333‑17 Automation of administrative acti333‑17 Automation of administrative action

333‑17 Automation of administrative action (1) The Chief Executive Medicare may, in writing, arrange for the use, under the Chief Executive Medicare’s oversight, of computer programs to take administrative action that must be taken by the Chief Executive Medicare under this Act. (2) Administrative action is: (a) making, or refusing or failing to make, a decision under a provision mentioned in subsection (3); or (b) exercising, or refusing or failing to exercise, a power under a provision mentioned in subsection (3); or (c) performing, or refusing or failing to perform, a function or duty under a provision mentioned in subsection (3); or (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 (3). (3) For the purposes of subsection (2), the provisions are the following provisions of the Act: (a) subsection 23‑16(1) (which deals with registering a person as a *participant in the *premiums reduction scheme); (b) subsection 23‑30(3) (which deals with revoking a person’s registration as a participant in the premiums reduction scheme); (c) subsection 23‑40(2) (which deals with variations to registrations); (d) subsection 279‑11(1) (which deals with reimbursement claims); (e) a provision of this Act prescribed by the Private Health Insurance (Incentives) Rules. Chief Executive Medicare is treated as having taken administrative action (4) 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 Chief Executive Medicare. Substituting administrative action (5) The Chief Executive Medicare may take administrative action (the substituted action) in substitution for administrative action the Chief Executive Medicare is treated as having taken under subsection (4) if the Chief Executive Medicare 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 Chief Executive Medicare specifies a day on which the substituted action takes effect—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. Chief Executive Medicare may still take administrative action (8) An arrangement under subsection (1) does not prevent the Chief Executive Medicare from taking administrative action under the provisions referred to in subsection (3). (9) Subsection (5) 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 (10) An arrangement under subsection (1) is not a legislative instrument.