Artificial Intelligence (AI) Regulation in Australia!

AI Regulation - Voluntary AI Standard released and Mandatory regulation on the way!

Today, the Australian Government released the Voluntary AI Standard!

The Voluntary AI Standard seeks to help organisations to develop and deploy Artificial Intelligence (AI) systems in Australia safely and reliably.

The Voluntary AI Standard consists of 10 voluntary “guardrails” to:

1. ensure AI accountability processes such as governance, internal capability and regulatory AI compliance

2. identify AI risk management processes

3. protect AI systems and implement data governance measures

4. test AI models and systems

5. enable human control or intervention in AI systems

6. inform end-users regarding AI decisions and content

7. establish processes for persons to challenge AI use or outcomes

8. ensure transparency across the AI supply chain

9. ensure records management to allow third parties to assess AI guardrails compliance

10. engage stakeholders by focussing on AI safety, diversity, inclusion and fairness

The Australian Government’s voluntary guardrails are intended to align with Australia’s proposed mandatory guardrails. Also today, the Australian Government released a Proposals Paper for Introducing Mandatory AI Guardrails. The proposed Mandatory AI Guardrails will be a mandatory legislative framework for the use of AI systems in “high-risk” domains or sectors, similar to those adopted or proposed internationally in the EU and Canada. Internationally, high-risk domains include:

·        Biometrics

·        Critical infrastructure

·        Education/Training

·        Employment

·        Access to essential public services and products

·        Access to essential private services

·        Products and services affecting individual and public health and safety

·        Law enforcement

·        Administration of justice and democratic processes

The Australian Government is seeking feedback regarding the proposed Mandatory Guardrails by 4 October 2024.

Current legal requirements relating to AI regulation in Australia are complex. The Voluntary AI Standard, and the Mandatory AI Guardrails reforms if implemented, require effective consideration, training, monitoring and reporting. Professional assistance to address these questions and to provide expert training is available and should be sought, as appropriate.

Dr Nigel Wilson, Director, Australis Chambers

Dr Nigel Wilson is an Australian lawyer and privacy, cybersecurity and technology regulatory specialist with over thirty years’ experience.

He is the author of the international, award-winning Teaching Professionals – Revised AI Edition! and is also a professional workplace trainer and educator for corporations, legal practices, governments, critical infrastructures and not-for-profits.

Dr Nigel Wilson, Australis Chambers

LLB (Hons), BEc, BCL Oxford, Cybersecurity Harvard, PhD

wilson@australischambers.com         www.australischambers.com             0413 807 585

Liability limited by a scheme approved under the Professional Standards Legislation