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Navigate AI with Maddocks

As we move into an AI-enabled world, organisations must implement clear governance frameworks, ensure transparency in AI decision-making, and assess legal risks such as unwanted bias, data security, and infringement of intellectual property.

AI is rapidly transforming how organisations operate and technology and legal teams must work hard to stay across the AI legal landscape to ensure organisations remain compliant as they evolve. 

While there is no dedicated Australian AI regulation, organisations operating in Australian may be impacted by International AI laws, and are currently governed by a matrix of existing Australian laws, including the Privacy Act 1988 (Cth), the Cyber Security Act 2024 (Cth), Copyright Act 1968 (Cth), the Competition and Consumer Act 2010 (Cth), along with employment, WHS, and anti-discrimination frameworks.

The Commonwealth Government’s voluntary AI Safety Standards and ongoing consultations on mandatory guardrails for high-risk use cases of AI are also important to incorporate into AI governance frameworks. State courts, particularly in New South Wales and Victoria, have also issued practice directions to guide responsible AI use in legal proceedings, and Government departments should be aware of government-specific guidelines as well.

When evaluating AI solutions, customers should seek to understand not only what the system does, but how it works. Due to the constantly evolving nature of the AI landscape, and the slew of possible applications of AI in the future, regular cross-functional reviews should be undertaken to ensure compliance.

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