21Delegation

21 Delegation

(1) The Secretary may, in writing, delegate any of the Secretary’s powers or functions under this instrument (other than this power of delegation) to an APS employee in the Department who holds or performs the duties of: (a) an Executive Level 1 position; or (b) an equivalent or higher position. (2) Before delegating a power or function under subsection (1), the Secretary must have regard to: (a) if the power or function is to be delegated to an APS employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the APS employee to exercise the power or perform the function or duty; or (b) otherwise—whether the APS employee has appropriate qualifications or expertise to exercise the power or perform the function. (3) In doing anything under a delegation under this section, the delegate must comply with any directions of the Secretary.