53Secretary may arrange for use of computer programs to make decisions

53 Secretary may arrange for use of computer programs to make decisions

(1) The Secretary may arrange for the use, under the Secretary’s control, of computer programs for any purposes for which the Secretary may, under this Act or the rules, make a decision of a kind specified in the rules for the purposes of this subsection. (2) The Secretary must take all reasonable steps to ensure that each decision made by the operation of a computer program under an arrangement made under subsection (1) is a decision that the Secretary could validly make under this Act or the rules. Decision made by computer taken to be Secretary’s decision (3) For the purposes of this Act, a decision made by the operation of a computer program under an arrangement made under subsection (1) is taken to be a decision made by the Secretary. Secretary may substitute a decision (4) The Secretary may make a decision in substitution for a decision the Secretary is taken to have made under subsection (3) if the Secretary is satisfied that the decision made by the operation of the computer program is not the correct or preferable decision. Arrangement not a legislative instrument (5) If an arrangement under subsection (1) is made in writing, the arrangement is not a legislative instrument.