---
title: "Record of a test for different results across groups"
url: "https://ailawframework.com/precedents/ai-decision-systems/disparate-results-test-record"
type: "precedent"
site: "AI Law Framework"
id: "a45-disparate-results-test-record"
area_id: "A45"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A45-A20260923-3"]
law_stated_as_at: "2026-10-22"
---

# Record of a test for different results across groups

> Record of a test, designed by the principal, comparing a system's outputs across groups the principal has chosen, with the outputs tabulated and the conclusion left to the principal.

Canonical page: https://ailawframework.com/precedents/ai-decision-systems/disparate-results-test-record  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [AI decision systems](https://ailawframework.com/precedents/ai-decision-systems.md)
- Jurisdictions: Australia
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 3 authorities it cites, for Australia.

## When to use it

Use when the principal has decided to test whether a decision system produces different outputs for different groups. Do not use it as a finding that the difference is lawful or unlawful.

## Used for these tasks

- [Compare the system's outputs on a test set for disparate results](https://ailawframework.com/obligations/ai-decision-systems/compare-the-system-s-outputs-on-a-test-set-for-disparate-results.md)

## How AI may be used

AI may tabulate outputs the principal has already produced and count them. The principal designs the test and writes what the difference means.

**AI may:**

- Build the results table from a spreadsheet of outputs the principal supplies
- Count how many outputs fall into the categories the principal has defined

**AI must not:**

- Must not invent inputs, outputs or group labels
- Must not choose which groups to compare
- Must not state that a difference is or is not unlawful discrimination

**The lawyer checks:**

- The test set, the groups and the definition of a different outcome were fixed before the outputs were counted
- The table matches the supplied outputs and does not drop rows
- The conclusion is the principal's, and it does not claim a statutory test that has not been read

## Authorities

- [OAIC, APP guidelines chapter 1 (a computer program can be substantially and directly related to a decision even where a person reviews the output)](https://www.oaic.gov.au/privacy/australian-privacy-principles/australian-privacy-principles-guidelines/chapter-1-app-1-open-and-transparent-management-of-personal-information)
- [Statement on the use of artificial intelligence in Australian legal practice (6 December 2024): generative AI tools can be biased, and higher-risk decision-making should not be left to the tool](https://www.lawsociety.com.au/sites/default/files/2024-12/LS4590_PSP_Statement_AI_LawSocietyVersion.pdf)
- [Victorian Legal Services Board + Commissioner, news item dated 6 December 2024, publishing the joint statement on the use of artificial intelligence in Australian legal practice](https://lsbc.vic.gov.au/news-updates/news/statement-use-artificial-intelligence-australian-legal-practice)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/ai-decision-systems/disparate-results-test-record and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*