Victorian Consolidated Legislation

Wrongs Act 1958 - SECT 14J

Apology not admission of liability

14J. Apology not admission of liability



(1) In a civil proceeding where the death or injury of a person is in issue or
is relevant to an issue of fact or law, an apology does not constitute-

   (a)  an admission of liability for the death or injury; or

   (b)  an admission of unprofessional conduct, carelessness, incompetence or
        unsatisfactory professional performance, however expressed, for the
        purposes of any Act regulating the practice or conduct of a profession
        or occupation.

(2) Subsection (1) applies whether the apology-

   (a)  is made orally or in writing; or

   (b)  is made before or after the civil proceeding was in contemplation or
        commenced.

(3) Nothing in this section affects the admissibility of a statement with
respect to a fact in issue or tending to establish a fact in issue.