An assessment of Australia’s approach to AI regulation
In December 2025, the Australian Government announced it would not proceed with mandatory guardrails for artificial intelligence (AI) and instead rely on existing laws to address AI harms. This decision was informed by a ‘gap analysis’ of where laws and regulations needed to be reformed in light of the impact of AI. It was also premised on extensive work being undertaken across the Commonwealth to review and reform regulatory frameworks.
Global Shield Australia has produced the first independent assessment of that December 2025 decision and catalogue of work underway to uplift Australia’s regulatory response to AI risk.
The Guardrails & Gap Analyses report is informed by freedom of information requests to forty Commonwealth agencies and extensive desktop research that identified 50 separate processes considering the impact of AI on Australia’s regulatory environment.
Our report finds that work on the impact of AI is underway across almost all Commonwealth portfolios. However, the depth and quality of this work vary considerably. Significant issues raised by experts remain unaddressed, and measures to prevent serious and catastrophic threats require greater prioritisation and urgency. Overall, in the absence of AI-specific regulation, the report recommends that greater coordination, transparency, and urgency of regulatory reforms are needed for Australia to keep pace with the speed of AI’s development. It also finds there remains a strong case for AI-specific legislation, if Australia aims to lead on responsible, safe and secure AI.
Global Shield Australia will be hosting a webinar on 3 September at 12 noon (AEST) to discuss our findings and recommendations. Register your attendance here.
Read our full report here:
The report finds that:
The report recommends that the Government:
Recommendation 1: The Office of AI should commission and publish a National AI Risk Assessment (NAIRA)
The Office of AI should commission and publish a comprehensive assessment of Australia’s exposure to AI-related risk, considering the full range of AI risks — including prospective, cross-cutting and potentially catastrophic risks — and the effectiveness of Australia’s regulatory frameworks. This analysis would establish a shared basis for prioritising and funding reviews and reforms.
Recommendation 2: The Government should legislate mandatory monitoring and reporting of serious AI incidents
The Government should establish a mandatory monitoring and reporting mechanism for serious AI incidents, harms, and near misses, to give agencies the visibility needed to prioritise reforms. The National AI Plan commits the Australian AI Safety Institute (AISI) to monitor AI risks and harms, and regulators to identify, assess and address AI-related harms. AI incident monitoring and reporting would provide the evidence base to enable these bodies to do this work. Established models, in specific sectors in Australia and for AI overseas, could inform the design of such a mechanism. These include Australia’s reporting regimes for aviation, therapeutic goods, and ransomware payments, and the incident reporting obligations in the European Union’s AI Act and California’s Transparency in Frontier Artificial Intelligence Act.
Recommendation 3: The Department of Industry, Science and Resources (DISR) or the Office of AI should coordinate and publicly report on AI-related reviews and reforms
DISR or the Office of AI should be funded to coordinate and track the ongoing reviews and reforms of regulatory frameworks. This should also involve a public, whole-of-government register of AI-related reforms and reviews, and annual reports to Parliament.
Global Shield Australia has set out the benefits of such a scheme and how it would work. Read our brief here: AI Incident Monitoring & Reporting for Australia
Recommendation 4: The Joint Select Committee on AI should use its inquiry to examine options for mitigating risk created primarily at the model level of the AI supply chain
The Joint Select Committee on AI’s inquiry is a key opportunity to review the role of frontier AI developers and the regulatory interventions available to mitigate risk at the level of AI models, where controls can be most effective across multiple policy areas. The Committee should consider and make recommendations on Australia’s ability to regulate frontier AI developers, how best to address model-level risk, and options for Australia to contribute to international rules and norms on AI. The Committee should also review obligations legislated in overseas jurisdictions (including the European Union, South Korea, Vietnam, California and New York) and identify which may be suitable for Australia to adopt. This is particularly important to inform the design of the Australian Standards for AI, which are expected to come to Parliament in early 2027.
Recommendation 5: The Government should provide specific funding for AI-related reviews and reforms and set clear timeframes for their conclusion
The Australian Government should fund priority review and reform processes, based on the NAIRA (Recommendation 1), with dedicated expertise and clear timeframes. Increased funding for the AISI would also enable it to better achieve its mandate to support agencies in their reviews and reforms.
Recommendation 6: The Government should enact framework or coordinating legislation to support the AI-related reviews and reforms
The Government should enact framework legislation setting baseline, cross-cutting expectations, definitions, and obligations to support the range of AI-related reviews and reforms taking place. This could include rules on attribution and liability for AI agents, information-sharing provisions, and foundational obligations (such as to manage risk when developing or deploying AI models). It could also include mandatory incident monitoring and reporting (Recommendation 2), obligations arising from the review of frontier AI developers (Recommendation 4), and empower a coordinating body to oversee and report on Australia’s AI-related reforms.
As the capabilities of AI systems continue to rapidly increase, risks that were once just speculative are becoming present dangers. This includes risks of catastrophic-level harms that cannot be easily responded to or recovered from. The National AI Plan’s third pillar commits the Government to “keep Australians safe”. This report provides an assessment of Australia’s progress towards meeting that aim and concrete actions to enable the Government to deliver on that commitment.
The Guardrails & Gap Analyses report is informed by FOI requests with 40 Commonwealth agencies across the full range of portfolios. The request sought documents and communications relating to the AI gaps analysis process referenced by Minister Tim Ayres in Senate Estimates in February. Of the 40 submitted requests, only three resulted in document releases: namely, the Department of Home Affairs, the Digital Transformation Agency, and IP Australia.
The documents released are available here: