E Apologies There is increasing recognition of the value of an apology in civil proceedings especially where the plaintiff has suffered an abuse of human rights.194 At common law the courts do not have power to order apologies, but an apology can be given on settlement of a claim. The present common law position is that admissions of regret or apologies will not automatically constitute admissions of liability.195Parliaments clearly acknowledge the merit of an apology as one in a suite of remedies in a range of civil proceedings.196 In most Australian jurisdictions an apology in a claim in the tort of negligence is not admissible as an admission of liability.197 The Royal Commission has not recommended court-ordered apologies but has recommended that institutions should provide direct personal responses to survivors, including an apology, on request by a survivor.198 A statutory requirement for apologies in cases of institutional child sexual abuse might be considered. While a court-ordered apology might not have the same value as a genuine apology freely given, a court- or statute-mandated apology would serve a worthwhile purpose in providing to a survivor a statement of acknowledgement and regret for abusive treatment.
