566Review by the Administrative Review Tribunal

566  Review by the Administrative Review Tribunal

 (1) An affected entity for a reviewable decision may apply to the Administrative Review Tribunal for the review of a reconsideration decision to which the reviewable decision relates.

 (2) Subsection (1) has effect despite section 17 of the Administrative Review Tribunal Act 2024.

Part 3—Delegation provisions

Division 1—Delegation by System Governor

567  Delegation by System Governor—general

Delegation to persons engaged by Commonwealth entities etc.

 (1) Subject to subsection (4), the System Governor may, in writing, delegate all or any of the System Governor’s functions or powers under this Act, other than Parts 2 to 9 of Chapter 6 (regulatory mechanisms), to a person engaged (whether as an employee or otherwise) by:

 (a) a Commonwealth entity; or

 (b) an organisation that performs services for a Commonwealth entity.

 (1A) To avoid doubt, an organisation performs services for a Commonwealth entity even if that organisation performs those services in accordance with a contract or other arrangement with another organisation that performs services for the Commonwealth entity.

 (2) Before delegating a function or power under subsection (1) to an APS employee holding, occupying, or performing the duties of a specified office or position that is not an SES office or position, the System Governor must have regard to whether the office or position is sufficiently senior for the employee to perform the function or exercise the power.

Delegation to persons who are not APS employees

 (3) Before delegating a function or power under subsection (1) to a person who is not an APS employee, the System Governor must have regard to whether the person has appropriate qualifications or expertise to perform the function or exercise the power.

 (4) The System Governor may only delegate the System Governor’s function or power under subsection 582(1) (which deals with automation of administrative action) to an APS employee in the Department who is holding, occupying, or performing the duties of an SES office or position.