Publication Date
6-3-2024
Abstract
The use of automated decision-making (ADM) carries an enhanced risk of failure to meet administrative law standards. This Article identifies Australian federal statutory schemes for ADM and instances of non-statutory use of ADM, with a view to evaluating the scope for the risk to be realized. Express provisions for correction of error, internal review avenues, and external review by tribunals and courts may not deliver satisfactory solutions. Despite a promising start, review and reform of the regulation of ADM use has lagged. However, in 2023, the Report of the Royal Commission into Robodebt gave the issue renewed impetus, recommending statutory frameworks for ADM and independent monitoring. That was so notwithstanding that the damage done by Robodebt in raising overpayment debts against social security recipients, which resulted not from ADM per se, but from the encoding of an unlawful policy into the ADM system. The failure to meet administrative law standards was a deliberate and persistent product of human agency. This indicates that reform consisting of reviewing and monitoring the use of ADM needs to be capable of exposing such errors.
Recommended Citation
Allars, Margaret
(2024)
"Automated Decision-Making and Review of Administrative Decisions,"
Georgia Law Review: Vol. 58:
No.
3, Article 8.
Available at:
https://digitalcommons.law.uga.edu/glr/vol58/iss3/8