Policy Statement
Instruments of Delegation provide the authority to make decisions under DVA legislation on behalf of the Repatriation Commission or the Secretary.
Authority
Legislative authority for delegated powers appears in section 384 of the Military Rehabilitation and Compensation Act 2004 (MRCA)
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, 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 and the Repatriation Commission. Delegated powers are not personalised, so delegated powers belong to the job role.
Instruments of Delegation
The Instrument of Delegation is the only authoritative source and 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.
Note that any recently introduced measure or ‘pilot’ may not appear in the existing generic Instrument of Delegation but may 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: #
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.
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 Delegate in this library
Legislation
Military Rehabilitation and Compensation Act 2004 (MRCA), section 384
Internal Guidelines
DVA Business Delegations – see Instruments of Delegation
DVA Financial Delegations (PGPA Act)