HTI Submission to the DISR Discussion Paper

HTI welcomes the policy intent that underpins the DISR Discussion Paper: that well-considered regulation and governance measures can build public trust in AI, thereby enabling the Australian ‘economy and society to reap the full benefits of these productivity-enhancing technologies’. AI has and will promise enormous benefits for Australians. However, to realise those benefits without causing harm, it is important that we develop and deploy AI systems safely and responsibly. This approach strikes an appropriate balance between promoting positive innovation for economic and broader gains, while also ensuring that Australians are protected from harm.

The HTI submission urges the Australian Government to adopt a strong strategic framework for regulating the development and use of AI.

The submission makes six recommendations:

1. The Australian Government should develop a regulatory strategy for AI. This strategy should: be practical and effective, with a combination of hard and soft law, and include both self- and co-regulatory measures; pursue a clear aim that encourages public benefit while upholding human rights and other community protections; adopt, in general, a technology-neutral and risk-based approach to AI regulation; and support ongoing consultation with civil society, industry and technical experts.
2. The Australian Government should do a stocktake of reform recommendations from recent landmark reports relating to AI and prioritise those proposed reforms.
3. The Australian Government should undertake a legal gap analysis, focusing on priority areas where AI presents an especially significant risk of harm. This legal gap analysis should consider how our current laws apply to AI, and where there are gaps that should be addressed to manage the risk of harm.
4. The Australian Government should establish an ‘AI Commissioner’ to provide independent expert advice to government and regulators, and to provide guidance on law and ethics for industry, civil society and academia.
5. The Australian Government should work with independent experts to develop an AI assurance framework that would apply to the private sector in Australia.

6. Australia should adopt framework legislation for AI to advance the above recommendations. This proposed legislation should support the Australian Government in ensuring parity of legal protections for Australians, as compared with citizens of the European Union and other leading jurisdictions.

    Read HTI’s submission to the DISR Discussion Paper here.