Aligning with Global Efforts As the New South Wales government explores regulatory measures for artificial intelligence (AI), the Law Society of NSW has emphasized the importance of aligning with existing frameworks at the federal and international levels. In a submission to the NSW upper house inquiry into AI, the society’s president, Brett McGrath, advocated for leveraging established regulations to maintain consistency and avoid reinventing the wheel.
Learning from International Approaches
McGrath underscored the value of examining contrasting approaches to AI regulation adopted by other nations. He specifically highlighted the European Union’s proposed Artificial Intelligence Act and the United Kingdom’s more “light touch” approach as useful points of comparison for NSW policymakers to consider.
“The NSW Parliament should build upon and adapt existing approaches that are emerging both in Australian and international jurisdictions and seek consistency with respect to privacy, cyber security, consumer rights, and human rights law,” McGrath stated.
Supporting Ethical AI Principles
While supporting the NSW government’s AI Strategy, Assurance Framework, and Mandatory Ethical Principles for AI use, McGrath emphasized the importance of implementing AI in an ethical manner, citing the recommendations of the Royal Commission into the Robodebt Scheme as a cautionary example.
“Citizens should know when and how automated decision-making is significantly affecting their human rights and how and why they are being singled out for differential treatment,” he said.
Prioritizing AI’s Impact on the Legal Profession
Recognizing the profound impact AI will have on the legal profession and the justice system, McGrath has established an AI taskforce to advise the Law Society on this matter. The taskforce will provide guidance on how legal professionals and the justice system will be influenced by this transformative technology.
As NSW navigates the complexities of AI regulation, the Law Society’s call for alignment with federal and international efforts underscores the importance of a coordinated and consistent approach. By leveraging established best practices and collaborating with other jurisdictions, NSW can ensure that its AI regulatory framework strikes the right balance between fostering innovation and protecting the rights and interests of its citizens.
