Checklist · Anti-Discrimination & Industrial Relations

Fair Work Commission generative AI disclosure and checking checklist (from 20 October 2026)

Checklist and short statements for complying with the Fair Work Commission's generative AI Guidance Note from 20 October 2026: disclosure of use, human checking, own-words witness evidence, hyperlinked cases and privacy.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia
AI use
Green AI can do most of the drafting. A lawyer still reviews the result.
Law stated as at
17 October 2026
Status
Maintained. Checked on 17 October 2026 against the 4 authorities it cites, for Australia.
Version
1
Source
Written for this library

When to use it

Use for every document lodged in a Fair Work Commission case from 20 October 2026, including forms, submissions, chronologies, declarations and witness statements. Check the Guidance Note and the current form for any change before each lodgment.

How AI may be used

This is a bounded compliance task: AI may help record how it was used and prepare the disclosure wording, but a person must do the checking, and witness evidence must stay in the witness's own words.

AI may

  • Keep a log of each AI use on a document (tool, date, task) for the disclosure statement.
  • Draft the disclosure statement from the log for the responsible lawyer to approve.
  • Insert hyperlinks to cases once the lawyer has confirmed the citations.

AI must not

  • Must not check its own output, or another AI tool's output, in place of human checking.
  • Must not generate, extend or smooth the content of a witness statement or declaration.
  • Must not receive personal or confidential case information if it is a public tool.

The lawyer checks

  • The disclosure states that GenAI was used and how, or the form's GenAI section is completed.
  • A named person checked every fact, case, statute and quotation against reliable sources.
  • Witness statements and declarations are in the witness's own words and say so.
  • All cases are hyperlinked where links are available.

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Official form

Open the official form. Always use the current version from the issuer.

Read the full text

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