Australia’s Software-Assisted Decision Duty

All three conditions matter: APP entities arrange software using someone’s personal data when deciding or informing that decision substantially and directly; significant effects on that person’s rights or interests must be reasonably foreseeable.

Guidance includes rules-based and AI software, including generative tools and supplier-operated systems. Human sign-off is not an exemption; mere word processing or recording is different. Assess impact and vulnerability, not labels or nominal overrides.

Policies must plainly describe data types, program-only and qualifying assisted decisions in meaningful groups. The duty demands no published code or model parameters and creates no general individual explanation right. Post-commencement decisions count despite earlier arrangements, data collection or processing.

Map outcomes, affected people, inputs, scores, rankings, recommendations, approvals, refusals and system/human hand-offs. Record reviewers’ visibility and real override; sample challenges, acceptance and rejection. Check suppliers’ inputs and outputs against operations, not contracts alone. Document inclusion/exclusion reasons; obtain privacy/legal wording review. Keep evidence; review wording after workflow changes.

This preparation method adds no statutory duties. General information, not legal advice.