sec.148BBChief executive may delegate functions or powers

### sec.148BB Chief executive may delegate functions or powers The chief executive may delegate 1 or more of the chief executive’s functions or powers under this Act in relation to an Aboriginal or Torres Strait Islander child who is— a child in need of protection; or likely to become a child in need of protection. The delegation must— despite the Acts Interpretation Act 1954 , section 27A (1) (b) , state the name of the person to whom the function or power is delegated; and state the child’s name; and state each function or power the person may perform or exercise in relation to the child; and state any conditions of the delegation. The chief executive may delegate a function or power to a person in relation to a child under subsection (1) only if— the person— is an Aboriginal or Torres Strait Islander person; and is the chief executive officer, however named, of an appropriate Aboriginal or Torres Strait Islander entity; and holds a working with children authority; and the chief executive is reasonably satisfied the person— is appropriately qualified to perform the function or exercise the power in relation to the child; and is a suitable person to perform the function or exercise the power in relation to the child. Before delegating a function or power to a person under subsection (1) , the chief executive must— to the extent it is safe, possible and practical to do so, seek the views of the child and the parents of the child; and have regard to any views obtained under paragraph (a) . The delegation does not take effect until the person has given the chief executive written notice that the person accepts the delegation. s 148BB ins 2017 No. 44 s 48 amd 2022 No. 7 s 56 (sec.148BB-ssec.1) The chief executive may delegate 1 or more of the chief executive’s functions or powers under this Act in relation to an Aboriginal or Torres Strait Islander child who is— a child in need of protection; or likely to become a child in need of protection. (sec.148BB-ssec.2) The delegation must— despite the Acts Interpretation Act 1954 , section 27A (1) (b) , state the name of the person to whom the function or power is delegated; and state the child’s name; and state each function or power the person may perform or exercise in relation to the child; and state any conditions of the delegation. (sec.148BB-ssec.3) The chief executive may delegate a function or power to a person in relation to a child under subsection (1) only if— the person— is an Aboriginal or Torres Strait Islander person; and is the chief executive officer, however named, of an appropriate Aboriginal or Torres Strait Islander entity; and holds a working with children authority; and the chief executive is reasonably satisfied the person— is appropriately qualified to perform the function or exercise the power in relation to the child; and is a suitable person to perform the function or exercise the power in relation to the child. (sec.148BB-ssec.4) Before delegating a function or power to a person under subsection (1) , the chief executive must— to the extent it is safe, possible and practical to do so, seek the views of the child and the parents of the child; and have regard to any views obtained under paragraph (a) . (sec.148BB-ssec.5) The delegation does not take effect until the person has given the chief executive written notice that the person accepts the delegation. - (a) a child in need of protection; or - (b) likely to become a child in need of protection. - (a) despite the Acts Interpretation Act 1954 , section 27A (1) (b) , state the name of the person to whom the function or power is delegated; and - (b) state the child’s name; and - (c) state each function or power the person may perform or exercise in relation to the child; and - (d) state any conditions of the delegation. - (a) the person— (i) is an Aboriginal or Torres Strait Islander person; and (ii) is the chief executive officer, however named, of an appropriate Aboriginal or Torres Strait Islander entity; and (iii) holds a working with children authority; and - (i) is an Aboriginal or Torres Strait Islander person; and - (ii) is the chief executive officer, however named, of an appropriate Aboriginal or Torres Strait Islander entity; and - (iii) holds a working with children authority; and - (b) the chief executive is reasonably satisfied the person— (i) is appropriately qualified to perform the function or exercise the power in relation to the child; and (ii) is a suitable person to perform the function or exercise the power in relation to the child. - (i) is appropriately qualified to perform the function or exercise the power in relation to the child; and - (ii) is a suitable person to perform the function or exercise the power in relation to the child. - (i) is an Aboriginal or Torres Strait Islander person; and - (ii) is the chief executive officer, however named, of an appropriate Aboriginal or Torres Strait Islander entity; and - (iii) holds a working with children authority; and - (i) is appropriately qualified to perform the function or exercise the power in relation to the child; and - (ii) is a suitable person to perform the function or exercise the power in relation to the child. - (a) to the extent it is safe, possible and practical to do so, seek the views of the child and the parents of the child; and - (b) have regard to any views obtained under paragraph (a) .