Victorian Current Acts

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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.

S. 14K inserted by No. 49/2002 s. 6.

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