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From hallucinations to High Court: Can AI administer justice?
SMH print on Tue 16 Sep, but showing as "3 days ago" on Google Search
https://www.smh.com.au/technology/from-hallucinations-to-high-court-can-ai-deliver-justice-20250909-p5mtpi.html
[ Useful article.
[ But paywalled.
[ I posted a previous report on the Vic case:
Subject: Info Age: 'First Australian lawyer penalised for AI blunder'
Date: Thu, 4 Sep 2025 17:21:24 +1000
[ It was interesting to line the situation up with the 50
Meta-Principles, which were published in CLSR fully 6 years back. See
below.
[ I don't detect any need for amendments to the meta-principles.
[ Having them pinned up on wall might well have helped prevent the legal
nonsenses that have come to light so far.
[ And the 50 are readily used as a basis for customising guidance for a
wide variety of circumstances in which harmful blunders are being made.
https://rogerclarke.com/EC/AIP.html (the full article, c.200 citations)
https://rogerclarke.com/EC/RAIC.html#PRAI (modest revision, 2020)
1. Assess Positive and Negative Impacts and Implications
1.1 Conceive and design only after ensuring adequate understanding of
purposes and contexts
2. Complement Humans
2.1 Design as an aid, for augmentation, collaboration and inter-operability
2.2 Avoid design for replacement of people by independent artefacts or
systems, except in circumstances in which those artefacts or systems are
demonstrably more capable than people, and even then ensuring that the
result is complementary to human capabilities
3. Ensure Human Control
3.1 Ensure human control over AI-based technology, artefacts and systems
3.2 In particular, ensure human control over autonomous behaviour of
AI-based technology, artefacts and systems
4. Ensure Human Safety and Wellbeing
4.4 Implement safeguards to avoid, prevent and mitigate negative impacts
and implications
4.5 Avoid violation of trust
6. Deliver Transparency and Auditability
6.1 Ensure that the fact that a process is AI-based is transparent to
all stakeholders
6.2 Ensure that data provenance, and the means whereby inferences are
drawn from it, decisions are made, and actions are taken, are logged and
can be reconstructed
6.3 Ensure that people are aware of inferences, decisions and actions
that affect them, and have access to humanly-understandable explanations
of how they came about
7. Embed Quality Assurance
7.2 Ensure data quality and data relevance
7.7 Test result validity, and address the problems that are detected
7.8 Impose controls in order to ensure that the safeguards are in place
and effective
7.9 Conduct audits of safeguards and controls
9. Ensure Accountability for Obligations
9.2 Ensure that effective remedies exist, in the form of complaints
processes, appeals processes, and redress where harmful errors have occurred
--
Roger Clarke mailto:[email protected]
T: +61 2 6288 6916 http://www.xamax.com.au http://www.rogerclarke.com
Xamax Consultancy Pty Ltd 78 Sidaway St, Chapman ACT 2611 AUSTRALIA
Visiting Professorial Fellow UNSW Law & Justice
Visiting Professor in Computer Science Australian National University
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