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How is artificial intelligence (AI) regulated in Australia?

As of April 2024, Australia lacks a comprehensive legal framework governing AI, with regulations limited to a voluntary set of AI Ethics Principles developed in 2019. Notwithstanding, Ai is used increasingly with both useful and detrimental consequences.

AI has been at the forefront of debates, with recent developments towards a more structured approach. Attitudes by the European Union's approach towards AI regulations could also shape Australia's AI landscape.

Recent AI Developments in Australia

  1. Robodebt Scheme: In July 2023, the Royal Commission's report on the Robodebt Scheme highlighted detrimental effects and issues around automated decision-making resulting in inaccurate debt notices. This has led to government committing to regulate this area more strongly.

  2. Privacy Act Review: In September 2023, government welcomed recommendations for better transparency in automated decision-making involving personal data.

  3. Interim AI Consultation Response: In January 2024, the government announced plans to adopt a risk-based framework for AI, including toolkits for high-risk applications.

  4. Expert Guidance Group: In February 2024, an Ai expert guidance group was developed to advise on AI-related matters.

  5. Senate Committee Formation: In March 2024, a Senate Select Committee was created to investiagte the opportunities and challenges of AI.

  6. State-Level Guidance: In April 2024, the Victorian Information Commissioner issued concerns about privacy, and warned users against using personal data with AI.


AI in the global context: in the EU

The EU’s recently approved an AI Act which highlights a high global standard for regulation, classification of risk, and imposing specific obligations.

Preparing for Future Regulations

Organizations can take proactive steps by:

  • Conducting an AI Audit

  • Establish Governance Frameworks, and ensuring the use of AI meets the ethical standards of the corporation/organisation

 

With a federal election in May 2025, it is anticipated that the debate on AI regulations will continue and evolve. In the interim, a cautious use of AI and vigilance regarding the accessibly and public sharing of documentation and information generated.

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