Aged Care Act 2024

An infringement officer under section 449 may, in writing, delegate the infringement officer’s powers and functions under Part 5 of the Regulatory Powers Act in relation to the provisions mentioned in section 448 of this Act that relate to a function of the Commissioner or the Complaints Commissioner to a member of the staff of the Commission who is:

an SES employee or acting SES employee; or

an APS employee who holds, or is acting in, an Executive Level 2, or equivalent, position.

However, an infringement officer under section 449 must not delegate a function or power to a person under paragraph (1)(b) of this section unless the infringement officer is satisfied that the person has suitable training or experience to properly perform the function or exercise the power.

A person exercising powers or performing functions under a delegation under subsection (1) must comply with any written directions of the infringement officer.