NSW’s Chief Justice Andrew Bell has issued a sharp warning about the risks of AI in the state’s legal system.

With new restrictions coming into effect this week, Bell says judgment should remain a human task. 

“If that were to be abdicated to machines, a very important part of our democratic fabric would be lost,” he has told the ABC.

The new rules impose a partial ban on generative AI, prohibiting its use in drafting key legal documents like affidavits, witness statements, and character references. 

Lawyers and unrepresented litigants are also barred from using AI to alter or embellish evidence. However, AI can still assist with written submissions - if all citations are checked for accuracy.

Chief Justice Bell has described the Supreme Court’s stance as “hard and conservative”, driven by concerns about big tech’s influence over AI systems. 

“The power of those who control big tech and the ability to influence what underlying data is and is not included in the system causes me to think that we should be cautious,” he said.

After feedback from legal professionals, NSW’s initial blanket ban on feeding sensitive information into AI systems was relaxed. Now, such data can be used with bespoke AI tools under strict privacy conditions.

A recent NSW case saw a solicitor referred to the Legal Services Commissioner after filing court documents with fake references generated by ChatGPT.

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