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

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

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/record-what-a-health-service-complaint-changes-in-the-damages-timetable/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 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 | Queensland |
| 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**

A complaint to the health ombudsman can be a deemed excuse for a late initial notice or a late part 1. It does not, in the sections opened, change when the cause of action arose.

- What the AI does: 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 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 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.

## Notes

- 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.

## Practical guide

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

**Deliverable**: A timetable note of the excuse and of section 149, for the lawyer to settle.

**Inputs**

- Date the claimant became aware of the complaint matter
- Date of the complaint and of its finalisation
- Notice dates

**Example**: 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 escalate when**

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

Checked 2026-10-23.

## Sources

- [Personal Injuries Proceedings Act 2002 (Qld) section 9A](https://classic.austlii.edu.au/au/legis/qld/consol_act/pipa2002314/s9a.html) (checked 2026-10-23)
- [Personal Injuries Proceedings Act 2002 (Qld) section 9](https://classic.austlii.edu.au/au/legis/qld/consol_act/pipa2002314/s9.html) (checked 2026-10-23)
- [Health Ombudsman Act 2013 (Qld) section 149](https://www.austlii.edu.au/au/legis/qld/consol_act/hoa2013162/s149.html) (checked 2026-10-23)
- [Limitation of Actions Act 1974 (Qld) section 11](https://classic.austlii.edu.au/au/legis/qld/consol_act/loaa1974226/s11.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.*