This is a Queensland regulation (a detailed set of rules made under a broader law called the Personal Injuries Proceedings Act) that sets out the step-by-step process for how a person injured through someone else's fault must formally notify the other party before they can sue for compensation.
Who does it affect?
Injured people (and their lawyers) who want to make a personal injury compensation claim — whether from an accident, negligence, medical treatment gone wrong, or the death of a family breadwinner
Insurers and organisations who receive these claims
Lawyers acting for either side
Hospitals, employers, government agencies who may hold records relevant to a claim
What does it actually require?
If you want to make a personal injury claim, you must first send a formal "notice of claim" — think of it as a detailed information package — to the person or organisation you're blaming. This regulation spells out exactly what must go in that package:
For every claim, you must include:
Your personal details, employment history (going back at least 3 years), income, and any prior injuries or disabilities
Full details of how the incident happened, including witnesses, who you think was responsible and why, plus whether any safety device (like a seatbelt or helmet) was available and whether you were using it
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
Details of your injury, all treatment received, and how the injury affects you today
Details of any financial losses (lost wages, etc.)
Whether you were approached or solicited to make the claim (to help crack down on dodgy referral arrangements between lawyers and claim-finders)
For death claims ("dependency claims"), you must also include:
Details about the deceased's dependants — spouses (including de facto partners), children — and their financial circumstances
For medical negligence claims ("health care claims"), you must also include:
What condition you were being treated for, what went wrong, any warnings or consent forms you received, and any complaints already made to health oversight bodies
Key documents you must attach:
A signed claimant's certificate (a sworn statutory declaration — a legally binding written statement) confirming whether someone approached you to make the claim
Doctor's certificates, death certificates, or medical consent forms as relevant
Any other documents in your possession relevant to your injury, losses, treatment or rehabilitation
Deadlines and timeframes:
Once someone receives your claim notice, they have 1 month to pass it on to any other party who might also be responsible
Respondents (the party you're claiming against) have 3 months to identify and add any other parties who share responsibility
Various 7-day windows apply for notifying parties once they've been formally added
Settlement offers to unrepresented claimants:
If you don't have a lawyer and you receive a settlement offer, the other side must include a written warning telling you the offer is final and urging you to get independent legal advice
Costs rules:
If you accept a settlement offer within a certain range, your legal costs are capped — you can recover no more than a set formula based on court scale costs plus conference attendance at $175/hour (first hour) and $150/hour thereafter, capped at the "declared costs limit"
Electronic notices:
Claim notices can be sent electronically (email, digital mailbox, SMS) if the other side has provided a written electronic address for that purpose
Why does this matter to you?
If you've been injured and want to sue someone for compensation, you cannot just go straight to court. You must follow this pre-claim process carefully. Getting it wrong — missing information, wrong documents, wrong timing — can delay or even derail your claim. On the flip side, if someone is claiming against you, this regulation tells you exactly what you're entitled to receive before the claim proceeds.
Section sec.4
Required information for notice of claim— Act , s 9