The * Aged Care Secretary may, in writing, delegate his or her powers under paragraph 38-25(3B)(b) to:
(a) a person in relation to whom there is in force a delegation by the Aged Care Secretary of functions under subsection 96-2(5) of the Aged Care Act 1997 ; or
(b) a person:
(i) who is a person of a kind specified in a determination that is in force and that is made by the * Aged Care Minister for the purposes of paragraph 38-25(3B)(a); and
(ii) whom the Aged Care Secretary is satisfied is qualified and experienced to make assessments of the kind referred to in paragraph 38-25(3B)(b).