Sch 5Automation of administrative action

Schedule 5—Automation of administrative action

administrative action: see subitem 2(2).

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:

(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).