AI Policy

Introduction

Kirkman Family Law (“KFL”) is committed to integrating artificial intelligence (AI) responsibly within our mediation and legal services to enhance efficiency and effectiveness. Recognising the paramount importance of ethical practice, client privacy, and transparent operations, this policy outlines our dedication to employing AI in a manner that aligns with legal obligations and ethical standards specific to the Australian family law context.

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Ethical Principles

1. Client Welfare

Our foremost priority is the welfare of our clients. We utilise AI to enhance the quality of mediation services, ensuring that technological advancements translate into tangible benefits for our clients without compromising the human touch essential in family law matters.

• Enhancement, Not Replacement: AI tools are used to assist our mediators, not replace them. Human judgment remains central to all decisions.

• Client-Centric Approach: AI applications are designed and deployed with the client's best interests in mind, aiming to improve outcomes and satisfaction.

2. Fairness and Equity

We are dedicated to promoting fairness by ensuring AI systems support unbiased and impartial decision-making throughout the mediation process.

• Bias Mitigation: Regular assessments are conducted to identify and rectify any biases within AI algorithms.

• Inclusive Practices: AI tools are developed using diverse datasets to reflect the varied backgrounds of our clients.

3. Transparency

We uphold full transparency in our use of AI technologies.

• Clear Communication: Clients are informed about how AI tools are integrated into our services and how they may impact their mediation experience.

• Accessible Information: Detailed information about our AI practices is available upon request, ensuring clients understand and are comfortable with our methods.

4. Accountability

Our team maintains strict accountability for the management and oversight of AI applications.

• Governance Structure: Defined roles and responsibilities ensure effective oversight of AI systems.

• Ethical Oversight: An internal ethics committee reviews AI implementations to ensure alignment with our ethical standards.

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Data Privacy and Confidentiality

1. Data Security

KFL employs stringent security protocols to protect client data, in compliance with the Privacy Act 1988 (Cth) and other relevant legislation.

• Secure Handling: All data accessed by AI systems is handled in a secure environment with robust encryption.

• Access Controls: Only authorised personnel have access to sensitive data, with regular audits to maintain security integrity.

2. Anonymisation

We prioritise minimising privacy risks by anonymising or pseudonymising personal data wherever feasible.

• Data Minimisation: Only essential data required for AI processing is used.

• Regular Reviews: Processes are in place to ensure ongoing compliance with anonymisation practices.

3. Data Ownership and Consent

Clients retain ownership of their personal data.

• Explicit Consent: Prior to any use of personal information in AI processes, explicit consent is obtained from clients.

• Right to Withdraw: Clients can withdraw consent at any time, and their data will be promptly removed from AI systems.

4. Third-Party Compliance

Any third-party AI services or tools used by KFL are thoroughly vetted to ensure compliance with our privacy standards.

• Due Diligence: Third-party providers must demonstrate adherence to equivalent data protection and ethical standards.

• Contracts and Agreements: Legal agreements ensure third-party compliance with confidentiality and data protection obligations.

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Professional Development and Training

1. Education and Training

Our staff receive comprehensive training on ethical AI use, privacy regulations, and industry best practices.

• Mandatory Training Programs: Regular training sessions are conducted to keep staff updated on new developments in AI ethics and law.

• Knowledge Assessments: Periodic evaluations ensure staff understanding and compliance with AI policies.

2. Continuous Improvement

We are committed to the ongoing improvement of our AI practices.

• Feedback Mechanisms: Client and staff feedback is encouraged to identify areas for enhancement.

• Staying Informed: We monitor advancements in AI technology and ethics to refine our policies and practices accordingly.

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Compliance and Regulation

1. Legal Compliance

KFL adheres to all relevant Australian legislation affecting AI use within the mediation sector.

• Regulatory Awareness: We stay informed about changes in laws and regulations, including the Australian Human Rights Commission's guidelines on AI, anti-discrimination laws, and professional ethical standards.

• Policy Alignment: Our AI practices are regularly reviewed to ensure alignment with current legal requirements.

2. Monitoring and Auditing

We continuously monitor and audit our AI systems to ensure legal and ethical compliance.

• Performance Audits: Regular technical assessments verify that AI systems function as intended without unintended biases or errors.

• Ethical Audits: Periodic reviews assess adherence to ethical standards and identify potential areas of risk.

3. Reporting and Rectification

We have clear procedures for addressing any issues of non-compliance.

• Incident Reporting: Any breaches or concerns are reported promptly to the appropriate authorities within KFL.

• Corrective Actions: Immediate steps are taken to rectify issues, including system modifications and staff retraining if necessary.

• Transparency with Clients: Clients affected by any breaches are informed promptly, with measures explained and apologies issued as appropriate.

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Conclusion

Integrating AI into our mediation and legal practices offers significant benefits in service efficiency and client satisfaction. Our commitment to leveraging this technology is managed carefully in line with our paramount duties, client privacy, and broader ethical obligations.

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By adhering to these policies, Kirkman Family Law aims to fully harness AI's potential while maintaining the highest standards of ethical practice, thereby reinforcing the trust and confidence of our clients and stakeholders. We recognise that the responsible use of AI is an ongoing journey and remain dedicated to continuous improvement in this evolving landscape.

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For further information or specific inquiries, please contact us at support@kirkmanfamilylaw.com.

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This AI Policy was last updated October 2024.