---
title: "Decide whether a South Australian discovery or suppressed document may be uploaded"
url: "https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/decide-whether-discovery-or-suppressed-material-can-go-into-a-tool/south-australia"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "J-SA-F20260922-2"
practice_area: "Commercial Litigation & Dispute Resolution"
tier: "red"
lawyer_review: "required"
jurisdictions: ["SA"]
last_reviewed: "2026-09-23"
---

# Decide whether a South Australian discovery or suppressed document may be uploaded

> Organise a list of document categories from filenames the lawyer has already cleared. Do not upload the documents themselves.

Canonical page: https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/decide-whether-discovery-or-suppressed-material-can-go-into-a-tool/south-australia  
Last reviewed: 2026-09-23

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Commercial Litigation & Dispute Resolution](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | Organise a list of document categories from filenames the lawyer has already cleared. Do not upload the documents themselves. |
| What the lawyer must review | Do not rely on a "closed" label Ask whether uploads retrain the model or are kept after the agreement ends |
| Written for | South Australia |
| Applies to | [Decide whether discovery or suppressed material can go into a tool](https://ailawframework.com/practice/commercial-litigation-and-dispute-resolution/decide-whether-discovery-or-suppressed-material-can-go-into-a-tool.md) |

## Checking plan

**Lawyer-led judgement**

The guidelines say that uploading compelled, suppressed, privileged or confidential litigation material to a system that is not closed can be a breach of obligation and possibly a contempt.

- What the AI does: Organise a list of document categories from filenames the lawyer has already cleared. Do not upload the documents themselves.
- What the lawyer does: Decide, from the provider’s terms, whether the system is closed. If you are not satisfied, the documents stay out.
- Who reviews: Lawyer competent in the matter and the forum
- Basis: Second research pass on 22 September 2026. Confirm the instrument is still current.
- Why: The traffic light follows the consequence of getting the forum’s rule wrong.
- Restriction: The lawyer leads this decision. Assistance stays inside the preparation described for the task.

## Checks the lawyer makes

1. Separate compelled, suppressed, privileged and settlement documents from ordinary working papers.
2. Read the provider’s terms on training and retention. Do not rely on the word “closed” alone.
3. Keep the tool on filenames until that decision is made.
4. The lawyer records the decision before any restricted document is uploaded.

## Notes

- Suggested working checks from the linked public source. Read that source before you rely on the check. This is not a record that the check has been done.

## Practical guide

Jurisdiction: South Australian courts applying the generative AI guidelines

**Deliverable**: A category list marked “not cleared”, and the lawyer’s decision on the system.

**Inputs**

- Filenames or categories only
- The provider’s current terms
- The guidelines’ section on unlawful disclosure

**Example**: A standard ChatGPT upload of a discovered contract is the example the guidelines give of a system that is not private. It stays out unless an enterprise arrangement has been checked.

**Stop and escalate when**

- The documents have already been uploaded to test the tool.
- The terms do not say whether uploads are used to train the model or kept after the contract ends.

Checked 2026-09-22.

## Sources

- [South Australian courts: Guidelines concerning the use of generative artificial intelligence](https://www.courts.sa.gov.au/2025/12/24/guidelines-concerning-the-use-of-generative-artificial-intelligence-in-litigation-in-south-australian-courts/) (checked 2026-09-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*