Separate an expression of regret under section 72 from an apology under section 72D
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. Mark whether they contain an admission of liability. Do not say whether they are admissible.
- What the lawyer must review
- The lawyer decides whether the words are an expression of regret, an apology, or neither.
- Check that an expression of regret contains no admission. The opened protection is for a statement before proceedings.
- 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. Queensland. Words of regret or apology on a claim for damages.
Produce. An extract of the words, marked against section 71 or section 72C, for the lawyer to settle.
Have ready. The words as they appear; Whether a proceeding had started; Whether the speaker was an individual.
Example of the limit. Illustrative example: A note made after proceedings started says the speaker is sorry and that a mat was loose. The extract records the date relative to the start of proceedings and does not call the loose-mat sentence an expression of regret.
Stop and hand it back when
- The tool is asked to decide admissibility.
- The words are rewritten.
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. Mark whether they contain an admission of liability. Do not say whether they 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
- An expression of regret under section 71 is an oral or written statement by an individual expressing regret for the incident, to the extent it does not contain an admission of liability.
- Section 72: that statement, made before a civil proceeding is started, is not admissible in the proceeding.
- An apology under section 72C is sympathy or regret, or a general sense of benevolence or compassion, whether or not it admits or implies fault.
- Section 72D: an apology does not constitute an express or implied admission of fault or liability, is not relevant to the determination of fault or liability, and evidence of it is not admissible in any civil proceeding as evidence of fault or liability.
Sources
- Civil Liability Act 2003 (Qld) section 71 · 2026-10-23
- Civil Liability Act 2003 (Qld) section 72 · 2026-10-23
- Civil Liability Act 2003 (Qld) section 72C · 2026-10-23
- Civil Liability Act 2003 (Qld) section 72D · 2026-10-23
Do not treat an expression of regret, which must not contain an admission and which section 72 confines to a statement by an individual before proceedings, as if it were an apology under section 72D. The section 72 example on the page is about a health care provider and an adverse outcome. It is an example in the Act, not a fact of this file.
The Queensland Courts generative AI page says the user is responsible for accuracy of what is given to a court or tribunal, and that confidential information must not go into a public chatbot. Practice Direction 5 of 2025 is listed. Its text was not opened.