Retrofitters, pragmatists and activists: Public interest litigation for accountable automated decision-making

This research paper examines how public interest litigation can promote accountability for AI and automated decision-making systems in Australia through existing legal frameworks. The study identifies strategies for adapting traditional laws to address modern AI governance challenges, highlighting the need for institutional arrangements to support effective litigation.

• →Public interest litigation serves as a key mechanism for AI accountability when regulatory frameworks are insufficient.
• →The approach involves 'legal retrofitting' - adapting existing laws to address new AI and automated decision-making challenges.
• →Effective AI governance requires institutional arrangements beyond just litigation to ensure accountability.
• →The research provides practical strategies for litigators, advocacy groups, and policymakers dealing with AI harm.
• →Australia's legal system shows both potential and limitations for addressing AI accountability through existing law.