Aged Care Act 2024

The System Governor may, in writing, delegate to the Secretary of the Department administered by the Minister who administers the Veterans’ Entitlements Act 1986:

the System Governor’s powers and functions under Division 1 of Part 5 of Chapter 4 (means testing in a home or community setting); or

the System Governor’s powers and functions under Subdivision C of Division 2 of Part 5 of Chapter 4 (value of an individual’s assets); or

the System Governor’s powers and functions under Part 2 of this Chapter relating to reconsidering decisions under:

Division 1 of Part 5 of Chapter 4; or

Subdivision C of Division 2 of Part 5 of Chapter 4; or

the System Governor’s powers and functions under section 582 (automation of administrative action).

Subject to subsection (4), if, under subsection (1), the System Governor 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, subdelegate the power or function to an APS employee in that Department.

Before subdelegating a function or power under subsection (2) 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 Secretary must have regard to whether the office or position is sufficiently senior for the employee to perform the function or exercise the power.

The Secretary of the Department administered by the Minister who administers the Veterans’ Entitlements Act 1986 may only subdelegate a function or power under subsection 582(1) (which deals with automation of administrative action) to an APS employee holding, occupying, or performing the duties of an SES office or position in that Department.