Applying the Rule of Law in Automated Decision Systems through Rules as Code (AustLII’s Submission to the Robodebt Royal Commission)

Abstract

The Australasian Legal Information Instiitute (AustLII) made nine submissions to the Royal Commission into the operation of the 'Robodebt' scheme (Australian Commonwealth Government), with the overall aim of making ADS compliant with the rule of law.

Four submissions are described as fundamental principles in the operation of Commonwealth government Automated Decision Systems (ADS); (i) Acknowledgement that an ADS implements aspects of the legal system; (ii) Legal requirements of explainability must be observed; (III) Transparency of statutory representation and other aspects of the ADS; and (iv) Separate representation of statutory provisions in an ADS.

A further five principles are described are described as highly desirable and should be adopted wherever possible.

An Appendix explains how these principles are implemented in the DataLex environment.

Adoption of principles like these would prevent situations like Robodebt from recurring.

Keywords: Australia, Automated Decision Systems, Robodebt