The federal government has been accused of "sleepwalking its way into another robodebt" scandal because of a lack of transparency and legislation around its use of algorithms and artificial intelligence in decision-making. The warning comes from Dr Catherine Williams, chief executive of the independent thinktank the Centre for Public Integrity, in a new report titled Computer Says No.
The report, launched on Thursday, examines how government agencies use automated decision-making (ADM) tools and raises concern that Australians may never know whether such systems have shaped decisions affecting them. Among eight recommendations, it calls for a mandatory audit and public register of all government ADM use, and for an independent oversight body with powers to monitor, audit and investigate the government over it.
Williams said the work was driven by mounting concern about an algorithm used within the government's integrated assessment tool (IAT), which assesses the level of home support older Australians are entitled to. The IAT has been found to be routinely under-assessing people's needs and package entitlements, with aged care assessors banned by the government from overriding incorrect algorithmic decisions.
"We have been watching the evidence emerge in relation to the aged care algorithm tool, and becoming increasingly concerned about what is clearly the lack of an appropriate and robust framework to govern use of ADM by the government," Williams said. "It feels as though we are sleepwalking into another robodebt scenario, and that's why we've decided to put this work forward now, in the hope also that it can help inform any framework that the government does propose in relation to ADM."
The attorney general's department has been developing an ADM framework, with public consultation ending in January 2025. Attorney General Michelle Rowland did not respond to questions about when a draft framework might be completed and made public, but said the government "is committed to ensuring the safe and responsible use of ADM to deliver timely and efficient services for the Australian community". She said the framework would implement recommendations from the royal commission into robodebt.
A report from the commonwealth ombudsman, published in October, found transparency recommendations from the robodebt royal commission had been ignored by the government in developing and rolling out the IAT. Rowland did not say whether any framework would be retrospective, but said it "will be designed to improve accuracy and consistency of administrative decisions, embed robust safeguards, including transparency obligations, and ensure that ADM is used lawfully, responsibly, and with appropriate human oversight". She added that it would also lift productivity and help deliver faster, more reliable services.
In September, independent MP Kate Chaney introduced a private member's bill to establish the first legislated, mandatory framework for ADM use by the government, noting that the attorney general department's consultation process "finished almost two years ago". "I have met with the attorney general about it and they say 'We're working on it'," she said. "I think it's really important that we keep the pressure up so that it doesn't get dropped because it's too hard."
Chaney said government departments are making decisions about ADM use with little consistency or transparency, and that while automating decision-making can help deliver the public service cost savings the government wants, trust in government is low. "There does need to be transparency about when decisions are automated, and when it's not appropriate for those to be automated, for people to be able to get a clear understanding of why the decision was made and to be really clear about what the pathways are to review that decision," she said. "This is what people expect of government."
