---
title: "Offer to make amends in response to a concerns notice"
url: "https://ailawframework.com/precedents/defamation-and-media-law/offer-to-make-amends"
type: "precedent"
site: "AI Law Framework"
id: "a33-offer-to-make-amends"
area_id: "A33"
kind: "letter"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# Offer to make amends in response to a concerns notice

> A publisher's offer to make amends that tracks every mandatory item in s 15, the s 14 timing rules and the s 18 reasonableness factors, with correction and apology annexures.

Canonical page: https://ailawframework.com/precedents/defamation-and-media-law/offer-to-make-amends  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Letter. A letter or email you adapt and send.
- Practice area: [Defamation & Media Law](https://ailawframework.com/precedents/defamation-and-media-law.md)
- Jurisdictions: Australia, New South Wales
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 8 authorities it cites, for Australia and New South Wales.

## When to use it

Use for a publisher that has received a concerns notice and wants to resolve the claim or preserve the s 18 defence. It cannot be used after the applicable period ends or once a defence has been served.

## How AI may be used

AI may prepare a first draft and check it against the s 15 content list and s 14 timing; the scope of the offer, the correction wording and the money terms are lawyer decisions.

**AI may:**

- Produce a first draft from the concerns notice, the capture and the settlement range the lawyer has approved
- Check the draft against each s 15(1) requirement and list gaps
- Compare the draft correction with the original matter and list meanings that remain, are withdrawn or are new

**AI must not:**

- Must not decide which imputations to accept, the correction wording or the compensation figure
- Must not fix the acceptance or applicable-period dates without the lawyer checking them against the Act
- Must not send the offer or communicate with the other side

**The lawyer checks:**

- The offer is made within the applicable period and before any defence is served
- Every s 15(1) element is present and the offer stays open for at least 28 days counting the day it is made
- The client has instructed in writing that it is ready and willing to carry out each term
- The correction prominence and timing will meet the s 18(2) reasonableness factors

## Authorities

- [Defamation Act 2005 (NSW) s 13 (publisher may make offer to make amends)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2005-077#sec.13)
- [Defamation Act 2005 (NSW) s 14 (when offer may be made)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2005-077#sec.14)
- [Defamation Act 2005 (NSW) s 15 (content of offer)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2005-077#sec.15)
- [Defamation Act 2005 (NSW) ss 16, 17 (withdrawal and acceptance)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2005-077#sec.16)
- [Defamation Act 2005 (NSW) s 18 (failure to accept reasonable offer)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2005-077#sec.18)
- [Defamation Act 2005 (NSW) ss 19, 20 (inadmissibility of statements; apologies)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2005-077#sec.19)
- [Defamation Act 2005 (NSW) ss 35, 40 (damages cap; costs)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2005-077#sec.35)
- [Defamation Act 2005 (WA) ss 14, 15](https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_260_homepage.html)

## Official form

[Official form](https://legislation.nsw.gov.au/view/html/inforce/current/act-2005-077)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/defamation-and-media-law/offer-to-make-amends and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*