---
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/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-MN20261023-5-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

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

> From the complaint dates and the notice dates the lawyer supplies, set out what section 43 does with conciliation, and say that no opened section moves the limitation date. Do not decide that an 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/victoria  
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 what section 43 does with conciliation, and say that no opened section moves the limitation date. Do not decide that an excuse is made out. |
| What the lawyer must review | The lawyer decides what, if anything, from conciliation may be used. Do not use section 43(2) consent as an exception to section 43(3). 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 | Victoria |
| 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 43 makes conciliation evidence inadmissible. It does not, on the text opened, change a limitation period or create a notice excuse.

- What the AI does: From the complaint dates and the notice dates the lawyer supplies, set out what section 43 does with conciliation, and say that no opened section moves the limitation date. Do not decide that an 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 43(3): evidence of anything said or done in a conciliation is not admissible in any hearing or proceeding in a court or a tribunal.
2. Section 43(1) prohibits disclosure outside the process. Section 43(2) allows disclosure with the consent of the person to whom the information relates. That consent was not read as an exception to subsection (3).
3. Section 43(4) says the section does not apply to an undertaking under section 38(2). Section 38(2) was not opened.
4. Do not diary a change to section 27D or section 27E because a complaint was made. No such effect was in the sections opened.

## Notes

- The complaint file does not stand in for the treating records. Conciliation material stays off the damages chronology unless the lawyer has applied the section.
- If this is filed in the Supreme Court of Victoria, Practice Note SC Gen 25, issued on 14 May 2026, calls for particular caution with affidavit material and expert reports, and says confidential information should not go into a public AI tool.

## Practical guide

Jurisdiction: Victoria. A health-service complaint beside a damages claim.

**Deliverable**: A timetable note that separates conciliation from the limitation date.

**Inputs**

- Complaint dates the lawyer supplies
- Any notice date
- The limitation facts already marked

**Example**: Illustrative example: A conciliation was held and no notice section applies. The note records section 43(3) and records that the limitation date is unchanged by the complaint.

**Stop and escalate when**

- The tool is asked to use conciliation words in the damages claim.
- The tool is asked to move the limitation date.

Checked 2026-10-23.

## Sources

- [Health Complaints Act 2016 (Vic) section 43](https://classic.austlii.edu.au/au/legis/vic/consol_act/hca2016181/s43.html) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic) section 27D](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27d.html) (checked 2026-10-23)
- [Limitation of Actions Act 1958 (Vic) section 27E](https://classic.austlii.edu.au/au/legis/vic/consol_act/loaa1958226/s27e.html) (checked 2026-10-23)
- [Supreme Court of Victoria Practice Note SC Gen 25](https://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-gen-25-the-use-of-artificial-intelligence-by-court-users) (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.*