Using AI in your employment court case

When you can use AI

You can use AI in your employment court case to research the law and prepare your documents. There are rules that you must follow.

If you are going to use AI, you must use closed AI.

You must use an AI tool that:

• contains accurate and up to date information about Australian law, rules, regulations, and cases
• doesn’t change, enhance or make-up your evidence
• does share confidential information.

If you are using GenAI chatbots, you must disable the chat history or web search access, if possible, to reduce the risk of sharing confidential information.

You should only use an AI tool that protects confidential information and gives you accurate and up to date information.

You cannot use AI if it will risk the safety of anyone using the court. This includes using an open AI tool or uploading documents into that contain a protected residential address or medical records.

You are responsible for how you use AI and which AI tools you choose to use. The court may ask you to explain how you have used AI and whether you have followed the rules.

Accurate and authentic information

AI can sometimes give answers that sound right but are actually wrong, incomplete, or misleading. Do not assume that everything AI tells you is correct.

If you use AI to help prepare documents or information for the court, it is your responsibility to make sure everything is accurate and complete.

If you do not check the information carefully, you could give the court incorrect or misleading information, or leave out important details the court needs to make a decision.

There can be serious penalties for misleading the court, including costs orders.

Researching the law

AI can give you information about the law that is inaccurate, wrong or incomplete. It can make-up cases or use laws from other countries that do not apply in Australia. It can also give you wrong or misleading information about how the law applies to your case.

Because of this, you should not rely only on AI when researching legal information. Always check what AI tells you against trusted sources, such as government websites, legislation or court decisions. And you should always get legal advice about your situation.

For more information, see Finding employment law.

Creating documents

You are responsible for the information that is in your court documents.

When you sign your court documents, you are agreeing that they are accurate and complete, and you followed the law when you created them.

Before you sign your documents, you must:

• fact-check and proof-read them
• edit and adapt any information created using AI to suit your situation
• check all references Australian laws, rules, regulations, and cases to ensure they exist and are accurate
• use a NAATI certified translator or interpreter to translate documents not in English.

Your affidavit must be written in your own words and only include things that you have seen, heard or witnessed.

You do not have to tell the court when you have used AI to create a document, unless you are asked.

Protecting confidential and sensitive information

AI can save all of the information that you put into it and every question you ask it. If you share confidential or sensitive information about your case, it could be used to answer other user’s questions. There is a risk that it could be shared with people who should not have access to it.

To protect confidential and sensitive information, don’t enter it into any public AI tool. This includes:

• information shared according to a court order, including a subpoena
• disclosure
• information covered by a non-publication or suppression order
• confidential information protected by law or court order.

You cannot put this information into any GenAI tool unless:

• it is closed AI – the information will stay confidential and cannot be accessed by unauthorised third parties or the public
• the information won’t be used to train the AI tool.

You can only put information into a GenAI tool to complete tasks related to your case. You cannot do it for any other reason.

Inappropriate uses of AI

You cannot use AI to:

• make arguments that have no chance of success (frivolous claims)
• harass or harm someone, or delay your case (vexatious claims)
• create information or documents that will mislead the court
• record court proceedings.

There are serious penalties if you do. The court can disregard your documents, make a costs order against you or give you another penalty.

You must tell the court if someone has used AI for an inappropriate purpose that could undermine the integrity of the case, like creating false or misleading evidence.

Recording and transcript

You cannot use AI to record or make a transcript of court hearing or any other court event.

If you do, you may be committing a crime.

A court security officer may confiscate your phone or device and delete any recordings you have made or give them to the police.

If you don’t give your phone or device to the security officer when asked, you may be committing a further crime.

Last updated: July 2026