---
title: "Mark a treatment apology against section 14J, which keeps a fact statement"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/mark-apology-and-regret-statements-against-the-limit-on-using-them/victoria"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-MN20261023-4-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 a treatment apology against section 14J, which keeps a fact statement

> 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/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 | 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 | Victoria |
| 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 14I excludes a clear acknowledgement of fault from an apology. Section 14J(3) leaves a statement of a fact in issue admissible. Injury includes pre-natal injury.

- 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. An apology is sorrow, regret or sympathy, and does not include a clear acknowledgement of fault.
3. 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.
4. 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.

## Notes

- 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.

## Practical guide

Jurisdiction: Victoria. 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

- [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.*