Tasmania's justice department has confirmed a review into the use of artificial intelligence in parole decisions following a 'concerning' error in the case of convicted murderer Susan Neill-Fraser. The review was announced on Friday evening, four days after a parole condition imposed on Neill-Fraser was ruled invalid by the state's supreme court.
Parole condition deemed invalid
Neill-Fraser, who was released on parole in 2022 after serving 13 years for the murder of her partner Bob Chappell on their yacht in 2009, had been subject to conditions preventing her from speaking to the media to claim her innocence or allege a wrongful conviction. On Tuesday, following a legal challenge from Neill-Fraser, the supreme court of Tasmania ruled the condition was invalid and made without procedural fairness.
During the court proceedings, it was revealed that the Parole Board had relied on a document prepared with the help of AI, which cited case law that did not exist. This prompted the justice department to initiate a review into the extent of AI use in past parole decisions.
Review and response
"The department will undertake a review to determine the extent to which artificial intelligence may have been used to inform past Tasmanian Parole Board decisions," a justice department spokesperson said. "The department is unable to comment further while the review is in progress."
The Parole Board is an independent decision-making body separate from the department. Greg Barns, chair of Prisoners Legal Service Tasmania, described the conditions placed on Neill-Fraser as deeply troubling and called it extraordinary that the case law relied upon was not checked. The legal service is conducting its own audit of two years' worth of Parole Board decisions to identify any signs of AI use or errors.
Legal and human rights concerns
Sarah Schwartz, from the Human Rights Law Centre, which represented Neill-Fraser, said the case had revealed serious deficiencies. "It's really concerning that the Parole Board of Tasmania … used AI in generating this document," she said outside court on Tuesday. "[It] severely restricted our client's fundamental freedoms, her freedom to speak in regard to her matter."
A spokesperson for the Parole Board said it does not comment on individual matters and was unable to answer questions about the extent of its AI use. Neill-Fraser, who has launched multiple failed appeals against her conviction, has vowed to continue her fight to clear her name.
The state attorney general, Guy Barnett, has written to the Parole Board asking for an explanation and said the mistake was unacceptable. The review and the legal service's audit are ongoing, with the outcome expected to inform future parole decision-making processes in Tasmania.
