Easy summary: Ask what system is used, what information it uses, who checks the result and how to raise a concern. The exact legal right depends on your role, jurisdiction, the decision and the law or workplace instrument that applies.
Start with four questions
- What AI or automated system is being used, and for what purpose?
- What information about me is used, created or inferred?
- Who can review, correct or override the result?
- Which policy, award, agreement, privacy notice or surveillance notice applies?
Choose the route that matches the issue
| Issue | Start here | Possible next step |
|---|---|---|
| Major workplace or roster change | Ask for the applicable award/agreement consultation and dispute clauses | Worker representative, union, Fair Work Ombudsman or Fair Work Commission as appropriate |
| Privacy or personal information | Complain to the organisation and ask for its privacy process | OAIC or the applicable state/territory privacy route |
| Safety, workload or psychosocial risk | Use the workplace consultation, HSR and incident channels | The regulator for the applicable WHS/OHS jurisdiction |
| Discrimination or inaccessible process | Ask for review and a reasonable adjustment where relevant | Australian Human Rights Commission or the applicable state/territory body |
| Monitoring or surveillance | Ask what notice, policy and jurisdiction-specific law applies | Use the surveillance guide and seek advice |
Consultation checker
1. Find the instrument: Identify the award or registered agreement, employment or contractor terms, policies and any dispute procedure.
2. Identify the change: Is AI changing technology, duties, staffing, performance measures, location, regular roster or ordinary hours?
3. Ask about timing: Applicable clauses may require information, discussion and consideration of views after a definite decision but before implementation.
4. Ask about representation: Awards and agreements can allow an employee representative. WHS/OHS consultation may also involve health and safety representatives.
5. Keep the outcome: Record the information provided, issues raised, the response and any agreed safeguards or review date.
Find the correct safety regulator
Safe Work Australia develops national policy and model laws; it is not the workplace regulator. Victoria uses occupational health and safety legislation. Other jurisdictions use locally enacted versions of the model WHS laws, with variations.
| Jurisdiction | General regulator |
|---|---|
| ACT | WorkSafe ACT |
| New South Wales | SafeWork NSW |
| Northern Territory | NT WorkSafe |
| Queensland | Workplace Health and Safety Queensland |
| South Australia | SafeWork SA |
| Tasmania | WorkSafe Tasmania |
| Victoria | WorkSafe Victoria |
| Western Australia | WorkSafe WA |
| Commonwealth jurisdiction | Comcare |
Record the issue carefully
Keep the date, decision or output, people involved, relevant notices, screenshots you are lawfully allowed to retain, and the practical effect. Do not take confidential material you are not entitled to possess. Record what correction or outcome you are seeking.
Transparency and human review are sound governance practices, but they are not universal legal entitlements in every AI use. A specific right may arise from privacy law, workplace law, discrimination law, administrative law, contract, policy or an industrial instrument.
Sources and currency
Jurisdiction: Australia. Currency: Sources checked 27 October 2026. Laws and workplace instruments apply according to their scope and facts; regulator material is guidance unless stated otherwise.