---
title: "Mark a treatment apology against sections 68 and 69"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/mark-apology-and-regret-statements-against-the-limit-on-using-them/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-MN20261023-4-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Mark a treatment apology against sections 68 and 69

> 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…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/mark-apology-and-regret-statements-against-the-limit-on-using-them/new-south-wales  
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 | 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). |
| Written for | New South Wales |
| Applies to | [Mark apology and regret statements against the limit on using them](https://ailawframework.com/practice/personal-injury-and-compensation/mark-apology-and-regret-statements-against-the-limit-on-using-them.md) |

## Checking plan

**Verify against sources**

Section 68 includes an apology that admits or implies fault. Section 69 makes evidence of an apology inadmissible as evidence of fault or liability.

- What the AI does: 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 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. Every extracted statement shows the document, the page and the date.
2. Apply the section 68 definition, which does not exclude an acknowledgement of fault.
3. Section 69(1): the apology is not an admission and is not relevant to fault or liability.
4. Section 69(2): evidence of the apology is not admissible as evidence of fault or liability.

## Notes

- 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.

## Practical guide

Jurisdiction: New South Wales. Treatment records that contain words of regret or apology.

**Deliverable**: An extract of each statement, placed beside the section, for the lawyer to settle.

**Inputs**

- Open-disclosure notes, letters or records the lawyer selects
- The page and date of each statement

**Example**: 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 escalate when**

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

Checked 2026-10-23.

## Sources

- [Civil Liability Act 2002 (NSW) section 68](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s68.html) (checked 2026-10-23)
- [Civil Liability Act 2002 (NSW) section 69](https://classic.austlii.edu.au/au/legis/nsw/consol_act/cla2002161/s69.html) (checked 2026-10-23)
- [Supreme Court of NSW Practice Note SC Gen 23](https://supremecourt.nsw.gov.au/practice-procedure/generative-artificial-intelligence.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.*