Ombudsman Act 1974 No 68
Current version for 26 November 2012 to date (accessed 25 May 2013 at 06:26)
10 Delegation
(1) Subject to subsection (2), the Ombudsman may delegate to a special
officer of the Ombudsman the exercise of any functions of the Ombudsman,
including any function which the Ombudsman may exercise pursuant to section
10B.
(2) The Ombudsman may not delegate the exercise of:(a) any function to make any report under this Act, except in
accordance with subsection (2A),
(b) any function conferred by section 9, 10A or 21C, or the power to
accept or to refuse to accept a delegation to which section 10B applies or the
power to exercise or to refuse to exercise a function conferred on the
Ombudsman as referred to in that section,
(b1) any function conferred by section 19 (2), other than to an
Assistant Ombudsman, or
(c) the function conferred by subsection (1).
(d), (e) (Repealed)
(2A) The Ombudsman may delegate the exercise of the function to make a
report:(a) under section 26 or 29, to an Assistant Ombudsman,
and
(b) under section 28 or 29 (1) (a) or (2) (a), to a special officer of
the Ombudsman.
(3) A delegation under this section may be made subject to conditions
or limitations as to the exercise of any of the functions delegated, or as to
time or circumstances.
(4) A delegation under this section must be made by instrument in
writing.
(5) An instrument of delegation must specify:(a) the functions the exercise of which is delegated,
and
(b) any conditions or limitations on the
delegation.
(6) The Ombudsman may revoke a delegation under this section at any
time, whether made by the Ombudsman or not.
(7) A delegation under this section is not revoked by the happening of
a vacancy in the office of Ombudsman or by an absence or disability of the
Ombudsman, except to the extent that the instrument of delegation so
provides.
(8) During a vacancy in the office of Ombudsman, if there is no acting
Ombudsman, the Minister may revoke a delegation under this
section.
(9) Notwithstanding any delegation made under this section, the
Ombudsman may continue to exercise all or any of the functions
delegated.