Victorian Consolidated Legislation

Transport Accident Act 1986 - SECT 22

Delegation

22. Delegation



(1) The Commission may, by instrument, delegate to an officer or employee of
the Commission any function or power of the Commission under this Act, other
than this power of delegation.

(2) The Commission may, by an instrument, delegate to any person any function
or power of the Commission under any other Act, other than this power of
delegation.

(3) The Commission may, by instrument, delegate to any person any functions or
powers of the Commission under Part 5 or Part 7 or, insofar as they relate to
its functions and powers under Part 7, its functions or powers under Part 9
including, subject to subsection (4), this power of delegation.

(4) A person to whom a function or power has been delegated under subsection
(1), (2) or (3) may, subject to and in accordance with the approval of the
Commission given generally or in a particular case, by instrument or, if a
body corporate, by instrument under seal, authorize another person to perform
the function or exercise the power so delegated.

(5) An authority given by a delegate of the Commission under subsection (4)
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.

(6) Any act or thing done in the performance of a function or the exercise of
a power by a person authorized by a delegate of the Commission under
subsection (4) to perform that function or exercise that power has the same
force or effect as if it had been done by the Commission.

(7) Where the performance of a function or the exercise of a power by the
Commission is dependent on the opinion, belief or state of mind of the
Commission in relation to a matter and that function or power has been
delegated under subsection (1), (2) or (3) that function or power may be
performed or exercised by the delegate or by a person authorized by the
delegate under subsection (4) upon the opinion, belief or state of mind of the
delegate or of the authorized person, as the case may be, in relation to that
matter.

(8) The giving of an authority under subsection (4) does not prevent a
performance of the function or the exercise of the power by the person by whom
the authority was given.

(9) Where a person purports to perform a function or exercise a power under
Part 5 or Part 7, or, insofar as it relates to functions and powers under
Part 7, under Part 9, it shall be presumed, unless the contrary is
established, that the person is duly authorized by a delegation under
subsection (3) or by an authority under subsection (4) given pursuant to such
a delegation to perform the function or exercise the power.

(10) The giving of an authority under subsection (4) 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 authority.