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AI in the Australian workplace

There is no workplace AI statute. The Government's position, confirmed in its 2026 response to the Future of Work inquiry, is that existing Fair Work, work health and safety, privacy and anti-discrimination frameworks already apply to AI at work. That means adverse action rules cover AI-assisted decisions, AI is a WHS hazard to be managed, and a privacy disclosure deadline lands in December 2026.

Fair Work CommissionSafe Work AustraliaOAICAHRCDEWR

Last reviewed August 2026. Every entry links to its official source.

The rules

What applies today

The Government's response to the Future of Work inquiry confirms the settings for workplace AI: adverse action and anti-discrimination protections under the Fair Work Act apply irrespective of the use of AI, consultation obligations cover major workplace change including introducing AI and automated decision-making, workplace surveillance remains largely state-regulated, and WHS laws require managing AI-related psychosocial risks. No standalone workplace AI statute is planned.

Who this affects: All national-system employers.

Latest updates

What changed recently

  1. Safe Work Australia published its first dedicated AI and digital technologies guidance, confirming employers must apply the standard WHS risk-management process and consult workers when introducing AI.

    SWA news

  2. The Government's AI consumer safety priorities included AI safety in the workplace through the tripartite AI Workplace and Employment Forum, alongside a second tranche of privacy reform.

    AI consumer safety priorities

  3. The OAIC opened consultation on guidance for the automated decision-making transparency obligation commencing 10 December 2026. Employers using AI in hiring or people management should watch for the final guidance.

    OAIC ADM consultation

  4. The Fair Work Commission published an exposure draft of its generative AI guidance note after an unprecedented AI-driven surge in lodgements, with disclosure and verification requirements for AI-prepared documents.

    FWC President's statement (PDF)

  5. The Government responded to the Future of Work inquiry, confirming that existing Fair Work, WHS, privacy and anti-discrimination frameworks apply to workplace AI rather than a standalone workplace AI statute.

    Government response (DEWR PDF)

Getting ready

Compliance checklist

  • Keep a human accountable for hiring and dismissal decisions. Adverse action and anti-discrimination protections apply to AI-assisted decisions exactly as to human ones. See the rule

  • Treat AI introduction as a WHS issue: consult workers and identify psychosocial hazards like algorithmic pacing, excessive monitoring and low job control. See the rule

  • Update your privacy policy before 10 December 2026 to disclose the personal information used in, and kinds of decisions made by, automated systems. See the rule

  • Do not over-rely on the employee records exemption: it does not cover candidate data or third-party recruitment and HR AI vendors. See the rule

  • Audit AI hiring tools for bias against protected attributes and give candidates a way to challenge outcomes. See the rule

  • Meet consultation obligations for major workplace change involving AI or automated decision-making under awards and enterprise agreements. See the rule

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