On Aug. 24, 2026, AST FWC President Justice Hatcher published a statement finalizing the Guidance note: Use of generative artificial intelligence in Commission cases, keeping the same three requirements with effect from Oct. 20, 2026.
AST FWC also published the Pivot Research Report: GenAI use research, finding about 40% of surveyed applicants used GenAI to prepare their case.
Subsequently, it will update its application and response forms by Oct. 20, 2026 to include an AI disclosure and declaration section.
On Mar. 24, AST FWC proposed guidance on using GenAI in AST FWC cases.
AST FWC published exposure draft of the proposed Guidance note: use of Generative Artificial Intelligence in Commission cases, AST FWC President's statement and example of a draft Use of GenAI section for forms and templates.
Generative artificial intelligence (GenAI) includes ChatGPT, Claude, CoPilot and Gemini.
Follows AST FWC Oct. 2025 issued a guide on preparing for a hearing, see #271638.
Highlights of Draft Guidance Note
The guidance note explains the three requirements of using GenAI in preparing an application to the AST FWC or any other document to be lodged in an AST FWC case.
Use of GenAI refers to using it in writing, creating, modifying or otherwise preparing an application to AST FWC or any other document to be lodged in an AST FWC case.
The guidance note outlines the three requirements and how to comply with them.
The requirements include stating in the document that GenAI was used.
Applicants must check the document and make any necessary changes so that all details in the document are correct and relevant to the case; make a statement.
Plus one must declare that the statement or declaration is based on his/her own knowledge and is true to the best of his/her knowledge.
It also specifies the additional obligations of legal practitioners and paid agents.
Effectiveness
Public consultation closes on Apr. 10, 2026.
In May 2026, AST FWC sought feedback on improving its processes and systems, see #300055.
Aug. 2026 Statement and Guidance Finalized
On Aug. 24, 2026, AST FWC President Justice Hatcher published a statement finalizing the Guidance note: Use of generative artificial intelligence in Commission cases, keeping the same three requirements with effect from Oct. 20, 2026.
AST FWC also published the Pivot Research Report: GenAI use research, finding about 40% of surveyed applicants used GenAI to prepare their case.
Subsequently, it will update its application and response forms by Oct. 20, 2026 to include an AI disclosure and declaration section.
