Aged Care Act 2024

The System Governor may, in writing, delegate to the Secretary of the Department administered by the Minister who administers the Data‑matching Program (Assistance and Tax) Act 1990:

the System Governor’s powers and functions under Subdivision A of Division 2 of Part 4 of Chapter 3 (obligations relating to reporting, notifications and information); or

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 B of Division 2 of Part 5 of Chapter 4 (individual’s total assessable income); or

the System Governor’s powers and functions under Division 7 of Part 2 of Chapter 4 (grants); or

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

Division 1 of Part 5 of Chapter 4;

Subdivision B of Division 2 of Part 5 of Chapter 4;

Division 7 of Part 2 of Chapter 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 Data‑matching Program (Assistance and Tax) Act 1990, 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.