Mark apology and regret statements against the limit on using them
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the open-disclosure notes, letters and records the lawyer has selected, extract each statement of sorrow, regret, sympathy or apology, with the document, page and date, place it beside the limit in the section the lawyer names, and mark a statement that contains an acknowledgement of fault or liability. Do not decide that the statement is admissible.
- What the lawyer must review
- The lawyer decides whether the statement is inside the protection, and whether it is admissible.
- Treat a clear acknowledgement of fault as outside the Victorian definition of an apology.
- Treat an admission of liability as outside the Queensland definition of an expression of regret.
- Health information stays in a firm-controlled tool, not a public one.
Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD
Who does what
| Role | What they do |
|---|---|
| Assistance | From the open-disclosure notes, letters and records the lawyer has selected, extract each statement of sorrow, regret, sympathy or apology, with the document, page and date, place it beside the limit in the section the lawyer names, and mark a statement that contains an acknowledgement of fault or liability. Do not decide that the statement is admissible. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Separate a statement of fact from an expression of sorrow. In Victoria, section 14J(3) leaves statements of fact admissible.
- In New South Wales, do not treat an admission of fault inside an apology as outside section 69. The definition includes it.
- In Queensland, mark any admission of liability as outside section 71, and mark any statement made after proceedings started as outside section 72.
- Do not treat a conciliation statement as an ordinary apology. Conciliation has its own rule, dealt with in the complaint tasks.
Sources
- Wrongs Act 1958 (Vic) s 14I · 2026-10-23
- Wrongs Act 1958 (Vic) s 14J · 2026-10-23
- Civil Liability Act 2002 (NSW) s 68 · 2026-10-23
- Civil Liability Act 2002 (NSW) s 69 · 2026-10-23
- Civil Liability Act 2003 (Qld) s 71 · 2026-10-23
- Civil Liability Act 2003 (Qld) s 72 · 2026-10-23
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.
Health information stays in a firm-controlled tool. Rule 9.1 of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015, as described by the Victorian Legal Services Board and Commissioner, and APP 11, apply. The lawyer decides whether any loss is notifiable under the Privacy Act 1988 (Cth).