended.

Stop and hand it back when

  • The tool is asked to decide the excuse is made out.
  • Conciliation material is copied into the damages chronology.

Sources for this task were checked on 2026-10-23.

Who does what

Who does what
RoleWhat they do
AssistanceDo not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Section 9A(6A)(c): a deemed excuse if the complaint to the health ombudsman was made 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.
  2. Section 9(6)(c) is the same shape for a late part 1 notice. The lawyer reads section 9(6)(a) and (b), and section 9A(6A)(a) and (b), before treating those earlier bodies as the current path.
  3. Section 9(9) and section 9A(11) say the symptoms timing does not decide when the cause of action arose. Section 11 remains 3 years from accrual.
  4. Section 149: things said or admitted, and documents prepared for conciliation, are not admissible in a court, tribunal or disciplinary body, and cannot be used by the health ombudsman or a National Board, unless the consents in section 149(4) are given.

Forms and precedents for this task

Forms and precedents for this task
Form or precedentKindAI useSummary
Letter to the Health Complaints Commissioner about a complaint and a damages claimLetterAI use YellowA 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 claimLetterAI use YellowA 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 claimLetterAI use YellowA 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

A deemed excuse for a late notice is not a licence to use the conciliation. The two sections do different work.

The Queensland Courts generative AI page says the user is responsible for accuracy of what is given to a court or tribunal, and that private, confidential, suppressed or legally privileged information must not go into a generative AI chatbot. Practice Direction 5 of 2025 is listed. Its text was not opened.

Related tasks

Related tools

Related jurisdictions