Digital Governance and Neoliberalism: The Evolution of Machine Learning in Australian Public Policy

Abstract

Increasingly, government agencies are using computers to automate decisions about citizens. Often, the reason proffered for this is increased efficiency. This article reveals the extent to which computer automated decision-making processes in government are being legislatively adopted, provides an overview of the risks associated with such incorporation and analyses the limited extent to which the parliament has considered these associated risks. We analysed 35 core pieces of Commonwealth legislation that allow computers to make decisions on behalf of the administrative decision-maker. The Commonwealth government has authorised at least 35 of its agencies to use computers to make decisions and in doing so has expanded its power. This has occurred without much debate. We reviewed the associated secondary materials – including second reading speeches and parliamentary debates – to understand the level of discussion on the issue. Surprisingly, our analysis reveals that most amendments have passed with little to no debate. While the drive for governmental efficiency is commendable, failing to adequately debate the risks involved in automating administrative decisions undermines core administrative law principles and exposes governmental agencies and, more importantly, the Australian population to the risk of serious error. This article calls for increased debate before these authorisations are made and the incorporation of audit and review processes to control the use of this power by government agencies ex post.