Public Guardian Act 2014

The public guardian may, in writing, authorise an entity (an external contractor) to perform a child advocate function (authorised function) the public guardian may perform under this Act.

However, the public guardian may not authorise an external contractor—

to provide the community visitor program (child); or

to perform the functions of a community visitor (child); or

to apply for a warrant under section 79.

When performing an authorised function, an external contractor has the same powers as the public guardian, including a power of delegation, but not including the power to authorise an external contractor under subsection (1).

The public guardian may give the authority subject to stated conditions and limitations, including, for example, a condition—

that a particular power only be exercised subject to a decision of the public guardian; or

imposing particular duties on the external contractor’s employees.

The authorisation of an external contractor to perform an authorised function does not relieve the public guardian of the public guardian’s obligation to ensure the function is properly performed.

Laws apply to the external contractor, and to persons in relationship to the external contractor, in the performance of an authorised function, or in the exercise of a power for an authorised function, as if the external contractor were the public guardian.

In this section—