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
If your business needs advice on any aspect of artificial intelligence, contact us for a confidential and obligation-free discussion:
Malcolm Burrows B.Bus.,MBA.,LL.B.,LL.M.,MQLS.
Legal Practice Director
T: +61 7 3221 0013 (preferred)
M: +61 419 726 535
E: mburrows@dundaslawyers.com.au
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>.
Related insights about artificial intelligence
-
NSW announces proposed criminalisation of AI deepfakes
In response to an April 2025 NSW parliamentary report which identified gaps in the State’s Crimes Act 1900 (NSW) (NSW Crimes Act), the Minns Labour Government have announced their intention to criminalise the creation and distribution of sexually explicit deepfakes and intimate images.
-
Minister rules out copyright exemptions for AI
On 6 August 2025, during an interview on ABC News Breakfast, the Minister for Industry, Mr Tim Ayres, addressed the Federal Government’s position on the regulation of artificial intelligence (AI) in Australia. At approximately four (4) minutes and fifty-three (53) seconds into the segment, the Minister confirmed that there are “no plans to make changes”…
-
Malcolm Burrows on ABC’s “Legal Eagles” segment – artificial intelligence law
On 30 July 2025, Malcolm Burrows appeared live on Katherine Feeney’s ABC Radio program, “Legal Eagles” as the Technology and Intellectual Property Lawyer to discuss legal issues associated with the adoption of artificial intelligence.
-
Risks when implementing retrieval-augmented generation systems
Retrieval-augmented generation (RAG) is an artificial intelligence (AI) system architecture that combines large language models (LLMs), such as GPT-4, with external data retrieval processes.
-
Canva – who owns the artwork created by users?
The general rule about ownership of copyright in a literary or artistic work is that copyright vests in the ‘original author’, as per section 35(2) of the Copyright Act 1968 (Cth) (Copyright Act). From there, ownership depends on whether or not the original author is doing the work within the scope of their employment, in…
-
New OAIC guidance on Artificial Intelligence
On 21 October 2024, the Office of the Australian Information Commissioner (OAIC) published two (2) new guides on artificial intelligence (AI), purportedly in effort to make privacy compliance easier for business.
-
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…
-
Updated USPTO guidelines on AI assisted inventions
In response to the Biden administration’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence on 30 October 2023, which outlined policies and principles to promote responsible Artificial Intelligence innovation and competition, the United States Patent and Trademark Office (USPTO) issued inventorship guidance for artificial intelligence (AI) assisted inventions. These…
-
Australian Court: AI can’t be “inventor” in Australian patent
The Federal Court of Australia has made a groundbreaking ruling on the patentability of works created by Artificial Intelligence. Explore the implications of this decision and what it could mean for the future of patent law.
