Australian Human Rights Commission Human Rights in the Digital Age: Additional Material Submitted to the UN Global Digital Compact, 30 April 2023 (a) work with regulators to build their technical capacity regarding the development and use of AI in areas for which those regulators have responsibility (b) monitor and investigate developments and trends in the use of AI, especially in areas of particular human rights risk (c) provide independent expertise relating to AI and human rights for Australian policy makers (d) issue guidance to government and the private sector on how to comply with laws and ethical requirements in the use of AI. 40 57. Moreover recommendation 23 continued that: The AI Safety Commissioner should: (a) be independent from government in its structure, operations and legislative mandate, but may be incorporated into an existing body or be formed as a new, separate body (b) be adequately resourced, wholly or primarily by the Australian Government (c) be required to have regard to the impact of the development and use of AI on vulnerable and marginalised people in Australia (d) draw on diverse expertise and perspectives including by convening an AI advisory council.41 58. The Commission considers that an AI Safety Commissioner could address three major needs: First, government agencies and the private sector are often unclear on how to develop and use AI lawfully, ethically and in conformity with human rights. An AI Safety Commissioner could provide expert guidance on how to comply with laws and ethical standards that apply to the development and use of AI. Secondly, regulators face the challenge of fulfilling their functions even as the bodies they regulate make important changes to how they operate. An AI Safety Commissioner could play a key role in building the capacity of existing regulators and, through them, of the broader ‘regulatory ecosystem’ to adapt and respond to the rise of AI. Thirdly, legislators and policy makers are under unprecedented pressure to ensure Australia has the right law and policy settings to address risks and take opportunities connected to the rise of AI. An AI Safety Commissioner could monitor trends in the use of AI here and overseas. This would help it to be a source of robust, independent expertise. 14