Under the Act the System Governor, the Commissioner and the Complaints Commissioner can delegate their powers and responsibilities to others in the aged care system. This means they can allow other people to exercise their powers or perform their functions under the Act. For example, making certain decisions or carrying out certain tasks.
This helps to make sure that the aged care system can run smoothly and with the right support.
In specified cases, the person who takes on the responsibility – the delegate – can further assign responsibilities to another person – called a subdelegate. Both people need to follow directions from the person who originally gave them these responsibilities. This is an extra safeguard to make sure people use delegated powers correctly, in line with the Act.
Who the System Governor can delegate to
[Chapter 8 – Part 3 – Division 1]
The System Governor can delegate their powers and responsibilities to various people that support the functions of the aged care system.
Commonwealth entities (including the department)
The System Governor can, apart from the exceptions discussed below, delegate all of their functions and powers under the Act to people who work for:
- a Commonwealth entity – for example, a person working at the department or a person contracted by the department
- an organisation that performs services for a Commonwealth entity – for example, a person working for an organisation that is contracted by the department.
However, there are various requirements and restrictions that apply to ensure any delegations are appropriate.
Exception – regulatory powers
The System Governor can only delegate each of the regulatory powers in Parts 2 to 9 of Chapter 6 of the Act to people with certain roles. These are set out for each power in Chapter 6.
Exception – automation
The System Governor can only delegate the power to automate administrative actions to Senior Executive Service (SES) employees in the department.
Requirement before delegating to non-SES employees
If the person is an Australian Public Service (APS) employee but not an SES employee, the System Governor has to consider if that person is working in a senior enough position for the responsibilities.
Requirement before delegating to non-APS employees
If the person isn’t an APS employee, the System Governor has to consider if the person has the right expertise or training for the responsibilities.
The Pricing Authority
The System Governor can delegate functions or powers to the Pricing Authority if needed, to allow the Pricing Authority to perform their functions under the Act. The Pricing Authority can further assign – subdelegate – these powers under the National Health Reform Act 2011.
Other government agencies
The System Governor can delegate certain functions or powers to the heads of other government departments and agencies.
This includes:
- the Chief Executive of Centrelink
- the Chief Executive of Medicare
- the Veterans’ Affairs Secretary
- the Repatriation Commission
- the Social Services Secretary.
These people can further assign – subdelegate – responsibilities in line with the requirements for non-SES employees and non-APS employees noted above. The exception relating to automation also applies.
The System Governor can’t delegate their regulatory powers in Part 2 to 9 of Chapter 6 of the Act to other government departments or agencies.
Who the Commissioner can delegate to
[Chapter 8 – Part 3 – Division 2]
The Commissioner can delegate their functions and powers, apart from the exceptions below, to people who work for the Commission. They can also delegate to consultants who are hired by the Commission. As with the System Governor delegations, requirements and restrictions apply to certain delegations.
Exception – regulatory powers
The Commissioner can only delegate each of the regulatory powers in Parts 2 to 9 of Chapter 6 of the Act to people with certain roles. These are set out for each power in Chapter 6.
Exception – reviewable decisions
The Commissioner can’t delegate responsibilities related to reviewable decisions to consultants.
Requirement before delegating to non-SES employees
If the person is an APS employee but not an SES staff member, the Commissioner has to consider if that they are senior enough for the responsibilities.
Requirement before delegating to consultants
The Commissioner also has to consider if the consultants have the right expertise or training for the responsibilities.
The Commissioner can also delegate their functions and powers to the Complaints Commissioner (except for regulatory powers in Parts 2 to 9 of Chapter 6 of the Act). The Complaints Commissioner can further assign – subdelegate – responsibilities to a member of staff of the Commission or a consultant engaged by the Commission in line with the requirements noted above.
Who the Complaints Commissioner can delegate to
[Chapter 8 – Part 3 – Division 3]
The Complaints Commissioner can delegate their functions and powers, except for regulatory powers in Parts 2 to 9 of Chapter 6 of the Act, to people who work for the Commission. The Complaints Commissioner has to consider the same requirements relating to non-SES employees and consultants as the Commissioner.