The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

9.3.1 Delegations

Summary

The Minister is able to delegate their powers and functions under the NRSAct to the Operator or a person who holds or performs the duties of a Senior Executive Services (SES) Band 3 position, or equivalent, in the Department of Social Services. The exceptions to this are the powers and functions relating to making the NRS Rules.

The Operator is able to delegate most of their powers and functions under the NRSAct to officers of the Scheme. The Operator may only delegate their powers and functions relating to engaging Independent Decision Makers to an SES employee. The Operator may only delegate their powers and functions relating to making a redress determination and conducting an internal review to Independent Decision Makers. The Operator cannot delegate powers in relation to civil penalty provisions.

Delegates must comply with any directions of the Minister or Operator, except for Independent Decision Makers, who are not required to any directions when making redress determinations or conducting internal reviews.

Act reference: NRSAct Part 7-3 Division 3 Delegation

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