The Chief Justice of NSW has issued Practice Note SC Gen 23 – Use of Generative Artificial
Intelligence (Generative AI) on 21 November 2024 that will commence on 3 February.
Generative AI (Gen AI) refers to a type of artificial intelligence that can generate new content, such as text, images, or sounds, by analyzing patterns and data collected from a body of training material. This training material can include information sourced from both publicly and privately available text to develop large language models.
Generative AI (Gen AI) includes both generic large language models (e.g., Chat-GPT, Google Bard) and specialised tools for legal professionals (e.g., Lexis Advance AI, Westlaw Precision).
Gen AI can assist legal practitioners and unrepresented individuals with tasks such as document drafting and information summarisation, but this Practice Note outlines permissible applications.
Gen AI does not cover essential functions like spell-checking, transcription, or generating timelines from original documents.
This note does not restrict the use of search engines that provide lists of websites or dedicated legal research software.
Legal users should be aware of the limitations of Gen AI, including the risks of inaccuracies, reliance on underlying data quality, potential biases, privacy concerns, and copyright issues.
Due to the rapidly developing Due to the nature of Gen AI, the Supreme Court of New South Wales will periodically review this Practice Note.
Source: Supreme Court of NSW
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