Checklist · Administrative & Public Law
ART disclosure where Generative AI touches evidence
When the ART Use of Generative AI Practice Direction 2026 requires disclosure in a statutory declaration, witness statement or other evidence, and what that disclosure must say. Generative AI must not make up, exaggerate, change or add to a person's evidence.
- Kind
- Checklist. Steps or checks to work through and tick off.
- Where it applies
- Australia, Commonwealth
- AI use
- Red You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the authority it cites, for Australia and Commonwealth.
- Version
- 1
- Source
- Written for this library
When to use it
Use when Generative AI has summarised or analysed information a witness relies on, translated evidence, created multimedia for the Tribunal, or been used in another way that might affect the relevance of evidence in an Administrative Review Tribunal proceeding.
Used for these tasks
- Prepare a tribunal submission compliant with the ART Gen AI practice direction
- Verify and disclose generative AI in a tribunal document
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
The disclosure sits in the evidentiary document. The lawyer writes it. AI may list the paragraph 3.11 limbs. The Practice Direction's own examples may be adapted. They are not a form.
AI may
- List the paragraph 3.11 limbs against the document
- Leave blanks for the tool, the part of the document, and how the output was checked
AI must not
- Must not use Generative AI to make up, exaggerate, change or add to a person's evidence
- Must not draft the statutory declaration or the expert's opinion
- Must not hide a translation that was done with Generative AI
- Must not treat the examples in the note to paragraph 3.14 as words the direction requires
The lawyer checks
- Paragraph 3.9: the statutory declaration or witness statement reflects the person's own recollection, knowledge, opinion and/or experience
- Disclosure is prominent, at or near the beginning, and states the tool, where it was used, and how the output was checked
- A translation disclosure includes the paragraph 3.12 particulars so far as they are known
- The Expert Evidence Practice Direction 2026 is opened before an expert report is filed. It was not opened for this checklist
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is available after you log in. It is free. When you log in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
More in Administrative & Public Law
- Freedom of information access application (Commonwealth, with NSW and NZ variants and review follow-ups)
- Request consultation notice for a practical refusal reason
- Application for review of a decision (ACAT): completion guide
- Authority for a representative (Administrative Review Tribunal)
- Application for extension of time to apply for review (Administrative Review Tribunal): preparation guide
- Application for leave to appeal or appeal (QCAT Form 39)
- Letter before judicial review proceedings to a Commonwealth decision-maker (ADJR Act), with time-limit and genuine steps record
- ART checks before a Generative AI submission is lodged
- Public interest factors for a conditionally exempt document
- FOI third-party consultation notice: business information or personal information (FOI Act ss 27 and 27A)
- Request for a stay order (Administrative Review Tribunal): when a stay is available and how to ask for one
- Withdrawal of an application (Administrative Review Tribunal)
- Application to stay a decision (QCAT Form 44)
- General review form (TASCAT Administrative Stream): completion guide
- Request for a statement of reasons for an administrative decision, with reasons-deficiency table
- Judicial review grounds from the record
- Agency submission in response to a Commonwealth Ombudsman draft report or proposed critical opinions (Ombudsman Act s 8(5))
- ART protected information and Generative AI tools
- Request for reasons and review of an automated or AI-assisted government decision
- Application to be made a party (Administrative Review Tribunal)
- Request to issue a summons (Administrative Review Tribunal): give evidence, produce documents, or both
- Initiating application for a review (NTCAT Form 1): completion guide
- Application for miscellaneous matters (QCAT Form 40)
- Time table for an order of review
- Application to the Administrative Review Tribunal for review: completion guide (including the Generative AI Practice Direction)
- ART checklist before Generative AI material is lodged
- Notice opposing an extension of time (Administrative Review Tribunal)
- Request for reasons for a QCAT decision
- Review or original application (State Administrative Tribunal): completion guide
- ART certification if the Tribunal requires it
- Request to shorten time for lodging documents (Administrative Review Tribunal)
- Registration and sunsetting check for a legislative instrument
- Complaint to the Commonwealth Ombudsman: preparation guide and complaint summary
- Agency AI transparency statement under the DTA standard: advice note and template for government clients
- Hearing certificate (Administrative Review Tribunal)
- Guidance and Appeals Panel referral request, first instance
- Request for access under the FOI Act (Administrative Review Tribunal)
All precedents for Administrative & Public Law · Tasks and AI use in this area