Powers of delegation
95 Powers of delegation
The Public Advocate may either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to an officer appointed under section 94 any function of the Public Advocate other than —
this power of delegation; and
except as provided in subsection (2), his functions as a guardian or administrator.
Where the Public Advocate is a guardian or administrator, he may with the approval of the State Administrative Tribunal, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate any of his functions as guardian or administrator, including this power of delegation, to any person specified in the instrument of delegation.
The State Administrative Tribunal shall not approve a delegation by the Public Advocate under subsection (2) to a body corporate unless it is satisfied that there is no individual willing and suitable to act as delegate.
An application for the approval of the State Administrative Tribunal under subsection (2) shall be made ex parte, or the Tribunal may give directions as to the persons to whom notice of the application shall be given and who shall be entitled to be heard.
[Section 95 amended: No. 7 of 1996 s. 36; No. 55 of 2004 s. 466.]
96. Existing rights etc.
Appointment as Public Advocate does not render Part 3 of the Public Sector Management Act 1994, or any other Act applying to persons as officers of the Public Service of the State, applicable to that person or affect or prejudice the application to him of those provisions if they applied to him at the time of his appointment.
[Section 96 amended: No. 32 of 1994 s. 3(2); No. 7 of 1996 s. 36.]
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