Document ID: chunk:federal_register_of_legislation:C2025C00186:section:3a
Version: federal_register_of_legislation:C2025C00186
Segment Type: section
Provision Reference: s 3A
Character Range: 11318–13475

3A  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 MRCC 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 a disease suffered by an employee was not contributed to, to a significant degree, by the employee's employment by the Commonwealth or a licensee;
 (b) a decision or determination that an injury (other than a disease) to an employee did not arise out of, or in the course of, his or her employment;
 (c) a decision or determination that an aggravation of an injury (other than a disease) suffered by an employee is not an aggravation that arose out of, or in the course of, his or her employment.
 (2) For the purposes of this Act or the legislative instrument, the MRCC 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 MRCC 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 MRCC is taken to have made under paragraph (2)(a) if the MRCC is satisfied that the decision or determination made by the operation of the computer program is incorrect.
Note: For review of a decision or determination made in substitution, see Part VI.
 (4) Subsection (3) does not limit Part VI (about reconsideration and review of determinations).