---
title: "NSW gate before compelled or suppressed material enters a generative AI program"
url: "https://ailawframework.com/precedents/incoming-evidence-deepfakes-and-synthetic-documents/nsw-genai-gate-compelled-material"
type: "precedent"
site: "AI Law Framework"
id: "a44-nsw-genai-gate-compelled-material"
area_id: "A44"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A44-T1-R2", "A44-A20260923-3"]
law_stated_as_at: "2026-10-22"
---

# 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.

Canonical page: https://ailawframework.com/precedents/incoming-evidence-deepfakes-and-synthetic-documents/nsw-genai-gate-compelled-material  
Law stated as at: 2026-10-22

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

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Incoming evidence — deepfakes & synthetic documents](https://ailawframework.com/precedents/incoming-evidence-deepfakes-and-synthetic-documents.md)
- Jurisdictions: New South Wales
- 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 New South Wales.

## 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

- [Flag candidate synthetic or altered items in a production set](https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/flag-candidate-synthetic-or-altered-items-in-a-production-set.md)
- [Build a chain-of-custody log from the capture papers](https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/build-a-chain-of-custody-log-from-the-capture-papers.md)

## 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

## Authorities

- [Supreme Court of New South Wales, Practice Note SC Gen 23, Use of Generative Artificial Intelligence (Gen AI), 28 January 2025, paragraphs 6 to 9B](https://supremecourt.nsw.gov.au/content/dam/dcj/ctsd/supreme-court/documents/Practice-and-Procedure/Practice-Notes/general/current/PN_SC_Gen_23.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/incoming-evidence-deepfakes-and-synthetic-documents/nsw-genai-gate-compelled-material 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.*