Fire and Emergency Services Act 1998

The Minister may, in writing, delegate to the FES Commissioner the performance of any of the Minister’s functions under the emergency services Acts, except the Minister’s functions under Part 6A.

Without limiting the things that may be delegated under subsection (1), they include things that are to be done in the course of governing the affairs of the FES Ministerial Body under section 5(4).

The FES Commissioner may, in writing, delegate —

to another member of staff, an advisory committee established under section 24(1) or a public service officer not employed in the Department — the performance of any of the FES Commissioner’s functions under the emergency services Acts; and

to a member of an SES Unit — any of the FES Commissioner’s powers under section 18B; and

to a member of a VMRS Group — any of the FES Commissioner’s powers under section 18G; and

to a member of a FES Unit — any of the FES Commissioner’s powers under section 18L.

Performance by a delegate of a function delegated under subsection (1) or (2) —

is taken to be in accordance with the terms of a delegation under this section, unless the contrary is shown; and

is to be treated as performance by the delegator.

Except as provided in section 16 a delegation under this section does not include the power to subdelegate.

Nothing in this section is to be read as limiting the ability of the FES Commissioner to act through members of staff or agents in the normal course of business.