Fair Work Commission drafts mandatory disclosure rules for GenAI filings
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Fair Work Commission drafts mandatory disclosure rules for GenAI filings

The Fair Work Commission has published a [President's statement and draft guidance note](https://www.fwc.gov.au/about-us/news-and-media/news/presidents-statement-and-draft-guidance-use-generative-ai-published) on generative AI in Commission cases, the clearest signal yet of how Australian tribunals will handle AI-written filings. The draft sets three requirements. Parties must state in any lodged document that GenAI was used, with a "Use of GenAI" section to be built into Commission forms. They must verify and declare that all facts, legislation and case law references have been checked. And for witness statements and declarations, the Commission recommends GenAI not be used to create substantive content at all. One detail has teeth: GenAI cannot be used as the verification method. Checking means the Benchbooks, the decisions database, AustLII and the Federal Register of Legislation. The driver is volume. President Justice Hatcher describes an unprecedented GenAI-driven workload increase, from roughly 40,000 cases in 2023-24 towards a projected 50,000 to 55,000 in 2025-26, with total workload expected to grow more than 70 per cent across three years. False declarations engage Fair Work Act offence provisions.

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