Delegation by the CEO
80 Delegation by the CEO
The CEO may, in writing, delegate all or any of the CEO’s functions, powers or duties under this Act to a member of the staff of the Authority who is an SES employee or an acting SES employee.
Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
However, subsection (1) does not apply in relation to the following:
subsection 6(10) (making of guidelines);
section 9 (specification of trigger notice);
subsections 56(1), (3) and (4) (application for community of interest determination);
subsection 62(1) (application for Fair Work Commission order);
subsections 68(3) and (5) (review of operation of Part 5).
The CEO may, in writing, delegate the CEO’s functions or powers under section 76 or 77 (disclosure and use of information) to any of the following:
a member of the staff of the Authority;
a person whose services are made available to the Authority under subsection 52(1);
a person engaged as a consultant under subsection 53(1).
The CEO must not delegate a function or power to a person under subsection (3) unless the CEO is satisfied that the person has suitable qualifications, training or experience to properly perform the function or exercise the power.
In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the CEO.
This Act’s bill:Explanatory memorandumSecond reading speech
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