Commonwealth Consolidated Acts Commonwealth Consolidated ActsEmployees etc. of Agencies and Commonwealth authorities
(1) The Secretary may, in writing, delegate all or any of the powers and functions of the Secretary under this Act, the regulations or any Principles made under section 96 - 1 to a person engaged (whether as an employee or otherwise) by:
(a) an Agency (within the meaning of the Public Service Act 1999 ); or
(b) an authority of the Commonwealth.
(1A) Subsection (1) does not apply in relation to the Secretary's power to give a notice under section 95BA - 5 or 95BA - 6. However, the Secretary may, in writing, delegate the Secretary's powers under either or both of those sections to an SES employee, or acting SES employee, in the Department.
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 .
Quality and Safety Commissioner
(2) The Secretary may, in writing, delegate to the * Quality and Safety Commissioner the powers and functions of the Secretary that the Secretary considers necessary for the Commissioner to perform the Commissioner's functions under the * Quality and Safety Commission Act or rules made under that Act.
(2A) If, under subsection (2), the Secretary delegates a power or function to the * Quality and Safety Commissioner, the Commissioner may, in writing, sub - delegate the power or function to a member of the staff of the * Quality and Safety Commission referred to in section 33 of the * Quality and Safety Commission Act.
(3) The Secretary may, in writing, delegate to the * Pricing Authority the powers and functions of the Secretary that the Secretary considers necessary for the Pricing Authority to perform the Pricing Authority's functions under this Act.
(3A) If, under subsection (3), the Secretary delegates a power or function to the * Pricing Authority, the Pricing Authority may, in writing, sub - delegate the power or function to a person covered by subsection 161(1) or (2) of the National Health Reform Act 2011 (other than a member of the Pricing Authority (within the meaning of that Act)).
(4) The Secretary may, in writing, delegate to the * Chief Executive Centrelink:
(a) the Secretary's powers and functions under section 44 - 24 relating to making a determination for the purposes of working out a care recipient's * total assessable income; or
(b) the Secretary's powers and functions under section 44 - 26C; or
(c) the Secretary's powers and functions under section 85 - 4 or 85 - 5 relating to reconsidering the following decisions:
(i) a determination under section 44 - 24 for the purposes of working out a care recipient's total assessable income;
(ii) a decision under section 44 - 26C.
(5) If, under subsection (4), the Secretary delegates a power or function to the * Chief Executive Centrelink, the Chief Executive Centrelink may, in writing, sub - delegate the power or function to a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997 ).
(6) The Secretary may, in writing, delegate to the * Chief Executive Medicare:
(a) the Secretary's powers and functions under section 44 - 24 relating to making a determination for the purposes of working out a care recipient's * total assessable income; or
(b) the Secretary's powers and functions under section 44 - 26C; or
(c) the Secretary's powers and functions under section 85 - 4 or 85 - 5 relating to reconsidering the following decisions:
(i) a determination under section 44 - 24 for the purposes of working out a care recipient's total assessable income;
(ii) a decision under section 44 - 26C.
(7) If, under subsection (6), the Secretary delegates a power or function to the * Chief Executive Medicare, the Chief Executive Medicare may, in writing, sub - delegate the power or function to a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973 ).
(8) The Secretary may, in writing, delegate to the Secretary of the Department administered by the Minister who administers the Veterans' Entitlements Act 1986 :
(a) the Secretary's powers and functions under section 44 - 26C; or
(b) the Secretary's powers and functions under section 85 - 4 or 85 - 5 relating to reconsidering a decision under section 44 - 26C.
(9) If, under subsection (8), the Secretary delegates a power or function to the Secretary of the Department administered by the Minister who administers the Veterans' Entitlements Act 1986 , the Secretary of that Department may, in writing, sub - delegate the power or function to an APS employee in that Department.
(10) The Secretary may, in writing, delegate to the * Repatriation Commission:
(a) the Secretary's powers and functions under section 44 - 24 relating to making a determination for the purposes of working out a care recipient's * total assessable income; or
(b) the Secretary's powers and functions under section 85 - 4 or 85 - 5 relating to reconsidering a determination under section 44 - 24 for the purposes of working out a care recipient's total assessable income.
(11) If, under subsection (10), the Secretary delegates a power or function to the * Repatriation Commission, the Repatriation Commission may, in writing, sub - delegate the power or function to any person to whom it may delegate powers under the Veterans' Entitlements Act 1986 under section 213 of that Act.
(12) The Secretary may, in writing, delegate to the Secretary of the Department administered by the Minister who administers the Data - matching Program (Assistance and Tax) Act 1990 :
(a) the Secretary's powers and functions under section 44 - 24 relating to making a determination for the purposes of working out a care recipient's * total assessable income; or
(b) the Secretary's powers and functions under section 85 - 4 or 85 - 5 relating to reconsidering a determination under section 44 - 24 for the purposes of working out a care recipient's total assessable income.
(13) If, under subsection (12), the Secretary delegates a power or function to the Secretary of the Department administered by the Minister who administers the Data - matching Program (Assistance and Tax) Act 1990 , the Secretary of that Department may, in writing, sub - delegate the power or function to an APS employee in that Department.
Person making an assessment for the purposes of section 22 - 4
(14) The Secretary may, in writing, delegate to a person making an assessment for the purposes of section 22 - 4:
(a) all or any of the Secretary's powers and functions under Part 2.3; and
(b) all or any of the Secretary's powers and functions under the Subsidy Principles that relate to respite supplement.
Person to make assessment under section 29C - 3
(15) The Secretary may, in writing, delegate the Secretary's powers and functions under section 29C - 3 (Secretary may assess care recipients) to a person who satisfies the criteria specified in the Classification Principles for the purposes of this subsection.
SES employee etc. in the Department
(15A) The Secretary may, in writing, delegate the powers conferred on the Secretary under the determination made under subsection 44 - 3(2) to an SES employee, or an acting SES employee, in the Department.
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 .
(16) Sections 34AA, 34AB and 34A of the
Acts Interpretation Act 1901 apply in relation to a sub - delegation in a
corresponding way to the way in which they apply to a delegation.