--- title: "Letter to the Health Care Complaints Commission about a complaint and a damages claim" url: "https://ailawframework.com/precedents/health-and-medical-law/nsw-hccc-claim-interaction-letter" type: "precedent" site: "AI Law Framework" id: "a32-nsw-hccc-claim-interaction-letter" area_id: "A32" kind: "letter" ai_level: "yellow" version: 1 task_ids: ["A32-MN20261023-5", "A21-MN20261023-5", "A32-NE20261022-5"] law_stated_as_at: "2026-10-23" --- # Letter to the Health Care Complaints Commission about a complaint and a damages claim > 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. It records the limit on using conciliation material. Canonical page: https://ailawframework.com/precedents/health-and-medical-law/nsw-hccc-claim-interaction-letter Law stated as at: 2026-10-23 Site index for agents: https://ailawframework.com/llms.txt ## Key facts - Kind: Letter. A letter or email you adapt and send. - Practice area: [Health & Medical Law](https://ailawframework.com/precedents/health-and-medical-law.md) - Jurisdictions: New South Wales - AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on. - Law stated as at: 2026-10-23 - Status: Maintained. Checked on 2026-10-23 against the 5 authorities it cites, for New South Wales. ## When to use it Use when a patient in New South Wales has made, or is about to make, a complaint to the Health Care Complaints Commission and a damages claim is also being considered. Do not use it to ask the Commission for compensation or for health records. ## Used for these tasks - [Index a health-complaint file for material the damages claim cannot use](https://ailawframework.com/practice/health-and-medical-law/index-a-health-complaint-file-for-material-the-damages-claim-cannot-use.md) - [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) - [Index the issues and records for a response to a health-complaints body](https://ailawframework.com/practice/health-and-medical-law/index-the-issues-and-records-for-a-response-to-a-health-complaints-body.md) ## How AI may be used The lawyer and the tool draft the letter from the complaint and the damages timetable, and the lawyer checks that it does not ask the Commission to order compensation before it is sent. **AI may:** - Identify the provider and the complaint, and say that a damages claim is separate - Ask whether the complaint will be conciliated - State that the letter is not consent to use conciliation material, and not a request for records **AI must not:** - Must not ask the Commission to order compensation, a refund or a reduction of fees - Must not ask the Commission to obtain the health records - Must not say the complaint stops a limitation period - Must not put conciliation discussions in the letter **The lawyer checks:** - The complaint is lodged through the Commission's own process - Section 51, including the consents in subsection (3) and the subpoena limit in subsection (4), is the New South Wales rule and is not replaced with another State's section - Health information in the letter is limited to what the lawyer has approved - Draft only in the firm's approved tool. In Victoria and New South Wales, do not disclose confidential client information without authority under Australian Solicitors' Conduct Rules r 9.2.1. A Queensland solicitor checks the local conduct rules. - If client information leaves the approved environment, check APP 11 and whether there is an eligible data breach under the Privacy Act notifiable data breach scheme. ## Authorities - [Health Care Complaints Act 1993 (NSW) s 51 (evidence of what was said or admitted in conciliation, and a document prepared for it, is not admissible in a court, tribunal or body unless the consents in subsection (3) are given; it cannot be required by subpoena)](https://classic.austlii.edu.au/au/legis/nsw/consol_act/hcca1993204/s51.html) - [Health Care Complaints Commission, Frequently asked questions for health consumers (the Commission cannot order compensation, a refund or reduced fees, and cannot retrieve health information)](https://www.hccc.nsw.gov.au/health-consumers/frequently-asked-questions-health-consumers) - [Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 r 9 (confidentiality of client information)](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2015-0244) - [OAIC, Australian Privacy Principles guidelines, Chapter 11 (APP 11: reasonable steps to protect personal information from misuse, interference, loss, and unauthorised access, modification or disclosure)](https://www.oaic.gov.au/privacy/australian-privacy-principles/australian-privacy-principles-guidelines/chapter-11-app-11-security-of-personal-information) - [OAIC, Data breach preparation and response, Part 1 (Notifiable Data Breaches scheme in Privacy Act 1988 (Cth) Part IIIC: notify individuals and the Commissioner of an eligible data breach)](https://www.oaic.gov.au/privacy/notifiable-data-breaches/preventing-preparing-for-and-responding-to-data-breaches/data-breach-preparation-and-response/part-1-data-breaches-and-the-australian-privacy-act) ## Full text and drafting notes The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/health-and-medical-law/nsw-hccc-claim-interaction-letter and through the signed-in MCP connector https://ailawframework.com/mcp/firm. *Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*