National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024 (81 of 2024)
Schedule 2 Quality and safeguards amendments
Part 1 Amendments
National Disability Insurance Scheme Act 2013
7 Subsections 202B(1) and (2)
Repeal the subsections, substitute:
(1) The Commissioner may, in writing, delegate the Commissioner's powers and functions under Division 8 of Part 3A of Chapter 4 (compliance and enforcement) to APS employees in the Commission in accordance with the following table:
|
Delegation of regulatory powers |
||
|---|---|---|
|
Item |
The Commissioner may delegate the following powers and functions … |
to the following APS employees in the Commission … |
|
1 |
any of the powers and functions under that Division, including: (a) powers under the Regulatory Powers Act in relation to the provisions of this Act; and (b) powers and functions under the Regulatory Powers Act that are incidental to a power mentioned in paragraph (a) |
an SES employee, or an acting SES employee, in the Commission |
|
2 |
a power or function under subsection 73ZL(2) or (3) (infringement notices), including: (a) powers under Part 5 of the Regulatory Powers Act in relation to the provisions of this Act; and (b) powers and functions under the Regulatory Powers Act that are incidental to a power mentioned in paragraph (a) |
an APS employee in the Commission who holds, or performs the duties of, an Executive Level 2, or equivalent, position |
|
3 |
a power or function under section 73ZM (compliance notices) |
an APS employee in the Commission who holds, or performs the duties of, an Executive Level 1 or 2, or equivalent, position |
Note 1: The expressions SES employee , acting SES employee and APS employee are defined in section 2B of the Acts Interpretation Act 1901.
Note 2: See also sections 34AA and 34AB of the Acts Interpretation Act 1901.
(2) Before delegating a power or function under subsection (1) to an APS employee covered by item 2 or 3 of the table in that subsection, the Commissioner must have regard to:
(a) if the power or function is delegated to an APS employee holding, occupying, or performing the duties of, a specified office or position - whether the office or position is sufficiently senior for the employee to exercise the power or perform the function; or
(b) otherwise - whether the employee has appropriate qualifications or expertise to exercise the power or perform the function.