Artificial Intelligence defined – why no uniform approach?

Artificial Intelligence (AI) is commonly thought of as the capacity of computer systems to execute tasks that usually need human intelligence, such as learning, reasoning, and making decisions.^[1]  It covers a range of specialised fields, each focusing on different functions.  For example, machine learning allows computers to learn from data, computer vision enables them to understand visual information, and natural language processing helps them comprehend and produce human language.

Is there an accepted legal definition of AI in Australia?

In Australia, there is no specific legislation that defines AI.  While some Commonwealth laws reference technology or computer programs that could encompass AI, none of the legislation explicitly defines or uses the term “artificial intelligence”.^[2]  However, certain laws allow computers to make administrative decisions on behalf of departmental officials.  For example, the Social Security Administration Act 1999(Cth) s6A, the Migration Act 1958(Cth) s495A, and the Veterans’ Entitlements Act 1986(Cth) s4B.

The Australian Government through the Commonwealth Scientific and Industrial Research Organisation (CSIRO) has adopted a working definition of AI as:

“a collection of interrelated technologies used to autonomously solve problems and perform tasks to achieve specific goals, sometimes without direct human oversight.“

This definition is used in the Australian Government’s AI Action Plan, issued by the Department of Industry, Science, Energy and Resources in June 2021, that outlines the nation’s strategic approach to AI.^[3]  This definition has not been uniformly accepted across the government, and various definitions are used in legal and policy discussions about AI in Australia.  An Inquiry by the Parliamentary Joint Committee on Law Enforcement, investigated the effects of new and emerging information and communication technologies, defining AI as the:

“Simulation of intelligence processes by machines, especially computer systems”. ^[4]

 The OECD definition is that AI is a:

“Machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments.  It uses machine and/or human-based inputs to perceive real and/or virtual environments; abstract such perceptions into models (in an automated manner, e.g., with Machine Learning or manually); and use model inference to formulate options for information or action.  AI systems are designed to operate with varying levels of autonomy.”^[5]

A list of terms and definitions have been published by the Commonwealth Department of Industry Science and Resources at – terms and definitions.^[6]

The inconsistent use of AI definitions in legal and policy contexts in Australia is evident in industry practices.  The term “AI system” can mean different things across various sectors.  On one hand, the use of “AI” is to describe simpler systems that handle tasks like document or workflow automation with basic decision logic.  In this case, the term is used broadly.  In other cases, including industry experts and technical professionals, “AI” is used to refer only to systems that perform more complex, human-like tasks using advanced technologies like natural language processing and machine learning algorithms, rather than basic decision-making functions.

Is AI a challenge in the justice system?

Chief Justice Andrew Bell spoke at a ceremonial sitting on Friday 17 May 2024, marking the bicentenary of the Supreme Court of NSW where senior judges from Australia, New Zealand, and Singapore attended.^[7]

One major topic was the increasing sophistication of generative AI, such as ChatGPT, which can produce text and images.  Chief Justice Bell highlighted the complex issues these technologies introduce for the legal system.

He pointed out that concerns go beyond the admissibility of evidence and the risk of deepfakes.  As Chief Justice Bell explained:

 “The capabilities of AI, including not only generating documents but also mimicking voices, pose significant risks for fraud or attempted fraud.“

He also noted that AI’s ability to process large volumes of data raises questions about the reliability of expert reports in complex cases.^[8]

Chief Justice Bell emphasised that:

“We need to understand the reasoning behind conclusions, and this is something we must be particularly cautious about.“

Legal professionals using these advanced technologies must be vigilant and accountable for any “hallucinations” or inaccuracies produced by AI.

Links and further references

Legislation

Social Security Administration Act 1999(Cth) s 6A

Migration Act 1958(Cth) s 495A

Veterans’ Entitlements Act 1986(Cth) s 4B

Cases

Mata v. Avianca, Inc., F. Supp. 3d, 22-cv-1461 (PKC), 2023 WL 4114965

Further information about artificial intelligence

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Disclaimer

This article contains general commentary only.  You should not rely on the commentary as legal advice.  Specific legal advice should be obtained to ascertain how the law applies to your particular circumstances.

[1] Digital NSW Government, A common understanding: simplified AI definitions from leading standards, <https://www.digital.nsw.gov.au/policy/artificial-intelligence/a-common-understanding-simplified-ai-definitions-from-leading>.

[2] Digital NSW Government, A common understanding: simplified AI definitions from leading standards, <https://www.digital.nsw.gov.au/policy/artificial-intelligence/a-common-understanding-simplified-ai-definitions-from-leading>.

[3]  Hajkowicz S A, Karimi S, Wark T, Chen C, Evans M, Rens N, Dawson D, Charlton A, Brennan T, Moffatt C, Srikumar S and Tong K J (2019) Artificial Intelligence: Solving problems, growing the economy and improving our quality of life, CSIRO Data61 and the Department of Industry, Innovation and Science, Australian Government, p 2.

[4] Parliamentary Joint Committee on Law Enforcement, Impact of new and emerging information and communication technology (April 2019), p vii.

[5] Australian Human Rights Commission, Human Rights and Technology: Final Report (2021), p 17.

[6]  Australian Government, Department of Industry, Science and Resources, Voluntary AI Standard, Terms and definitions, https://www.industry.gov.au/publications/voluntary-ai-safety-standard/terms-and-definitions.

[7]  Supreme Court of New South Wales, Speech by Chief Justice Andrew Bell on the occasion of the bicentenary of the Supreme Court of New South Wales <https://supremecourt.nsw.gov.au/content/dam/dcj/ctsd/supreme-court/documents/Publications/Speeches/bicentenary-ceremonial-sitting/20240517_CJ_NEWFINAL.pdf>.

[8]  Ibid.

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