Law360, Sydney (July 30, 2026, 5:27 PM AEST) -- Federal Court Justice Emilios Kyrou said judges and tribunal members should be "prohibited" from using generative AI to make judicial decisions, citing ethical concerns and possible de-skilling in a speech published on Thursday, where he acknowledged never using AI. 

"I do not think that AI has, to date, had a significant impact on the way that Australian judges and tribunal members personally perform their work during hearings or in preparing their decisions," Justice Kyrou said in his presentation in June at a seminar at the National Judicial Institute of Canada. Justice Kyrou said he did not use AI in a personal or professional capacity as he did not fully understand its function or capabilities and felt "uncomfortable in using it."

Justice Kyrou identified a number of risks and challenges with AI use in the judiciary and legal profession including "embedded AI capability" in seemingly ordinary research tools like Microsoft Copilot and search engines.

"There is a lack of uniformity among judges and tribunal members regarding the level of understanding of AI and concerns about it," he said.

Justice Kyrou noted that no specific 'AI Act' exists for Australian courts and tribunals yet, but some existing statutes across privacy, discrimination, criminal and copyright laws "have been amended to address AI issues. Courts and tribunals have mostly addressed AI through their own practice directions and codes of conduct."

The Council of Chief Justices of Australia and New Zealand said judges must not use Generative AI "for judicial decision-making" in the latest edition of its Guide to Judicial Conduct published in March. The Council added this position did not extend to "supportive uses" of AI and encouraged judicial staff to discuss their use of AI tools with judges.

Unreliability and a lack of security, particularly with AI models accessible to the general public, are further challenges, Justice Kyrou said. "It is well known that AI generated content (particularly from 'public' AI models) can be inaccurate or even completely fictitious," he said.

"Decisions which are based on flawed AI generated content represent not only sloppy work, but are highly detrimental," as they could damage public trust in the courts and "undermine the rule of law."

Decision making and mediation skills, "within a values and ethical context" are at risk of being lost the more judges and tribunal members use AI, Justice Kyrou said, particularly "young lawyers and newly appointed judges who become accustomed to using AI at the outset, before their own inherent decision-making skills fully mature."

"At a personal level, I want my decisions to reflect my unique voice and style, which I have developed over many years in line with my growth as a jurist and my deeper appreciation of the foundational values of our legal system," Justice Kyrou said.

"I do not wish to share my voice with computer generated content which is based upon an instantaneous collation of random data that is likely to lack a core unifying value system."

Justice Kyrou, who has served as the Administrative Review Tribunal's President since October 2024, said the Tribunal "is trialling, testing and assessing potential uses of AI before any broader rollout" in a cautious approach to avoid "inappropriate reliance on AI and to ensure that accountability and judgement remain with humans."

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