Key developments
- Guidance for transparency in automated decision-making
- Administrative and Judicial Review Legislation Amendment Bill 2026 (Cth)
- Statutory review of the Motor Accident Injuries Act 2017 (NSW)
- Reducing barriers to business dynamism in Australia
- Inquiry into racism, hate and violence directed at Aboriginal and Torres Strait Islander people
Guidance for transparency in automated decision making
In June 2026, the Public Law and Privacy and Data Law Committees contributed to a submission to the Law Council of Australia to inform its submission to the Office of the Australian Information Commissioner (‘OAIC’) in response to its development of guidance for transparency in automated decision making (‘ADM’).
Our submission suggested the guidance should not focus exclusively on the contents of the disclosure required by the Australian Privacy Principles (‘APPs’), but also on the effectiveness of the notice provided to individuals who may be affected by an entity’s use of ADM.
We supported meaningful and accessible information around the use of ADM, including the need for plain language explanations, pathways to enable consumers to request further information and the need to clearly inform affected individuals about whether a decision is reviewable, the applicable time limits and next steps from a procedural point of view. We also suggested that, when the ADM will be used in a decision that could reasonably be expected to significantly affect individuals’ rights or interests, there should be a process that requires entities to alert, in a timely way, affected individuals using clear, simple language.
