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4 results

  • 9 - Law and Empathy in the Automated State

  • from Part III - Synergies and Safeguards
  • Edited by Zofia Bednarz, University of Sydney, Monika Zalnieriute, University of New South Wales, Sydney
  • Book:
    <i>Money, Power, and AI</i>
    Published online:
    16 November 2023
    Print publication:
    30 November 2023, pp 173-188
    • Chapter
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      • Open access
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  • Summary

    In the future, administrative agencies will rely increasingly on digital automation powered by AI. Can U.S. administrative law accommodate such a future? Not only might an automated state readily meet longstanding administrative law principles, but the responsible use of AI might perform even better than the status quo in terms of fulfilling administrative law’s core values of expert decision-making and democratic accountability. AI governance clearly promises more accurate, data-driven decisions. Moreover, due to their mathematical properties, AI and ADM tools might well prove to be more faithful agents of democratic institutions. Yet even if an automated state was smarter and more accountable, it might risk being less empathic. Although the degree of empathy in existing human-driven bureaucracies should not be overstated, a large-scale shift to the use of AI tools by government will pose a new challenge for administrative law: ensuring that an automated state is also an empathic one.

  • 6 - A New ‘Machinery of Government’?

  • from Part II - Automated States
  • Edited by Zofia Bednarz, University of Sydney, Monika Zalnieriute, University of New South Wales, Sydney
  • Book:
    <i>Money, Power, and AI</i>
    Published online:
    16 November 2023
    Print publication:
    30 November 2023, pp 116-135
    • Chapter
      • You have access
      • Open access
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  • Summary

    Governments are increasingly adopting artificial intelligence (AI) tools to assist, augment, and even replace human administrators. In this chapter, Paul Miller, the NSW Ombudsman, discusses how the well-established principles of administrative law and good decision-making apply, or may be extended, to control the use of AI and other automated decision-making (ADM) tools in administrative decision-making. The chapter highlights the importance of careful design, implementation and ongoing monitoring to mitigate the risk that ADM in the public sector could be unlawful or otherwise contravene principles of good decision-making – including consideration of whether express legislative authorisation for the use of ADM technologies may be necessary or desirable.

  • Homelessness and the ‘over-judicialisation’ of welfare

  • Emma Laurie
  • Journal:
    Legal Studies / Volume 41 / Issue 1 / March 2021
    Published online by Cambridge University Press:
    18 September 2020, pp. 39-54
    Print publication:
    March 2021

  • Members of the senior judiciary have expressed concern about the ‘over-judicialisation’ of welfare in the context of homelessness decision-making and adjudication. This paper examines how those fears have been manifested and makes a link with the concept of proportionate dispute resolution (PDR). It argues that the statutory scheme incorporates elements of PDR and judges should therefore refrain from introducing additional layers. The courts’ denial of the application of Article 6 of the European Convention on Human Rights to the homelessness context is disputed, and the paper makes the case for continuing rigorous judicial oversight of front-line decision-making, recommending that attention is focused on assessing procedural safeguards rather than disputing the ambit of Article 6.

  • Integrated Decision-Making in Response to Weapons of Mass Destruction Incidents: Development and Initial Evaluation of a Course for Healthcare Professionals

  • Erica Pryor, Emily Heck, Linda Norman, Betsy Weiner, Rick Mathews, James Black, Thomas Terndrup
  • Journal:
    Prehospital and Disaster Medicine / Volume 21 / Issue 1 / February 2006
    Published online by Cambridge University Press:
    28 June 2012, pp. 24-30
    Print publication:
    February 2006
  • Introduction:

    Standardized, validated training programs for teaching administrative decision-making to healthcare professionals responding to weapons of mass destruction (weapons of mass destruction) incidents have not been available. Therefore, a multidisciplinary team designed, developed, and offered a four-day, functional exercise, competency-based course at a national training center.

    Objective:

    This report provides a description of the development and initial evaluation of the course in changing participants' perceptions of their capabilities to respond to weapons of mass destruction events.

    Methods:

    Course participants were healthcare professionals, including physicians, nurses, emergency medical services administrators, hospital administrators, and public health officials. Each course included three modified tabletop and/or real-time functional exercises. A total of 441 participants attended one of the eight course offerings between March and August 2003. An intervention group only, pre-post design was used to evaluate change in perceived capabilities related to administrative decision-making for weapons of mass destruction incidents. Paired evaluation data were available on 339 participants (81.9%). Self-ratings for each of 21 capability statements were compared before and after the course. A 19-item total scale score for each participant was calculated from the pre-course and post-course evaluations. Paired t-tests on pre- and postcourse total scores were conducted separately for each course.

    Results:

    There was consistent improvement in self-rated capabilities after course completion for all 21 capability statements. Paired t-tests of pre- and postcourse total scale scores indicated a significant increase in mean ratings for each course (all p <0.001).

    Conclusion:

    The tabletop/real-time-exercise format was effective in increasing healthcare administrators' self-rated capabilities related to weapons of mass destruction disaster management and response. Integrating the competencies into training interventions designed for a specific target audience and deploying them into an interactive learning environment allowed the competency-based training objectives to be accomplished.