Section 3: Delegation instruments
A delegation instrument should clearly identify:
- the delegate
- the section of the legislation that permits the delegation
- the power or function being delegated
- whether any limitations are to be imposed on the scope of the delegation.
Agency Heads may choose how they specify how their powers or functions are to be delegated. They may:
- name the relevant employee or employees to whom the powers or functions are delegated
- specify that the power or function is delegated to the person or persons performing from time to time the duties specified in the instrument
- specify that the power or function is delegated to the person or persons nominated from time to time to occupy a specified position created under section 77 of the PS Act.
Where either of the latter two options are adopted, a delegation will not cease to operate where there is a change in the person occupying a position or performing the specified duties.
In drafting instruments of delegation, agencies may consider how to set out the relevant powers to be delegated. It may be helpful to group delegations by function/topic e.g. in relation to engagement, termination, assignment of duties etc. This reduces the risk of a decision point being missed within a process.
Where a person holding a specified role or position under legislation makes an instrument of delegation, those delegations remain in place when there is a change of the person holding that position. For example, instruments of delegation made by the Commissioner, the MPC or an Agency Head continue to be in effect when the person in those positions changes, until the instruments are otherwise revoked, or revoked and replaced.