Aged Care and Other Legislation Amendment Act 2025 (45 of 2025)
Schedule 2 Amendment of the Aged Care (Consequential and Transitional Provisions) Act 2024
Part 3 Automation of administrative action
Aged Care (Consequential and Transitional Provisions) Act 2024
29 In the appropriate position
Insert:
Schedule 5 - Automation of administrative action
1 Definitions
In this Schedule:
administrative action : see subitem 2(2).
System Governor means the Secretary of the Department.
2 Automation of administrative action
(1) The System Governor may, in writing, arrange for the use, under the System Governor's oversight, of computer programs to take administrative action that must be taken by the System Governor under:
(a) this Act; or
(b) legislative instruments made under this Act.
(2) Administrative action is any of the following:
(a) making, or refusing or failing to make, a decision under a provision mentioned in subitem (3);
(b) exercising, or refusing or failing to exercise, a power under a provision mentioned in subitem (3);
(c) performing, or refusing or failing to perform, a function or duty under a provision mentioned in subitem (3);
(d) doing, or refusing or failing to do, anything (including giving a notice) related to making a decision, exercising a power or performing a function or duty under a provision mentioned in subitem (3).
(3) For the purposes of subitem (2), the provisions are the following:
(a) a provision of this Act prescribed by rules made under subitem (11);
(b) a provision of a legislative instrument made under this Act prescribed by rules made under subitem (11).
System Governor is treated as having taken administrative action
(4) Administrative action taken by the operation of a computer program under an arrangement under subitem (1) is treated, for all purposes, as administrative action taken by the System Governor.
Substituted actions
(5) The System Governor may take administrative action (the substituted action ) in substitution for administrative action the System Governor is treated as having taken under subitem (4) if the System Governor is satisfied that the administrative action taken by the operation of the computer program is not correct.
(6) The substituted action takes effect on:
(a) if the System Governor specifies the day on which the substituted action takes effect (which may be earlier than the day the substituted action is taken) - that specified day; or
(b) otherwise - the day of the administrative action taken by the operation of the computer program.
(7) The day specified under paragraph (6)(a) may be earlier than the day the substituted action is taken, but not earlier than the day of the administrative action taken by the operation of the computer program.
System Governor may still take administrative action
(8) An arrangement under subitem (1) does not prevent the System Governor from taking administrative action under the provisions referred to in subitem (3).
(9) Subitem (5) does not limit any other provision of this Act, or a provision of a legislative instrument made under this Act, that provides for the review or reconsideration of an administrative action.
Arrangement not a legislative instrument
(10) An arrangement under subitem (1) is not a legislative instrument.
Rule-making power
(11) The Minister may, by legislative instrument, make rules prescribing matters:
(a) required or permitted by this Schedule to be prescribed by the rules; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Schedule.
3 Oversight and safeguards for automation of administrative action
System Governor to ensure administrative action is action that could be validly taken
(1) The System Governor must take all reasonable steps to ensure that administrative action taken by the operation of a computer program under an arrangement under subitem 2(1) is administrative action that the System Governor could validly take under:
(a) this Act; or
(b) a legislative instrument made under this Act.
(2) Without limiting subitem (1), the System Governor must do the things (if any) prescribed by rules made under subitem 2(11) for the purposes of this subitem.
Note: Administrative action may still be invalid even if subitems (1) and (2) are complied with.
(3) A failure to comply with subitem (1) or (2) does not affect the validity of the administrative action taken by the operation of a computer program under an arrangement under subitem 2(1).
Notice to entities of substituted decisions
(4) If, under subitem 2(5), the System Governor makes a decision in substitution for a decision the System Governor is treated as having taken under subitem 2(4), the System Governor must, within 14 days of the making of the substituted decision, give the entity that is the subject of the substituted decision written notice of the substituted decision.
(5) The notice must include how the entity may apply for reconsideration of the substituted decision.
(6) A failure to comply with subitem (4) or (5) of this item does not affect the validity of the substituted decision.
Publication
(7) If the System Governor makes an arrangement under subitem 2(1) in relation to particular provisions of this Act or of a legislative instrument made under this Act, the System Governor must cause a statement to be published on the Department's website:
(a) to the effect that the System Governor has made such an arrangement; and
(b) setting out those particular provisions.
Details in annual report
(8) The System Governor, when preparing the Department's annual report under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period, must include the following information in that report:
(a) the total number of substituted actions taken by the System Governor under subitem 2(5) of this Schedule in that period;
(b) the kinds of substituted actions so taken;
(c) the kinds of administrative action taken by the operation of the computer program that the System Governor was satisfied were not correct.
(9) The System Governor may also include in the report any other information (other than personal information within the meaning of the Privacy Act 1988) about the operation of item 2 and this item in that period that the System Governor considers appropriate.