Aged Care Act 2024

The System Governor may, in writing, arrange for the use, under the System Governor’s oversight, of computer programs to take administrative action that must be taken by the System Governor under this Act.

Administrative action is any of the following:

making, or refusing or failing to make, a decision under a provision mentioned in subsection (2A);

exercising, or refusing or failing to exercise, a power under a provision mentioned in subsection (2A);

performing, or refusing or failing to perform, a function or duty under a provision mentioned in subsection (2A);

doing, or refusing or failing to do, anything (including giving a notice) related to making a decision, exercising a power or performing a function or duty under a provision mentioned in subsection (2A).

For the purposes of subsection (2), the provisions are the following provisions of this Act:

subsection 78(1) (which deals with classification levels);

subsection 86(1) (which deals with priority category decisions);

subsection 92(1) (which deals with allocation of places to individuals);

subsection 93(1) (which deals with deciding the order of allocation of places to individuals);

Parts 2 to 5 of Chapter 4 (which deal with funding of aged care services);

section 541 (which deals with star ratings);

a provision of this Act prescribed by the rules.

Administrative action taken by the operation of a computer program under an arrangement under subsection (1) is treated, for all purposes, as administrative action taken by the System Governor.

The System Governor may take administrative action (the substituted action) in substitution for administrative action the System Governor is treated as having taken under subsection (3) if the System Governor is satisfied that the administrative action taken by the operation of the computer program is not correct.

The substituted action takes effect on:

if the System Governor specifies the day on which the substituted action takes effect (which may be earlier than the day the substituted action is taken)—that specified day; or

otherwise—the day of the administrative action taken by the operation of the computer program.

The day specified under paragraph (5)(a) may be earlier than the day the substituted action is taken, but not earlier than the day of the administrative action taken by the operation of the computer program.

An arrangement under subsection (1) does not prevent the System Governor from taking administrative action under the provisions referred to in subsection (2A).

Subsection (4) does not limit any other provision of this Act that provides for the review or reconsideration of an administrative action.

An arrangement under subsection (1) is not a legislative instrument.