First inquiry on courts’ AI use by Australian law reform body led to 30 recommendations
In a report recently tabled in Parliament, the Victorian Law Reform Commission (VLRC) recommended principles and guidelines to promote the safe utilisation of artificial intelligence (AI) tools in the state’s courts and tribunals and to help maintain public trust within the justice system.
Among the 30 recommendations in its report, VLRC specifically urged Victoria’s courts to take a principles-based regulatory approach focusing on guidelines and education.
Anthony North, VLRC chair, accepted AI’s potential to improve court services and promote access to justice. However, he acknowledged the substantial risks associated with AI use.
“There are issues with the security and privacy of information used in AI tools,” North said in VLRC’s news release. “We have also seen a growing number of cases where inaccurate or made-up AI-generated content has been submitted to courts.”
To respond to AI’s risks and its swiftly evolving nature, VLRC recommended:
In its news release, VLRC acknowledged AI’s potential to support judges. However, VLRC emphasised that judicial decision-making should not utilise AI, given the 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,” North said.
VLRC shared that its report titled “Artificial Intelligence in Victoria’s Courts and Tribunals” followed the first inquiry into AI use in courts by a law reform body in Australia.
During its inquiry, VLRC accepted nearly 30 submissions and conducted almost 50 consultations with lawyers, courts, human rights organisations, community legal centres, technology-centred entities, and other individuals and organisations.
VLRC’s news release noted that users of courts and tribunals are increasingly utilising AI. VLRC added that more than a third of surveyed lawyers, experts, and self-represented litigants in Victoria have used AI in courts and tribunals.
VLRC stressed that AI utilisation in the state’s courts and the Victorian Civil and Administrative Tribunal (VCAT) is at an early stage.
VLRC shared that some ongoing pilots aim to enhance transcription, legal research, documentary review, the removal of distressing images to minimise judicial staff’s vicarious trauma, and other court services.
Given the continuing evolution of AI and its use, VLRC said it singled out specific areas potentially requiring future reform. VLRC called for the ongoing monitoring of emerging issues, including the relevant administrative law and evidentiary rules.
