Artificial intelligence in government

Implementation

Application

This policy took effect on 1 September 2024.

Consistent with other whole-of-government digital policies, all non-corporate Commonwealth entities (NCEs), as defined by the Public Governance, Performance and Accountability Act 2013, must apply this policy.

Corporate Commonwealth entities are also encouraged to apply this policy.

National security carveouts

This policy does not apply to the use of AI in the defence portfolio.

This policy does not apply to the ‘national intelligence community’ (NIC) as defined by Section 4 of the Office of National Intelligence Act 2018.

The NIC includes:

• Office of National Intelligence (ONI)
• Australian Signals Directorate (ASD)
• Australian Security Intelligence Organisation (ASIO)
• Australian Secret Intelligence Service (ASIS)
• Australian Geospatial-Intelligence Organisation (AGO)
• Defence Intelligence Organisation (DIO)
• Australian Criminal Intelligence Commission (ACIC)
• the intelligence role and functions of the Australian Transaction Reports and Analysis Centre (AUSTRAC), Australian Federal Police (AFP), the Department of Home Affairs and the Department of Defence.

Defence and members of the NIC may voluntarily adopt elements of this policy where they are able to do so without compromising national security capabilities or interests.

Existing frameworks

The challenges raised by government use of AI are complex and inherently linked with other issues, such as:

• the APS Code of Conduct
• data governance
• cyber security
• privacy
• ethics practices.

This policy has been designed to complement and strengthen – not duplicate – existing frameworks, legislation and practices that touch upon government’s use of AI.

This policy must be read and applied alongside existing frameworks and laws to ensure agencies meet all their obligations.

Artificial intelligence definition

While there are various definitions of what constitutes AI, for the purposes of this policy agencies should apply the definition provided by the Organisation for Economic Co-operation and Development (OECD):

An AI system is a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. Different AI systems vary in their levels of autonomy and adaptiveness after deployment.

Agencies may refer to further explanatory material on the OECD website.

Given the rapidly changing nature of AI, agencies should keep up to date on any updates or changes to this definition. The definition in this policy will be reviewed as the broader, whole-of-economy regulatory environment matures to ensure an aligned approach.