NDIS reform bill proposes unprecedented automation of discretionary government decisions
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By Karen Barlow
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Summary
Legislation before parliament to reform the National Disability Insurance Scheme (NDIS) proposes an unprecedented expansion of automated government decision-making, allowing automation of discretionary decisions (not just administrative calculations) for the first time. The bill explicitly permits automation where discretion is exercised, evaluative judgments are made, or states of mind are formed. This comes as the government stalls on responding to key recommendations from the robodebt royal commission, raising concerns about the expansion of automated decision-making in sensitive welfare contexts.
Key quotes
· 3 pulledWe haven't come across this before.
The bill explicitly allows for automation in cases where there is '(a) a discretion being exercised; (b) an evaluative judgement being made; (c) a state of mind being formed'.
As the government stalls on a response to key recommendations in the robodebt royal commission, it has legislated a huge expansion in the use of automated decision-making.
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