This paper focuses on the uses of artificial intelligence (AI) in public policy and legal practice in the context of good governance. It is an exploratory endeavour that puts at its core two case studies: the Australian “Robodebt Scheme” and the Dutch “Suspicion Machine”. In both cases faulty algorithms have incorrectly assessed the credibility of recipients and marked them as defrauding the government. The outcomes of such initiatives were devastating not only in financial terms, but also in personal terms. For example, based on the algorithm, the Dutch tax authorities penalized penalizes families wrongly on a mere suspicion of fraud thus leading people to suicide and taking children into foster care. Starting from these two cases studies, the paper then explores tow key aspects: 1. The regulatory implications of the AI uses in public policy; 2. The legal implications of using AI as a decision making mechanism/process in the public arena. The paper concludes with a reflection on the ethical dimensions of transparency and accountability as key elements of good governance in the context of AI usage in the public sector.

The Protected Disclosures Act 2022 finally came into being on 1st Jul 2022, after many years in legislative development. The Act promised to make a number of improvements to its predecessor and, perhaps unusually, was backed in part by a major research project into whistleblowing across Australia and New Zealand. In reality the changes to legislation are cosmetic at best, negligible at worst. The major recommendations of the research project were jettisoned before public consultation even ensued. The passage of legislation was packed with submissions by individuals and agencies calling for much greater change, all of which were ignored. At the last eleventh hour final amendments to the Bill were rejected with demonstrably dubious reasons. This paper charts the development of this legislation form somebody who was inside at every stage. The author was the NZ lead for the research project; went on the record during the initial consultation and the committee stages; and helped redraft the legislation with MPs. It will ultimately ask, why has such a long process resulted in barely any change to the legislation and how can this increase trust in a government that claims to want to be kind to each other?