Delegation
146 Delegation
The public guardian may delegate the public guardian’s functions and powers under this Act or another Act (other than the powers under section 25(1), 29 and 106) to—
an appropriately qualified member of the public guardian’s staff; or
another individual, including a community visitor, who the public guardian considers is an appropriately qualified person to perform the functions or exercise the powers delegated to the person.
The public guardian may delegate the public guardian’s powers under section 29 or 106 to a senior executive or a senior officer.
The public guardian may delegate the public guardian’s powers under section 25(1) to a senior executive.
A person exercising the public guardian’s mediation or conciliation power under a delegation must, if asked, produce evidence of the delegation.
Also, if the public guardian has power for a personal matter for an adult, the public guardian may delegate the power to make day-to-day decisions about the matter to 1 of the following—
an appropriately qualified person who is caring for the adult;
a health provider of the adult;
Note—
This is despite an adult’s health provider not being eligible to be appointed as the adult’s guardian or administrator (see the Guardianship Act, section 14(1) (Appointment of 1 or more eligible guardians and administrators)) or as the adult’s attorney (see the Powers of Attorney Act, section 29 (Meaning of eligible attorney)).
an attorney under an enduring document;
1 of the persons who could be eligible to be the adult’s statutory health attorney.
In this section—
day-to-day decision means a minor, uncontroversial decision about day-to-day issues that involves no more than a low risk to the adult.
Example of day-to-day decision—
a decision about podiatry, physiotherapy, non-surgical treatment of pressure sores and health care for colds and influenza
senior officer see the Public Sector Act 2022, schedule 2.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.