Delegation
221 Delegation
Delegation of Secretary’s powers
Subject to this section, the Secretary may delegate to an officer all or any of the Secretary’s powers under the family assistance law other than the power to make Secretary’s rules under subsection 85GB(2) of the Family Assistance Act.
The powers of the Secretary as the authorised applicant and relevant chief executive for the purposes of provisions of Part 2 (monitoring) of the Regulatory Powers Act may also be delegated under section 219UA of this Act.
The Secretary must not delegate the Secretary’s power under subparagraph 168(1)(b)(i) (disclosure of information) except to the Human Services Secretary, the Chief Executive Centrelink or the Chief Executive Medicare.
The Secretary must not delegate to an officer, other than an SES employee or acting SES employee, the Secretary’s powers under any of the following provisions:
section 203AA (power to require cost and financial information);
section 203A (power to require financial information);
section 203C (power to engage an expert to carry out an independent audit of an approved provider);
subsection 219UCA(2) (authorising entry to premises without consent);
subsection 219UD(1) (power to appoint authorised person);
subsection 219WA(3) (power to appoint infringement officer).
Funding agreements
The Secretary may delegate to an official of a non‑corporate Commonwealth entity the Secretary’s powers under section 85GA of the Family Assistance Act.
In exercising a power delegated under subsection (5), an official must comply with any directions of the Secretary.
For non‑corporate Commonwealth entity and official, see subsection 3(1).
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