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Law Society of NSW’s stance on NSW AI regulation
With the NSW government’s recent inquiry into artificial intelligence poised to assess its current and future impact on the state, the president of the Law Society of NSW, Brett McGrath, advocates for a collaborative and unified approach to regulation.
Grace Robbie
As artificial intelligence (AI) profoundly reshapes and impacts the world, it necessitates corresponding adaptations within our legal system to address the risks and potential impacts associated with the transformative technology.
Jeremy Buckingham, chair of the premier and finance committee, emphasised the necessity of comprehensive planning and regulation in light of AI’s pervasive influence.
“This is a technology that will touch every aspect of our lives and where failure to plan and to regulate is simply not an option.
“We intend to canvas the top human minds in Australia and globally and study measures in other jurisdictions to mitigate the risk,” Buckingham stated.
However, Brett McGrath, the president of the Law Society of NSW, urged rather than the state government’s attempt to “recreate the wheel”, he advocated for a collaborative approach that leverages existing frameworks and international best practices in regard to AI.
McGrath commented: “AI brings with it many challenges and opportunities, and appropriately flexible, scalable and principles-based regulation will help ensure that the community can both reap the benefit of AI and be protected from its potential threat.”
“The NSW Parliament should build upon and adapt existing approaches that are emerging both in Australian and international jurisdictions and seek consistency with respect to privacy, cyber security, consumer rights and human rights law.”
The Law Society intends to urge the inquiry committee about the need for consistency in Australia’s AI laws and the importance of reflecting on the findings and recommendations major AI reviews like the Commonwealth government’s Safe and Responsible Use of AI in Australia consultation have found.
McGrath also proposed the state government look abroad and draw upon international models for inspiration.
“Policymakers in NSW may also find value in considering overseas efforts to deal with AI regulation, including the European Union’s proposed Artificial Intelligence Act and the more ‘light touch’ approach to AI regulation adopted in the United Kingdom,” McGrath commented.
By reflecting and contrasting on these already established federal and international approaches, McGrath emphasised it provides “NSW with a useful point of comparison as the inquiry, and later, the government decides on the best approach to take to AI regulation”.
McGrath has also shown his support for the state government’s NSW AI Strategy, Assurance Framework and Mandatory Ethical Principles for AI use.
Given the widespread prevalence of AI technology in today’s climate, McGrath has prioritised addressing its impact on the legal profession as one of his key properties during his presidency in 2024.
In order to effectively address this, the Law Society revealed McGrath “has convened an AI taskforce of tech and legal experts to be a trusted source of expert advice and assistance for the Law Society, and, through it, for the solicitor profession across NSW and how AI will affect legal practice and the justice system”.
McGrath, alongside Olga Ganopolsky, chair of the Law Society’s privacy and data law committee, presented these perspectives at the upper house earlier this week (11 March 2024) to shed light on the intersection of AI and legal issues.
