sec.272Engaging service provider

### sec.272 Engaging service provider The chief executive may, in writing, authorise an entity (an engaged service provider ) to perform an office holder’s functions ( authorised functions ). When performing authorised functions, an engaged service provider has the same powers as the office holder, including a power of delegation, but not including the power to authorise an engaged service provider under subsection (1) . The chief executive may give the authority subject to stated conditions, including, for example, a condition— that a particular power only be exercised subject to a decision of the chief executive; or a condition requiring the engaged service provider to obtain the chief executive’s approval before delegating a particular power imposing particular duties on the engaged service provider’s employees. a condition requiring the engaged service provider to ensure the provider’s employees receive the training required by the chief executive a condition requiring the engaged service provider to ensure the provider’s employees are subject to the approved code of conduct for public service agencies, and any approved standard of practice for the department, under the Public Sector Ethics Act 1994 The authorisation of an engaged service provider to perform an authorised function does not relieve the chief executive of the chief executive’s obligation to ensure the function is properly performed. Laws apply to the engaged service provider, and to persons in relationship to the engaged service provider, in the performance of an authorised function, or in the exercise of a power for an authorised function, as if the engaged service provider were the officer holder. In this section— entity does not include a public service employee. function , of an office holder, means a function of the office holder under— this Act, other than the chief executive’s functions relating to— the appointment of the chief inspector or inspectors; and the appointment or assignment of official visitors; or another Act relating to corrective services. office holder means— the chief executive; or a corrective services officer. s 272 amd 2010 No. 37 s 177 sch ; 2023 No. 14 s 29 (sec.272-ssec.1) The chief executive may, in writing, authorise an entity (an engaged service provider ) to perform an office holder’s functions ( authorised functions ). (sec.272-ssec.2) When performing authorised functions, an engaged service provider has the same powers as the office holder, including a power of delegation, but not including the power to authorise an engaged service provider under subsection (1) . (sec.272-ssec.3) The chief executive may give the authority subject to stated conditions, including, for example, a condition— that a particular power only be exercised subject to a decision of the chief executive; or a condition requiring the engaged service provider to obtain the chief executive’s approval before delegating a particular power imposing particular duties on the engaged service provider’s employees. a condition requiring the engaged service provider to ensure the provider’s employees receive the training required by the chief executive a condition requiring the engaged service provider to ensure the provider’s employees are subject to the approved code of conduct for public service agencies, and any approved standard of practice for the department, under the Public Sector Ethics Act 1994 (sec.272-ssec.4) The authorisation of an engaged service provider to perform an authorised function does not relieve the chief executive of the chief executive’s obligation to ensure the function is properly performed. (sec.272-ssec.5) Laws apply to the engaged service provider, and to persons in relationship to the engaged service provider, in the performance of an authorised function, or in the exercise of a power for an authorised function, as if the engaged service provider were the officer holder. (sec.272-ssec.6) In this section— entity does not include a public service employee. function , of an office holder, means a function of the office holder under— this Act, other than the chief executive’s functions relating to— the appointment of the chief inspector or inspectors; and the appointment or assignment of official visitors; or another Act relating to corrective services. office holder means— the chief executive; or a corrective services officer. - (a) that a particular power only be exercised subject to a decision of the chief executive; or Example— a condition requiring the engaged service provider to obtain the chief executive’s approval before delegating a particular power - (b) imposing particular duties on the engaged service provider’s employees. Examples— • a condition requiring the engaged service provider to ensure the provider’s employees receive the training required by the chief executive • a condition requiring the engaged service provider to ensure the provider’s employees are subject to the approved code of conduct for public service agencies, and any approved standard of practice for the department, under the Public Sector Ethics Act 1994 - • a condition requiring the engaged service provider to ensure the provider’s employees receive the training required by the chief executive - • a condition requiring the engaged service provider to ensure the provider’s employees are subject to the approved code of conduct for public service agencies, and any approved standard of practice for the department, under the Public Sector Ethics Act 1994 - • a condition requiring the engaged service provider to ensure the provider’s employees receive the training required by the chief executive - • a condition requiring the engaged service provider to ensure the provider’s employees are subject to the approved code of conduct for public service agencies, and any approved standard of practice for the department, under the Public Sector Ethics Act 1994 - (a) this Act, other than the chief executive’s functions relating to— (i) the appointment of the chief inspector or inspectors; and (ii) the appointment or assignment of official visitors; or - (i) the appointment of the chief inspector or inspectors; and - (ii) the appointment or assignment of official visitors; or - (b) another Act relating to corrective services. - (i) the appointment of the chief inspector or inspectors; and - (ii) the appointment or assignment of official visitors; or - (a) the chief executive; or - (b) a corrective services officer.