Brett McGrath, President of the Law Society of New South Wales (NSW), emphasized the importance of not “reinventing the wheel” in the regulation of artificial intelligence (AI) during his address to a NSW Upper House Inquiry into AI. McGrath advocated for the NSW government to consider both domestic and international efforts in AI regulation, suggesting that NSW should build upon and adapt existing frameworks. He pointed out that a flexible, scalable, and principles-based regulatory approach could enable the community to benefit from AI while safeguarding against its potential threats.
McGrath highlighted the need for consistency in AI regulation across Australia, referencing the Commonwealth Government’s consultation on the Safe and Responsible use of AI. He also suggested that NSW policymakers examine international regulatory efforts, such as the European Union’s proposed Artificial Intelligence Act and the United Kingdom’s lighter regulatory approach, to inform their own regulatory strategies.
The Law Society will urge the Inquiry to align with international and national standards, particularly in areas like privacy, cybersecurity, consumer rights, and human rights law. McGrath welcomed the Inquiry’s evaluation of the NSW Government’s AI Strategy, Assurance Framework, and Mandatory Ethical Principles for AI use, citing the Robodebt Scheme’s Royal Commission recommendations as a pivotal example of the need for ethical AI usage.
McGrath, who has prioritized AI and legal profession issues during his presidency, has formed an AI Taskforce composed of tech and legal experts. This taskforce aims to provide expert advice and assistance to the Law Society and the broader solicitor profession in NSW on the implications of AI for legal practice and the justice system. He will be accompanied at the Inquiry hearing by Olga Ganopolsky, Chair of the Law Society’s Privacy and Data Law Committee.