---
title: "ART disclosure where Generative AI touches evidence"
url: "https://ailawframework.com/precedents/administrative-and-public-law/art-evidence-disclosure"
type: "precedent"
site: "AI Law Framework"
id: "a31-art-evidence-disclosure"
area_id: "A31"
kind: "checklist"
ai_level: "red"
version: 1
task_ids: ["A31-B6-1", "J-CTH-F20260922-1"]
law_stated_as_at: "2026-10-22"
---

# 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.…

Canonical page: https://ailawframework.com/precedents/administrative-and-public-law/art-evidence-disclosure  
Law stated as at: 2026-10-22

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

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.

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Administrative & Public Law](https://ailawframework.com/precedents/administrative-and-public-law.md)
- Jurisdictions: Australia, Commonwealth
- AI level: 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: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the authority it cites, for Australia and Commonwealth.

## 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](https://ailawframework.com/practice/administrative-and-public-law/prepare-a-tribunal-submission-compliant-with-the-art-gen-ai-practice-dir.md)
- [Verify and disclose generative AI in a tribunal document](https://ailawframework.com/practice/administrative-and-public-law/verify-and-disclose-generative-ai-in-a-tribunal-document.md)

## 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

## Authorities

- [Administrative Review Tribunal (Use of Generative AI) Practice Direction 2026, paragraphs 3.8 to 3.16](https://www.art.gov.au/sites/default/files/2026-08/Administrative%20Review%20Tribunal%20%28Generative%20AI%29%20Practice%20Direction.pdf)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/administrative-and-public-law/art-evidence-disclosure and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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