Transparency of Automated Decision Making (AU0024)

Summary

The purpose of this commitment is to ensure greater transparency about the use of automated decision-making (ADM) in government and contribute to safe and responsible Artificial Intelligence (AI) while facilitating innovation. This is intended to be achieved through: • improved governance, capability and guidance to support the safe and responsible use of AI in Australia • consideration of a consistent legal framework governing automated decision making by Australian Government agencies, and • enhanced transparency and protections for personal information handling by entities subject to the Privacy Act 1988.

Why this commitment is important

Delivery of this commitment aims to address community concerns about the transparency and integrity of decisions made using ADM systems, and about the safe and responsible use of AI. It is important that there is a consistent legal framework to support the use of automated decision-making, so that government services can operate ethically, without bias and with appropriate safeguards. There is also a need to support the transparency and integrity of decisions made using ADM systems including that individuals should be able to request meaningful information about how automated decisions, with a legal or similarly significant effect, are made when using personal information. These objectives are reflected both in the Government’s response to the Robodebt Royal Commission which committed to consider options for a consistent legal framework for ADM, and the Government’s response to the Privacy Act Review Report. Greater transparency about the use of ADM is part of fostering the public trust Australia needs to fully realise the benefits of AI, including opportunities for enhancing productivity, facilitating economic growth, and improving outcomes for Australians across health, education, environment and national security. This work will support the Australian Government to make advancements in this rapidly developing area and establish governance mechanisms to ensure AI is developed and used safely and responsibly in Australia. These mechanisms can include regulations, standards, tools, frameworks, principles and business practices.

Related OGP challenge areas

• Digital governance • Access to Information

How the impact of this commitment can be measured

• The Australian Government is able to demonstrate transparency in the use of ADM. • Governance mechanisms are established to ensure AI is developed and used safely and responsibly in Australia.

Other relevant information e.g. inquiries, research work being undertaken

The Department of Industry, Science and Resources (DISR) recently held public consultation on Safe and Responsible AI, which resulted in more than 500 responses reaffirming community expectations around transparency in the use of AI technologies, particularly by government. The Australian Government is currently reviewing these submissions. On 19 September 2023, the Hon Ed Husic MP, Minister for Industry and Science, and Senator Katy Gallagher, Minister for Finance, announced the establishment of the AI in Government Taskforce to focus on the safe and responsible use of AI within government. The Taskforce reports to the Secretaries Board Future of Work Sub-committee and is jointly led by the Digital Transformation Agency (DTA) and DISR. It is developing approaches for governance, risk management, skills and capability, and technical use and preparedness for AI at a whole-of-government level. The Attorney-General’s Department is progressing work on the Government Response to the Privacy Act Review Report, which was released on 28 September 2023, which includes agreement to proposals regarding the use of ADM (proposals 19.1–19.3). The Government Response to the Robodebt Royal Commission committed to considering opportunities for legislative reform to introduce a consistent legal framework in which automation in government services can operate ethically, without bias and with appropriate safeguards, which will include consideration of review pathways and transparency mechanisms (recommendation 17.1). OGP Global has further recommendations on digital governance and automated decisionmaking in their Open Government Guide.

Milestones*

1.1 Taskforce Update AI in Government Taskforce to update the Interim Guidance on the use of Generative AI for Agencies.

1.2 Government Response Release Government Response to the Privacy Act Review Report

1.3 Government Response Release Government Response to the Robodebt Royal Commission

1.4 New legislation Introduce legislation to protect the personal information of Australians, including in relation to the use of ADM.

1.5 Draft policy development AGD to lead policy development and scoping process for options to develop a comprehensive and consistent whole-of-government legislative framework for ADM in response to Robodebt Royal Commission recommendation 17.1, including consultation within government and targeted consultation with external stakeholders. This will include consideration of options for automation in government services to operate ethically, without bias and with appropriate safeguards.

1.6 Public consultation AGD to lead public consultation and advice on options to implement a whole-of-government legislative framework for ADM, and finalise legislation for Government consideration and introduction.

1.7 Implement new framework AGD to lead implementation of any whole-ofgovernment legislative framework for ADM, including developing guidance material and providing advice to agencies.

*Additional or more detailed milestones may be added in 2024, following Government consideration.