Victorian Consolidated Legislation

Accident Compensation Act 1985 - SECT 21

Delegation

21. Delegation





(1) The Authority may, by instrument, delegate to any person any function or
power of the Authority under this Act or any other Act including, subject to
subsection (3), this power of delegation.



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(3) A person to whom a function or power has been delegated under subsection
(1) may, subject to and in accordance with the approval of the Authority given
generally or in a particular case, by instrument in writing, or in the case of
a body corporate that has a common seal, under its common seal, authorise
another person to perform the function or exercise the power so delegated.

(4) An authority given by a delegate of the Authority under subsection (3) may
be revoked at any time by the delegate by instrument in writing and, where a
delegation under which the authority was given is revoked, the authority is
revoked.

(5) Any act or thing done in the performance of a function or the exercise of
a power by a person to whom that function or power is delegated by the
Authority under subsection (1) or by a person authorised by a delegate of the
Authority under subsection (3) to perform that function or exercise that power
has the same force or effect as if it had been done by the Authority.





(6) Where the performance of a function or the exercise of a power by the
Authority is dependent on the opinion, belief or state of mind of the
Authority in relation to a matter and that function or power has been
delegated under subsection (1), that function or power may be performed or
exercised by the delegate or by a person authorised by the delegate under
subsection (3) upon the opinion, belief or state of mind of the delegate or of
the authorised person, as the case may be, in relation to that matter.

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

(8) Where a person purports to perform a function or exercise a power under
this Act, it shall be presumed, unless the contrary is established, that the
person is duly authorised by a delegation under subsection (1) or by an
authority under subsection (3) given pursuant to such a delegation to perform
the function or exercise the power.

(9) A delegation under subsection (1) or the giving of an authority under
subsection (3) may be made subject to such conditions or limitations as to the
performance or exercise of any of the functions or powers to which it relates
or as to time or circumstance as is specified in the instrument of delegation
or in the authority.

(10) A delegation must not be made under this section to any person, other
than a Director of the Board appointed under section 25 or 26 or an officer or
employee of the Authority, in respect of any power, function, authority or
discretion to which section 10B of the Dangerous Goods Act 1985 applies.