14JApology 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.

S. 14K inserted by No. 49/2002 s. 6.