South Australian Current Acts

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CIVIL LIABILITY ACT 1936 - SECT 75

75—Effect of apology on liability

        (1)         An apology made by or on behalf of a person in connection with any matter alleged to have been caused by the person—

            (a)         does not constitute an express or implied admission of fault or liability by the person in connection with that matter; and

            (b)         is not relevant to the determination of fault or liability in connection with that matter.

        (2)         Evidence of an apology made by or on behalf of a person in connection with any matter alleged to have been caused by the person is not admissible in any civil proceedings as evidence of the fault or liability of the person in connection with that matter.

        (3)         This section does not apply in relation to—

            (a)         liability in respect of the tort of defamation; and

            (b)         civil liability of a kind that is excluded from the operation of this section by regulation.

        (4)         In this section—

"apology" means an expression of sympathy or regret, or of a general sense of benevolence or compassion, in connection with any matter, whether or not the apology admits or implies an admission of fault in connection with the matter.



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