LYJ v. Occupational Therapy Board of Australia

Hallucinated Content

Outcome

Notes

AI UseThe applicant cited Crime and Misconduct Commission v Chapman [2007] QCA 283 in support of a key submission. The Tribunal was unable to locate such a case. It queried ChatGPT, which returned a detailed but entirely fictitious account of a case that does not exist. The Tribunal attached Queensland’s AI usage guidelines to its reasons and emphasized that the responsibility for accuracy lies with the party submitting the material.Ruling/SanctionThe fabricated case was disregarded. The Tribunal granted a stay but issued a strong warning: litigants are responsible for understanding the limitations of AI tools and must verify all submitted material. The inclusion of fictitious material wastes time, diminishes credibility, and undermines the process.Key Judicial ReasoningCiting non-existent authorities "weakens their arguments. It raises issues about whether their submission can be considered as accurate and reliable. It may cause the Tribunal to be less trusting of other submissions which they make. It wastes the time for Tribunal members in checking and addressing these hallucinations. It causes a significant waste of public resources."