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Regulation Tracker / Australia

NCAT Procedural Direction 7: Use of Generative Artificial Intelligence (Gen AI)

New South Wales Civil and Administrative Tribunal · New South Wales

last revised 2025-03-07last verified 2026-09-041 versioncountry page →

Practice direction / noteIn forceProhibitionVerification dutyConfidentialityDisclosure

map categories:Disclosure of AI use in filingsDuty to verify AI outputAI-generated evidenceClient data in AI toolsSelf-represented litigants

NCAT's procedural direction extends the New South Wales Supreme Court's generative-AI regime to Australia's busiest tribunal. It bars Gen AI from the content of statements, affidavits, statutory declarations and character references, requires verification that must not itself be done with an AI tool, and restricts what may be entered into any program.

Applies to
lawyers, litigants, parties
Effective
07 Apr 2025
Current version
Issued 7 March 2025, commenced 7 April 2025 · 07 Mar 2025
Last verified
04 Sept 2026
Official text
ncat.nsw.gov.au/content/dam/dcj/ctsd/ncat/documents/procedural-directi…

What the document requires

  • Gen AI must not generate the content of statements, affidavits, statutory declarations, character references or other evidentiary material, nor be used to alter, embellish, strengthen, dilute or rephrase a witness's written evidence.
  • Information subject to non-disclosure or non-publication orders, statutory publication restrictions, or produced under summons must not be entered into any Gen AI program unless the platform is contractually closed and does not train on the data.
  • Permitted uses include chronologies, indexes, witness lists, briefs, document and transcript summaries, and written submissions.
  • Where Gen AI assisted in written submissions, parties must verify in the body of the submissions that all citations, authorities and legislative references exist, are accurate and are relevant.
  • That verification must not be carried out solely by using a Gen AI tool.
  • Leave may be sought in exceptional cases to use Gen AI for an annexure or exhibit, identifying the program, version, whether it is open or closed source, and the benefit.

Version history

VersionDateWhat changedSource
Issued 7 March 2025, commenced 7 April 2025current2025-03-07Based on Practice Note SC Gen 23, modified for the tribunal's jurisdictions.official

Sources

Cite this record

SafeLegalAI Legal AI Regulation Tracker, "NCAT Procedural Direction 7: Use of Generative Artificial Intelligence (Gen AI)" (New South Wales Civil and Administrative Tribunal, Issued 7 March 2025, commenced 7 April 2025, 2025-03-07), safelegalai.com/regulation/australia/au-ncat-procedural-direction-7-generative-ai (accessed 2026-09-04). Data: CC BY 4.0.

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