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Closing loopholes or maintaining control? Corporate power through algorithmic opacity in Australia’s gig economy regulation

Crime, Law and Social Change

Published online on

Abstract

{"p"=>{"__content__"=>"This study explores the complex relationship between state complicity, algorithmic control, and harm in the Australian recent reforms in the gig economy, namely the (Cth), though an interdisciplinary approach that bridges criminology, legal studies, and technology, contributing to global discussions on justice in digital labour markets. The new law aims to protect gig workers, yet opaque algorithms continue to enable exploitative practices, constraining workers’ autonomy and flexibility. The legislation’s focus on workers’ account deactivation overlooks the broader implications of organisational and financial harm caused by algorithmic management. The research examines gig economy legislation, together with contracts and relevant case law in Australia, to reveal how technology’s obscurity is maintained notwithstanding novel regulations and sustains corporate power which inflicts harm on workers. Drawing on the frameworks of state-corporate crime, social harm, technology harm, and algorithmic opacity, the study advances a novel theoretical synthesis and critiques the state’s role in enabling gig platforms to prioritise efficiency and capital accumulation over worker protection, allowing a deliberate concealment of algorithmic processes which creates a barrier to platform accountability. The study recommends that policymakers mandate stronger transparency obligations, independent algorithmic audits, and reporting requirements by incorporating them into minimum-standards orders and dispute-resolution processes. These measures would provide regulators with concrete tools to address algorithmic opacity and the broader social harms inherent in gig work.", "i"=>{"__content__"=>"Fair Work Legislation Amendment (Closing Loopholes No2) Act 2024 "}}}