Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The CEO may
delegate to —
(a)
another officer of the Department; or
(b) the
employing authority of another department or an organisation; or
(c) an
officer of another department or an employee of an organisation; or
(d) any
other person or body (whether incorporated or not),
any power or duty of
the CEO under another provision of this or a relevant Act.
(2) The delegation
must be in writing signed by the CEO.
(3) Except in the case
of an officer of the Department, a power or duty can only be delegated to a
person or body under subsection (1) if the person or body has been
approved, or is in a class of person or body approved, by the Minister for the
purposes of this section.
(4) A person to whom a
power or duty is delegated under subsection (1)(a), (c) or (d)
cannot delegate that power or duty.
(5) A delegation under
subsection (1)(b) may expressly authorise the delegate to further
delegate the power or duty but only to an officer or employee of the
department or organisation.
(6) A person or body
exercising or performing a power or duty that has been delegated to the person
or body under, or as authorised under, this section is to be taken to do so in
accordance with the terms of the delegation unless the contrary is shown.
(7) Nothing in this
section limits the ability of —
(a) the
CEO to perform a function through an officer or agent; and
(b) an
employing authority to whom a power or duty is delegated under this section
from exercising that power or performing that duty through an officer or
agent.
(8) In this section,
"department", "employing
authority" and " organisation" each have the meaning given to them in
section 3 of the Public Sector Management Act 1994 .
[Section 105 inserted by No. 38 of 2007
s. 134.]