---
title: "Letter to the Health Ombudsman about a complaint and a damages claim"
url: "https://ailawframework.com/precedents/health-and-medical-law/qld-oho-claim-interaction-letter"
type: "precedent"
site: "AI Law Framework"
id: "a32-qld-oho-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 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.

Canonical page: https://ailawframework.com/precedents/health-and-medical-law/qld-oho-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: Queensland
- 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 6 authorities it cites, for Queensland.

## 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](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 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.

## Authorities

- [Health Ombudsman Act 2013 (Qld) s 149 (conciliation information and documents are not admissible in a court, tribunal or disciplinary body, unless the consents in subsection (4) are given)](https://www.austlii.edu.au/au/legis/qld/consol_act/hoa2013162/s149.html)
- [Office of the Health Ombudsman, What happens when you make a complaint (conciliation material cannot be admitted in a proceeding before a court, tribunal or disciplinary body; assessment is generally within 22 business days)](https://www.oho.qld.gov.au/public/what-happens-when-you-make-a-complaint)
- [Personal Injuries Proceedings Act 2002 (Qld) ss 9(6)(c) and 9A(6A)(c) (a late part 1 notice or a late initial notice can have a deemed reasonable excuse where a health service complaint was made to the health ombudsman within 2 years of awareness and the notice is then given as soon as practicable)](https://www.legislation.qld.gov.au/view/whole/html/inforce/current/act-2002-024)
- [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/qld-oho-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.*