---
title: "Separate an expression of regret under section 72 from an apology under section 72D"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-an-apology-or-expression-of-regret-is-an-admission/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-PL20261023-12-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Separate an expression of regret under section 72 from an apology under section 72D

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-an-apology-or-expression-of-regret-is-an-admission/queensland  
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. 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). |
| Written for | Queensland |
| 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 72 protects an expression of regret made by an individual before a proceeding. Section 72D deals with an apology, which may admit fault, and makes evidence of it inadmissible as evidence of fault or liability.

- What the AI does: 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 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. 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.
2. Section 72: that statement, made before a civil proceeding is started, is not admissible in the proceeding.
3. 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.
4. 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.

## Notes

- 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.

## Practical guide

Jurisdiction: Queensland. Words of regret or apology on a claim for damages.

**Deliverable**: An extract of the words, marked against section 71 or section 72C, for the lawyer to settle.

**Inputs**

- The words as they appear
- Whether a proceeding had started
- Whether the speaker was an individual

**Example**: 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 escalate when**

- The tool is asked to decide admissibility.
- The words are rewritten.

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2003 (Qld) section 71](https://www.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s71.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) section 72](https://www.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s72.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) section 72C](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s72c.html) (checked 2026-10-23)
- [Civil Liability Act 2003 (Qld) section 72D](https://classic.austlii.edu.au/au/legis/qld/consol_act/cla2003161/s72d.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.*