Document ID: chunk:federal_register_of_legislation:C2024C00866:section:4b
Version: federal_register_of_legislation:C2024C00866
Segment Type: section
Provision Reference: s 4B
Character Range: 19033–21373

4B  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 Commission may, or must, under this Act or a legislative instrument made for the purposes of this Act:
 (a) make a decision; or
 (b) exercise any power or comply with any obligation; or
 (c) do anything else related to making a decision or exercising a power or complying with an obligation.
 (1A) Subsection (1) does not apply to the following:
 (a) a decision that the death of a veteran was not war‑caused;
 (b) a decision that an injury suffered by a veteran is not a war‑caused injury;
 (c) a decision that a disease contracted by a veteran is not a war‑caused disease;
 (d) a decision that the death of a member of the Forces (within the meaning of Part IV), or a member of a Peacekeeping Force (within the meaning of that Part), was not defence‑caused;
 (e) a decision that an injury suffered by a member of the Forces (within the meaning of Part IV), or a member of a Peacekeeping Force (within the meaning of that Part), is not a defence‑caused injury;
 (f) a decision that a disease contracted by a member of the Forces (within the meaning of Part IV), or a member of a Peacekeeping Force (within the meaning of that Part), is not a defence‑caused disease.
 (2) For the purposes of this Act or the legislative instrument, the Commission is taken to have:
 (a) made a decision; or
 (b) exercised a power or complied with an obligation; or
 (c) done something else related to the making of a decision 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
 (3) The Commission may, under a provision of this Act or of the legislative instrument, make a decision in substitution for a decision the Commission is taken to have made under paragraph (2)(a) if the Commission 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 Parts IX and X.
 (4) Subsection (3) does not limit any other provision of this Act that provide for the review or reconsideration of a decision.