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.

8.3.1 Delegation

DSS Secretary delegation

To allow for efficient administration of the PPL scheme, given the volume of decisions to be made, the Secretary may, by signed instrument, delegate all or any of his or her powers under the PPLAct (other than the power under paragraph 128(1)(b)) to an 'officer' or a person engaged by:

  • an Agency
  • another authority of the Commonwealth, or
  • an organisation that performs services for the Commonwealth.

Officer is defined in the PPLAct to mean a person performing duties, or exercising powers or functions, under or in relation to the PPLAct.

The Secretary may also delegate all or any of his or her powers under the PPLAct, other than the power under paragraph 128(1)(b), to the Chief Executive Centrelink, the Chief Executive Medicare or an Australian Public Service (APS) employee in Services Australia.

The Secretary may only delegate his or her power under paragraph 128(1)(b), which relates to disclosing information to an agency head, to the Chief Executive Centrelink or the Chief Executive Medicare. If the Secretary delegates that power to the Chief Executive Centrelink or the Chief Executive Medicare, the Chief Executive cannot delegate the power to a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997 or the Human Services (Medicare) Act 1973).

The Secretary also has powers and functions under Parts 4 and 5 of the Regulatory Powers (Standard Provisions) Act 2014 (Regulatory Powers Act). Part 4 of the Regulatory Powers Act deals with civil penalty provisions, and Part 5 deals with infringement notices. The Secretary may delegate his or her powers under Parts 4 and 5 of the Regulatory Powers Act as those powers apply to provisions of the PPLAct. The Secretary may delegate those powers to the Chief Executive Centrelink, the Chief Executive Medicare, or an SES or acting SES employee.

Act reference: PPLAct section 303 Delegation

Regulatory Powers (Standard Provision) Act 2014 Part 4 Civil penalty provisions, Part 5 Infringement notices

Last reviewed: