Australia Needs a Human Rights Act to Protect Against AI Risks 2026

Australia faces an urgent need for a human rights act as artificial intelligence and automated decision-making increasingly shape daily life. Without proper legislation, rights risk being eroded by opaque algorithms and computers that say no.

Why Australia Needs a Human Rights Act Now

As we hurtle towards a post-human future, the absence of a human rights act in Australia will put us all at ever greater risk. Human rights, which the Australian parliament has never managed to properly legislate despite overwhelming public support, risk becoming a dimly remembered artefact of another age at precisely the moment we need them most.

Artificial – authoritarian – intelligence, automated decision-making, independent assessment tools and algorithms will shape the lives we live and the public support we receive. But human rights are not adequately legislated in Canberra – despite the recommendation of a parliamentary committee, a huge petition and campaign and effective laws in Victoria, Queensland and ACT.

How AI and Algorithms Threaten Human Rights

Now rights can easily be lost in an environment shaped by opaque algorithms and computers that say no. The government has been patting itself on the back with its proposed digital duty of care – “my feed my way”, as the prime minister announced with uncharacteristic pithiness. It aims to introduce limits on the algorithms perfected by the global surveillance giants and give Australians the right to help shape the information they receive (but not its accuracy).

Meanwhile, the government is racing to use similar tools to determine how much support people receive for essential services when they need them most. Kate Chaney’s private member’s bill is the only sign of legislative pushback, but it faces an uphill battle.

Key Takeaways

• Australia lacks a national human rights act, leaving citizens vulnerable to AI-driven decisions.
• Automated decision-making is increasingly used in essential services, with little transparency.
• The proposed digital duty of care focuses on feed control, not accuracy or rights protection.
• Victoria, Queensland, and ACT have human rights laws, but federal protection is missing.
• Urgent action is needed to safeguard rights in the age of AI.

Comparing Human Rights Protections: Australia vs. Select Regions

The Path Forward: Legislating Human Rights in the AI Era

Australia must enact a federal human rights act that includes robust protections against automated decision-making. Such legislation should mandate transparency, accountability, and the right to human review for AI-driven decisions. Without it, the most vulnerable – those relying on public support – will bear the brunt of algorithmic harm.

Kate Chaney’s bill is a start, but it needs broad support. The government’s digital duty of care is insufficient because it doesn’t address accuracy or the full spectrum of rights. A comprehensive human rights act would fill these gaps and ensure that technology serves people, not the other way around.

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