Capability 6.2.3
Regulatory & Oversight Capability
Definition
The institutional capacity of regulators and oversight bodies to implement, monitor and enforce AI-related laws and standards. Encompasses skills, resources, coordination mechanisms, and innovation-friendly approaches such as regulatory sandboxes.
Examples
- Singapore AI verify and Personal Data Protection Commission model framework
- United Kingdom Digital Regulation Cooperation Forum integration with AI Security Institute
- ACCC Digital Platforms
- ASIC RegTech Sandbox
- OAIC
- eSafety.
Indicators
- Number of regulators with explicit AI mandate / strategy
- Existence of a national AI Safety Institute
- Cross-regulator coordination mechanism
- AI incident reporting obligations
- Percentage of staff with AI expertise and investment in AI capability building
- Number of regulators with dedicated AI technical units/advisory panels
- Availability of regulatory toolkits or guidance for AI
- Number of AI-related investigations and reporting
National AI Plan
PLAN COMMITMENT
Limited commitment
Commits to Australia's existing laws being 'actively enforced' and to the establishment of the AISI, including to support informed, timely and cohesive regulatory action, including by supporting existing regulators to ensure AI companies are compliant with Australian law and uphold legal standards of fairness and transparency (Action 7). But includes no new funding for already stretched regulators. Limited commitment by government is a missed opportunity to increase domestic maturity in a globally scarce capability with high public interest value.
Stocktake
Working Paper 2: Examination of technology – Large Language Models. Digital Platforms Regulators Forum. 25 October 2023. https://dp-reg.gov.au/publications/working-paper-2-examination-technology-large-language-models
Safe and Responsible Artificial Intelligence in HealthCare - Legislation and Regulation Review. Final Report. Department of Health, Disability and Ageing. March 2025. https://www.health.gov.au/sites/default/files/2025-07/safe-and-responsible-artificial-intelligence-in-health-care-legislation-and-regulation-review-final-report.pdf
Report: Clarifying and strengthening the regulation of Medical Device Software including Artificial Intelligence (AI). Therapeutic Goods Administration. July 2025. https://consultations.tga.gov.au/tga/clarifying-and-strengthening-the-regulation-of-ai/supporting_documents/tga-report-clarifying-and-strengthening-the-regulation-of-medical-device-software-including-artificial-intelligence-aipdf
Guidance on privacy and the use of commercially available AI products. Office of the Australian Information Commissioner. 21 October 2024. Updated January 2025. https://www.oaic.gov.au/privacy/privacy-guidance-for-organisations-and-government-agencies/guidance-on-privacy-and-the-use-of-commercially-available-ai-products
Enhanced regulatory sandboxes. ASIC. Accessed April 2026. https://www.asic.gov.au/for-business-and-companies/innovation-hub/enhanced-regulatory-sandbox-ers/
Digital Platform Regulators Forum. Australian Government Digital Platform Regulators Forum. Accessed October 2025. https://dp-reg.gov.au/
Beware the gap: Governance arrangements in the face of AI innovation. ASIC. October 2024. https://download.asic.gov.au/media/mtllqjo0/rep-798-published-29-october-2024.pdf
Is the Stocktake missing evidence?
Share additional information for potential future Assessments