Pursuant to section 9 of the Personal Injuries Proceedings Act 2002 (“the Act”), a claimant’s first procedural step in their QLD Abuse Law claim, after their initial consultation and once their initial relevant documentation is received, is to serve a document called a Part 1 Notice of Claim form on the person or entity the claimant holds responsible for the their injuries (known as the respondent). Section 9 of the Act also provides that a claimant is required to provide the respondent with further information in relation to their claim, including information concerning any claim for loss of income, any rehabilitation or treatment that they have received, and the ongoing disabilities caused by their injury within a document called a Part 2 Notice of Claim form. The Part 2 Notice of Claim form is due to be served on the respondent/s within 2 months after the Part 1 Notice of Claim form is complaint.  

It is essential that the information in the Part 1 and Part 2 Notice of Claim forms is true and correct to the best of the claimant’s knowledge, as it is a sworn document.  The Act imposes consequences in the form of a penalty upon people who knowingly provide false, misleading, or incomplete information in either of the forms.  

Accordingly, it is essential that a claimant is satisfied upon signing the Part 1 and Part 2 Notice of Claim forms that they have provided all details requested within the document.  It is also essential that a claimant discloses any other injuries, illnesses or disabilities that they may have had before or since the subject incident/abuse.  

It is important to note that by signing a Part 1 and Part 2 Notice of Claim form, a claimant is authorising the respondent to have access to the claimant’s medical records and other information in order for the respondent to investigate and respond to the claim.  Claimants are unable to prevent this access as, by law, the respondent is entitled to this information. 

In light of the above, when a claimant is at a point where they are looking to execute both a Part 1 and Part 2 Notice of Claim form, it is important that the claimant:  

Reads through the Part 1 and Part 2 Notice of Claim forms carefully to ensure that it is completely true and correct to the best of their knowledge; and 

Once a claimant is satisfied with point 1 above, the claimant is required to sign the Part 1 and Part 2 Notice of Claim forms in the presence of a qualified witness (i.e. a Justice of the Peace or a Solicitor).   

If you are looking for further information regarding the QLD Abuse Law claim process, please read Emily Wright’s article ‘Abuse Law: Frequently asked questions about the claim process’ for further general information regarding the claim process: https://littles.co/abuse-law-frequently-asked-questions-about-the-claim-process/ .  

We are specialist abuse lawyers and can help you receive acknowledgement, meaningful apology and financial resolution from those institutions and systems of power that failed to protect you from harm. If you would like advice in relation to a childhood or adult sexual, physical and/or psychological/emotional abuse claim, please reach out to the author, Emily Wright, and Littles Lawyers today. 

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