Mark an apology against sections 68 and 69
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Extract the words as they appear, and name the speaker and the date. Do not say whether the words are admissible.
- What the lawyer must review
- The lawyer decides whether the words are an apology as section 68 defines it.
- Keep the words as spoken or written. Do not smooth them.
- Keep health and wage records in a firm-controlled tool, not a public one.
- ASCR r 9 and APP 11 apply. Decide if a breach is notifiable under the Privacy Act 1988 (Cth).
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. New South Wales. Words said to be an apology.
Produce. An extract of the words set against sections 68 and 69. The lawyer decides the effect.
Have ready. The words as they appear; Who spoke or wrote them; The date.
Example of the limit. Illustrative example: An email expresses regret and also says a light was out. The extract keeps both sentences. It does not delete the fact sentence before the lawyer has applied section 68.
Stop and hand it back when
- The words cannot be read.
- The tool is asked to decide admissibility.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Extract the words as they appear, and name the speaker and the date. Do not say whether the words are admissible. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- The extract shows the words, the speaker and the date.
- Section 68: an expression of sympathy or regret, or of a general sense of benevolence or compassion, whether or not it admits or implies an admission of fault.
- Section 69(1): an apology does not constitute an express or implied admission of fault or liability and is not relevant to the determination of fault or liability.
- Section 69(2): evidence of an apology is not admissible in any civil proceedings as evidence of the fault or liability of the person.
Sources
- Civil Liability Act 2002 (NSW) section 68 · 2026-10-23
- Civil Liability Act 2002 (NSW) section 69 · 2026-10-23
- Supreme Court of NSW Practice Note SC Gen 23 · 2026-10-23
Do not use a definition that excludes a clear acknowledgement of fault. That is not section 68.
If this is filed in the Supreme Court of New South Wales, Practice Note SC Gen 23, issued on 28 January 2025 and commenced on 3 February 2025, bars generative AI from the content of an affidavit or witness statement, and from an expert report without prior leave, subject to paragraph 23.