---
title: "Mark an apology against section 14J, which keeps a fact statement admissible"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-an-apology-or-expression-of-regret-is-an-admission/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-PL20261023-12-VIC"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["VIC"]
last_reviewed: "2026-10-25"
---

# Mark an apology against section 14J, which keeps a fact statement admissible

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/check-whether-an-apology-or-expression-of-regret-is-an-admission/victoria  
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 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). |
| Written for | Victoria |
| 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 14I defines an apology as sorrow, regret or sympathy, and not a clear acknowledgement of fault. Section 14J(3) leaves a statement of a fact in issue admissible.

- What the AI does: 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 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. Extract the words, the speaker and the date from the document.
2. 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.
3. Section 14J(2) applies whether the apology is oral or written, and whether made before or after a proceeding was in contemplation or commenced.
4. 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.

## Notes

- 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.

## Practical guide

Jurisdiction: Victoria. A civil proceeding in which death or injury is in issue and words of regret are in the file.

**Deliverable**: An extract of the words, with the lawyer's decision on their effect kept separate.

**Inputs**

- The email, letter or note
- The speaker and the date on that document

**Example**: 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 escalate when**

- The words cannot be read.
- The tool is asked to say the words are inadmissible.

Checked 2026-10-23.

## Sources

- [Wrongs Act 1958 (Vic) section 14I](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s14i.html) (checked 2026-10-23)
- [Wrongs Act 1958 (Vic) section 14J](https://classic.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s14j.html) (checked 2026-10-23)
- [Supreme Court of Victoria Practice Note SC Gen 25](https://www.supremecourt.vic.gov.au/areas/legal-resources/practice-notes/sc-gen-25-the-use-of-artificial-intelligence-by-court-users) (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.*