Checklist · Incoming evidence — deepfakes & synthetic documents

NSW gate before compelled or suppressed material enters a generative AI program

A gate, under Supreme Court Practice Note SC Gen 23 paragraph 9A, before subpoenaed, suppressed, or compulsion material is entered into any generative AI program, including a closed one.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
New South Wales
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the authority it cites, for New South Wales.
Version
1
Source
Written for this library

When to use it

Use before a New South Wales proceeding's subpoena material, suppressed material, or other material produced under compulsion is entered into a generative AI program. It is not a log of candidate files and it is not limited to public tools.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may list the lawyer's marks for subpoena, suppression, and compulsion; the lawyer decides whether paragraph 9A is satisfied before any program is used.

AI may

  • List documents the lawyer has marked as produced on subpoena or as subject to a suppression or non-publication order
  • Record the platform name the lawyer is considering, without sending it the document

AI must not

  • Must not enter the material into a generative AI program
  • Must not treat a closed or paid program as outside paragraph 9A
  • Must not decide that the confidentiality conditions are satisfied

The lawyer checks

  • Each of paragraphs 9A(a), 9A(b) and 9A(c) is addressed before any entry, or the material is not entered
  • The satisfaction is the lawyer's, or that of the person responsible for the conduct of the proceeding
  • A use allowed by paragraph 9B is still refused where paragraph 9A is not satisfied

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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