guidance diffAI GovernanceAI in Courts
Australia's law-society AI guidance: the joint statement and state guides
Australian regulator guidance on generative AI — Queensland's Guidance Statement 37, the three-regulator joint statement, and the NSW solicitor's guide.
Australia’s legal regulators guide solicitors on generative AI through state law societies and a shared cross-regulator statement. This is the dated record of that professional-conduct guidance, which sits alongside the strict court rules — including the New South Wales Supreme Court’s prohibition for evidence. The regulator guidance itself is verification-and-confidentiality based, not prohibitory.
The chronology
| Body | Document | Date | Status |
|---|---|---|---|
| Queensland Law Society | Guidance Statement No. 37 — AI in Legal Practice | 31 May 2024 | Current |
| NSW LS + LPB WA + VLSB+C (joint) | Statement on the use of AI in Australian legal practice | 6 December 2024 | Current |
| Law Society of NSW | A Solicitor’s Guide to Responsible Use of AI | v1 late 2024 → current Jan 2026 | Current |
Queensland: the first mover
Queensland Law Society Guidance Statement No. 37 (31 May 2024) was the first such guidance from an Australian law society. It requires reasonable steps to ensure a tool will not misuse or expose confidential data, disclosure to clients where AI contributes substantially (and in court proceedings), verification of all AI output with the practitioner remaining responsible, and billing only for actual time.
The three-regulator joint statement
On 6 December 2024, the three Legal Profession Uniform Law regulators — the Law Society of NSW, the Legal Practice Board of Western Australia, and the Victorian Legal Services Board and Commissioner — issued a shared “Statement on the use of artificial intelligence in Australian legal practice.” It is one document promoted by each body. It requires that confidential or privileged data never enter public tools, that practitioners personally verify AI output before it reaches a client or court, that costs reflect actual work, and that firms adopt risk-based AI policies with active supervision of junior and support staff. This is the same VLSB+C guidance that stands behind the Dayal disposition, though that referral is a discipline matter, not the guidance itself.
New South Wales: a versioned guide
The Law Society of NSW’s “A Solicitor’s Guide to Responsible Use of Artificial Intelligence” first appeared in late 2024 and was revised to a current version cover-dated January 2026. It covers confidentiality (never input confidential or privileged information into public tools), professional judgment (AI cannot substitute for legal analysis), and verification (do not rely on output without independent checking), plus a section directing practitioners to consider relevant court protocols and practice notes.