19 August 2024
9 min read
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Organisations globally are looking to use Artificial Intelligence (AI) in their operations, with the question being not if, but when. As governments looks to jump aboard the AI trend, we take a quick look at some key considerations.
Unless clear guidelines are in place, staff use of AI can be indiscriminate and expose governments to unforeseen risks, such as disclosure of confidential information to third parties.
Queensland Government Enterprise Architecture’s (QGEA) guideline on Use of Generative AI in Queensland Government provides some key considerations, including:
A formal policy on AI use is also expected to be developed in the future. In the meantime, all government bodies should be aware of the guidelines and ensure their employees are clear on permitted and non-permitted uses.
A potential use of AI in government is to assist in decision-making processes. However, care must be taken in determining when and how AI should be used. For example, given the lack of transparency in some AI algorithms and models, what if the process is flawed (e.g. bias or hallucinations) and leads to incorrect decisions? This may only be discovered much later and could lead to major problems in dealing with the consequences of those incorrect decisions.
Another important consideration is how to provide evidence for decisions involving AI. If a decision is subject to administrative review, would you be able to provide appropriate evidence from the AI-supported parts of the decision-making process? Is the model suitably transparent to support this?
As AI becomes increasingly integrated into everyday life through products such as Microsoft Copilot, governments need to consider what contractual clauses are appropriate to include to ascertain the proper use of AI. For example, you could include clauses such as:
While Australia does not yet have specific AI legislation, the European Union is leading the way with the passing of its AI Act. Some useful indications of potential future legislative approaches can be taken from the EU AI Act, which classifies AI according to risk – such as prohibiting use of AI in “unacceptable risk” situations (e.g., biometric categorisation systems), and imposing specific and detailed compliance requirements on high risk AI systems.
As a starting point, government should observe what is considered appropriate and inappropriate use of AI to help guide its own decisions on where to begin using AI and what controls should be put in place around its use.
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Author: Andrew Hynd
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Proclamations commencing Acts made
Proclamation – Tow Truck Act 2023 (commencing remaining provisions)
Acts repealed
Subordinate legislation notified
Environmental Protection (Composting Facilities) Amendment Regulation 2024
Major Events (Pacific Airshow Gold Coast) Regulation 2024
State Penalties Enforcement (Animal Management) Amendment Regulation 2024
Work Health and Safety and Other Legislation Amendment Regulation 2024
Economic Development and Other Legislation (Waraba PDA) Amendment Regulation 2024
Justice (Decriminalising Sex Work) and Other Legislation Amendment Regulation 2024
Proclamation – Tow Truck Act 2023 (commencing remaining provisions)
Regional Planning Interests (Lake Eyre Basin) Amendment Regulation 2024
Health Legislation (Ratios and Other Matters) Amendment Regulation 2024
Survey and Mapping Infrastructure Regulation 2024
Transport Legislation Amendment Regulation 2024
Subordinate legislation repealed
Safety in Recreational Water Activities Regulation 2011
Subordinate legislation expired
Water Plan (Georgina and Diamantina) 2004
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The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.
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