---
title: "FCFCOA restricted information and GenAI tools"
url: "https://ailawframework.com/precedents/family-law/fcfcoa-restricted-information"
type: "precedent"
site: "AI Law Framework"
id: "a16-fcfcoa-restricted-information"
area_id: "A16"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A16-B1-1", "A16-B6-2"]
law_stated_as_at: "2026-10-22"
---

# FCFCOA restricted information and GenAI tools

> Paragraph 5.5 limits what may be entered into a GenAI tool: material from production, disclosure, discovery, subpoena, or a suppression or statutory prohibition, unless three conditions are met.…

Canonical page: https://ailawframework.com/precedents/family-law/fcfcoa-restricted-information  
Law stated as at: 2026-10-22

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

Paragraph 5.5 limits what may be entered into a GenAI tool: material from production, disclosure, discovery, subpoena, or a suppression or statutory prohibition, unless three conditions are met. Family law publication limits sit in paragraph 5.2.

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Family Law](https://ailawframework.com/precedents/family-law.md)
- Jurisdictions: Australia, Commonwealth
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- 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 before any court document, subpoenaed material, disclosure or discovery, or information about a family law proceeding, is entered into a GenAI tool for a proceeding in the Federal Circuit and Family Court of Australia.

## Used for these tasks

- [Check an FCFCOA filing against PD-AI](https://ailawframework.com/practice/family-law/check-an-fcfcoa-filing-against-pd-ai.md)
- [Comply with FCFCOA PD-AI when preparing documents](https://ailawframework.com/practice/family-law/comply-with-fcfcoa-pd-ai-when-preparing-documents.md)

## How AI may be used

AI may list the class of document proposed to be entered. The lawyer decides whether paragraph 5.5 is satisfied. A wrong entry can publish family law information.

**AI may:**

- List the document and which paragraph 5.5 class it falls into
- Record whether the tool is a closed environment and whether training and third-party access are excluded

**AI must not:**

- Must not enter production, disclosure, discovery, subpoenaed, suppressed or prohibited material unless all three paragraph 5.5 conditions are met
- Must not put confidential or sensitive information into a public tool
- Must not assume a paid or closed tool meets paragraph 5.5. The direction says the assurance may not be available
- Must not draft around the family law publication offence. The section number was not in the body that was read

**The lawyer checks:**

- The three paragraph 5.5 conditions are each true of the tool that will be used
- Chat history and web search are disabled if the tool allows it, as paragraph 5.4 requires
- Paragraph 5.2 is considered before any account of a family law proceeding is placed in a tool
- Paragraph 5.6 is considered before any recording or transcription tool is used in court. The rules of court were not opened

## Authorities

- [Federal Circuit and Family Court of Australia, Practice Direction: Use of Artificial Intelligence, Part 5, issued 29 May 2026](https://www.fcfcoa.gov.au/pd/pd-ai)

## 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/family-law/fcfcoa-restricted-information 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.*