Good governance is crucial to progress, the Chief Justice has told an LIV forum on AI.
Chief Justice Richard Niall said that while some see frameworks and rules as a handbrake on innovation, they support the foundation of trust that the legal industry is built on.
“The relationship between client and lawyer is an intrinsically human one and one built on trust,” he said.
“The Courts also require the trust and confidence of the community they serve.
“The rise and rise of AI should make us reflect on our role and function so that AI becomes part of, but does not overtake, our professional lives.
“AI will improve access to information, and make it available in a very useful form, but AI is not a substitute for human judgment.
“When AI is given past decisions and judgments to work from it can reflect these in its output. But that process mimics – it is not equal to – ethical human judgment in the application of the law to individual cases.”
The Victorian Justice Leaders AI forum on May 26 brought together those from across the legal community, including regulators, private practice, public sector, and technology providers, to discuss the challenges and opportunities presented by AI and generate actionable ideas.
Chief Justice Niall said Courts Council, which comprises the heads of jurisdiction and two independent non-judicial members, had established an AI Committee to create a framework for the acquisition and deployment of AI.
“Our belief and expectation is that a court-centred framework will best protect the unique features of the judicial system while driving innovation,” he said.
The framework development follows the release of the Supreme Court’s Practice Note and Judicial Guidelines for use of AI.
“The Court recognises the important of good governance of emerging technology and of updating guidance and parameters as required,” Chief Justice Niall said.
“We hope that setting out the Court’s approach to the use of AI, and our requirements and expectations of Court users, will continue to increase confidence in the technology and its appropriate use.”