Artificial Intelligence in Victoria’s Courts and Tribunals: terms of reference

Referral to the Victorian Law Reform Commission pursuant to section 5(1)(a) of the Victorian Law Reform Commission Act 2000.

Opportunities and risks of artificial intelligence in Victoria’s courts and tribunals

Artificial intelligence (AI) tools are rapidly evolving, with their application increasing across society. There is potential for the use of AI in Victoria’s courts and tribunals to improve user experiences and generate efficiencies. The use of AI tools carries both risks and opportunities for fairness, accountability, transparency and privacy as well as improvements to accessibility.

The Victorian Law Reform Commission (the Commission) is asked to make recommendations on legislative reform opportunities and principles to guide the safe use of AI in Victoria’s courts and tribunals.

In developing its recommendations, the Commission should consider:

• opportunities to build on existing legislation, regulations and common law in supporting the use of AI within Victoria’s courts and tribunals;
• the benefits and risks of using AI in Victoria’s courts and tribunals, including risks relating to accountability, privacy, transparency, and the accuracy and security of court records;
• the need to maintain public trust in courts and tribunals, and ensure integrity and fairness in the court system;
• the rapid development of AI technologies and how this may influence the extent to which such technologies should be adopted and regulated, and;
• applications of AI and how it is regulated in comparable jurisdictions and contexts (including work being done to develop a framework for regulating AI at the federal level in Australia) and potential learnings for Victoria.

The Commission is asked to provide principles or guidelines that can be used in the future to assess the suitability of new AI applications in Victoria’s courts and tribunals.

The Commission is to deliver its report to the Attorney-General by 31 October 2025.