Use of automated decision making by government

The Australian Human Rights Commission has made a submission to the Attorney-General's Department's consultation on the Use of Automated Decision-Making (ADM) by Government. The submission calls for stronger safeguards to ensure ADM systems (especially those using artificial intelligence (AI)) are developed and deployed in ways that uphold human rights.

Key recommendations

1. Implement existing human rights and technology recommendations:

   The Commission urges the Government to implement recommendations 2–8 of its Final Report, which provide a clear framework for rights-respecting ADM and AI use.

2. Mandatory human rights impact assessments (HRIAs):

   Before deploying ADM systems, especially those using AI, agencies should conduct HRIAs to assess legality, transparency and human oversight.

3. Notification of ADM use:

   Individuals must be informed when ADM is materially used in decisions that affect them. Transparency is essential to building public trust and ensuring accountability.

4. Right to reasons:

   Agencies must provide clear, understandable reasons for decisions made using ADM. This is vital for fairness, access to justice and the rule of law.

5. Establish an independent AI Commissioner:

   The Commission recommends creating a statutory AI Commissioner to guide ethical ADM use, support education and ensure compliance across government and industry.

Why this matters

ADM is increasingly used by government agencies to deliver services and make administrative decisions. While ADM can improve efficiency, it also poses serious risks - especially when used without proper safeguards. The Commission's submission highlights the lessons of past failures like Robodebt, and calls for a human rights-centred approach to technology in government.

Read the submission in full to learn more.