Division 7 Delegation

21   Delegation

(1)  The Minister, Director-General or Corporation may, by instrument in writing, under seal (in the case of the Corporation), delegate such of their functions (other than this power of delegation) conferred or imposed by or under this or any other Act as are specified in the instrument to any person, and may, by such an instrument, revoke wholly or in part any such delegation.

(2)  A delegation under subsection (1) may be made to:

(a)  a specified person (whether a natural person or a corporation), or

(b)  a person for the time being holding a specified office.

(3)  Except in so far as the instrument of delegation otherwise provides, a person to whom a function has been delegated under subsection (1) may:

(a)  in the case of a natural person—by writing under the person’s hand, or

(b)  in the case of a corporation—by writing under its seal,

      authorise another person to exercise the function so delegated, and may, in like manner, revoke wholly or in part any such authority.

(4)  An authority under subsection (3) may be given to:

(a)  a specified person, or

(b)  a person for the time being holding a specified office.

(5)  Any act or thing done or suffered in the exercise of a function by a person to whom the function has been delegated under subsection (1) or by a person authorised by the delegate under subsection (3) to exercise the function has the same force and effect as if it had been done or suffered by the Minister, Director-General or Corporation, as the case may require, and shall be deemed to have been done or suffered by the Minister, Director-General or Corporation, as the case may require.

(6)  A delegation under subsection (1) does not prevent the exercise of a function by the Minister, Director-General or Corporation, as the case may require.

(7)  The giving of an authority under subsection (3) does not prevent the exercise of a function by the person by whom the authority was given.

(8)  A document purporting to be signed by a person as a delegate of the Minister, Director-General or Corporation shall be deemed, unless the contrary is established, to have been signed by such a delegate and to have been so signed pursuant to the exercise of a function duly delegated to the person under subsection (1).

(9)  A document purporting to be signed by a person authorised by a delegate of the Minister, Director-General or Corporation to sign the document shall be deemed, unless the contrary is established, to have been signed by a person so authorised and to have been so signed pursuant to the exercise of a function that the person is duly authorised by such a delegate to exercise.

(10)  A delegation or authority under this section may be made or given subject to such conditions or such limitations as to the exercise of any of the functions delegated, or as to time or circumstances, as may be specified in the instrument of delegation or authority.

(11)  The provisions of this section are in addition to and not in derogation of any other provision which authorises or provides for the authorisation of a person to exercise any function of the Minister, Director-General or Corporation.

(12)  This section does not authorise the delegation of any of the following powers:

(a)  the power to give an approval for the purposes of section 23 (3) (b) of this Act,

(b)  the power to conduct an inquiry referred to in section 123 of the Health Services Act 1997,

(c)  the power to make determinations under section 127 (3) of the Health Services Act 1997.