Artificial Intelligence (AI) is becoming more prevalent and widely used across the private and public sector, and many of us are struggling with how and when to make use of it. Looking to provide some public sector clarity, and guidance for the private sector, the Australian Government has recently rolled out a policy for the use of AI within its agencies.
Titled ‘Policy for the responsible use of AI in government’, it aims to position the government as an example of safe and responsible adoption and use of AI technologies.
In this policy, the definition from the Organisation for Economic Co-operation and Development (OECD) is used to define AI as:
“An AI system is a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. Different AI systems vary in their level of autonomy and adaptiveness after deployment.”
The policy highlights the potential benefits of AI, such as improved efficiency, better data analysis, and enhanced service delivery. However, it also acknowledges the risks associated with AI, particularly with its use by the government, including public trust concerns, varying preparedness across agencies, and the rapid pace of technological change. The policy notes that the government has an elevated level of responsibility for its use of AI and should be held to a higher standard of ethical behaviour.
Implementation
The policy took effect on 1 September 2024 and applies to all non-corporate Commonwealth entities, with corporate Commonwealth entities encouraged to adopt it. National security and defence agencies are exempt but could voluntarily adopt elements of the policy. The policy is to apply alongside existing frameworks and laws to ensure that agencies meet all their obligations.
Principles and Requirements
The policy outlines principles and requirements under the “enable, engage, and evolve” framework.
Under “enable and prepare,” agencies are required to designate accountability for implementing the policy to accountable officials who will be the contact point for AI coordination, notify the Digital Transformation Agency (DTA) of high-risk use cases, engage in AI forums and processes and keep up to date with changing requirements. This principle also strongly recommends that agencies implement staff training on AI within 6 months of the policy taking effect. This principle also suggests that agencies should consider how AI may be integrated into existing frameworks such as privacy, protective security, record keeping, cyber and data.
The “engage responsibly” principle mandates agencies to publish an AI transparency statement which will provide the public with relevant information about the agency’s use of AI including measures to monitor effective deployment of AI systems and efforts to protect the public against negative impacts.
The “evolve and integrate” principle encourages agencies to monitor and evaluate their AI use and integrate AI into a whole-of-government approach.
Summary
Overall, the government’s AI policy appears to be ‘testing the waters’ of how best to have AI rolled out across its agencies with a focus on assessing the risks for use of AI, establishing who is accountable for AI within agencies, implementing AI training and monitoring and evaluating the approach to AI. The policy demonstrates the government is open to exploring the use of AI and as such, it is likely that further legislative and policy documents that provide additional guidance on the use of AI will follow.
As a business owner or manager you may like to consider the Government’s policy and how this engaged, but cautious, approach might be a good fit for how you consider the use of AI within your business.
Clifford Gouldson Lawyers is leading the way with highlighting and explaining the many issues, both legal and business related, that come with AI adoption. If you have any questions in relation to AI or on implementing your own AI policy within your organisation, please reach out to our Intellectual Property + Technology Team or our Business + Corporate Advisory Team, who will be more than happy to assist.
For further information please contact Ben Gouldson.
The assistance of Michelle Broome, Lawyer, in researching this article is gratefully acknowledged.
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