LAND LEASE COMMUNITY NEWS

NCAT’s procedural direction about Generative AI

01/09/2026

In April 2025 the NSW Civil and Administrative Tribunal (NCAT) developed its own Procedural Direction regarding the use of Generative AI. The NCAT direction draws from Supreme Court Practice Note Gen 23 and is applicable to all Tribunal proceedings from its commencement date.

The Tribunal does not ban the use of AI in full but does put restrictions on how it can be used, particularly where it is producing what may be evidence in a case. This includes statutory declarations, witness statements, expert evidence or reports. NCAT permits the use generally where AI is helping organise information, so long as personal or private information, including the other parties, is held securely. For anyone using it in the permissible ways, it is important that people review both the guidelines and the material produced carefully before use, and double checking before submitting what AI might have created. 

NCAT’s direction states leave can be sought to use generative AI in exceptional circumstances or in some types of written summaries or submissions. Seeking leave and/or following the requisite conditions of NCAT might be more onerous than beneficial.

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This article was originally published in Outasite Lite 53.