diff --git a/docs/business-resources/state-territory-ai-resources.md b/docs/business-resources/state-territory-ai-resources.md index 081ced5..b11bcb8 100644 --- a/docs/business-resources/state-territory-ai-resources.md +++ b/docs/business-resources/state-territory-ai-resources.md @@ -4,7 +4,7 @@ title: "Australian Government AI Resources" description: "Official AI strategies, policies, assurance frameworks and statutory guidance from Australian federal, state and territory governments." robots: "index, follow" keywords: "Australian government AI resources, federal AI policy, state AI policies, territory AI policies, government AI strategies, NAIC, OAIC, DTA, NSW AI policy, Victoria AI guidance, Queensland AI framework, SA AI resources, WA AI policy, Tasmania AI guidance, ACT AI policy, NT AI framework" -last-reviewed: "2026-10-11" +last-reviewed: "2026-10-19" review-cycle: "quarterly" og_description: "Comprehensive guide to AI resources published by Australian federal, state and territory governments" og_type: "article" @@ -132,6 +132,10 @@ For a detailed overview of Australian AI legislation, see our [AI & Australian L !!! info "Victoria — premier change (28 July 2026): open question for pending AI-adjacent bills" Ben Carroll was sworn in as Victoria's Premier on 28 July 2026, replacing Jacinta Allan, with Gabrielle Williams as Deputy Premier. As at 8 October 2026, no statement has been found on whether the Carroll Government will keep the two AI-adjacent proposals above (workplace surveillance and AI-in-hiring limits; online safety for minors). Both remain pre-legislative ahead of the November 2026 state election. Do not assume either will go ahead or be dropped until a bill is introduced or the Government states a position. + As part of the same reshuffle, Premier Carroll's cabinet created a dedicated **Minister for Artificial Intelligence and Digital Economy**, held by **Anthony Carbines**, cutting the ministry from 22 to 20 positions overall. Coverage frames the new portfolio as signalling that AI and the digital economy will be a campaign theme ahead of Victoria's **28 November 2026** state election; no detailed AI policy platform or costings had been published as at 18 October 2026. ([Ground News aggregation](https://ground.news/article/premier-ben-carroll-appoints-ai-minister-scraps-infrastructure-portfolios-in-new-look-cabinet), accessed 18 October 2026; [York Park Group](https://yorkparkgroup.com/insights-and-news/new-victorian-cabinet-ahead-of-november-state-election), accessed 18 October 2026) + + + --- ## Queensland (QLD) diff --git a/docs/safety-standards/ai-australian-legislation.md b/docs/safety-standards/ai-australian-legislation.md index f99fb4b..36d2f28 100644 --- a/docs/safety-standards/ai-australian-legislation.md +++ b/docs/safety-standards/ai-australian-legislation.md @@ -65,7 +65,9 @@ The **Privacy Act 1988** is the principal legislation that regulates how persona The OAIC issued an issues paper on "Guidance for Transparency in Automated Decision Making" (published 18 May 2026; consultation closed 15 June 2026) to inform its formal guidance on these obligations. The OAIC published its final guidance package on **30 September 2026**, comprising updated APP 1 Guidelines, a general fact sheet, a supplementary fact sheet for government agencies, and a compliance flowchart. Secondary legal commentary describes the guidance as signalling a broad reading of what counts as automated decision-making, potentially capturing scenarios where a human makes the final call based on AI-generated summaries or recommendations ([DataGuidance](https://www.dataguidance.com/news/australia-oaic-publishes-resources-ai-and-automated), accessed 4 October 2026; [Bird & Bird](https://www.twobirds.com/en/insights/2026/australia/australias-new-adm-transparency-obligation-oaic-signals-a-broad-reading-ahead-of-december-2026), accessed 4 October 2026; [Gilbert + Tobin](https://www.gtlaw.com.au/insights/automated-decision-making-transparency-under-the-privacy-act), accessed 4 October 2026). Organisations using AI in automated decision-making should review the published guidance now in preparation for the 10 December 2026 commencement. - +A further round of law-firm commentary on the finalised guidance (October 2026) stresses that the trigger is broad: it is designed to capture a computer program that makes, or is "substantially and directly related to" making, a decision that could significantly affect an individual's rights or interests — extending well beyond AI-specific tools to decision-support software generally. Machine learning and generative AI outputs used in such decisions will generally be captured unless subject to extensive human oversight and control, and the obligation is reported to apply to decisions made after commencement even where the underlying system or data arrangements pre-date it. Non-compliant privacy policies are reported to be able to attract compliance notices, infringement notices, and penalties of up to **$66,000** ([Allens](https://www.allens.com.au/insights-news/insights/2026/10/mandatory-automated-decision-making-disclosure-requirements-are-coming-key-takeaways-from-the-oaic-guidance/), accessed 18 October 2026; [Maddocks](https://www.maddocks.com.au/insights/oaic-releases-guidance-on-new-automated-decision-making-transparency-obligations), accessed 18 October 2026; [MinterEllison](https://www.minterellison.com/articles/oaic-ramps-up-privacy-enforcement-are-you-ready), accessed 18 October 2026). + + **Children's Online Privacy Code (exposure draft; final Code required by 10 December 2026):** The OAIC released an exposure draft of the **Children's Online Privacy Code** for public consultation on 31 March 2026, with submissions closing 5 June 2026. The Code remained an **exposure draft** at 8 September 2026, with the OAIC still considering consultation feedback. The OAIC is required to prepare the final Code by **10 December 2026**, coinciding with the APP ADM transparency obligations above. As drafted, it would apply to online services (including apps, games, educational tools and websites) that expose children and young people to the highest privacy risks, or are primarily concerned with children's activities. Proposed obligations in the exposure draft include: @@ -165,6 +167,10 @@ Australia's **IP laws**—covering copyright, patents, trademarks and design rig - 🏛️ **Australian Standards for AI — planned legislation in early 2027** Prime Minister Albanese announced on 15 July 2026 that the Government plans to legislate an Australian Standards for AI framework. Official material describes a regulatory framework for large data centres and AI training, with mandatory requirements proposed for large AI data centres covering new power supply, connection costs, grid support and water efficiency. The **Office of AI** has been established within the Department of the Prime Minister and Cabinet to coordinate design of the standards across government. **National Cabinet met on 26 August 2026 and endorsed developing the standards as mandatory**, with the Commonwealth committing to legislate them in **early 2027**. The final scope, duties and commencement arrangements remain subject to design, intergovernmental consideration and Parliament, and the 26 August outcome is pending confirmation against a primary government source. See [AI Data Centres and Compute Governance](ai-data-centres-compute-governance.md) for full detail. ([Prime Minister of Australia](https://www.pm.gov.au/media/ai-australias-interests); [PM&C Office of AI](https://www.pmc.gov.au/domestic-policy/office-ai), accessed 22 July 2026) + In an **8 October 2026** speech, Assistant Minister for Science, Technology and the Digital Economy Andrew Charlton set out that the planned standards are likely to be modelled on banking and aviation regulation: an outcomes-based approach under which AI companies operating in Australia would need to demonstrate their models have been properly tested to prevent harm, rather than comply with a prescriptive list of technical rules. Charlton argued that current voluntary safeguards (AI6/VAISS) are not sufficient because market incentives favour speed over safety compliance, and framed the test as whether a credible risk-detection and incident-prevention system exists, rather than whether every specific hazard is separately regulated. This describes the likely shape of the forthcoming legislation, not its settled content — no exposure draft or bill had been published as at 18 October 2026. ([Region Media](https://region.com.au/feds-say-ai-firms-will-have-to-prove-their-safety-systems-work-because-regulation-cant-do-it-all/1006342/), accessed 18 October 2026; [Cyber Daily](https://www.cyberdaily.au/digital-transformation/14278-are-banking-and-airline-laws-the-key-to-regulating-ai-2), accessed 18 October 2026) + + + - 🏛️ **Joint Select Committee on Artificial Intelligence — early advice issued 12 October 2026, full report due 30 November 2026** A bipartisan federal Joint Select Committee on Artificial Intelligence was appointed by resolution of the House of Representatives and the Senate on 20 August 2026 to examine the adequacy of existing AI-related laws and regulatory frameworks, including copyright and intellectual property law, national security implications, data sovereignty, consumer protection, deepfakes and cyber security. It will also examine the rate and depth of AI adoption among Australian businesses, with a particular focus on small, medium and family businesses. **Submissions closed 14 September 2026**, with the committee due to report by **30 November 2026**. On **12 October 2026** the committee sent early advice to the Prime Minister recommending a proportionate, risk-based framework for the development and deployment of AI systems (scoped in the letter to frontier developers, with its wider reach unresolved), incident reporting duties for frontier labs, minimum standards for data sovereignty and data centres "where appropriate supported by legislation", and national action on AI literacy, skills and procurement. The advice is not legislation; the Government has signalled it intends to legislate national AI standards in 2027. See [Australian Government AI Policy and Frameworks](ai-government-policy-frameworks.md#early-advice-to-the-prime-minister-12-october-2026) for a summary. ([Parliament of Australia](https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Artificial_Intelligence), accessed 6 September 2026, via search cache — direct fetch blocked; [Clayton Utz](https://www.claytonutz.com/insights/2026/august/from-patchwork-to-playbook-the-joint-select-committee-on-ai-and-what-it-means-for-business); [OpenAustralia](https://www.openaustralia.org.au/senate/?id=2026-08-20.26.1), accessed 6 September 2026)