This Article provides an overview of Australia’s existing regulatory framework used to regulate AI technologies, the ongoing government consultations and proposed reforms to the laws. Using the failed Robodebt system as a case study, it also showcases the risks associated with failed AI systems, including claims for compensation in the billions of dollars and reputational damage that follows.
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Digital economy including digital platforms and on-line market-places continue to be compliance and enforcement priorities for regulators in Australia – including ACCC, ASIC and OAIC. This update provides a review of recent Australian technology cases and ensuing compliance and risk management issues.
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On 17 January 2024, the Australian Government released its Interim Response to consultations held on Safe and Responsible AI in Australia. The Interim Response shows that the Government will be targeting the use of AI in ‘high-risk settings’ with ‘mandatory guardrails’ for the safe AI design, development and deployment in high risk settings being considered in close consultation with industry and the community.
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Increasingly the ACCC is involved in technology disputes, either taking court enforcement proceedings against digital platforms and technology companies or intervening in private litigation commenced by affected parties. This review of recent technology cases provides useful insights for businesses and consumers into emerging trends and the related risk management.
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