Social Security Act 2018

Administration - Use of automated electronic systems in respect of information share child support payments

363C: Variation and substitution of decisions made by automated electronic systems

You could also call this:

“Changing computer-made decisions about you”

This section talks about decisions made by computer systems. If a computer makes a decision about you, a person in charge can change it. They can add new rules to the decision or change the rules that are already there. They can also make a whole new decision to replace the computer’s decision. But they can only do this if the new decision could have been made under the same rules as the first one, and if it’s better for you. The person in charge doesn’t have to change the computer’s decision if they don’t want to.

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“Government must tell people when computers make social security decisions”


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363D: Appeals and reviews unaffected, or

“You can still challenge decisions made by computers”

Part 6 Administration
Use of automated electronic systems in respect of information share child support payments

363CVariation and substitution of decisions made by automated electronic systems

  1. This section applies to a decision made by an automated electronic system (the relevant decision).

  2. A specified person may—

  3. vary, or add to, the terms or conditions of the relevant decision; or
    1. substitute a decision for the relevant decision if the specified person is satisfied that the new decision—
      1. could have been made under the same specified provision as the relevant decision; and
        1. is more favourable to the affected person.
        2. A specified person is not obliged to exercise any power in subsection (2) in respect of the relevant decision.

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        Notes
        • Section 363C: inserted, on , by section 34 of the Child Support (Pass On) Acts Amendment Act 2023 (2023 No 27).