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AI and Expert Reports Victoria and NSW 2026
Kelvin Genn Kelvin Genn

AI and Expert Reports Victoria and NSW 2026

The reliability of AI is a central legal concern, particularly under Section 79 of the Victorian Evidence Act, which requires expert opinion to be based on verifiable specialised knowledge. Ethical considerations focus on the "Common Good" and the dangers of opaque algorithms (the "Black Box") eroding accountability. To ensure reliability, experts must act as technical gatekeepers, prioritising transparent error rates and "meaningful human control" to prevent AI hallucinations. In Victoria, judges have adopted Practice Note requirements as pre-trial filters to serve as primary gatekeepers against automated error.

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