Document ID: chunk:federal_register_of_legislation:C2025C00122:section:23:p1
Version: federal_register_of_legislation:C2025C00122
Segment Type: section
Provision Reference: s 23 (pt 1/6)
Character Range: 550979–553890

23                            User Rights Principles                       Parts 3.2 and 4.2

96‑2  Delegation of Secretary's powers and functions

Employees etc. of Agencies and Commonwealth authorities
 (1) The Secretary may, in writing, delegate all or any of the powers and functions of the Secretary under this Act, the regulations or any Principles made under section 96‑1 to a person engaged (whether as an employee or otherwise) by:
 (a) an Agency (within the meaning of the Public Service Act 1999); or
 (b) an authority of the Commonwealth.
 (1A) Subsection (1) does not apply in relation to the Secretary's power to give a notice under section 95BA‑5 or 95BA‑6. However, the Secretary may, in writing, delegate the Secretary's powers under either or both of those sections to an SES employee, or acting SES employee, in the Department.
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.

Quality and Safety Commissioner
 (2) The Secretary may, in writing, delegate to the *Quality and Safety Commissioner the powers and functions of the Secretary that the Secretary considers necessary for the Commissioner to perform the Commissioner's functions under the *Quality and Safety Commission Act or rules made under that Act.
 (2A) If, under subsection (2), the Secretary delegates a power or function to the *Quality and Safety Commissioner, the Commissioner may, in writing, sub‑delegate the power or function to a member of the staff of the *Quality and Safety Commission referred to in section 33 of the *Quality and Safety Commission Act.

Pricing Authority
 (3) The Secretary may, in writing, delegate to the *Pricing Authority the powers and functions of the Secretary that the Secretary considers necessary for the Pricing Authority to perform the Pricing Authority's functions under this Act.
 (3A) If, under subsection (3), the Secretary delegates a power or function to the *Pricing Authority, the Pricing Authority may, in writing, sub‑delegate the power or function to a person covered by subsection 161(1) or (2) of the National Health Reform Act 2011 (other than a member of the Pricing Authority (within the meaning of that Act)).

Chief Executive Centrelink
 (4) The Secretary may, in writing, delegate to the *Chief Executive Centrelink:
 (a) the Secretary's powers and functions under section 44‑24 relating to making a determination for the purposes of working out a care recipient's *total assessable income; or
 (b) the Secretary's powers and functions under section 44‑26C; or
 (c) the Secretary's powers and functions under section 85‑4 or 85‑5 relating to reconsidering the following decisions:
 (i) a determination under section 44‑24 for the purposes of working out a care recipient's total assessable income;
 (ii) a decision under section 44‑26C.
 (5) If, under subsection (4), the Secretary delegates a