Supreme Court Issues Guidelines for the Use of Generative AI
Courts Administration Authority
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Details
- Date Published
- 19 Jan 2026
- Priority Score
- 4
- Australian
- Yes
- Created
- 21 Jan 2026, 06:15 am
Description
The Courts Administration Authority (CAA) administers justice on behalf of the people of South Australia. It is independent of the legislative and executive arms of government and is the means by which the judiciary of the state controls the administration of courts through which judicial power is exercised.
Summary
The Supreme Court of South Australia has published guidelines for the ethical and responsible use of Generative AI within its judicial processes, affecting various courts within the state. These guidelines, developed following extensive consultation, aim to ensure the proper use of AI technologies while recognizing potential risks associated with AI in litigation. By addressing both ethical considerations and practical applications, the court seeks to leverage AI for cost savings and improved access to justice. This initiative may set a precedent for AI governance in legal systems worldwide and highlights the unique considerations needed for integrating AI into judicial practices.
Body
In May 2025 the Chief Justice of South Australia launched a survey and invited submissions about the use of Generative AI (Gen AI) in Courts.Following consultation with the broader profession, the Judges of the Supreme Court have approved guidelines for the use of Gen AI. The guidelines have been adopted from 1 January 2026 and will shortly be given force under Rules of the Court that apply to practitioners and litigants.The guidelines will apply to proceedings in the Supreme Court, District Court, Magistrates Court, Youth Court, Environment, Resources and Development Court and the Court of Disputed Returns.The guidelines are comprehensive and give examples of ethical and responsible use of AI, and improper use of AI. They encourage practitioners and litigants to consider the use of AI ethically and responsibly.The Court envisages that AI, when used correctly, has the potential to change the way court cases are heard and determined in many ways, leading to cost savings and making access to justice more affordable for all.However, in recognition of the risks associated with the use of AI in litigation, the guidelines provide practical guidance on how practitioners and litigants can ensure that they continue to meet their obligations.The Court has also prepared additional guidance for self-represented litigants to assist them in the use of AI.Generative AI GuidelinesGen AI Information Sheet for Self-Represented Litigants