The Supreme Court has issued a Practice Note for Court users and Judicial Guidelines for Judicial Officers on the use of Artificial Intelligence (AI).
The Supreme Court has issued a Practice Note for Court users and Judicial Guidelines for Judicial Officers on the use of Artificial Intelligence (AI) - continuing its leadership in supporting the appropriate and innovative use of the technology.
The Practice Note recognises the potential of AI to enhance access to justice. It allows its use, while detailing the risks Court users should be aware of when using AI to prepare Court documents, and the steps they should take to ensure that information is complete, accurate, and relevant to the case.
“Court users are responsible for the content of their Court documents. This is the case whether or not a Court user has utilised AI”, the Practice Note states.
“Court users should be aware that filing a Court document which contains inaccuracies could result in costs orders.”
The Practice Note also outlines privacy matters to be considered when using various types of AI tools and the potential sanctions for legal practitioners who rely on unverified AI outputs.
The Judicial Guidelines make it clear that generative AI must not be used for judicial decision-making but Court-approved AI tools may be used to assist Judicial Officers and Court staff.
“Permissible supportive uses of AI include using it to organise and locate case materials, produce summaries and chronologies from case materials, as an aid to legal research and for proof-reading”, the Guidelines state.
“These uses are not a substitute for reading and/or listening to evidence and submissions, or fact finding when that is called for in judicial decision-making.”
“Judicial Officers consider each matter that comes before them and exercise their judgment to reach a decision and, where appropriate, provide reasons for that decision.”
In 2024, the Court was one of the first jurisdictions in Australia to develop AI guidelines. These new documents have been designed to further clarify the use of this emerging technology following the Review conducted by the Victorian Law Reform Commission.
Chief Justice Richard Niall said the Practice Note and Judicial Guidelines were a key part in mitigating the actual and perceived risks of AI use.
“We have consistently said that any use of AI will be an aid to, not a replacement of, judicial decision-making, and the new guidelines cement that”, Chief Justice Niall said.
“AI is an evolving technology, and we will continue to adapt our practice to ensure we remain at the forefront of its use in Courts and by Court users without sacrificing impartiality, privacy, accountability and fairness.”
Listen to the Chief Justice speak about AI on the Law Institute of Victoria’s podcast