New GenAI Requirements In Commission Cases

Fair Work Commission

New requirements for the use of generative artificial intelligence (GenAI) in Commission cases apply from today, 20 October 2026.

The requirements are set out in the Guidance note: Use of generative artificial intelligence in Commission cases (pdf) which was released in August 2026.

If you use GenAI to prepare documents for a Commission case, you must follow the 3 requirements.

  1. You must tell us that you used GenAI and how you used it.
  2. You must check your document is correct and relevant to the case.
  3. If the document is a witness statement or declaration, you must check that it is based on your own knowledge, reflects your own words and is true to the best of your knowledge.

Legal practitioners and other professional representatives also must include hyperlinks to any case law mentioned in documents prepared using GenAI.

Visit our Using AI to help you with your case webpage to help understand your responsibilities and prepare your case.

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