As Australia faces an AI-generated future, a human rights act is needed more than ever

Summary

The article argues that Australia’s lack of a comprehensive federal human rights law creates growing risks as artificial intelligence, automated decision-making and opaque algorithms influence access to information and essential services. It says the federal government has proposed a digital duty of care and is advancing GovAI, including requirements for agencies to appoint chief AI officers by July and update privacy statements by December. However, the article maintains that current rules do not adequately require disclosure of algorithms, business rules or decision-making processes, nor guarantee human review of automated decisions. The main case study is the automated integrated assessment tool (IAT), introduced to determine older Australians’ eligibility and access to aged-care services. According to the article, state health officials quickly identified inappropriate outcomes and warned that vulnerable people could suffer catastrophic consequences without a discretionary human-override pathway. Delays or denials of care could increase pressure on hospitals and residential aged-care facilities. The article also contrasts the Aged Care Act’s stated commitments to dignity, respect and independence with an implementation system focused on transactions, care minutes, queues and algorithmic rationing. It argues that, despite formal rights language and complaints mechanisms, older people may lack fully enforceable legal remedies when those rights are breached. Kate Chaney’s private member’s bill is presented as a limited parliamentary challenge to the current approach.