Terms of Reference

1. Purpose

  1. 1.1 The AI Review Committee (the Committee) assists the Australian Government to maximise the opportunities and benefits of AI, while responsibly managing potential risks and harms.
  2. 1.2 The Committee will achieve this by:
    1. 1.2.1 working constructively to support the accelerated and safe adoption of AI
    2. 1.2.2 recognising the opportunities of safe, responsible AI innovation to deliver better services for Australians and drive public service efficiency
    3. 1.2.3 maintaining public trust and confidence by enabling the benefits of AI while protecting Australians from harm
    4. 1.2.4 providing non-binding advice that is informed by expertise and supports practical and effective action.

2. Scope of responsibility

  1. 2.1 The Committee considers the use of AI by non-corporate Commonwealth entities that are subject to the Policy for the responsible use of AI in government (the AI policy).
  2. 2.2 The Committee will review and provide non-binding advice on AI use cases, before they are deployed, that an agency has either:
    1. 2.2.1 assessed as having a residual high-risk rating
    2. 2.2.2 identified as highly sensitive, novel or complex.
  3. 2.3 The Committee may also consider any Australian Government AI use case that may benefit from Committee advice, including deployed use cases. The referral of such use cases to the Committee will be considered on a case-by-case basis.
  4. 2.4 The review of AI use cases may consider, but is not limited to providing advice on:
    1. 2.4.1 the extent to which the proposed AI solution would deliver the desired outcome
    2. 2.4.2 whether AI risks have been appropriately identified and considered
    3. 2.4.3 the adequacy of proposed AI risk mitigations
    4. 2.4.4 alignment of the AI use case with Australia’s AI Ethics Principles and whole of government AI related policies and frameworks.
  5. 2.5 The Committee will also review agencies’ responses to serious AI incidents to understand root causes, identify lessons to prevent similar incidents and strengthen future incident responses across government.
  6. 2.6 The Committee will only review serious AI incidents after the agency has concluded incident response activities.
  7. 2.7 The Committee will only consider information security classified up to and including the PROTECTED level.
  8. 2.8 The Committee’s non-binding advice reflects the consensus position of its members.
  9. 2.9 The advice provided by the Committee will not:
    1. 2.9.1 constitute or be taken as any form of endorsement, sanction, immunity or compliance advice with respect to any AI use case
    2. 2.9.2 impact or represent the functions of individual members of the Committee in their respective professional capacities.

3. Accountability and reporting

  1. 3.1 The Committee is accountable to the Minister for Finance for the performance of its functions as set out in these terms of reference.
  2. 3.2 Committee operations are guided and administratively supported by the DTA.
  3. 3.3 Following each meeting, the DTA will provide the minister with meeting minutes, and the advice issued to agencies.
  4. 3.4 The Committee Secretariat will maintain official records supporting the Committee’s reporting obligations, including agendas, minutes and reports.

4. Transparency

  1. 4.1 These terms of reference and membership of the Committee will be published on digital.gov.au.
  2. 4.2 The Committee will publish communiques on meeting outcomes on digital.gov.au.

5. Membership

  1. 5.1 The Committee will consist of up to 6 members, including the Chair.
  2. 5.2 The Chair will be appointed by the Minister for Finance, in consultation with the Chief Executive Officer (CEO) of the DTA and, where appropriate, the head of the prospective Chair’s agency.
  3. 5.3 The Chair will be appointed for an initial term of 2 years and may be reappointed subject to Committee requirements.
  4. 5.4 Members will be appointed by the Minister for Finance, in consultation with the Committee Chair, the CEO of the DTA and, where appropriate, the head of the prospective member’s home agency.
  5. 5.5 Members are appointed for an initial term of 2 years and may be reappointed subject to Committee requirements.

6. Conditions of appointment

  1. 6.1 Members are not remunerated for their contribution to the Committee.
  2. 6.2 Members with regulatory functions are not constrained in exercising those functions with respect to any act, practice or agency which is subject to review by the Committee.
  3. 6.3 Members must agree to their name and Committee membership being published on digital.gov.au.
  4. 6.4 Upon appointment, members will be provided with:
    1. 6.4.1 these terms of reference
    2. 6.4.2 the AI policy and other frameworks related to Australian Government AI adoption.
  5. 6.5 Members are required to become familiar with Australian Government policies and frameworks related to government AI adoption.
  6. 6.6 It is expected that members will be available for Committee meetings.
    1. 6.6.1 If a member is unable to attend, they may seek approval via the Secretariat from the Chair to send a proxy. Proxies must be appropriately skilled and experienced.
  7. 6.7 The appointment of any member may be terminated if the Chair is of the opinion that it is necessary for the proper and effective functioning of the Committee.

7. Conflicts of interest

  1. 7.1 Members must disclose any associations or interests that may represent an actual, potential or perceived conflict of interest at the time of appointment and at the beginning of each meeting.
  2. 7.2 Members must recuse themselves from Committee deliberations and advice where:
    1. 7.2.1 the member’s home agency presents a use case for review
    2. 7.2.2 the member becomes aware that a use case presented for review is linked to a matter, complaint or investigation involving their home agency.
  3. 7.3 The Secretariat maintains a record of all disclosed associations and interests.

8. Role of Chair

  1. 8.1 The Committee Chair’s duties and responsibilities include, but are not limited to:
    1. 8.1.1 upholding the responsibilities of the Chair role in accordance with these terms of reference
    2. 8.1.2 providing leadership and impartial guidance to the Committee to uphold its commitment to innovation that is both ambitious and responsible, ensuring that the benefits of AI are realised in ways that upholds public trust
    3. 8.1.3 preparing for and chairing Committee meetings, including managing disclosure of interest declarations and the business of meetings in accordance with the meeting agendas
    4. 8.1.4 facilitating constructive debate, ensuring all members can share their views
    5. 8.1.5 identifying points of agreement and disagreement and judge when a sufficient degree of consensus has been reached
    6. 8.1.6 reviewing and approving meeting minutes, reports and public communiques, in accordance with the reporting and transparency provisions at sections 3 and 4
    7. 8.1.7 assisting with recruitment and onboarding of the Committee members.
  2. 8.2 The Chair may delegate responsibilities to another Committee member if the Chair:
    1. 8.2.1 is unable to attend a meeting
    2. 8.2.2 recuses themselves from a meeting due to an actual, potential or perceived conflict of interest
    3. 8.2.3 is unable to fulfil their responsibilities for any other reason.

9. Governance and operations

  1. 9.1 The Committee will apply the AI-related definitions provided in the AI policy. Where a term is not defined in the AI policy, the Committee will refer to the AI technical standard in the first instance.
  2. 9.2 The Committee convenes meetings on an as-needed basis to fulfil its responsibilities and address matters as they arise.
  3. 9.3 A quorum for a Committee meeting is 4 appointed members. If a quorum is not met, a meeting may still proceed at the discretion of the Chair.
  4. 9.4 The Committee may consult any person it considers has relevant expertise, provided there is no conflict of interest and security obligations are met.
    1. 9.4.1 Any person consulted for external advice must disclose any associations or interests that may represent an actual, potential or perceived conflict of interest.
    2. 9.4.2 The Committee may require the person to make an undertaking of confidentiality.
    3. 9.4.3 Such persons do not participate in formulating the Committee’s final advice.
  5. 9.5 Following consideration of an AI use case, the Secretariat will draft the Committee’s non‑binding advice to the submitting agency, consistent with the outcomes of the Committee’s deliberations. The advice must be approved by the Chair before being provided to the agency. The Chair may consult Committee members before finalising the advice to confirm alignment with the Committee’s deliberations.
  6. 9.6 The Committee’s terms of reference and effectiveness will be reviewed at least annually, or earlier where agreed by Committee members.

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