AI disclosure compliance for legal and workplace professionals
The Evidence Disclosure Standard provides structured tools for managing AI disclosure across Fair Work Commission proceedings, tribunal matters, and workplace investigations.
Your clients are using AI. Here's how to manage disclosure.
Self-represented litigants are increasingly using AI before they engage a lawyer. By the time you see the case, AI-generated material may already be embedded in their documents.
The FWC is mandating disclosure across all forms. NSW Practice Note SC Gen 23 requires disclosure in all affidavits and witness statements. You need a process for advising clients on compliance.
The EDS framework provides a structured approach you can hand to clients: document which AI tools were used, what was generated versus personally authored, what was verified, and create a complete audit trail.
Risk management matters here. If undisclosed AI use surfaces during proceedings, it damages credibility for both the client and the practitioner. Proactive disclosure protects everyone involved.
AI-assisted claims are surging. Be prepared.
The FWC's caseload has increased over 70% in three years, driven primarily by AI-assisted applications. Many of these are AI-generated claims with invented facts or reframed eligibility.
When you receive an internal complaint or an FWC application that reads unusually polished, you need to assess: is this genuinely the employee's account, or has AI embellished it?
The EDS framework provides a basis for internal AI disclosure policies — require employees to declare AI use in formal grievance and complaint processes.
For responding to FWC claims: use structured factual verification rather than assessing tone alone. AI outputs sound confident regardless of accuracy.
The FWC's new forms will require applicants to confirm AI use. Having your own internal disclosure framework demonstrates good faith and procedural rigour.
Focus on facts, not the AI.
FWC President Justice Hatcher acknowledged that AI gives cases a 'sheen of legal plausibility' — but plausibility is not merit. Focus on the substance of the claim, not how it was drafted.
Use targeted requests for particulars to narrow issues. Ask for specific facts, dates, and witnesses rather than engaging with AI-generated boilerplate.
Consider filing early objections where claims are facially deficient.
The EDS framework can also be adopted internally so your own use of AI in responding to claims is properly documented.
Work with us
AI Evidence Disclosure Australia is seeking professional partnerships with employment lawyers and workplace relations practitioners. We are looking for professionals willing to review the EDS v1.0 standard and participate in the upcoming FWC public consultation on AI disclosure. If you are interested, we would welcome a conversation.