Generative AI guidance issued by Australia’s New South Wales tribunal
Generative AI may assist with administrative tasks in NCAT proceedings, but not with generating or altering evidence.
The New South Wales Civil and Administrative Tribunal has issued guidance on the acceptable use of generative AI in tribunal proceedings as part of Privacy Awareness Week NSW 2026, which this year focuses on personal information risks in the age of AI.
According to NCAT, generative AI tools may be used to assist with administrative and organisational tasks such as summarising material, organising information, or preparing chronologies. At the same time, the tribunal warns that such tools can create privacy risks if users enter personal, sensitive, or confidential information.
The guidance is set out in NCAT Procedural Direction 7 on the use of generative AI, together with an accompanying fact sheet. NCAT says the aim is to clarify when generative AI may be used in tribunal-related work while reinforcing obligations to protect personal and confidential information.
The tribunal also draws a clear line around evidentiary material. Generative AI must not be used to generate or alter evidence in tribunal proceedings, including statements, affidavits, statutory declarations, character references, or other evidentiary documents.
NCAT further states that generative AI must not be used to generate content for an expert report unless the tribunal has given permission. It is encouraging parties and their representatives to review the guidance before using such tools in proceedings.
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