Firm-wide obligation

AI decision systems

Identify the decision, affected people and consequences before deploying an automated system. Review evidence of performance, possible discriminatory effects, privacy requirements and a workable route for human intervention.

Key facts

Tasks covered
4
Tasks with a step-by-step checklist
1
Local differences
2 jurisdictions where this area changes

Jurisdiction

Tasks

GreenLawyer reviewYellowClose supervisionRedLawyer-led

Tasks in AI decision systems
TaskHow AI is usedHuman involvementWhat the lawyer must review
Map automated decisions that affect individuals in the firm's or client's systemStart this taskSee suggested levelsFrom the system description, list decisions, personal-information inputs, whether a human can override, and what the privacy notice currently says.RedLawyer-led
  • Confirm a human-override path and a notice exist before the system goes live
  • Confirm the current privacy and anti-discrimination rules
Build a legal-risk table for a client's AI systemStart this taskSee suggested levelsFrom the system papers, list candidate privacy, consumer, discrimination and sector issues with the documents that support each row.YellowClose supervision
  • Assess each issue against current law
  • Do not treat a generated 'high risk' label as the advice
Draft a privacy-impact or algorithmic-impact assessment for the systemStart this taskSee suggested levelsStructure an impact assessment from the system description: flows, affected people, risks, mitigations and sign-off questions.YellowClose supervision
  • Check the flow map matches the actual system
  • Do not sign off a generic template
Compare the system's outputs on a test set for disparate resultsStart this taskSee suggested levelsFrom a lawyer-approved test set, tabulate outcomes by the attributes the lawyer has listed and mark unexplained differences.YellowClose supervision
  • Treat differences as a reason to enquire, not a discrimination finding
  • Handle protected attributes lawfully

Precedents for this area

  • Law firm AI use policy (master firm policy) (Policy, AI use Yellow). The master AI use policy for an Australian law practice: governance, approved tools, information classes, permitted uses by risk level, verification, court requirements, clients, billing, decisions about people, incidents, training and review.
  • Approved AI tools register (template with field guide) (Form, AI use Yellow). Register template recording every AI tool and embedded AI feature the firm uses: owner, approved uses, information classes, data location, training and retention terms, risk rating, assessments, approvals and review dates.
  • AI vendor due-diligence questionnaire for law firms (master version) (Checklist, AI use Yellow). Master questionnaire to send to AI vendors before approval: model and hosting, use of firm data, confidentiality, privilege, matter access and court-order fit, security, privacy and cross-border transfers, accuracy, bias, human oversight, agentic features, IP and contract terms.
  • AI incident response procedure for law firms (master procedure for all AI incidents) (Policy, AI use Red). Master procedure for detecting, containing, assessing and remedying every kind of AI incident: fabricated citations reaching a court, client data in unapproved tools, harmful outputs from client-facing tools, biased decisions, deepfake impersonation and vendor breaches.
  • AI decision system impact and fairness assessment (firm or client systems) (Form, AI use Yellow). Assessment form for any AI or automated system that makes or informs decisions about people: maps decisions and affected people, data, legal risks (privacy, discrimination, consumer, sector rules, EU AI Act), testing, human review, transparency and sign-off.
  • Privacy policy clause on automated decisions (APP 1.7 to 1.9, from 10 December 2026) (Clause, AI use Yellow). Privacy policy wording describing the kinds of personal information used, and the kinds of significant decisions made solely or substantially and directly by computer programs, as APP entities must from 10 December 2026, with a short mapping guide and law-firm examples.

All precedents for AI decision systems. Signed-in accounts can read the full text.

Related jurisdictions