683Delegation by the Fair Work Ombudsman

683 Delegation by the Fair Work Ombudsman

(1) The Fair Work Ombudsman may, in writing, delegate to a member of the staff of the Office of the Fair Work Ombudsman or to an inspector all or any of the Fair Work Ombudsman’s functions or powers under any Act (subject to subsections (1A) and (1B)).

(1A) The Fair Work Ombudsman must not delegate his or her functions or powers as an inspector.

(1B) The Fair Work Ombudsman may delegate to a member of the staff of the Office of the Fair Work Ombudsman who is an SES employee or an acting SES employee:

(a) the power under subsection 712AA(1) to apply for the issue of an FWO notice; and

(b) the power under subsection 712AD(1) to give an FWO notice; and

(c) the power under subsections 712AD(3) and (4) to give notice of a later time.

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

(2) In performing functions or exercising powers under a delegation, the delegate must comply with any directions of the Fair Work Ombudsman.