The Commission’s forms and templates have been updated to include a dedicated ‘Use of GenAI’ section, allowing users to satisfy this disclosure obligation by simply completing the relevant parts of the form. An example of the proposed section is published with the draft guidance note.
Requirement 2: Verify every detail
If you use GenAI to create a document, you should carefully review the document before submitting it, make any necessary corrections, and indicate in your document that this review has been completed.
In particular, the parties must ensure that:
-
All references to facts or evidence are correct and the facts or evidence actually exist
-
All case law, laws, textbooks, and articles referenced exist and support the legal propositions attributed to them.
-
All excerpts and quotations are accurate and properly attributed to the correct sources.
The draft guidance note makes clear that GenAI itself cannot be used to verify content accuracy. Instead, parties should rely on reliable sources such as the Commission Benchbook and Case Law, the Commission’s decision database, AustLII for court decisions, and the Federal Legislative Gazette for statutes and regulations.
