Public Sector Management Act 1994

Subject to any other written law, a chief executive officer or chief employee may delegate any power or duty of the chief executive officer or chief employee under another provision of this Act to —

a public service officer; or

any other employee; or

a person who is appointed, employed or holds office in an entity that is —

listed in Schedule 1 column 2; and

prescribed for the purposes of this section;

with the approval of the Commissioner, any other person.

The Commissioner must not approve a delegation under subsection (1)(d) unless the Commissioner is satisfied that the delegation is necessary or convenient having regard to —

the functions of the department or organisation in relation to which the chief executive officer or chief employee has the power or duty; or

the specialised knowledge, expertise or resources of the person to whom the power or duty is delegated.

The delegation must be in writing and signed by the chief executive officer or chief employee.

A person to whom a power or duty is delegated under this section cannot delegate that power or duty.

A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.

If a power or duty is delegated under subsection (1), the power or duty is, when exercised or performed by the delegate, to be taken to be exercised or performed by the person who delegated it.

Nothing in this section limits the ability of the chief executive officer or chief employee to perform a function through an officer or agent.