Delegation by President
279 Delegation by President
General rule
The President may, in writing, delegate the President’s functions or powers under this Act, another Act or an instrument made under an Act to:
a member; or
the Principal Registrar; or
a registrar; or
a staff member.
Exception—functions and powers that must not be delegated
Despite subsection (1), the President must not delegate:
a function or power the President has because the President is:
a member of the Tribunal as constituted for the purposes of a proceeding; or
a Council member; or
authorised under section 281 to perform or exercise the function or power; or
other than in accordance with subsection (2A)—a function or power under section 200 (giving directions) or subsection 203(3) (restricting member’s duties); or
a function or power under a provision listed in the following table.
Functions and powers the President must not delegate | ||
|---|---|---|
Item | Column 1 Provision | Column 2 Summary of topic of provision |
1 | section 14 | decision‑maker |
2 | Division 3 of Part 4 | practice directions |
3 | subsection 109(2) | Tribunal guidance decisions |
4 | Division 5 of Part 7 | referring questions of law |
5 | section 196 | jurisdictional areas and lists |
6 | section 197 | jurisdictional area leaders |
7 | section 199 | assignment of members to jurisdictional areas |
9 | section 201 | code of conduct |
10 | section 202 | performance standard |
12 | section 222 | President must notify Minister about grounds for termination |
13 | Subdivision B of Division 4 of Part 8 | appointment and functions of Principal Registrar |
Functions and powers that may only be delegated to a Non‑Judicial Deputy President
The President may, in writing, delegate the President’s functions or powers under section 200 (giving directions) or subsection 203(3) (restricting member’s duties) to a member who is a Non‑Judicial Deputy President.
Delegates must comply with directions
In performing or exercising a function or power delegated under this section, the delegate must comply with any written directions of the President.
This Act’s bill:Explanatory memorandumSecond reading speech
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