We acknowledge that health practitioners are increasingly integrating AI into their professional practices. It is essential to remain aware of the legal implications associated with AI usage and to ensure transparency by clearly disclosing its use in the preparation of notes or reports.
The Supreme Court of NSW has introduced a Generative AI Practice Note and Judicial Guidelines, effective from 3 February 2025. These guidelines stipulate that written submissions to the court, including expert opinions, must include a declaration specifying which, if any, parts of the report were prepared using generative AI.
From the Practice Note:
Expert reports
22. If an expert witness obtains prior leave to use Gen AI for any purpose in preparing an expert report for the Court, the expert witness must:
(a) disclose in the report what part(s) of it was prepared using Gen AI or drawing upon Gen AI produced material and the Gen AI program, (and version) that was used;
(b) keep records and identify in an annexure to the report a record of how the Gen AI tool or program was used (for example any prompts used, any default values used, and any variables set), except where the Court grants leave to dispense with this requirement (for example, where the Court determines this to be voluminous or unnecessary); and
(c) if the use of Gen AI is regulated or addressed by any relevant code of practice or principles that bind or apply to the expert, identify that fact and annex to the report a copy of the relevant code(s) or principle(s).