Preface

The use of artificial intelligence (AI) in courts and tribunals is at an early stage but will advance rapidly. Since we started this review in May 2024, we have already seen significant developments in AI technology and increased use in courts and tribunals. This raises potential opportunities and risks for courts and tribunals, as well as people interacting with the justice system.

Often our projects involve recommending law reform for existing legal issues. In contrast, this inquiry was forward-looking and required us to anticipate how AI will be used in courts and tribunals and identify emerging issues. The rapidly changing technology, evolving regulatory landscape and breadth of issues added to the challenge of this inquiry.

The use of AI in courts and tribunals has raised a broad range of complex issues. We have made recommendations in this report based on our current knowledge and understanding of AI and its use in courts and tribunals. The recommendations primarily focus on principles and guidelines to help preserve public trust and guide the safe use of AI in Victoria’s courts and the Victorian Civil and Administrative Tribunal (VCAT).

We also identify emerging issues that may require law reform over time. The extent of future reform will become clearer as AI evolves, issues crystallise and the capacity for the existing legal system to respond is assessed. The broader regulatory environment will also shape future legislative responses.

We were pleased with the high level of engagement during our extensive consultation process. We are grateful for contributions from across courts and VCAT, the Coronial Council, prosecutorial bodies, lawyers, academics, peak organisations such as the Law Institute of Victoria and the Victorian Bar Association, community legal centres and the many others who contributed to this inquiry. We also thank the Victorian Legal Services Board and Commissioner for including a focus on AI in the 2025 Victorian Lawyer Census and making the findings available to us.

Due to the technical nature of the report, we were assisted by a range of experts. We are grateful for the contributions and expertise of our Expert Group members from the ARC Centre of Excellence for Automated Decision-Making and Society, advice from Emeritus Professor Tania Sourdin, as well as insights from Professor Jeannie Paterson.

This report is the product of many people. We thank team leader Kathryn Terry and researchers Emily Clark, Dr Jen Tsen Kwok, Rachel Liebhaber and Dr Florence Seow for their diligent work. We also thank Commissioners Kathleen Foley SC, Professor Bernadette McSherry, Dan Nicholson and former Commissioners Liana Buchanan, Gemma Varley PSM and Dr Vivian Waller for their constructive contribution and feedback. Our work was greatly assisted by their invaluable experience and collegiate approach to this inquiry.

We also thank CEO Merrin Mason PSM for her steady counsel and administration of the project, Victoria Kyriakopoulos and Natalie Young for their excellent communications and editorial assistance, and the administrative team Monika George, Jeniffer Joyner, Srichi Sundaram and Emma Zanaty for their support.

The Hon. Anthony North KC

Chair

Victorian Law Reform Commission

The Hon. Jennifer Coate AO

Acting Chair (31 January 2024 – 31 March 2025)

Victorian Law Reform Commission