363AUse of automated electronic systems to make decisions, exercise powers, comply with obligations, and take related actions

1. MSD may approve the use of an automated electronic system by a specified person to make any decision, exercise any power, comply with any obligation, or take any other related action under any specified provision.

2. In this subpart,—

   specified person means any of the following performing or exercising a duty, function, or power under a specified provision:

   1. the chief executive of the responsible department:
   2. a public service employee, or other person, acting under a delegation (direct or indirect) from that chief executive

   specified provision has the same meaning as in clause 11 of Schedule 3.

3. The specified provision must be about—

4. how an information share child support payment is or affects any person’s assets, income, or other means of any kind (however described), for the purposes of, or for any purpose related to,—
   1. a benefit; or
   2. any other assistance under this Act; or
5. sanctions for breach of obligations other than young person or young parent obligations; or
6. sanctions for breach of young person or young parent obligations; or
7. expiry and regrant of specified benefits.

8. MSD may approve the use of an automated electronic system only if—

9. the system is under the responsible department’s control; and
10. MSD is satisfied that the system has the capacity to make the decision, exercise the power, comply with the obligation, or take the related action with reasonable reliability; and
11. MSD is satisfied that the use of the system is consistent with the approved standard for MSD’s use of automated electronic systems (see subsections (5) and (6)); and
12. 1 or more persons are always available, as an alternative, to make the decision, exercise the power, comply with the obligation, or take the related action.

13. MSD must ensure that there is in force at all times after the commencement of this section an approved standard for MSD’s use of automated electronic systems.

14. The standard, and any amendment, revocation, or replacement of the standard, must be—

15. approved by MSD, in consultation with the Privacy Commissioner appointed under the Privacy Act 2020; and
16. reviewed at least once every 3 years; and
17. published in the Gazette; and
18. published on an Internet site that—
    1. is maintained by, or on behalf of, the responsible department; and
    2. is publicly available free of charge.

19. A decision that is made, a power that is exercised, an obligation that is complied with, or a related action that is taken using an automated electronic system under this section must be treated for all purposes as if it were made, exercised, complied with, or taken (as the case may be) by a specified person authorised or required by the specified provision to make the decision, exercise the power, comply with the obligation, or take the related action.