Mark an apology against section 14J, which keeps a fact statement admissible
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Extract the words of regret or apology as they appear, and name the speaker and the date. Do not say whether the words are admissible.
- What the lawyer must review
- Decide whether the words are an apology or a clear acknowledgement of fault.
- 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. Victoria. A civil proceeding in which death or injury is in issue and words of regret are in the file.
Produce. An extract of the words, with the lawyer's decision on their effect kept separate.
Have ready. The email, letter or note; The speaker and the date on that document.
Example of the limit. Illustrative example: A letter says "I am sorry you were hurt" and also says "the step was broken". The extract keeps both sentences. It does not delete the fact sentence.
Stop and hand it back when
- The words cannot be read.
- The tool is asked to say the words are inadmissible.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Extract the words of regret or apology 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
- Extract the words, the speaker and the date from the document.
- An apology does not constitute an admission of liability for the death or injury, or an admission of unprofessional conduct, carelessness, incompetence or unsatisfactory professional performance.
- Section 14J(2) applies whether the apology is oral or written, and whether made before or after a proceeding was in contemplation or commenced.
- Section 14J(3): nothing in the section affects the admissibility of a statement with respect to a fact in issue or tending to establish a fact in issue. Injury in section 14I includes pre-natal injury and psychological or psychiatric injury.
Sources
- Wrongs Act 1958 (Vic) section 14I · 2026-10-23
- Wrongs Act 1958 (Vic) section 14J · 2026-10-23
- Supreme Court of Victoria Practice Note SC Gen 25 · 2026-10-23
A clear acknowledgement of fault is outside the definition of apology. Do not treat the words as inadmissible evidence of fault. That is not what section 14J says.
If this is filed in the Supreme Court of Victoria, Practice Note SC Gen 25, issued on 14 May 2026, calls for particular caution with affidavit material and expert reports, and says confidential information should not go into a public AI tool.