Regulation of (Generative) AI Requires Continuous Oversight (AustLII Submission on the ‘Safe and Responsible AI in Australia’ Discussion Paper)

20 Pages Posted: 2 Aug 2023 Last revised: 29 Nov 2023

See all articles by Graham Greenleaf

Graham Greenleaf

Independent Scholar

Andrew Mowbray

University of Technology Sydney, Faculty of Law

Philip Chung

University of New South Wales (UNSW Sydney), Faculty of Law and Justice

Date Written: July 24, 2023

Abstract

Australia’s Department of Industry, Science and Resources invited interested parties to make submissions on a Discussion Paper (DP) Safe and Responsible AI in Australia. This submission by researchers from the Australasian Legal Information Institute (AustLII) addresses the most important general issues identified in the Discussion Paper and suggests the best strategies to address them.

In the paper, we make submission on he following:
1 Why the rate of take-up of automated decision-making (ADM) systems in Australia, needs to be determined.
2 Whether regulation should be be aimed at ‘AI generally’, or something else.
3 Why the definition of ‘AI’ should refer to ‘without explicit programming', and why ‘hallucinations should be dropped.
4 An alternative set of 10 principles to be used to guide Australian regulation.
5 The need for a continuous source of expert advice which will regularly report to existing regulatory bodies, to government and to the public.
6 How an ‘Australian Advisory Board on Regulation of AI’ (the AI Board) could be structured.
7 Why Australia should aim to provide inputs to influence international developments where possible, and where this is most important.
8 Why a risk-based approach to regulation of AI should be adopted,
9 Why only the most dangerous applications should be brought within it in the first instance.
10 What could be included in the Commonwealth’s initial ‘AI Framework Act’.

Keywords: Australia, AustLII, AI, Artificial Intelligence

Suggested Citation

Greenleaf, Graham and Mowbray, Andrew and Chung, Philip, Regulation of (Generative) AI Requires Continuous Oversight (AustLII Submission on the ‘Safe and Responsible AI in Australia’ Discussion Paper) (July 24, 2023). UNSW Law Research Paper No. 23-49, Available at SSRN: https://ssrn.com/abstract=4519365 or http://dx.doi.org/10.2139/ssrn.4519365

Graham Greenleaf (Contact Author)

Independent Scholar ( email )

Sydney
Australia

HOME PAGE: http://www2.austlii.edu.au/~graham/

Andrew Mowbray

University of Technology Sydney, Faculty of Law ( email )

Sydney
Australia

Philip Chung

University of New South Wales (UNSW Sydney), Faculty of Law and Justice ( email )

Kensington, New South Wales 2052
Australia

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