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Push for path to appeal computer-determined health care (7 Sept 2026)

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Independent MP Kate Chaney has introduced a private members’ bill aimed at strengthening protections for Australians affected by automated government decision-making, particularly in areas such as aged care, disability support and unemployment payments.

The bill would require the federal government to adopt a single framework governing the use of automated decision-making systems. It would also ensure people are told when automation has been used to determine an outcome, give humans the power to override computer-generated decisions and introduce stronger oversight of the systems involved.

Chaney’s proposal comes amid growing concern about the increasing use of automated tools in government services, especially when decisions can have significant consequences for vulnerable Australians. The bill would affect processes used to determine aged care funding, disability entitlements and unemployment payments.

The Albanese government is unlikely to support Chaney’s bill because it is developing its own safeguards. A spokesperson for Attorney-General Michelle Rowland said the Attorney-General’s Department was continuing consultations to ensure an automated decision-making framework was “appropriate, effective, and durable”.

Chaney has discussed the issue with Rowland’s office for some time and has questioned why reforms have not yet been introduced, despite government consultations taking place during 2024 and early 2025.

"This can be done. Here is an example of how it can be done," she said, holding up her bill.

Chaney also drew attention to the lessons of the robodebt scandal, in which at least 450,000 Australians were incorrectly assessed as owing money to the government through a flawed automated income-averaging system. Her bill is intended to prevent similar failures by requiring greater transparency, accountability and the opportunity for human intervention.

Concerns have also been raised about automated systems that use average cases or assumptions when determining individual needs. This issue has become particularly significant following changes to the National Disability Insurance Scheme, which will require recipients to rely on automated processes to determine some entitlements.

Independent MP Monique Ryan supported the need for greater caution, arguing that averages were inappropriate for decisions involving health and disability because individual circumstances vary considerably.

Council on the Ageing chief executive Patricia Sparrow also backed Chaney’s push for stronger safeguards, saying regulation needed to keep pace with the rapid expansion of automated systems across government.

Chaney’s bill would additionally establish a public register of automated government systems, overseen by the Commonwealth Ombudsman. The proposal follows findings that automated decision-making was being used across at least 23 government agencies, while only four explicitly disclosed that use on their websites.

The legislation positions Chaney as pushing for greater transparency and human accountability before automated systems become further embedded in essential government services.

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