What it does
The Human Services (Centrelink) Act 1997 establishes the statutory office of Chief Executive Centrelink and comprehensively defines the legal powers, functions and operating framework for the delivery of Commonwealth social services. At its core, the Act creates a single accountable officer who is ordinarily the Chief Executive Officer of Services Australia (s.7(2)(a)) and confers upon that officer the "service delivery functions" set out in s.8A. These functions are deliberately broad: they encompass the provision of any services, benefits, programs or facilities that are funded by the Commonwealth for a purpose within Commonwealth legislative power, and they also extend to services provided by non-Commonwealth persons for such purposes (s.8A(a)–(b)).
Section 8(1) then lists the Chief Executive Centrelink's functions as including those service delivery functions, any functions conferred by other Acts, any functions prescribed by regulation, and anything incidental or conducive to those functions. The Act goes further by creating two distinct "parallel function" mechanisms. Under s.8(3)–(9), regulations may specify a function that another person (the "primary person") holds under a Commonwealth law; when the Chief Executive Centrelink performs it, the function is taken to have been performed by the primary person, yet the primary person is not prevented from continuing to perform it. A second mechanism in s.8(10)–(14) permits regulations to authorise the Chief Executive Centrelink to act on behalf of another person in the performance of that person's functions, whether under Commonwealth law or otherwise. Both mechanisms contain "for the avoidance of doubt" provisions making clear that delegability or ministerial responsibility are irrelevant.
The Act also regulates the relationship between the Chief Executive Centrelink and the broader Services Australia bureaucracy. Departmental employees (defined as APS employees in Services Australia – s.3) may assist the Chief Executive (s.16) and the Chief Executive may delegate any of his or her functions under this or any other Act to such employees (s.12(1)). Subdelegation of functions originally delegated from another Act is also permitted, subject to consistency with the original delegator's directions (s.12(3)–(4)). All delegates and subdelegates must comply with any directions issued by the Chief Executive Centrelink (s.12(6)), and the Acts Interpretation Act 1901 provisions on delegation (ss.34AA, 34AB, 34A) are applied to subdelegations (s.12(7)).