VLRC recommends guidelines for the safe use of AI in Victoria’s courts and tribunals

The Victorian Law Reform Commission has recommended principles and guidelines to support the safe use of AI in Victoria’s courts and tribunals.

The Artificial Intelligence in Victoria’s Courts and Tribunals report, tabled in Parliament yesterday, is the first inquiry by an Australian law reform body into the use of AI in courts.

The Commission has recommended that Victoria’s courts adopt a principles-based regulatory approach focused on guidelines and education.

It makes 30 recommendations to guide the safe use of AI and help preserve public trust in the justice system.

People are increasingly using AI in courts and tribunals, including over a third of Victorian lawyers, as well as some experts and self-represented litigants. The use of AI by Victoria’s courts and VCAT is at an early stage, with some pilots underway to help improve court services, including for transcription, legal research, reviewing documents and removing distressing images to reduce vicarious trauma for court staff.

VLRC Chair, the Hon. Anthony North KC said that “AI can support more efficient court services and greater access to justice but there are significant risks”.

“There are issues with the security and privacy of information used in AI tools. We have also seen a growing number of cases where inaccurate or made-up AI-generated content has been submitted to courts.” Mr North said.

In response to these risks, and considering the rapidly changing nature of AI, the Commission has recommended:

• Eight principles to guide the safe use of AI in courts and tribunals.
• Guidelines for court users, judicial officers and staff on implementing the principles.
• Prohibition of the use of AI for judicial decision-making.
• Governance processes including an AI assurance framework to assess and monitor new AI uses.
• Training and education for lawyers, judicial officers and the public to increase awareness about AI guidelines and promote the safe use of AI.

While AI tools can support judges, it is important they are not used for judicial decision-making because of risks to judicial independence and confidence in the administration of justice.

“To support public trust, we recommend that judicial guidelines prohibit the use of AI tools for judicial decision-making,” Mr North said.

With AI technology and its use in courts still evolving, the Commission has not recommended legislative reform but has identified areas that might require reform in future. Ongoing monitoring of emerging issues, including the laws of evidence and administrative law is recommended.

During the inquiry, the Commission received 29 submissions and held 49 consultations with individuals and organisations. Including courts, lawyers, human rights organisations, community legal centres and technology-focused organisations.

Read the report here

For more information or an interview with the Hon. Anthony North KC please contact:

Victoria Kyriakopoulos, Communications & Publications Manager

Tel: (03) 8608 7824 | Mob: 0408 518 681 Email: Victoria.Kyriakopoulos@lawreform.vic.gov.au