Read The Times Australia

Daily Bulletin

Australia’s national plan says existing laws are enough to regulate AI. This is false hope

  • Written by: Jessica Russ-Smith, Associate Professor of Social Work and Chair, Indigenous Research Ethics Advisory Panel, Australian Catholic University

Earlier this month, Australia’s long-anticipated National AI Plan was released to a mixed reception.

The plan shifts away from the government’s previously promised mandatory AI safeguards. Instead, it’s positioned as a whole-of-government roadmap for building an “AI-enabled economy”.

The plan has raised alarm bells among experts for its lack of specificity, measurable targets, and clarity.

Globally, incidents of AI harm are growing. From major cyber crime breaches using deepfakes to disinformation campaigns fuelled by generative AI, the lack of accountability is staggering. In Australia, AI-generated child sexual abuse material is rapidly spreading, and existing laws are failing to protect victims.

Without dedicated AI regulation, Australia will leave the most vulnerable at risk of harm. But there are frameworks elsewhere in the world that we can learn from.

No dedicated AI laws in Australia

The new plan doesn’t mandate for a standalone AI Act. It also doesn’t have concrete recommendations for reforms to existing laws. Instead, it establishes an AI Safety Institute and other processes including voluntary codes of conduct.

According to Assistant Minister for Science, Technology and the Digital Economy Andrew Charlton, “the Institute will be [..] working directly with regulators to make sure we’re ready to safely capture the benefits of AI with confidence.” However, this institute has only been afforded guidance and advisory powers.

Australia also has a history of blaming algorithms for legal failures, such as the Robodebt scandal. Current legal protections aren’t enough to manage existing and potential AI harms. As a result, the new AI plan risks amplifying injustices.

Legal whack-a-mole

Holding tech companies legally liable is no easy feat.

Big tech consistently seeks loopholes in existing legal systems. Tech giants Google and OpenAI are claiming “fair use” provisions in US copyright law legalise data scraping.

Social media companies Meta and TikTok are exploiting existing laws – such as broad immunity under US Communications Decency Act – to avoid liability for harmful content.

Many are also using special purpose acquisition companies (essentially shell companies) to circumvent antitrust laws that target anti-competitive conduct.

As per the new national plan, Australia’s “technology-neutral” approach argues that existing laws and regulations are sufficient to combat potential AI harms.

According to this line of thinking, concerns such as privacy breaches, consumer fraud, discrimination, copyright and workplace safety can be addressed using a light touch – regulation only where necessary. And the AI Safety Institute would be “monitoring and advising”.

The existing laws referenced as sufficient include the privacy act, Australian consumer law, current anti-discrimination, copyright and intellectual property laws, as well as sector-specific laws and standards, such as those in the medical field.

This might appear as comprehensive legal oversight. But there remain legal gaps, including those related to generative AI, deepfakes, and synthetic data made up for AI training.

There are also more foundational concerns around systemic algorithmic bias, autonomous decision-making and environmental risk. A lack of transparency and accountability looms large, too.

Big tech often uses legal uncertainty, lobbying and technical complexity to delay compliance and sidestep responsibility. The companies adapt while the legal system attempts to catch up – like a game of whack-a-mole.

A call to action for Australia

Just like the moles in the game, big tech often engages in “regulatory arbitrage” to circumvent the law. This means shifting to jurisdictions with less stringent laws. Under the current plan, this is now Australia.

The solution? Global consistency and harmonisation of relevant laws, to cut down on the number of locations big tech can exploit.

Two frameworks in particular offer lessons. Harmonising Australia’s national AI plan with the EU AI Act and Aotearoa New Zealand’s Māori AI Governance framework would enhance protections for all Australians.

The EU AI Act was the world’s first AI-specific legislation. It provides clear rules on what is allowed and not allowed. AI systems are assigned legal obligations and responsibilities based on the level of potential societal risk they pose.

The act puts in place various enforcement mechanisms. This includes specific financial penalties for non-compliance, as well as EU- and national- level governance and surveillance bodies.

Meanwhile, the Māori AI Governance Framework outlines Indigenous data sovereignty principles. It highlights the importance of Māori data sovereignty in the face of inadequate AI regulation.

The framework includes four pillars that provide comprehensive action to support Māori data sovereignty, the health of land, and community safety.

Read more: AI affects everyone – including Indigenous people. It’s time we have a say in how it's built

The EU AI Act and the Māori Framework articulate clear values and translate them into specific protections: one through enforceable risk-based rules, the other through culturally-grounded principles.

Meanwhile, Australia’s AI plan claims to reflect “Australian values” but provides neither regulatory teeth nor cultural specificity to uphold them. As legal experts have called for, Australia needs AI accountability structures that don’t rely on individuals successfully prosecuting well-resourced corporations through outdated laws.

The choice is clear. We can either chase an “AI-enabled economy” at any cost, or build a society where community safety, not money, comes first.

Authors: Jessica Russ-Smith, Associate Professor of Social Work and Chair, Indigenous Research Ethics Advisory Panel, Australian Catholic University

Read more https://theconversation.com/australias-national-plan-says-existing-laws-are-enough-to-regulate-ai-this-is-false-hope-271725

Business News

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How to Transform Your Daily Work Ute Into a Weekend Touring Rig

In 2025, Australians purchased a record 1.24 million new vehicles, with the Ford Ranger and Toyota...

Why Dental Tourism in Mumbai is the Smart Choice

Dental tourism in Mumbai is gaining more attention in recent times. Mumbai is not only the financi...

South African Consular Services Expand to Six Australian Cities

South Africans living in Adelaide, Brisbane and Canberra will now be able to access passport, identi...

How Long Does a Solar Home Battery Last? LFP Cycles and Warranty Explained

A battery does not usually reach its advertised cycle count and suddenly stop working. Capacity ch...

How to Hire a Nanny: A Complete Guide for Families

Finding the right childcare professional can make everyday family life easier and give parents gre...

The Blue-Collar Shortage Employers Can't Solve With More Applicants

Australia's hiring market has cooled considerably since the post-pandemic frenzy of 2021 and 2022. F...

The Playground as Classroom: How Line Markings Are Reinforcing What Students Learn Inside

For a long time, the playground was treated as a break from learning rather than part of it. A place...

How Technology Is Changing the Way Gardens Are Maintained

Garden maintenance has always been a hands on ritual. Mowing on a schedule, watering by instinct, an...

One Blocked Drain Can Become a Whole House Plumbing Problem: How It Happens

A blocked hand basin feels local. So does a slow shower. Homeowners naturally focus on the fixture...