Document ID: chunk:federal_register_of_legislation:C2017A00028:clause:1_4a
Version: federal_register_of_legislation:C2017A00028
Segment Type: clause
Provision Reference: sch 1 cl 4A
Character Range: 6524–8444

4A  Secretary may arrange for use of computer programs to make decisions or determinations
 (1) The Secretary may arrange for the use, under the Secretary's control, of computer programs for any purposes for which the Commission may, or must, under this Act or a legislative instrument made for the purposes of this Act:
 (a) make a decision or determination; or
 (b) exercise any power or comply with any obligation; or
 (c) do anything else related to making a decision or determination or exercising a power or complying with an obligation.
 (1A) Subsection (1) does not apply to the following:
 (a) a decision or determination that the death of a person is not a service death;
 (b) a decision or determination that an injury sustained by a person is not a service injury;
 (c) a decision or determination that a disease contracted by a person is not a service disease.
 (2) For the purposes of this Act or the legislative instrument, the Commission is taken to have:
 (a) made a decision or determination; or
 (b) exercised a power or complied with an obligation; or
 (c) done something else related to the making of a decision or determination or the exercise of a power or the compliance with an obligation;
that was made, exercised, complied with or done by the operation of a computer program under an arrangement made under subsection (1).

Substituted decisions or determinations
 (3) The Commission may, under a provision of this Act or of the legislative instrument, make a decision or determination in substitution for a decision or determination the Commission is taken to have made under paragraph (2)(a) if the Commission is satisfied that the decision or determination made by the operation of the computer program is incorrect.
Note: For review of a determination made in substitution, see Chapter 8.
 (4) Subsection (3) does not limit Chapter 8 (about reconsideration and review of determinations).