Aged Care Act 2024

Subject to subsection (4), the System Governor may, in writing, delegate all or any of the System Governor’s functions or powers under this Act, other than Parts 2 to 9 of Chapter 6 (regulatory mechanisms), to a person engaged (whether as an employee or otherwise) by:

a Commonwealth entity; or

an organisation that performs services for a Commonwealth entity.

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

To avoid doubt, an organisation performs services for a Commonwealth entity even if that organisation performs those services in accordance with a contract or other arrangement with another organisation that performs services for the Commonwealth entity.

Before delegating a function or power under subsection (1) to an APS employee 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.

Before delegating a function or power under subsection (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.

The System Governor may only delegate the System Governor’s function or power under subsection 582(1) (which deals with automation of administrative action) to an APS employee in the Department who is holding, occupying, or performing the duties of an SES office or position.