5. Regulating AI: the big picture
5. Regulating AI: the big picture - Victorian Law Reform Commission
This research paper makes recommendations for a Victorian government approach to managing records created by or using artificial intelligence technologies. It explores international approaches to regulating AI, existing assessment and documentation tools, and existing Public Record Office Victoria guidance. Finally, it recommends developing general AI topic advice, generative AI guidance focusing on accuracy, and connecting Victorian agencies with useful external assessment resources.
Summary and content fields are drawn from the document text and are pending editorial review.
Who issued it
Who it governs
This document is for Victorian government public offices, information managers, and policy makers looking to understand recordkeeping obligations and approaches for artificial intelligence.
What the document contains
The document covers international regulatory frameworks for artificial intelligence, common types of AI and their recordkeeping implications, risks and harms associated with AI use, and recommendations for developing Victorian government recordkeeping guidance and policies.
The document does not provide binding legislation or enforceable legal standards, as it is a research paper making recommendations to inform future advice.
- The paper outlines international regulatory approaches from the EU and the US to inform Victorian recordkeeping practices.
- Different types of AI present distinct recordkeeping challenges, ranging from automated decision transparency to generative AI accuracy and hallucinations.
- Public Record Office Victoria needs new policy advice specifically covering generative AI to ensure accurate capture of business records.
- Existing global frameworks and assessment tools can be utilized by Victorian government agencies as external resources.
- A multi-disciplinary and collaborative approach is necessary to manage records of AI across the Victorian government.
· Executive Summary · Introduction · AI Technologies and Recordkeeping · Regulatory Frameworks and AI · An approach to AI and Recordkeeping in Victoria · Conclusion · Appendix One: Common Types of AI · Appendix Two: Risks and Harms and their Mitigation · Appendix Three: Good Recordkeeping and AI · Appendix Four: Ethical Principles and Recordkeeping · Appendix Five: Glossary · Appendix Six: References
How it scores
Each score is backed by a quote verified against the document text. Editorial review has not yet confirmed them.
Accountability
3/5Clear responsibility for AI outcomes
Be transparent and accountable regarding ownership and responsibility in relation to all types of AI used.
Appendix Three: Good Recordkeeping and AI
screening score · 2026-10-23
Fairness
3/5Non-discrimination and equitable treatment
Use of AI will include safeguards to manage data bias or data quality risks, following best practice and Australian Standards
Appendix Four: Ethical Principles and Recordkeeping
screening score · 2026-10-23
Human Dignity
0/5Respect for the inherent worth of persons
screening score · 2026-10-23
Human Oversight
3/5Humans remain in control of consequential decisions
Human alternatives, consideration, and fallback: You should be able to opt out, where appropriate, and have access to a person who can quickly consider and remedy problems you encounter.
USA
screening score · 2026-10-23
Privacy
3/5Protection of personal data and private life
Data privacy: You should be protected from abusive data practices via built-in protections, and you should have agency over how data about you is used.
USA
screening score · 2026-10-23
Transparency
4/5Openness about how AI systems work and are used
Generative AI technologies are to comply with the following transparency measures: o Disclose that the content was generated by AI.
European Union
screening score · 2026-10-23
Enforcement
1/5Consequences and compliance mechanisms with real force
PROV has advice covering decision making and AI in the Approval Processes Policy.
Victoria
screening score · 2026-10-23