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AGED CARE ACT 1997 - SECT 96.2

Delegation of Secretary's powers and functions

Employees 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.

Aged Care Complaints Commissioner

             (2)  The Secretary may, in writing, delegate to the * Aged Care Complaints Commissioner all or any of the powers and functions of the Secretary under this Act, the regulations or any Principles made under section 96-1.

Aged Care Pricing Commissioner

             (3)  The Secretary may, in writing, delegate to the * Aged Care Pricing Commissioner the powers and functions of the Secretary that the Secretary considers necessary for the Aged Care Pricing Commissioner to perform the Aged Care Pricing Commissioner's functions under this Act.

Chief Executive Centrelink

             (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 ).

Chief Executive Medicare

             (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 ).

Veterans' Affairs Secretary

             (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.

Repatriation Commission

           (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.

Social Services Secretary

           (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.

CEO of the Quality Agency

           (15)  The Secretary may, in writing, delegate to the * CEO of the Quality Agency the powers and functions of the Secretary that the Secretary considers necessary for the CEO to perform the CEO's functions under the Australian Aged Care Quality Agency Act 2013 .

Sub-delegation

           (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.



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