583Oversight and safeguards for automation of administrative action

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.