Last amended: 13 August 2009
It is impossible for the Minister, the Repatriation Commission [3], or the Secretary to personally undertake all the functions required under the VEA [3]. The solution is to delegate their powers to officers of the APS.
The authority to exercise the powers of the Commission for the administration of pensions under the VEA is delegated to decision makers through a formal instrument of delegation.
More ? [5]
To allow an officer to seek information necessary for the investigation of a claim, the Secretary may delegate his or her powers to the officer.
More ? [7]
Delegations are nearly always issued to a specified level, rather than to a specific person. 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.
Section 212 [8] VEA - Delegation by Minister
Section 213 [8] VEA - Delegation by Commission
Section 214 [8] VEA - Delegation by Secretary
Responsibilities of a delegate of the Repatriation Commission
11.9.3/Role and Responsibilities of a Delegate of the Repatriation Commission [11]
According to Section 179 [16]of the VEA [16], the Commission is a body corporate under the name of Repatriation Commission.
Veterans' Entitlements Act 1986.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16947%23comment-form
[2] https://clik.dva.gov.au/book/export/html/16947#tgt-cspol_part11_ftn212
[3] https://clik.dva.gov.au/%23
[4] https://clik.dva.gov.au/book/export/html/16947#tgt-cspol_part11_ftn213
[5] https://clik.dva.gov.au/book/export/html/16947#tgt-cspol_part11_ftn214
[6] https://clik.dva.gov.au/book/export/html/16947#tgt-cspol_part11_ftn215
[7] https://clik.dva.gov.au/book/export/html/16947#tgt-cspol_part11_ftn216
[8] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[9] https://clik.dva.gov.au/book/export/html/16947#ref-cspol_part11_ftn212
[10] https://clik.dva.gov.au/book/export/html/16947#ref-cspol_part11_ftn213
[11] https://clik.dva.gov.au/compensation-and-support-policy-library/part-11-administration-payments/119-powers-administration-and-delegation/1193-delegations/role-and-responsibilities-delegate-repatriation-commission
[12] https://clik.dva.gov.au/book/export/html/16947#ref-cspol_part11_ftn214
[13] https://clik.dva.gov.au/book/export/html/16947#ref-cspol_part11_ftn215
[14] https://clik.dva.gov.au/compensation-and-support-policy-library/part-2-applying-pension/21-claims/214-assessment-claim
[15] https://clik.dva.gov.au/book/export/html/16947#ref-cspol_part11_ftn216
[16] http://clik.dva.gov.au/legislation-library