426Delegation by relevant chief executive—System Governor functions

426  Delegation by relevant chief executive—System Governor functions

 (1) The relevant chief executive under section 415 may, in writing, delegate the powers and functions mentioned in subsection (2) of this section to an SES employee, or an acting SES employee, in the Department.

 (2) The powers and functions that may be delegated are:

 (a) powers and functions under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in section 412 of this Act that relates to a function of the System Governor; and

 (b) powers and functions under the Regulatory Powers Act that are incidental to a power or function mentioned in paragraph (a).

 (3) A person exercising powers or performing functions under a delegation under subsection (1) must comply with any written directions of the relevant chief executive under section 415.

Part 4—Access to premises where risk to safety etc. of individual

Division 1—Entry without warrant or consent

427  Entry without warrant or consent

Entry without warrant or consent

 (1) An authorised Commission officer may enter and remain in a residential care home:

 (a) at any time; and

 (b) without a warrant or the consent of the occupier of the residential care home;

if the requirements in subsection (2) are satisfied.

 (2) The requirements to be satisfied are:

 (a) before the authorised Commission officer enters the residential care home, the Commissioner certifies, in writing, that the Commissioner is satisfied that:

 (i) it is reasonably necessary for the authorised Commission officer to have access to the residential care home because there is an immediate and severe risk (the identified risk) to the health, safety or wellbeing of an individual accessing funded aged care services; and

 (ii) it is not practicable for the authorised Commission officer to apply for, and enter under, a monitoring warrant under section 32 of the Regulatory Powers Act or an investigation warrant under section 70 of the Regulatory Powers Act; and

 (b) the certificate issued under paragraph (a) is in force; and

 (c) the access is for the purposes of the performance of any of the Commissioner’s safeguarding functions under paragraphs 349(a), (d) and (e).

Notice and announcement of entry

 (3) The authorised Commission officer may enter the residential care home under subsection (1) without prior notice to any person.

 (4) However, before entering the residential care home, the authorised Commission officer must do the following: