AI Decision-Making and the Courts: a guide for Judges, Tribunal Members and Court Administrators

Professor Lyria Bennett Moses (Director - Allens Hub for Technology, Law and Innovation, Faculty of Law & Justice, UNSW), Dr Monika Zalnieriute (Senior Lecturer, Faculty of Law & Justice, UNSW), Professor Michael Legg (Director - The Law Society of NSW Future of Law and Innovation in the Profession (FLIP) research stream, Faculty of Law & Justice, UNSW), Dr Felicity Bell (Research Fellow, FLIP research stream, Faculty of Law & Justice, UNSW) and Jake Silove (Lawyer, Australian Government Solicitor)2022

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This timely report presents an overview of various AI and decision-making tools and raises the possible challenges and opportunities they present for our courts and tribunals.

Through survey analysis and virtual roundtable discussions with AIJA members, the research team identified the primary interest areas of judges, tribunal members and court administrators, raising important questions which should be asked when using AI.

The report provides different areas where AI can be used as well as how such tools can impact core judicial values of open justice, accountability and equality before the law, procedural fairness, access to justice, and efficiency. It poses questions to be considered by court managers and administers, judges, and tribunal members when contemplating the use of these technologies.

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