Artificial Intelligence in Victoria’s Courts and Tribunals: Consultation Paper

1. Introduction

1.1 The Victorian Law Reform Commission has been asked to make recommendations on legislative reform and principles to guide the safe use of artificial intelligence (AI) in Victoria’s courts and tribunals. This includes principles or guidelines that can be used in the future to assess the suitability of new AI applications in Victoria’s courts and tribunals.

1.2 The Commission will report to the Attorney-General by 31 October 2025.

Our focus

1.3 AI systems and tools are rapidly evolving and increasingly used across society. The scope of this review is limited to the use of AI in Victoria’s courts and tribunals.

1.4 We have been asked to focus on:

• 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 materials;

• the need to maintain public trust in courts and tribunals, and ensure integrity and fairness in the court and tribunal 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.

For the complete terms of reference see page v.

1.5 The scope of this review includes use of AI by courts and tribunals (including judicial officials, tribunal members and staff working for courts and tribunals), legal professionals and court users. Our scope also includes court functions ranging from automated administrative tasks through to judicial decision-making.

1.6 We want to hear your views about the use of AI in Victoria’s courts and tribunals, including risks and opportunities. We also want to hear about how to ensure safe and effective use.

Guide to the issues paper

1.7 People have different views about the issues, opportunities and risks of using AI in Victorian courts and tribunals. These views may differ based on how and when AI is used, and who uses it. You may wish to consider all the issues raised in the issues paper or focus on particular areas.

Figure 1: Overview of this issues paper

How to tell us your views

1.8 We are seeking written submissions that respond to our terms of reference. We will publish submissions on our website, unless you request the submission remains confidential.

1.9 We encourage you to use the questions raised in this issues paper to guide your response (see page vi). You may choose to answer some or all of the questions.

1.10 We will consider the responses we receive together with our own research. We will undertake further consultation after we have received and considered written submissions.

1.11 Please make your submission by 12 December 2024. You can provide your

submission by:

email: artificial.intelligence@lawreform.vic.gov.au

via a form on our website: lawreform.vic.gov.au/submissions

mail: GPO Box 4637, Melbourne, Victoria 3001