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Law Council of Australia

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Safe and responsible AI in Australia

The Law Council of Australia provided a submission to the Department of Industry, Sciences and Resources in response to the Discussion Paper on Safe and Responsible AI in Australia.1

Artificial intelligence (AI) has the potential to deliver significant opportunities and benefits across the economy and society more broadly, and can be expected to cause disruption and innovation in many key industries. The Law Council considers this to be a timely opportunity to consider reform in response to advancements in technology and the implications for the Australian public.

Existing AI governance mechanisms in Australia are largely voluntary and rely on general regulatory frameworks. In the Law Council’s view, the significant risks posed by the use of Al justify a strengthened and precautionary approach to Al regulation, where there is evidence that existing laws and regulations are insufficient to address the issues and harms arising. Further regulation should be multifaceted. It should include the expansion of current legislation and, where necessary, new targeted legislation, not just a soft law approach of a voluntary code. However, the Law Council considers that the Australian Government should not seek to explicitly regulate AI via a comprehensive ‘AI Act’.


1 Department of Industry, Sciences and Resources (Cth), Safe and Responsible AI in Australia (Discussion Paper, June 2023) (‘Discussion Paper’).

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