Aged Care and Other Legislation Amendment Act 2025 (45 of 2025)

Schedule 2   Amendment of the Aged Care (Consequential and Transitional Provisions) Act 2024

Part 5   Delegation

Aged Care (Consequential and Transitional Provisions) Act 2024

31   In the appropriate position

Insert:

Schedule 7 - Delegation

1 Definitions

In this Schedule:

Chief Executive Centrelink has the same meaning as in the Human Services (Centrelink) Act 1997.

Chief Executive Medicare has the same meaning as in the Human Services (Medicare) Act 1973.

System Governor means the Secretary of the Department.

2 Delegation - general

(1) The System Governor may, in writing, delegate all or any of the System Governor's functions or powers under this Act, or a legislative instrument made under this Act, to a person engaged (whether as an employee or otherwise) by the Department.

Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

Delegation to holders of specified non-SES offices or positions

(2) Before subdelegating a function or power under subitem (1) to an APS employee in the Department holding, occupying, or performing the duties of a specified office or position that is not an SES office or position, the System Governor must have regard to whether the office or position is sufficiently senior for the employee to perform the function or exercise the power.

Delegation to persons who are not APS employees

(3) Before delegating a function or power under subitem (1) to a person who is not an APS employee, the System Governor must have regard to whether the person has appropriate qualifications or expertise to perform the function or exercise the power.

Limitation - automation of administrative action

(4)The System Governor may only delegate a function or power under subitem 2(1) of Schedule 5 (which deals with automation of administrative action) to an APS employee who is holding, occupying, or performing the duties of an SES office or position in the Department.

3 Delegation to the Chief Executive Centrelink

(1)The System Governor may, in writing, delegate all or any of the System Governor's functions or powers under this Act, or a legislative instrument made under this Act, to the Chief Executive Centrelink.

Subdelegation

(2) Subject to subitem (5), if the System Governor delegates a power or function to the Chief Executive Centrelink under subitem (1), the Chief Executive Centrelink may, in writing, subdelegate the power or function to a person engaged (whether as an employee or otherwise) by Services Australia.

Subdelegation to holders of specified non-SES offices or positions

(3) Before subdelegating a function or power under subitem (2) to an APS employee in Services Australia holding, occupying, or performing the duties of a specified office or position that is not an SES office or position, the Chief Executive Centrelink must have regard to whether the office or position is sufficiently senior for the employee to perform the function or exercise the power.

Subdelegation to persons who are not APS employees

(4)Before subdelegating a function or power under subitem (2) to a person who is not an APS employee in Services Australia, the Chief Executive Centrelink must have regard to whether the person has appropriate qualifications or expertise to perform the function or exercise the power.

Limitation - automation of administrative action

(5)The Chief Executive Centrelink may only subdelegate a function or power under subitem 2(1) of Schedule 5 (which deals with automation of administrative action) to an APS employee who is holding, occupying, or performing the duties of an SES office or position in Services Australia.

4 Delegation to the Chief Executive Medicare

(1)The System Governor may, in writing, delegate all or any of the System Governor's functions or powers under this Act, or a legislative instrument made under this Act, to the Chief Executive Medicare.

Subdelegation

(2) Subject to subitem (5), if the System Governor delegates a power or function to the Chief Executive Medicare under subitem (1), the Chief Executive Medicare may, in writing, subdelegate the power or function to a person engaged (whether as an employee or otherwise) by Services Australia.

Subdelegation to holders of specified non-SES offices or positions

(3) Before subdelegating a function or power under subitem (2) to an APS employee in Services Australia holding, occupying, or performing the duties of a specified office or position that is not an SES office or position, the Chief Executive Medicare must have regard to whether the office or position is sufficiently senior for the employee to perform the function or exercise the power.

Subdelegation to persons who are not APS employees

(4)Before subdelegating a function or power under subitem (2) to a person who is not an APS employee in Services Australia, the Chief Executive Medicare must have regard to whether the person has appropriate qualifications or expertise to perform the function or exercise the power.

Limitation - automation of administrative action

(5)The Chief Executive Medicare may only subdelegate a function or power under subitem 2(1) of Schedule 5 (which deals with automation of administrative action) to an APS employee who is holding, occupying, or performing the duties of an SES office or position in Services Australia.

5 Delegations in relation to specified kinds of matters

Without limiting this Schedule or subsection 33(3A) of the Acts Interpretation Act 1901, a power or function may be delegated or subdelegated generally or only in relation to specified kinds of matters.

6 Subdelegation

Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply in relation to a subdelegation in the same way to the way in which they apply to a delegation.

7 Complying with directions

In exercising powers or performing functions delegated or subdelegated by a person under this Schedule the delegate or subdelegate must comply with any directions of the person.