How to disclose AI use in your submission
If you used ChatGPT, Claude, Copilot, or any other AI tool to help prepare a court application, tribunal submission, or workplace document, you need to disclose that. This guide shows you exactly how.
Step 1
State that you used AI
This is the most basic requirement. Every court and tribunal that has issued AI disclosure rules requires you to say whether you used generative AI — tools like ChatGPT, Claude, Copilot, or Gemini.
You need to name the specific tool. Don't just say 'I used AI.' Say 'I used ChatGPT (GPT-4) by OpenAI' or 'I used Claude by Anthropic.' If you used more than one tool, list them all.
The EDS Disclosure Statement template has a section for this — Section 2: AI Tools Used. You fill in the tool name, the provider, the model or version if you know it, and what you used it for.
Example
Tool: ChatGPT
Provider: OpenAI
Model: GPT-4
Purpose: Drafting initial outline of unfair dismissal application
Step 2
Describe what you used it for
Courts want to understand the scope of AI involvement. Did AI write your entire submission, or did it help with one paragraph? Did you use it for research, drafting, editing, or something else?
Be specific and honest. Common uses include: drafting or rewriting text, summarising lengthy documents, researching legal concepts or case law, checking grammar and spelling, generating a chronology of events, or preparing questions for cross-examination.
The EDS Disclosure Statement template covers this in Section 3: Scope of Use. Describe each task the AI assisted with.
Step 3
Check that everything is accurate
This is the step that matters most. The FWC's proposed form specifically requires you to confirm that all references to facts or evidence are correct and exist, all case law exists and stands for the legal positions attributed to it, and all quotes are correct and attributed to the right source.
AI tools hallucinate. They invent case names, fabricate quotes, and cite legislation that doesn't exist. You must personally check every factual claim, every case citation, and every legal reference in your document.
You cannot use AI to verify AI output. NSW Practice Note SC Gen 23 explicitly prohibits this. You need to check citations against actual court databases like AustLII, BarNet, or the Federal Court website.
Step 4
Keep a record
Document your AI interactions as you go. Every time you use an AI tool for your matter, note down: the date, what tool you used, what you asked it to do (your prompt), what it gave you back (a summary is fine), and what you changed before using it.
This doesn't need to be complicated. A simple spreadsheet works. The EDS Evidence Log template is a CSV file with columns for each of these fields. You can open it in Excel, Google Sheets, or any spreadsheet application.
Why keep a log? Because if a court or tribunal asks how AI was used in your matter, you need to be able to show them exactly what happened. A clear log demonstrates good faith and transparency.
Example log entry
Date: 2026-03-05
Tool: Claude (Anthropic)
Prompt: Summarise the key facts from my employment contract relevant to unfair dismissal
Output: 4-paragraph summary of contract terms
Modifications: Removed one incorrect reference to notice period, corrected dates
Reviewer: [Your name]
Step 5
Sign and declare
Complete your disclosure statement with a signed declaration confirming that the information is accurate to the best of your knowledge. This is Section 6 of the EDS Disclosure Statement template.
Attach the completed disclosure statement to your submission. If you're filing at the FWC, include it with your application form. If you're filing an affidavit in NSW, the disclosure must be contained within the affidavit itself as required by Practice Note SC Gen 23.
Keep your evidence log and any supporting records in an organised folder following the EDS file naming convention. You may not need to submit the full log, but you should have it ready if the court or tribunal requests it.
Common questions
What if I only used AI for spell-checking or grammar?
Most court rules focus on generative AI — tools that create or substantially modify content. Standard spell-checkers and grammar tools like the built-in ones in Word are generally not covered. However, AI-powered writing assistants like Grammarly's AI features may be. When in doubt, disclose.
What if I used AI but then rewrote everything myself?
Disclose it anyway. The requirement is to say whether AI was used in preparing the document, not whether the final version contains AI-written text. Transparency protects you.
What if I didn't know I needed to disclose?
Disclose now. Courts have been more understanding when parties come forward proactively than when undisclosed AI use is discovered later. Late disclosure is better than no disclosure.
What if I used AI for research but not for writing?
Disclose it. If you asked an AI tool to find relevant case law, summarise legislation, or identify legal arguments, that's AI-assisted preparation. The FWC's proposed form covers all use of generative AI in preparing an application.
Ready to get started?
The EDS Starter Kit includes everything you need — a disclosure statement template, an evidence log, a file naming guide, and a conformance checklist. Free to download.