Australia: New Technology

The Office of the Australian Information Commissioner (OAIC) has published updated guidance for entities considering using facial recognition technology (FRT) in high-volume, publicly accessible physical spaces, like retail shopfronts.

Generative AI can be a valuable tool in legal practice, but using public AI platforms with confidential or privileged information can create significant risks. We examine two recent overseas decisions and what they may mean for Australian businesses, insurers and lawyers when it comes to preserving legal professional privilege and maintaining confidentiality.

South Australia has announced a Royal Commission into Artificial Intelligence, set to commence in October 2026 and deliver findings by July 2027. The inquiry will examine AI's economic and social impacts across policy, education, public services, workforce transformation, and infrastructure. Businesses using or developing AI should prepare for potential regulatory reforms and consider engaging with the inquiry process.

Once the domain of government agencies, today the global space landscape is increasingly driven by private organisations pursuing a more entrepreneurial and commercial utilisation of space. We have come to depend on space-enabled technologies, such as satellite-based services, for everyday activities including navigation, telecommunications, weather forecasting, emergency management, banking, mining, agriculture and transportation.

Australian patent law requires every invention to qualify as a 'manner of manufacture' under the Statute of Monopolies, yet this centuries-old concept continues to evolve through landmark litigation. The recent Aristocrat v Commissioner of Patents case has reshaped how courts assess computer-implemented inventions, while decisions like D'Arcy v Myriad Genetics have clarified boundaries for biotechnology patents, creating critical implications for businesses evaluating IP portfolios and freedom to operate.

As artificial intelligence becomes embedded in Australian workplaces—allocating tasks, monitoring fatigue, and detecting hazards—businesses face critical questions about managing AI-related WHS risks and whether they may be legally required to implement AI systems to meet existing safety obligations.

The Australian Securities and Investments Commission (ASIC) has issued an open letter to all AFS licensees and market participants calling for urgent action to strengthen cyber resilience in response to the evolving threat posed by artificial intelligence models (the ASIC Letter).

Japan, as Australia’s fourth-largest foreign investor, has agreed to strengthen bilateral collaboration with Australia, including in the growing technology sector. This will facilitate closer collaboration between the two countries on critical technologies, artificial intelligence, digital ecosystems, research and development and cybersecurity.

New South Wales has introduced Australia's first express statutory duty directed at digital work systems, including algorithmic work allocation, performance metrics and worker surveillance. The Work Health and Safety Amendment (Digital Work Systems) Act 2026 requires NSW Government agencies to proactively assess and manage risks arising from AI, algorithms and automated platforms used to allocate work.