NATIONAL HEALTH ACT 1953 - SECT 101B Use of computer programs to take administrative action

NATIONAL HEALTH ACT 1953 - SECT 101B

Computer programs for administrative action by Minister

  (1)   The Minister may arrange for the use, under the Secretary's control, of computer programs for any purposes for which the Minister may or must take administrative action under this Part or a legislative instrument made for the purposes of this Part.

Computer programs for administrative action by Secretary

  (2)   The Secretary may arrange for the use, under the Secretary's control, of computer programs for any purposes for which the Secretary may or must take administrative action under this Part or a legislative instrument made for the purposes of this Part.

Computer programs for administrative action by Chief Executive Medicare

  (3)   The Chief Executive Medicare may arrange for the use, under the Chief Executive Medicare's control, of computer programs for any purposes for which the Chief Executive Medicare may or must take administrative action under this Part or a legislative instrument made for the purposes of this Part.

Responsible person for arrangement taken to have taken administrative action

  (4)   For the purposes of this Part or a legislative instrument made for the purposes of this Part, if administrative action is taken by the operation of a computer program under an arrangement under subsection   (1), (2) or (3), the responsible person for the arrangement is taken to have taken the administrative action.

Substituted decisions

  (5)   The responsible person may, under a provision of this Part or a legislative instrument made for the purposes of this Part, make a decision in substitution for a decision he or she is taken to have made under subsection   (4), if the responsible person is satisfied that the decision made by the operation of the computer program is incorrect.

Note:   For review of a decision made in substitution, see Part   VIIA.

Definitions

  (6)   In this section:

"administrative action" : each of the following constitutes taking administrative action for the purposes of this section:

  (a)   making a decision;

  (b)   exercising any power or complying with any obligation;

  (c)   doing anything else related to making a decision or exercising a power or complying with an obligation.

"responsible person" means:

  (a)   for an arrangement under subsection   (1)--the Minister; or

  (b)   for an arrangement under subsection   (2)--the Secretary; or

  (c)   for an arrangement under subsection   (3)--the Chief Executive Medicare.