id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
inlawrev-28360	Sheehy, Benedict; Ng, Yee-Fui	The Challenges of AI-Decision-Making in Government and Administrative Law: A Proposal for Regulatory Design	2024	35	.pdf	application/pdf	16892	871	47	The third is independent monitoring and oversight of government AI decisions. It draws attention to the nature of issues that arise when technology design is deficient in terms of decision-making methodology.5 It also illustrates the importance of government following the rule of law and other administrative law principles, regardless of political orientation.6 Basic legal issues of legality, rule of law, procedural fairness, and accountability—in this case, of the administrative agency, “Centrelink”—came to the fore as matters of concern in addition to the novel transparency issues generated by the technology.7 Among other things, users of the agency’s services were unaware of the use of AI decision-making and enforcement.8 Without that awareness, recipients mistakenly assumed that the attribution and calculation of overpayments had been conducted and checked by humans and, hence, were both appropriate and correct.9 This large-scale, deeply flawed implementation of a government AI system, Robodebt, has harmed vulnerable recipients, reduced public trust in AI-supported government decision-making in Australia, and drawn attention to the need to reconsider the limitations of AI decision-making.10 In particular, there has been renewed interest in developing appropriate regulatory frameworks and systems for AI in government.11 Law traditionally has been conceived of as a set of rules granting authoritative decisions with respect to rights and duties.12 In the context of administrative law, these decisions have been made within an institutional, normative framework where they are contestable and transparent (in terms of 3. COMMONWEALTH OF AUSTL., REPORT OF THE ROYAL COMMISSION INTO THE ROBODEBT SCHEME (2023), https://robodebt.royalcommission.gov.au/system/files/2023-09/rrc-accessible-full- report.	cache/inlawrev-28360.pdf	txt/inlawrev-28360.txt