Mark a treatment apology against section 14J, which keeps a fact statement
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. Victoria. 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.
- An apology is sorrow, regret or sympathy, and does not include a clear acknowledgement of fault.
- In a civil proceeding where death or injury is in issue, an apology is not an admission of liability, or of unprofessional conduct, carelessness, incompetence or unsatisfactory professional performance.
- Section 14J(3) does not affect admissibility of a statement with respect to a fact in issue. The protection applies whether the words are oral or written, and whether or not a proceeding was in contemplation.
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
Injury in section 14I includes pre-natal injury and psychological or psychiatric injury. Do not treat the words as inadmissible evidence of fault.
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.