News & Insights

On 5 October 2023,  state and federal education ministers approved the Australian Framework for Generative Artificial Intelligence (AI) in schools (the Framework), which was released to the public last week.

The purpose of the Framework is to provide guidance on understanding, using and responding to generative AI in Australian school‑based education.

The fast pace of technological development in generative AI means this framework is an evolving document that will be reviewed within 12 months of publication, and every 12 months as needed.

What is generative AI?

Generative AI is a system that can create new content in the form of videos, audio, images and text that resembles content that can be produced by humans. It can recognise patterns and emulate them when tasked to produce something.

It can also be used for educational purposes, potentially improving educational outcomes and transforming learning, provided it is used ethically. Students can use generative AI to create personalised content, receive targeted and prompt feedback and simplify complex ideas. Teachers can use generative AI to streamline their administrative tasks, simplify their planning and tailor their instructions.

The Framework

The Framework is a principle-based document developed for Australian education systems and school communities. It will assist them to use generative AI in a safe and ethical way. The Framework encompasses 6 principles and 25 guiding statements.

• Teaching and Learning
• Human and Social Wellbeing
• Transparency
• Fairness
• Accountability
• Privacy, Security and Safety

These 6 principles express the safe and ethical use of generative AI in school communities. The accompanying 25 guiding statements articulate how the principles can be achieved.

Why was it introduced?

The development of this framework is a result of the growing calls by experts for schools to embrace the inevitable changes that are emerging in tandem with generative AI and education. Ben Carroll, the Victorian Minister of Education, described the framework as preparing for the future of education to regulate the entrenchment of AI within the education system.

The risks

To recognise the full benefits and opportunities that generative AI can provide to school communities, it must be used ethically. If ethical AI is not integrated into the education system responsibly, there could be serious risk to human rights, including:

• Privacy and security concerns;
• Increasing digital inequality;
• Misuse of technologies;
• Algorithmic bias and discrimination;
• Commercialisation of personal information; and
• Underpinning of educational integrity.

Key takeaways

If ethical AI is not responsibly integrated into the education system, there is a real risk of privacy and security breaches occurring that could land the educational institution in hot water! For example, there is the potential risk of unnecessary collection, distribution and sale of student data.

The Honourable Jason Clare MP, Minister for Education, described the key to the Framework to be the privacy, security and safety of students. To responsibly integrate generative AI into the education system, school communities must adopt policies that uphold and respect privacy and data rights that comply with the Australian Law. The adoption of the Framework can assist in responsible integration.

We’re here to help

Macpherson Kelley’s Technology team have strong experience in drafting, assisting with and implementing AI policies within businesses and in educational institutions. If you would like assistance in complying with the Australian Framework for Generative AI in Schools, or the implementation of AI in your business, please contact our Technology team.

The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.