2.9 Delegations

Policy Statement

Instruments of Delegation provide the authority to make decisions under DVA’s portfolio legislation, on behalf of the Commissions or the Secretary, as applicable.

Authority

Legislative authority for delegated powers appears in the following Acts:

• Military Rehabilitation and Compensation Act 2004 (MRCA), section 384;
• Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA), section 152; and
• Veterans’ Entitlements Act 1986 (VEA), sections 212, 213 & 214.

DVA’s Instruments of Delegations are available on the Intranet for DVA staff to view.

Intent

Determinations made for specific legislative decisions must be made by a person who has the delegated authority stated in the current Instrument of Delegation for the relevant Act, Instrument or Regulation.

Background

Staff at specified classification levels are delegated the authority to make decisions under the Department's portfolio legislation on behalf of the Minister, the Secretary, the Repatriation Commission or the Military Rehabilitation and Compensation Commission. Delegated powers are not personalised, so delegated powers belong to the job role.

Requirements

Instruments of Delegation

The Instrument of Delegation is the only authoritative source. The Instrument of Delegation for the relevant Act will identify who can be a delegate, each specific legislative provision being delegated and whether there are any limitations imposed on the scope of the delegation.

Each Act has its own generic Instrument of Delegation and the delegations for similar decisions may not always align across the different Acts.

A recently introduced measure or pilot may not yet appear in the existing generic Instrument of Delegation, but instead have one or more separate stand-alone Instruments.

Delegate responsibility

It is a decision-maker’s responsibility to ensure they have the delegated authority to make a specific decision. They must meet the specified APS level and any other requirements stated in the Instrument of Delegation for the legislative provision.

It should be noted that while the effect of delegation to level is that all departmental employees at the designated level are capable of exercising the delegated power, not all employees at the designated APS level are required to use the power as part of their duties. The necessity to use the power derives from the allocated duties of each individual APS employee.

Determinations by a Delegate

These are the decision points for rehabilitation that require a Delegate’s determination:

• Refer a person for a rehabilitation assessment or examination.
• Choose an examiner with suitable qualifications or expertise to carry out the examination.
• Approval of a person’s rehabilitation program, which includes: ^#
  • initial approval
  • variation or amendment
  • closure
• Seek the assistance of persons with suitable qualifications or expertise in the design or provision of rehabilitation programs.
• Make arrangements with an approved program provider for the provision of the rehabilitation program.
• Suspension of a person’s right to compensation for failing to undergo a rehabilitation assessment/examination, or refusing to participate in rehabilitation, and any subsequent decision to reinstate a person’s right to compensation.
• Approval of alterations, aids and appliances provided through the rehabilitation program.

^# A two-year Non-Liability Rehabilitation Pilot that ceased on 31 December 2023 required Rehabilitation Delegate approval of the rehabilitation plan and its subsequent closure.

Rehabilitation Delegates also determine a Veteran Payment client’s capacity to participate in rehabilitation and rehabilitation plan approval.

Determinations are required to be made by a relevant Delegate for household services, attendant care, the catastrophic injury provisions and the motor vehicle schemes.

Related Policies, Legislation and Information

Policy

11.9 Powers of Administration and Delegation in the CLIK Compensation and Support Library

1.5 The role of the Rehabilitation Coordinator in this library

13.2 Claimant and Delegate responsibilities and conflict of interest in this library

Legislation

Military Rehabilitation and Compensation Act 2004 (MRCA), section 384

Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA), section 152

Veterans’ Entitlements Act 1986 (VEA), sections 212, 213 & 214

Internal Guidelines

DVA’s Business Delegations – Instruments of Delegations and Authorisation

DVA's Financial Delegations (PGPA Act)