Governance in the Age of Agentic AI
AI agents are now being deployed across a growing number of Australian organisations. These systems are characterised by their ability to pursue goals and interact with real-world systems with a degree of autonomy. Many of these AI agents have broad access to proprietary data and internal IT systems and can potentially undertake many irreversible actions. Moreover, the volume and speed of agents’ interactions could mean it is impractical for a human to review each decision. These factors require a rethink of existing approaches to AI governance.
25 May 2026
ASIC and APRA issue call to action on artificial intelligence
Artificial intelligence has the potential to deliver significant benefits and opportunities, but rapid advances in AI also carry possible risks for financial services licensees, credit providers and APRA-regulated entities.
19 May 2026
Federal Budget 2026-27: The digital economy / AI and Technology
Other notable allocations include $198.1 million to modernise business registers and extend participation in the Consumer Data Right, $160.4 million for the Services Australia Cyber Security Uplift program, and $112.7 million to address online gambling harms.
12 May 2026
AI data centres in Australia: breaking down barriers to investment
AI data centres in Australia: breaking down barriers to investment
29 April 2026
New AI related changes to NSW Work Health and Safety laws
New South Wales has become the first Australian State to specifically regulate safety risks arising from the introduction of artificial intelligence and digital work systems into workplaces, by passing the Work Health and Safety Amendment (Digital Work Systems) Bill 2026 (NSW) (Bill).
18 February 2026
Australia's AI Plan: Where is Australia going with AI?
We map the key elements in the Australia Government's National AI Plan.
05 December 2025
AI related changes coming to NSW Work Health and Safety laws
The New South Wales Government has introduced the Work Health and Safety Amendment (Digital Work Systems) Bill 2025 (NSW) into parliament, seeking to introduce specific duties and entry permit holder rights in relation to digital work systems into the Work Health and Safety Act 2011 (NSW).
27 November 2025
Hey Chat GPT: Can I use AI to make or process a Freedom of Information request?
This week, the Freedom of Information Amendment Bill 2025 (Cth) (Bill) was introduced into the House of Representatives.
08 September 2025
Technology is shaping productivity: Lessons from the 2025 KWM Digital Future Summit
How is technology changing what productivity means? And how can it secure our digital future across the region?
03 September 2025
Challenges for boards: Governance & AI
KWM recently hosted a webinar where we heard from a diverse panel on governance challenges created by the proliferation of AI in business.
30 June 2025
AI in the Australian finance industry: Opportunities, risks and benefits
Key findings from a report commissioned by AFIA and KWM on the impact of Gen AI and Narrow AI on the Australian finance industry.
23 May 2025
The impact of artificial intelligence on the Australian finance industry
The Australian Finance Industry Association (AFIA) engaged KWM and Sapere to analyse the impact that AI is having, and that we expect AI to have, on the Australian finance industry.
16 May 2025
AI race heats up: What U.S. export controls mean for Asia
Across Asia, companies with any stake in AI technology are bracing for new export restrictions from the US that apply worldwide. The potentially game-changing rules cover advanced AI technology originating from the US, in a bid to control its proliferation and prevent access for some.
01 May 2025
AI regulation is coming to Australia: what you need to know
The Australian Government has released a proposal for the introduction of ten mandatory guardrails (Mandatory Guardrails) that AI developers and deployers must comply with for AI in “high-risk” settings and general purpose AI models.
16 September 2024
Consumer Energy Resources: AI and automation
Consumer energy resources (CERs) are consumer-owned devices that generate, store, or manage electricity.
05 September 2024
When innovation meets regulation: The KWM Digital Future Summit 2024
Trust, safety, security and the regulators’ rise were central to messages shared across the 11 sessions at the KWM Digital Future Summit 2024, which culminated in a focus on the technology and innovation that is at the heart of our energy transition.
03 September 2024
Can the data centre goldrush go green? Malaysia’s Johor shows we can move fast, but more is needed
Johor sits at the southern tip of Malaysia, minutes away from neighbouring Singapore. Lesser known than the nation’s capital, Kuala Lumpur, and less developed than its most populous state of Selangor, Johor – and its capital Johor Bahru – are rapidly rising in prominence.
29 August 2024
Risks of Gen AI: the black box problem
Recent advances in the capabilities of artificial intelligence (AI) systems have led many organisations to begin to explore new use cases and new AI technologies.
21 August 2024
Risk of GenAI - Probing the privacy pitfalls
The Australian public is nervous about AI and has low trust that companies using AI will protect their personal data.
01 August 2024
Risks of Gen AI: accuracy and reliability
The number of organisations adopting AI in some form has surged over the past year.
03 July 2024
Risks of Gen AI - Safeguarding intellectual property in the AI era
The rise of generative artificial intelligence (GenAI) brings with it a range of fundamental copyright issues that profoundly impacts the creative industries.
12 June 2024
Risks of Gen AI – Deepfakes to disinformation: esafety and authenticity
These risks derive from generative AI (GenAI) - and they are more dangerous and damaging than the long-known risks from traditional AI. GenAI can make realistic content fast and in large amounts.
31 May 2024
Risks of Gen AI - Energy and ESG
The vast majority of AI systems are trained and deployed on power-hungry servers housed in large data centres that use enormous amounts of electricity and water, amplifying the effects of climate change that are already being felt around the world.
23 May 2024
Navigating the Legal Ethics of Generative AI
Generative AI is much more than just ChatGPT. Broadly speaking, generative AI refers to AI products that can be used to produce new content (such as text, images and video) as opposed to other tasks like classification or data analysis.
24 April 2024
Inventing inventors? Generative AI & patents
Generative AI has ushered in a new era of innovation and creativity. While much of the discussion has
12 February 2024
Australian Government Interim Response on the regulation of AI: inching towards Safe and Responsible AI
On 17 January 2024, the Australian Government released its Interim Response to the 2023 “Safe and Responsible AI in Australia” consultation.
19 January 2024
An update on Artificial Intelligence: A US Executive Order, a UK Summit and a plethora of letters, codes and resolutions
Recent developments in the field of artificial intelligence have been staggering. Perhaps the only thing in human history that has experienced greater growth is the number of AI-related summits, statements, letters, declarations and regulations - resulting in a tech lawyer’s version of the “productivity paradox”.
15 November 2023
5 key considerations to think about when investing in Artificial Intelligence
As organisations increasingly adopt a diverse range of artificial intelligence (AI) products for various purposes, the need to understand, highlight and mitigate risks inherent in the development, deployment and use of AI systems is becoming extremely important. In this article, we have summarised 5 key considerations for investors to consider when investing in AI systems.
12 October 2023
KWM Submission - Discussion Paper on Safe and Responsible AI in Australia
King & Wood Mallesons recently had the opportunity to provide feedback on the “Safe and responsible AI in Australia: Discussion Paper” (Discussion Paper).
01 September 2023
US District Court knocks back new bid for AI Copyright Authorship
On Friday 18 August 2023, a United States District Court granted a Motion for Summary Judgment, affirming the decision of the U.S. Copyright Office (USCO) to deny Dr Stephen Thaler copyright protection for an artwork that was generated entirely by artificial intelligence (AI).
30 August 2023
Have your say on the regulation of Artificial Intelligence in Australia: Recent Developments
Artificial Intelligence (AI) is increasingly becoming a focal point for lawmakers and regulators around the world. Like many nascent technologies, AI has the potential for both harmful as well as positive outcomes, with algorithmic biases and the generation of misleading or erroneous outputs of particular concern. Consequently, safety and the effective management of AI risk has been at the forefront of the minds of Australian regulators. While some overseas jurisdictions are already further down the path towards AI regulation, there have been three recent significant developments in
26 June 2023
Europe’s AI regulation gets real : what to know (and do) about the EU AI Act as it nears finalisation
More than two years ago, the European Union (EU) released the first draft of the Artificial Intelligence Act (AI Act). This was the first significant attempt at regulating AI on a large scale. In June, it passed a major milestone bringing it closer to finalisation. There is some way to go, but the signs are clear. Our experts share what the AI Act means for companies worldwide – and why now is the time to start thinking about risk mitigation steps.
26 June 2023
It copies, right? Generative AI & copyright law
Only last September and October we published our AI Guides to AI & Copyright Infringement and Ownership of AI Generated Works.
11 May 2023
DABUS dismissed again! United States Supreme Court declines to consider whether AI can be an inventor
This decision means that the lower court’s ruling holds — US patents can only be issued to human inventors and that Dr Thaler’s AI system (Device for the Autonomous Bootstrapping of Unified Sentience or DABUS) could not be considered the legal creator of two inventions that Dr Thaler said it generated.
27 April 2023
Developments in the regulation of Artificial Intelligence
Artificial intelligence (AI) has captured the attention of the world over the last 12 months. From AI chatbots to AI-generated art and inventions, AI has the potential to radically transform our economy, our society, and humanity.
19 April 2023
The Metaverse: So What Is It, Exactly?
The metaverse is a predicted next wave of the internet, characterised by 3D computing, immersive technologies, interconnection and changes to how users interact with the internet.• The metaverse is a predicted next wave of the internet, characterised by 3D computing, immersive technologies, interconnection and changes to how users interact with the internet.
24 October 2022
The Metaverse: The Next Wave of the Internet
The metaverse is more than just a sci-fi fantasy or a talking point for futurists: real technological innovations, investments and changes in consumer behaviour are happening right now.
26 September 2022
Move Fast and Make Things: Edition 2
KWM’s newsletter for venture capital backed companies, smart capital and crypto.
26 September 2022
Should we lock them up? The Australian government’s 2022 list of critical technologies in the national interest
On 22 August the Federal Department of Industry and Resources (DISR) released a Consultation Paper setting out an updated list of current and emerging technologies that have the capacity to significantly enhance or pose risk to Australia’s national interest over the next decade (the List of Critical Technologies).
12 September 2022
VC Meets Crypto - 5 Lessons from the Metaverse
The cryptocurrency industry has come a long way in a few short years.
16 May 2022
DABUS is not coming, for now: AI as an inventor fails on appeal
Yesterday, the Full Court handed down its decision – allowing the appeal and overturning Justice Beach’s finding that an AI system can be the ‘inventor’ of a patent.
14 April 2022
Navigating the ethics of AI – What questions should you be asking?
Written by Kate Creighton-Selvay, Bryony Evans and Clea Denham
14 December 2021
DABUS is coming
This article was written by Luke Hawthorne and Mary Aidonopoulos
30 July 2021
