Australia's Administrative Review Tribunal Sets Formal Rules for Generative AI in Legal Proceedings

Australia's Administrative Review Tribunal has published a formal practice direction governing how generative AI may be used in its proceedings, including an optional compliance checklist for tribunal users. The direction was signed by tribunal president Emilios Kyrou on August 20, 2026, and adapted from the Federal Court of Australia's GenAI practice note published in April 2026.

The tribunal's guidance sets out specific expectations for anyone using generative AI in connection with its proceedings: users must understand the tool's capabilities and limitations, ensure AI use does not adversely affect the administration of justice, disclose use when required, verify AI-generated material, and not rely solely on AI to verify its own output.

Key Takeaways

• Regulatory exposure for professionals: If a legal or other professional representative's genAI use may breach a professional obligation, the tribunal may refer the matter to an appropriate regulatory body, separate from any evidentiary consequences for the party.
• Range of noncompliance consequences: The tribunal can order correction or withdrawal of affected material, reduce or eliminate evidentiary weight of AI-assisted material, and require hearings or explanations if noncompliance affected reliability.
• Part of a national pattern: The ART direction follows similar practice notes from the Victorian County Court (June 2026), the Federal Circuit and Family Court of Australia (May 2026), and the Supreme Court of Victoria (May 2026), indicating coordinated AI governance across Australia's court system.

The direction complements the tribunal's 2026 practice directions on common procedures and expert evidence. Businesses and legal teams operating in Australia's administrative review system should review the new requirements before submitting AI-assisted materials to proceedings.

Read the full article on Australasian Lawyer