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Risk, Rule-setters and Rule-takers: Regulatory approaches to risk in AI-supported and AI-automated decision-making for general welfare

Focus Areas: News and Media, Transport and Mobility, Health, and Social Services
Research Programs: Institutions
Status: Active

This project seeks to scope several approaches to deal with Automated Decision-Making and Decision-Support Systems-Related Risks (ADM/DSS RR) through norms and provide an evaluation of those approaches for their consideration in regulatory contexts.

The standpoint is to look at risk control of those systems beyond ethics or social principles and focus the discussion on the possible interventions from the regulator’s perspective.

The overarching questions and sub-questions guiding this project are:

  • What is risk in an ADM / DS System?
    – Is it possible to define it?
    – How is it different from technological risk?
    – How is it different from the concept of risk in
    – Are all “potential harms” risks of and ADM/DSS?
    – Is there a concept of risk usable for regulatory
  • What types of risks are common and which ones specific to ADM/DSS?
    – Due to the nature of the risk?
    – Due to the scale of the risk?
  • What is an acceptable risk:
    – From the point of view of society as a whole
    – From the point of view of the most vulnerable groups
    – From the point of view of the owner of the AI system
    – From the point of view of the users of the system
  • Can risk be separated from questions of liability/ responsibility or do they need to be regulated together?


Acceptable risks in Europe’s Proposed AI Act: Reasonableness and other principles for deciding how much risk management is enough, 2023

Bello y Villarino, J.M., Fraser, H.

Journal article

The Tale of Two Automated States: Why one-size-fits-all approach to administrative law reform to accommodate AI will fail, 2023

Bello y Villarino, J.M.

Book chapter

International Human Rights, Artificial Intelligence, and the Challenge for the Pondering State: Time to Regulate? 2022

Bello y Villarino, J.M., et al.

Journal article

Legal Issues Around Autonomous Systems – Civil Liability, Fault and System Safety, 2022

Fraser, H.

Conference paper

AI Opacity and Explainability in Tort Litigation, 2022

Snoswell, A., Fraser, H., Simcock, R.

Conference paper

Where residual risks reside: A comparative approach to art 9(4) of the EU’s Proposed AI Regulation, 2021

Bello y Villarino, J.M, Fraser, H.

Working paper


Kimberlee Weatherall

Prof Kimberlee Weatherall

Chief Investigator,
University of Sydney

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ADM+S Chief Investigator Nic Suzor

Prof Nicolas Suzor

Chief Investigator,

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José-Miguel Bello y Villarino

Dr José-Miguel Bello Villarino

Research Fellow,
University of Sydney

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Henry Fraser

Dr Henry Fraser

Research Fellow,

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Gradient Institute

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