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The NSW government should be looking at what the rest of the world is doing regarding artificial intelligence (AI) regulation rather than trying to invent its own untested regulations, according to a submission by the Law Society of NSW.
According to Law Society of NSW president Brett McGrath, the state government should avoid attempting to recreate the wheel and leverage already established regulations to keep regulation consistent with the rest of the world.
“AI brings with it many challenges and opportunities, and appropriately flexible, scalable and principles-based regulation will help ensure that the community can both reap the benefits of AI and be protected from its potential threats,” McGrath said.
“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.”
“Policymakers in NSW may also find value in considering overseas efforts to deal with AI regulation, including the European Union’s proposed Artificial Intelligence Act and the more ‘light touch’ approach to AI regulation adopted in the United Kingdom.
“These contrasting approaches provide NSW with a useful point of comparison as the inquiry, and later, the government decides on the best approach to take to AI regulation.”
McGrath is set to tell an NSW upper house inquiry into AI today (11 March 2024) that the recommendations it has made regarding AI adoption should take into account the regulatory efforts made by both the federal government and international governments.
Additionally, McGrath has shown his support for the state government’s NSW AI Strategy, Assurance Framework and Mandatory Ethical Principles for AI use, emphasising the importance of implementing AI in government and otherwise in an ethical way.
“No clearer example is before our policymakers of the need for ethical use of AI than the recommendations of the Royal Commission into the Robodebt Scheme,” said McGrath.
“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.”
AI and the way it will influence the legal profession and law industry is a top priority for McGrath, who has established an AI taskforce to advise the Law Society on how the justice system and legal professionals will be influenced by the technology.