---
title: "Mark an apology against sections 68 and 69"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-an-apology-or-expression-of-regret-is-an-admission/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-PL20261023-12-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Mark an apology against sections 68 and 69

> Extract the words as they appear, and name the speaker and the date. Do not say whether the words are admissible.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-an-apology-or-expression-of-regret-is-an-admission/new-south-wales  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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). |
| Written for | New South Wales |
| Applies to | [Check whether an apology or expression of regret is an admission](https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-an-apology-or-expression-of-regret-is-an-admission.md) |

## Checking plan

**Verify against sources**

Section 68 defines an apology as including words that admit or imply fault. Section 69 says evidence of an apology is not admissible as evidence of fault or liability.

- What the AI does: Extract the words as they appear, and name the speaker and the date. Do not say whether the words are admissible.
- What the lawyer does: Make the legal assessment, check the source material and authorise the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. The extract shows the words, the speaker and the date.
2. 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.
3. 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.
4. Section 69(2): evidence of an apology is not admissible in any civil proceedings as evidence of the fault or liability of the person.

## Notes

- 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.

## Practical guide

Jurisdiction: New South Wales. Words said to be an apology.

**Deliverable**: An extract of the words set against sections 68 and 69. The lawyer decides the effect.

**Inputs**

- The words as they appear
- Who spoke or wrote them
- The date

**Example**: 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 escalate when**

- The words cannot be read.
- The tool is asked to decide admissibility.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2002 (NSW) section 68](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s68.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) section 69](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s69.html) (checked 2026-10-23)
- [Supreme Court of NSW Practice Note SC Gen 23](https://supremecourt.nsw.gov.au/practice-procedure/generative-artificial-intelligence.html) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*