Guide to Aged Care Law

Applying the Regulatory Powers Act in aged care

This section introduces the standard regulatory powers that apply in aged care and how certain regulators can delegate these powers to qualified staff, with safeguards to ensure appropriate use and oversight.

The Regulatory Powers Act sets out 6 standard powers for regulating Commonwealth laws. These powers are all included in the Aged Care Act:

Delegating powers 

The Commissioner and the System Governor can give – delegate – their regulatory powers to members of their staff. This means they empower another person to use these powers. In general, they can delegate many of their powers to a Senior Executive Service staff member or someone acting in that role. They can also delegate some powers to staff at other levels, where appropriate and specified in the Aged Care Act. 

The Aged Care Act requires that certain people must have sufficient training or experience or be in a senior enough position to be delegated specific powers. In some cases, there may also be limits to what a delegate can do while using the power. The person must also follow written directions or guidelines from the authority that delegated their powers.

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