Use of Artificial Intelligence in PPV proceedings

Background

PPV acknowledges the growing availability and use of Gen AI tools in PPV proceedings. While PPV does not seek to discourage the use of AI tools, their use must be carefully considered, and the use of Gen AI tools in material tabled in proceedings must be disclosed.

What is Gen AI?

Gen AI is a form of artificial intelligence capable of creating new content that includes information obtained from publicly and privately available text sources. Gen AI’s ability to create content is based on a body of ‘training material’, which it iteratively builds as the model is used.

Examples of Gen AI programs include large language models such as ChatGPT, Microsoft Copilot, Claude, Grok, and Google Gemini. There are also other bespoke programs available.

How to apply this Practice Note

This Practice Note applies to both closed-source and open-source large language model Gen AI.

This Practice Note does not apply to technology or functionality which does not generate substantive content, including:

search engines such as Google, Yahoo or Duck Duck Go that merely produce a list of search results (but no personalised or editorial content such as that produced by inbuilt AI programs like Google Gemini)
spelling or grammar correction tools
document formatting, proofreading, accessibility and administrative functions that do not generate substantive content
transcription or translation tools
legal research tools that conduct searches across legislation, judgments or decisions of courts or tribunals, and/or books or articles written for a legal audience (for example, AustLii).

A Panel may issue directions regarding the use of AI in a proceeding where necessary to ensure procedural fairness, confidentiality or the integrity of the process.

Limitations of Gen AI

Gen AI tools, while helpful, have significant limitations, including:

the quality of the training material on which they rely, which may influence its capabilities and background knowledge, and can contain misinformation, or irrelevant, selective or incomplete data
generating inaccurate, false or misleading information that appears factual
generating biased material
generating material that is influenced by prompts and inputs from other users.

The use of Gen AI may also:

breach confidentiality, privacy and data security
breach or waive legal professional privilege
breach copyright.

Why is guidance needed?

PPV’s assessment processes include allowing and giving weight to submissions and evidence and rely on accurate information being presented to PPV. Relying on a document which contains incorrect, irrelevant, or non-existent AI-generated content potentially undermines the integrity of PPV’s processes and ultimately could harm public confidence in PPV’s processes.

It may also result in consequences for parties, including PPV not placing significant weight on submissions or evidence if there is any doubt as to whether the content is accurate and reliable.

Use of Gen AI by participants in PPV processes

Any person filing a document with PPV or otherwise relying on a document’s contents in a PPV proceeding, remains responsible for the accuracy of the content. This responsibility applies whether or not AI was used in preparing the material.

Content produced using AI must be independently reviewed and verified before being filed with or presented to PPV.

Verification must involve reference to original source material and independent fact-checking. Verification is not satisfied merely by asking another AI system, or the same AI system, to confirm the accuracy of AI-generated content.

Participants must not mislead PPV, Panel Members or other participants regarding the nature of work undertaken by a Gen AI tool or the extent of human involvement in preparing any document.

PPV may direct a participant to provide further information regarding the use of Gen AI in the preparation of any document, including identification of the portions produced using Gen AI and the steps taken to verify accuracy.

Disclosure of Gen AI use assists PPV to understand the provenance of material relied upon in a proceeding and to assess its reliability where necessary. Disclosure does not, of itself, affect the weight to be given to a document, submission or expert report.

Experts

PPV Practice Note 01 - Expert Evidence requires an expert statement to identify other contributors to the statement and their expertise.

Gen AI may assist in the preparation of an expert report but must not be used to generate the expert's opinion or professional conclusions.

Experts must ensure that evidence filed in accordance with PPV Practice Note 01includes:

an explanation of what parts of the document (if any) have been produced using Gen AI
how Gen AI was used
confirmation that the content has been checked for accuracy by the expert
a declaration that the contents of the document reflect the expert’s own opinions and professional judgement.

Advocates

A lawyer or other professional appearing on behalf of another person in a PPV proceeding must include a statement addressing the following in any document filed with PPV:

an explanation of what parts of the document (if any) have been produced using Gen AI, and how Gen AI was used
confirmation that any case law, VCAT decisions or PPV reports referred to in the filed document exist, have been accurately cited and are relevant to the proceeding
confirmation that the content of the document filed has been checked by the advocate for accuracy.

The use of AI does not diminish an advocate's professional obligations, including duties of competence, diligence and accuracy.

Submitters

A submitter must include a statement addressing the following in any document filed with PPV:

an explanation of what parts of the document (if any) have been produced using Gen AI, and how Gen AI was used
confirmation that the content has been checked by the submitter for accuracy.

Information not in the public domain

Confidential or non-public information must not be entered into publicly available AI tools unless appropriate authorisation and safeguards are in place.

This includes:

the names and contact details of other parties to a PPV proceeding
addresses or contact details of any submitters
any material which PPV has ruled is confidential.

Page last updated: 21/09/26