Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Minister may
delegate to —
(a) the
CEO; or
(b)
another officer of the Department; or
(c) an
officer of another department or an employee of an organisation; or
(d)
another Minister; or
(e) the
employing authority of another department or organisation; or
(f) any
other person or body (whether incorporated or not),
any power or duty of
the Minister under another provision of this Act.
(2) The delegation
must be in writing signed by the Minister.
(3) A person to whom a
power or duty is delegated under subsection (1)(b), (c) or (f)
cannot delegate that power or duty.
(4) A delegation under
subsection (1)(d) may expressly authorise the other Minister to further
delegate the power or duty but only to an officer or employee of a department
administered by the other Minister.
(5) A delegation under
subsection (1)(a) or (e) 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
exercising or performing a power or duty that has been delegated to the person
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
Minister to perform a function through an officer or agent; and
(b) a
Minister or 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 76 inserted by No. 38 of 2007
s. 184.]