72Delegation by the Inspector‑General

72 Delegation by the Inspector‑General

(1) The Inspector‑General may, in writing and subject to subsections (2) and (3), delegate any of the Inspector‑General’s functions, powers or duties under this Act or the regulations, or under Part 4 of the Regulatory Powers Act (as that Part applies in relation to this Act), to an official of the Office: (a) who is an SES employee or acting SES employee; or (b) who holds, or is acting in, an Executive Level 2, or equivalent, position.

Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

(2) The Inspector‑General must not delegate any of the Inspector‑General’s functions, powers or duties under the following provisions: (a) section 15 (preparing an annual work plan); (b) section 16 (varying an annual work plan); (c) section 17 (conducting a review); (d) subsection 24(1) (preparing a final report); (e) subsection 24(3) (requiring a response to a recommendation); (f) subsections 25(1) and (3) (publishing a final review report); (g) subsection 28(3) (publishing a report into implementation of Aged Care Royal Commission recommendations); (h) subsection 29(2A) (publishing an extra report to Parliament); (i) subparagraph 50(1)(b)(i) (certifying that it is reasonably necessary to enter non‑Commonwealth premises); (j) section 71 (preparing an annual report). (3) The Inspector‑General may delegate any of the Inspector‑General’s functions, powers or duties under the following provisions only to an SES employee or acting SES employee: (a) section 18 (notice of review); (b) paragraph 50(7)(b) (authorised officials). (4) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Inspector‑General.