Policy · Native Title & First Nations Legal Work

Indigenous Cultural and Intellectual Property (ICIP) and data sovereignty protocol for AI use

Original firm protocol that controls AI use on First Nations matters: free, prior and informed consent, a bar on restricted and sacred knowledge entering AI tools, no vendor training, community control of data and outputs, and records of cultural authority.

Kind
Policy. A policy or procedure for a firm or client.
Where it applies
Australia
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
17 October 2026
Status
Maintained. Checked on 17 October 2026 against the 7 authorities it cites, for Australia.
Version
1
Source
Written for this library

When to use it

Adopt firm-wide before any AI tool is used on native title, cultural heritage or other matters involving Aboriginal and Torres Strait Islander clients' knowledge, language, images or data. Adapt it with the community or organisation you act for; their own protocols prevail.

How AI may be used

AI may help structure the protocol and staff training material, but its rules must be settled with the community or organisation the firm acts for. Under the protocol, AI use on First Nations matters needs recorded free, prior and informed consent and never extends to restricted knowledge.

AI may

  • Draft the structure, staff checklists and training scenarios for review by the responsible lawyer and community representatives
  • Produce plain-language summaries of the protocol for clients, for checking
  • Maintain the AI use and consent register from completed consent forms

AI must not

  • Must not generate stories, songs, designs, language translations or other cultural expressions, or present output as traditional knowledge
  • Must not be given secret, sacred, gender-restricted or mourning-restricted material, or names and images of deceased persons where protocols restrict them
  • Must not be used with any tool whose terms allow training on inputs or retention outside the agreed jurisdiction

The lawyer checks

  • The community or organisation has reviewed and agreed the protocol, or its own protocol is adopted instead
  • Consent records identify who gave consent, under what decision-making process, for which materials, tools and purposes
  • Vendor terms are checked for training, storage location, retention and deletion
  • Staff have completed cultural competence and protocol training before working on the matter

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

Authorities

Official form

Open the official form. Always use the current version from the issuer.

Read the full text

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