---
title: "Fair Work Commission generative AI disclosure and checking checklist (from 20 October 2026)"
url: "https://ailawframework.com/precedents/anti-discrimination-and-industrial-relations/fwc-generative-ai-disclosure-checklist"
type: "precedent"
site: "AI Law Framework"
id: "a15-fwc-generative-ai-disclosure-checklist"
area_id: "A15"
kind: "checklist"
ai_level: "green"
version: 1
law_stated_as_at: "2026-10-17"
---

# 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.

Canonical page: https://ailawframework.com/precedents/anti-discrimination-and-industrial-relations/fwc-generative-ai-disclosure-checklist  
Law stated as at: 2026-10-17

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

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Anti-Discrimination & Industrial Relations](https://ailawframework.com/precedents/anti-discrimination-and-industrial-relations.md)
- Jurisdictions: Australia
- AI level: Green. AI can do most of the drafting. A lawyer still reviews the result.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 4 authorities it cites, for Australia.

## 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.

## Authorities

- [Fair Work Commission, Guidance Note: Use of generative artificial intelligence in Commission cases (commences 20 October 2026)](https://www.fwc.gov.au/documents/resources/guidance-note-use-of-generative-ai-in-commission-cases.pdf)
- [Fair Work Commission, Using AI to help you with your case (forms with a GenAI question from 20 October 2026)](https://www.fwc.gov.au/genai)
- [Fair Work Act 2009 (Cth) s 678 (false or misleading evidence)](https://www.legislation.gov.au/C2009A00028/latest/text)
- [Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 rr 4.1.3, 9 and 19.1](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2015-0244)

## Official form

[Official form](https://www.fwc.gov.au/genai)

## 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/anti-discrimination-and-industrial-relations/fwc-generative-ai-disclosure-checklist 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.*