Mark a treatment apology against sections 68 and 69
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the notes, letters and records the lawyer has selected, extract each statement of sorrow, regret, sympathy or apology, with the document, page and date, 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 which section applies to the words. The tool does not decide admissibility.
- Keep the words as they appear. 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. New South Wales. Treatment records that contain words of regret or apology.
Produce. An extract of each statement, placed beside the section, for the lawyer to settle.
Have ready. Open-disclosure notes, letters or records the lawyer selects; The page and date of each statement.
Example of the limit. Illustrative example: A progress note says the clinician is sorry and that a result was missed. The extract keeps both sentences and marks the second as a fact sentence. It does not rule on admissibility.
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 | From the notes, letters and records the lawyer has selected, extract each statement of sorrow, regret, sympathy or apology, with the document, page and date, 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
- Every extracted statement shows the document, the page and the date.
- Apply the section 68 definition, which does not exclude an acknowledgement of fault.
- Section 69(1): the apology is not an admission and is not relevant to fault or liability.
- Section 69(2): evidence of the apology is not admissible as evidence of fault or liability.
Sources
- Civil Liability Act 2002 (NSW) section 68 · 2026-10-23
- Civil Liability Act 2002 (NSW) section 69 · 2026-10-23
- Supreme Court of NSW Practice Note SC Gen 23 · 2026-10-23
Do not apply a definition that takes a clear acknowledgement of fault outside an apology. Section 68 does not say that.
If this is filed in the Supreme Court of New South Wales, Practice Note SC Gen 23, issued on 28 January 2025 and commenced on 3 February 2025, bars generative AI from the content of an affidavit or witness statement, and from an expert report without prior leave, subject to paragraph 23.