Continue Your Claim

The Part 2 Notice

The Part 2 Notice enables you to describe your injury as well as treatments and related financial losses. If you do not have a copy of the form, you can download the form from the Queensland Department of Justice Website and print to complete the form by hand. Download the complete Claim Form

You may need Adobe Reader to view the Notice. If you have difficulties downloading this form or do not have a printer, your community legal service can provide you with a copy.

Did you receive a response to the Part 1 Notice?

Yes No

Stop Here.

If you have not received a response, or the response is late, you must seek legal advice immediately.

Within two months

You must complete, sign and serve the Part 2 Notice by this date.

Your claim is now late.
Your claim is almost due.
You need to seek legal advice immediately.

Before You Begin

The Part 2 Notice continues your claim by describing your injuries. This process is divided into three key areas:

  1. Detailing your occupation, in which you describe your working situation before the injury,

  2. Detailing your treatment, in which you describe and list the treatments you've received in relation to your injury,

  3. Detailing the effect of your injury on your life , in which you list the ways in which your injury has affected your ability to work, your financial situation and quality of life.

  • Timeline

    The Response

    Compliance Response from Respondent

    • Within two months

      Complete and Serve Part 2 Notice on Respondent.

    • Once you complete and serve the Part 2 Notice, you must gather liability evidence to support your claim.

    • You should also attend the medico-legal appointments to obtain reports to support your claim.

    • Within 6 months of serving the Part 1 Notice.

      Liability response from Respondent.

    • You will now be entering the Settlement phase of your claim.

  • What You Will Need

    To complete the Part 2 Notice, you will need to provide further information and documents. You will need to include:

    • Your tax and social security details,

    • Information about your occupation and employment,

    • Contact information for your employer or information about your own self-employment,

    • Information about your academic history,

    • Medical certificates or reports from your doctors and/or specialists,

    • Information regarding disabilities resulting from your injury.

The Part 2 Notice Walkthrough

Pg 15

Complete the name and address of the individual or organisation responsible for your injury. Where prompted, list your name and your current contact details.

Pg 16

Section E requires you to complete information about your economic loss. List your occupation type, job title and briefly describe the kind of work you were engaged in.

For Question 27, list the institutions you have attended, including any of the following:

  • The school where you received your high school certificate,
  • Universities or TAFE colleges attended,
  • Organisations that have supported you to complete an apprenticeship.

Finally, you'll need to declare whether your injury has resulted in a loss of income. If you have experienced lost income, continue to the next page. If you have not experienced lost income, you will need to skip to Question 47 →

Pg 17

You will need to declare your current working capacity, future working capacity and income circumstances since suffering your injury.

It is possible to be both losing income whilst still having returned to work. If you are experiencing decreased income, yet are working (E.g. reduced hours due to the injury), then you would answer YES to both Questions 29 and 30. If you answer YES to Question 30, skip to Question 32 →.

You will also need to describe and list the details of your employment for the three years prior to the incident and for the intervening period since the incident. If you were self employed, list your period of employment, earnings, and a description of your business.

If you require more space, add additional employer details on a separate, attached page.

Pg 18

If you use an Accountant, list their name and current contact details.

This page also requires you detail the times you spent away from your employment. You should include all periods in which you were unable to attend your employment, including time spent on treatment or rehabilitation.

If you had more than four periods of time away from your employment, list them on a separate page titled 'Periods Away From Work' and attach it to this form.

Pg 19

You will need to give specific details about how your weekly earnings have been affected.

Complete the details of losses of earnings from self- employment if applicable. If you need more space, use a separate sheet of paper and attach it to the form.

If you were not self-employed at the time of your injury, skip to Question 40 → Otherwise, give details about the effect your injury has had on your business and whether someone has been hired to replace you as a result.

If you need more space, attach a separate sheet with the details of the person hired to replace you..

For Question 37, you are required to include copies of your tax returns and an explanation of your calculations.

Pg 20

If you are not receiving an income as an employee, you will need to tick 'No' for Question 40 and skip to Question 44 →

Otherwise, list your employment details, including:

  • Your employment details (full time, part time or similar),
  • Your occupation or job title,
  • Your employer's name, workplace address and contact details,
  • Your usual weekly working hours, divided into contractually agreed hours and your average amount of overtime (if any),
  • A description of your duties, and -
  • A breakdown of your standard weekly earnings.

If you had a second job at the time of your injury, answer YES to Question 42 and 43. Otherwise, skip to Question 44 →

Pg 21

Finally, if you had made arrangements to change jobs, start a new job or stop working when you were injured, provide a statement detailing the circumstances or actions you were planning on taking.

You only need to provide information related to the job(s) you detailed earlier in the Claim OR information about a new job you had not yet started when you were injured.

In Question 45, you have the first opportunity to provide a statement about the impact your injury has had on your economic situation. Be concise and accurate and describe how the injury has affected you.

If you have or will receive money as a result of your inability to work due to your injury, you will need to declare it.

Ensure you include holiday pay, sick pay and other entitlements you may have received as a result of your circumstances.

Pg 22

You'll need to list details of monies received in this section.

  • Your social security number, if you've received a social security benefit;
  • your insurer's name, address and contact details, if you've received workers compensation;
  • contact details of any individual or financial institution that has loaned you money;
  • your insurer's name and details and your policy number, if you have received an insurance payout related to your injury.

Pg 23

Section F requires you to list the details of all medical practitioners treating or rehabilitating the injury. These professionals may include:

  • Your GP,
  • Specialist doctors and surgeons,
  • Physiotherapists, chiropractors, occupational therapists, osteopaths or other physical rehabilitation specialists,
  • Psychologists, psychiatrists and other mental health care specialists.

If you have more than four providers, attach separate pages titled 'Health Care Providers, etc' to this form.

Pg 24

The remaining questions in this section (Questions 48 - 53) detail your rehabilitation plans and recommendations. You will need to provide a statement on whether rehabilitation has been recommended to you as a result of your injury, and provide details of this rehabilitation plan.

You will not be required to provide extensive detail about your rehabilitation, but you will need to list the contact details of your provider.

Pg 25

You will need to provide information about your future rehabilitation plans, if applicable. If you plan to continue rehabilitation beyond the date of your Claim, you will need to complete details about these plans.

You will also need to provide details of any disability you have suffered as a result of the injury. This can be physical or psychological in nature.

If you need more space, attach a separate page called 'Disabilities' to your Claim.

Pg 26

Section G asks whether the injured person is ready to settle the claim. If you are not ready to make an offer to settle, you must provide a reason. The usual reason is that your injuries are yet to stabilise and you do not have all the medical evidence to make an informed decision.

Stabilisation is when injuries are no longer deteriorating or have reached maximum improvement after reasonable treatment. This can take time.

Pg 27

Section H requires you to attach the listed documentation to the form. Check back through your form to ensure all sections are completed

Read through the declaration on this page carefully. In signing this form;

  • you are giving permission for the respondent or their insurer to obtain records or information relating to your claim,
  • you are verifying that the information contained in the form (including attachments) is true, correct and complete.

Pg 28

The injured person will need to sign the Part 2 Notice in the presence of a solicitor, Justice of the Peace or Commissioner for Declarations.

If you need to, you can Find a JP at the Department of Justice website.

Completing the Part 2 Notice

Once the form is complete and signed, the Notice should be addressed and mailed to the respondent (or their insurer if appropriate).

It is recommended you send the Notice by Registered Post so you can prove receipt of the notice and the date of delivery.

  • The Response

    There is no compliance response issued by the respondent after serving the Part 2 Notice.

    If you make an offer of settlement in the Part 2 Notice, the respondent may make a counter offer to you.

    The Personal Injuries Proceedings Act 2002 imposes an obligation on all respondents (usually, insurers acting on their behalf) to attempt to resolve claims within 6 months of receiving a complying Part 1 Notice.

    An attempt to resolve a claim means the respondent must:

    1. take all reasonable steps to inform themselves of the circumstances of the incident;

    2. provide a response as to whether liability is admitted or denied and whether contributory negligence is alleged against you; AND

    3. make an offer of settlement.

    Contributory Negligence is when an injured person fails to take reasonable care for his or own safety and well-being, and contributes to their own injuries or in some way causes the incident which causes their injuries.

  • Offering to Settle

    If you are not ready to make an offer to settle, you must provide a reason. There are common reasons to not settle immediately, including:

    • you are in the process of gathering medico-legal evidence to support your claim,

    • your injuries and their effects on your livelihood are not yet fully understood, or

    • your injuries have not yet stabilised.

    Stabilisation is when injuries are no longer deteriorating, or have reached maximum improvement after reasonable treatment. Often injuries will not have stabilized within the timeframe for completing the Part 2 Notice.

    It is recommended you seek legal advice before offering to settle.

Completed Part 2?

Continue to Settlement →