Section 7: Agency Heads powers and delegation to an outsider

Agency Heads powers and delegation to an outsider

As outlined above, APS legislation contains provisions that allows Agency Heads to delegate their powers or functions; however, those provisions also set a limitation.

An Agency Head cannot delegate powers or functions to an ‘outsider’ without the prior written consent of the Commissioner. An outsider defined in section 78(8) of the PS Act means a person who is not:

  • an APS employee
  • a person appointed to an office by the Governor-General, or by a Minister, under a law of the Commonwealth.

This requirement for the Commissioner’s prior written consent also extends to the subdelegation of Agency Head powers and functions to an outsider under section 78(9) of the PS Act.

Seeking the Commissioner’s consent

Applications for delegating Agency Head powers and functions to an outsider are considered by the Commissioner on a case-by-case basis.

Agencies seeking consent should provide the following details to the Australian Public Service Commission:

  • the nature of the relationship of the outsider with the Agency, (e.g. consultant, participant in exchange program, or person employed under other legislation)
  • the legislation or authority under which the person is engaged
  • the duties to be performed, and the powers to be delegated
  • the period for which the consent is required
  • whether supervision of APS employees is included in the duties
  • whether the arrangement (e.g. contract) requires the proposed delegate to have appropriate regard to the APS Values, Employment Principles, Code of Conduct and other relevant APS policy
  • the qualifications and experience of the ‘outsider’
  • any additional information to explain the need for the proposed subdelegation to an outsider.

Agencies should note that consent to a subdelegation to an outsider will be authorised only in exceptional circumstances.

Agencies need to ensure requests to the Commissioner are made from the Agency Head, as it is the Agency Head’s powers that will be delegated. Requests should be sent to employmentpolicy@apsc.gov.au.

Was this page helpful?