Letter · Health & Medical Law
Letter to the Health Ombudsman about a complaint and a damages claim
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. It is not the complaint and it is not a notice of claim.
- Kind
- Letter. A letter or email you adapt and send.
- Where it applies
- Queensland
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 23 October 2026
- Status
- Maintained. Checked on 23 October 2026 against the 6 authorities it cites, for Queensland.
- Version
- 1
- Source
- Written for this library
When to use it
Use when a patient in Queensland has made, or is about to make, a complaint to the Health Ombudsman and a damages claim is also being considered. Do not use it as the complaint, as an initial notice, or as part 1 of a notice of claim.
Used for these tasks
- Index a health-complaint file for material the damages claim cannot use
- Record what a health-service complaint changes in the damages timetable
- Index the issues and records for a response to a health-complaints body
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
The lawyer and the tool draft the letter from the complaint dates and the damages timetable, and the lawyer decides whether any deemed excuse under the Personal Injuries Proceedings Act is made out.
AI may
- Identify the provider and whether the complaint has been lodged on the Ombudsman's form
- Say that the letter is not a notice of claim and is not consent to use conciliation material
- Ask how the complaint will be dealt with
AI must not
- Must not lodge this letter as the complaint or as an initial notice
- Must not say that a deemed excuse is made out
- Must not say the complaint changes the limitation date
- Must not put conciliation discussions in the letter
The lawyer checks
- Any initial notice or part 1 notice is a separate document sent to the proposed defendant
- The 2 years in section 9(6)(c) and section 9A(6A)(c) are counted from awareness of the matter of the complaint, and only if the complaint was about the proposed defendant
- Conciliation material stays out of the damages file unless the consents in section 149(4) are held
- 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.
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is available after you log in. It is free. When you log in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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