Social Security Commission Bill 2018 [2018] AUSStaCSBSD 205 (12 September 2018)

• Social Security Commission Bill 2018
• Broad delegation of administrative powers 9

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Social Security Commission Bill 2018

Purpose	This bill seeks to establish a Social Security Commission to provide the Parliament with independent advice on the minimum levels for social security payments
Sponsor	Ms Cathy McGowan MP
Introduced	House of Representatives on 20 August 2018

Broad delegation of administrative powers ^[9]

1.10 Clause 43 provides that the general manager of the proposed Social Security Commission (the Commission) may delegate all or any of his or her functions or powers to SES employees or acting SES employees of the Commission, or a member of the staff of the Commission who is in a class of employees prescribed by the regulations.

1.11 The committee has consistently drawn attention to legislation that allows the delegation of administrative powers to a relatively large class of persons, with little or no specificity as to their qualifications or attributes. Generally, the committee prefers to see a limit set either on the scope of powers that might be delegated, or on the categories of people to whom those powers might be delegated. The committee's preference is that delegates be confined to the holders of nominated offices or to members of the Senior Executive Service. Where broad delegations are provided for, the committee considers that an explanation of why these are considered necessary should be included in the explanatory memorandum.

1.12 In this instance, the explanatory memorandum does not explain why it is necessary to allow the general manager to delegate his or her functions or powers to a member of the staff of the Commission who is in a class of employees prescribed by regulation.

1.13 The committee considers it may be appropriate to amend the bill to require that, when delegating a function or power, the general manager be satisfied that the employee has, or the class of employees have, the expertise appropriate to the functions or powers delegated.

1.14 The committee otherwise draws its scrutiny concerns to the attention of senators and leaves to the Senate as a whole the appropriateness of allowing the general manager to delegate all or any of his or her functions or powers to a staff member of the Commission in a class of employees prescribed by regulation.

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[9] Subclause 43(1). The committee draws senators’ attention to this provision pursuant to Senate Standing Order 24(1)(a)(ii).