Aged Care Act 2024

The Complaints Commissioner may, in writing, delegate all or any of the Complaints Commissioner’s functions or powers under this Act, other than Parts 2 to 9 of Chapter 6 (regulatory mechanisms), to a member of the staff of the Commission.

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

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 Complaints Commissioner must have regard to whether the office or position is sufficiently senior for the employee to perform the function or exercise the power.

The Complaints Commissioner may, in writing, delegate all or any of the Complaints Commissioner’s functions or powers under this Act, other than Parts 2 to 9 of Chapter 6 (regulatory mechanisms), to a consultant engaged under section 371.

Before delegating a function or power under subsection (3) to a person, the Complaints Commissioner must have regard to whether the person has appropriate qualifications or expertise to perform the function or exercise the power.