Aged Care Act 2024 - ss 582-583, including s 583(6)

582 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 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 subsection (2A); (b) exercising, or refusing or failing to exercise, a power under a provision mentioned in subsection (2A); (c) performing, or refusing or failing to perform, a function or duty under a provision mentioned in subsection (2A); (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 subsection (2A). (2A) For the purposes of subsection (2), the provisions are the following provisions of this Act: (a) subsection 78(1) (which deals with classification levels); (b) subsection 86(1) (which deals with priority category decisions); (c) subsection 92(1) (which deals with allocation of places to individuals); (d) subsection 93(1) (which deals with deciding the order of allocation of places to individuals); (e) Parts 2 to 5 of Chapter 4 (which deal with funding of aged care services); (f) section 541 (which deals with star ratings); (g) a provision of this Act prescribed by the rules. System Governor is treated as having taken administrative action (3) Administrative action taken by the operation of a computer program under an arrangement under subsection (1) is treated, for all purposes, as administrative action taken by the System Governor. Substituted actions (4) The System Governor may take administrative action (the substituted action) in substitution for administrative action the System Governor is treated as having taken under subsection (3) if the System Governor is satisfied that the administrative action taken by the operation of the computer program is not correct. (5) 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. (5A) The day specified under paragraph (5)(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 (5B) An arrangement under subsection (1) does not prevent the System Governor from taking administrative action under the provisions referred to in subsection (2A). Substituted action does not limit right to review or reconsideration of administrative action (6) Subsection (4) does not limit any other provision of this Act that provides for the review or reconsideration of an administrative action. Arrangement not a legislative instrument (7) An arrangement under subsection (1) is not a legislative instrument. 583 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 subsection 582(1) is administrative action that the System Governor could validly take under this Act. (2) Without limiting subsection (1), the System Governor must do the things (if any) prescribed by the rules for the purposes of this subsection. Note: Administrative action may still be invalid even if subsections (1) and (2) are complied with. (3) A failure to comply with subsection (1) or (2) does not affect the validity of the administrative action taken by the operation of a computer program under an arrangement under subsection 582(1). Notice to entities of substituted decisions (4) If, under subsection 582(4), the System Governor makes a decision in substitution for a decision the System Governor is treated as having taken under subsection 582(3), 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. (5A) A failure to comply with subsection (4) or (5) does not affect the validity of the substituted decision. Publication (6) If the System Governor makes an arrangement under subsection 582(1) in relation to particular provisions of 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 (7) 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 subsection 582(4) of this Act 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. (8) 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 section 582 and this section in that period that the System Governor considers appropriate.