19Delegation

19 Delegation

(1) The Commission may, by writing under its common seal, delegate to a member of the Commission, a member of the staff of the Commission or another person or body of persons all or any of the powers conferred on the Commission under this Act. (2) A member may, by writing signed by the member, delegate to: (aa) a member of the Commission; or (a) a member of the staff of the Commission; or (b) any other person or body of persons; approved by the Commission, all or any of the powers exercisable by the member under this Act. (2A) Subsection (2) does not allow the President to delegate to another member of the Commission any of the President’s powers under Part IIB or IIC. (2B) Subsection (2) does not allow the President to delegate any of the President’s powers relating to: (a) functions of the Commission under paragraphs 11(1)(f) and 11(1)(p) that are to be performed by the President because of subsection 8(6); or (b) functions of the Commission under paragraphs 31(b) and 31(k) that are to be performed by the President because of subsection 8(6); to a member of the Commission other than the Human Rights Commissioner. (2BA) Subsection (2) does not allow the President to delegate a power that can be exercised by the President because of subsection 8(6A). (2C) The requirement in subsection (2) for approval by the Commission does not apply to a delegation by the President. (2D) Subsection (2) does not allow the President to delegate a power under section 35F, 35G or 35J to a person other than a member of the staff of the Commission who is: (a) an SES employee; or (b) an acting SES employee; or (c) classified as Executive Level 2 or equivalent; or (d) acting in a position usually occupied by a member of the staff of the Commission who is so classified.

Note: The expressions SES employee and acting SES employee are defined in the Acts Interpretation Act 1901.

(5) Subject to any provision in the instrument of delegation, a person to whom a power of the Commission has been delegated under subsection (1) may, for the purposes of the exercise of that power, exercise any power conferred on a member of the Commission by this Act. (6) In subsection (1), power does not include a power conferred on the Commission by the Racial Discrimination Act 1975, the Sex Discrimination Act 1984, the Disability Discrimination Act 1992, or the Age Discrimination Act 2004. (7) In this section, unless the contrary intention appears, member means a member of the Commission.