C2003-28 Apologies by Public Sector Agencies and Officials

In the past, public officials and agencies have been reluctant to make an apology as this was seen as being an admission of liability, leaving the government, Minister or agency open to action through the courts.

With the commencement of amendments of the Civil Liability Act 2002 (the Act) on 6 December 2002, in most cases the giving of an apology is no longer an admission of fault or liability. Part 10 of the Act provides that an apology (including an expression of sympathy or regret) does not constitute an admission of liability and will not be relevant to the determination of fault or liability in connection with civil liability of any kind, other than in certain limited circumstances.

Considerable research in the area of customer satisfaction indicates that where appropriate, the giving of apologies is often the most effective way to deal with a grievance. In fact many complainants demand no more of an agency or its representatives than to be listened to, understood, respected and provided with an explanation and an apology.

The NSW Ombudsman has issued a series of fact sheets designed to assist agencies apply the provisions of the amended Act when an apology may be an appropriate remedy to a dispute, grievance or other complaint.

The fact sheets outline how an apology should be worded, which apologies are not protected by the Act, liability issues in relation to providing apologies and other issues for public officials. The fact sheets are available on the Ombudsman's Office Website at www.ombo.nsw.gov.au

Please note that the amendments to the Act provide for some exclusions. Therefore, any proposed apologies should only be after consultation with the agency's legal advisor to ensure the apology does not create any unforeseen legal liability.

Further enquiries may be directed to the Office of The NSW Ombudsman on telephone 9286 1000.

C. Gellatly
Director-General