Health Legislation Administration Act 1984

The Act rests on a small number of interlocking administrative concepts that determine who may exercise powers, how delegation works, and what governance and accountability processes apply.

• Departmental appointments under public sector rules: Section 6(1) mandates that officers necessary to implement the Acts to which this Act applies must be appointed in the Department under and subject to Part 3 of the Public Sector Management Act 1994. That places such officers firmly within the public sector employment regime for recruitment and status.

• Non‑public appointments and contractors: Section 6(2) permits the Minister to appoint or engage persons who are not public service officers as employees (full‑time, part‑time, casual or fixed term) or under contract for services, except for purposes under the Health Services Act 2016. The terms are to be determined after consultation with the Public Sector Commissioner (s 6(3)). This creates two parallel staffing pathways: statutory public service appointments and Ministerial appointments/engagements outside the public service frame, but still governed for terms by Ministerial determination after consultation with the Commissioner.

• Effect of appointment: Section 8 states that where a person is appointed under s 6 for the purposes of any Act to which this Act applies, all powers and duties conferred or imposed on a person holding that appointment by this Act or by any relevant Act may be exercised by the appointee; orders and directions given by the appointee acting under those powers have effect. This mechanically gives appointees the legal capacity to act under the relevant Acts.

• Delegation regime: Section 9 authorises written delegations, signed by the delegator (Minister, CEO or prescribed officer), of any power or duty the delegator has under a relevant Act, other than the power to delegate itself (s 9(1)). Delegations may be general or qualified, to specified persons, classes of persons, or to holders of offices (s 9(3)). They may carry conditions, be revoked or varied, and the delegator may still exercise delegated powers (s 9(4)-(5)). Delegations are additional to any delegation powers in relevant Acts (s 9(6)). Importantly, s 9(7) lists specific statutory limits on whom may delegate certain powers: the Minister may not delegate powers under the Health (Miscellaneous Provisions) Act 1911, the Human Tissue and Transplant Act 1982 or the Public Health Act 2016; and the CEO and Chief Health Officer may not delegate powers under the Health (Miscellaneous Provisions) Act 1911.

• Prescribed officer concept: The Act defines prescribed officer to mean the Chief Health Officer or any officer or class of officers prescribed by regulation (s 3). That links the delegation and appointment regimes to an externally defined set of officers, adaptable by regulation.

• Financial and audit integration: Section 10 incorporates the Financial Management Act 2006 and Auditor General Act 2006 for the Department and its operations, placing departmental financial control and audit obligations under those statewide frameworks.

• Advisory bodies and remuneration: Section 11 permits the Minister to form advisory bodies, appoint members, and determine their remuneration and terms after consultation with the Public Sector Commissioner. Members appointed under s 11 are explicitly not officers of the Public Service by that appointment alone.

• Regulation‑making power: Section 12 gives the Governor power to make regulations necessary or expedient for the purposes of the Act.

These concepts create a governance architecture: statutory public appointments, alternative Ministerial appointments or contracts for services, an explicit delegation framework with written instruments and exceptions, integration with whole‑of‑government financial/audit statutes, and Ministerial discretion to create advisory mechanisms and set non‑public remuneration. Each mechanism contains decision points that allocate authority and impose administrative compliance tasks (for example: consultation with the Public Sector Commissioner, written delegation instruments, and compliance with the Financial Management Act and Auditor General Act).

The Act affects a compact set of actors, both public and private, by allocating powers and administrative mechanics.

• The Minister: Central decision‑maker for appointments of non‑public employees and contractors for the Acts to which this Act applies (s 6(2)), for establishing advisory groups and determining their membership and remuneration (s 11), and as a potential delegator of statutory powers subject to explicit limits (s 9(1), (7)). The Minister decides remuneration for advisory members after consultation with the Public Sector Commissioner (s 11(3)).

• The Department and its CEO: The Department is defined as the department of the Public Service principally assisting the Minister in administering the Acts to which the Act applies (s 3). The CEO is defined as the chief executive officer of the Department (s 3). The CEO can delegate functions and duties to others under s 9, except for powers under the Health (Miscellaneous Provisions) Act 1911 (s 9(7)(b)). The Department and its operations are subject to the Financial Management Act 2006 and the Auditor General Act 2006 (s 10).

• Chief Health Officer and prescribed officers: The Chief Health Officer is a defined term by reference to the Public Health Act 2016 s 4(1) and is expressly included within the definition of prescribed officer under s 3. A prescribed officer may be a delegator under s 9 and may be prescribed by regulation (s 3). The CEO and Chief Health Officer have specific restrictions on delegation under s 9(7)(b).

• Public Sector Commissioner: Required consultation is embedded into appointment and remuneration processes. The Minister must consult the Public Sector Commissioner before fixing terms and conditions for non‑public appointments and contractors (s 6(3)), and determine remuneration for advisory members after consultation with the Commissioner (s 11(3)). That creates an institutional interface between the Minister's discretionary appointment powers and whole‑of‑government public sector governance.

• Prospective employees and contractors: Persons who are not public service officers can be appointed or engaged by the Minister as employees or contractors for the Acts to which this Act applies, except where the Health Services Act 2016 is involved (s 6(2)). Such appointees will be subject to ministerially determined terms after consultation with the Public Sector Commissioner (s 6(3)). Once appointed under s 6, those persons can exercise powers and perform duties attached to the appointment (s 8).

• Advisory members: Persons appointed to advisory groups, committees, councils or panels under s 11. They are paid remuneration as set by the Minister after consultation with the Public Sector Commissioner (s 11(3)), and their appointment does not by itself make them Public Service officers (s 11(5)).

• Holders of offices or classes of offices: Delegations may be made to persons by reference to the holder of an office or class of offices (s 9(3)), encompassing existing office‑holders within the Department or elsewhere who are within the delegation's scope.

• Auditors and financial oversight entities: The Auditor General and finance managers exercise statutory roles in audit and financial administration by virtue of s 10 incorporating the Financial Management Act 2006 and Auditor General Act 2006 for the Department.

Who pays and who bears administrative costs are implicated though not spelled out in detail: remuneration and allowances for advisory members are determined by the Minister after consultation with the Public Sector Commissioner (s 11(3)), and the Department is subject to financial rules and audit (s 10), which creates an expectation that remuneration, staff salaries and contractual payments are accounted for within departmental budgets and financial reports under the Financial Management Act 2006.

The Act is primarily administrative and grants duties, rights and procedural requirements to the actors identified above. The core statutory duties and rights, with their mechanical implications, are:

• Duty to appoint necessary officers in the Department under the Public Sector Management Act 1994: Section 6(1) requires that officers necessary for carrying out the provisions of the Acts to which this Act applies are to be appointed in the Department and be subject to Part 3 of the Public Sector Management Act 1994. This is an obligation that places recruitment within the public sector process and subjects such officers to the public sector employment framework.

• Ministerial power to appoint or engage non‑public persons: The Minister is empowered to appoint persons who are not public service officers as employees or to engage them under contract for services for the purposes of relevant Acts, except the Health Services Act 2016 (s 6(2)). The Minister must determine the terms and conditions after consultation with the Public Sector Commissioner (s 6(3)). The statutory right is to make such appointments and engagements; the corresponding duty is to consult the Commissioner when setting terms.

• Authority conferred on appointees: Section 8 provides that appointees under s 6 may exercise all powers and carry out all duties conferred on the holder of the appointment by this Act or any relevant Act; orders or directions they give while acting under those powers have legal effect. That is a statutory right to exercise delegated statutory functions.

• Delegation rights and duties: Section 9 authorises the Minister, the CEO and prescribed officers to delegate their powers and duties under relevant Acts by signed written instrument, and makes the exercise of a power or performance of a duty by a delegate legally the exercise or performance by the delegator (s 9(1)-(2)). Delegators have duties to specify conditions, qualifications and exceptions in instruments of delegation if desired, and to revoke or vary delegations by instrument in writing (s 9(4)). Delegators retain the duty and right to exercise powers despite delegation (s 9(5)). Delegation is subject to express restrictions: specified powers under certain Acts are non‑delegable by the Minister, and certain powers under one Act are non‑delegable by the CEO or Chief Health Officer (s 9(7)).

• Financial administration and audit obligations: By virtue of s 10, the Department and its operations are subject to the Financial Management Act 2006 and the Auditor General Act 2006. That creates duties for financial administration, reporting, and audit compliance as set out in those Acts; the Health Legislation Administration Act 1984 does not replicate those duties but makes them applicable.

• Advisory body appointment and remuneration duties: The Minister may establish advisory groups, appoint members and determine remuneration and allowances after consultation with the Public Sector Commissioner (s 11(1)-(4)). The Minister must set terms and conditions applicable to persons appointed (other than remuneration) and determine those either generally or for specific appointments (s 11(4)). An explicit right of members is payment of remuneration and allowances as determined by the Minister after consultation (s 11(3)); an explicit limitation is that appointment alone does not make a person an officer of the Public Service (s 11(5)).

• Regulation‑making power: The Governor may make regulations contemplated by the Act or considered necessary or expedient for its purposes (s 12). That is a delegated legislative right that enables secondary rule‑making to implement or detail aspects of the Act, such as prescribing officers or classes of officers in the definition of prescribed officer (s 3).

Rights and duties are exercised within statutory constraints. The Act mandates consultation with the Public Sector Commissioner in two places (s 6(3) and s 11(3)). The duty to appoint necessary officers in the Department links staffing obligations to the Public Sector Management Act 1994 (s 6(1)). Delegations require written signed instruments (s 9(1)) and are subject to statutory non‑delegable powers (s 9(7)). Financial and audit duties are imposed by reference to other statutes (s 10).

The Act itself contains no express criminal penalties, fines or coercive enforcement provisions within its text. Its enforcement and compliance mechanisms are indirect and operate through subsidiary statutory frameworks and administrative controls:

• Delegation and administrative effect: The Act creates legally effective delegations and appointments (s 8-9). Enforcement of those delegations and the legality of acts done under them would be determined under the relevant Acts to which the delegation relates and general administrative law principles. The Act does not specify infringement penalties, regulatory sanctions or administrative review mechanisms within its own provisions.

• Financial and audit oversight: Section 10 brings the Department and its operations within the Financial Management Act 2006 and the Auditor General Act 2006. Enforcement and penalty mechanisms attached to financial mismanagement, reporting breaches, or audit recommendations lie within those Acts. The Health Legislation Administration Act 1984 thereby relies on the enforcement regimes, reporting obligations and audit processes established in those financial statutes rather than imposing its own penalties.

• Limits on delegation and legal invalidity risk: Section 9(7) identifies certain powers that may not be delegated by specified offices. Acts taken in purported delegation contrary to the non‑delegation provisions may be legally challengeable. The Act makes exercise by a delegate deemed to be exercise by the delegator (s 9(2)), but that deeming is subject to the delegation being lawful in form and not in breach of s 9(7). The Act does not itself set out remedies for unlawful delegations; remedies would be in common law or by reference to the relevant Act and judicial review.

• Remuneration and appointment oversight: The appointment and remuneration processes for non‑public appointees and advisory bodies involve consultation with the Public Sector Commissioner (s 6(3); s 11(3)). Non‑compliance with required consultation could give rise to administrative challenge or scrutiny, but the Act does not prescribe penalties for failure to consult.

• Regulatory instruments: Regulations under s 12 may create offences, penalties or enforcement mechanisms if the Governor, acting under statute, considers them necessary or expedient for the Act’s purposes. The Act itself does not list such regulations; therefore enforcement via statutory penalty is possible only insofar as regulations made under s 12 provide for them.

In sum, the Act's enforcement architecture is primarily administrative and fiscal, relying on the existing audit and financial management statutory regime for oversight (s 10), on the legal effectiveness of properly made appointments and delegations (s 8-9), and on potential judicial review for unlawful administrative action. The Act does not itself propose express sanctions, but makes the Department subject to other Acts that do.

The Act is expressly designed to operate as an administrative overlay to the suite of health statutes that the Governor commits to the Minister and it references and incorporates several other statutory frameworks. The Act’s operative interactions are as follows:

• Acts committed to the Minister: The Act applies only to those Acts the administration of which the Governor has committed to the Minister (s 4). That means its personnel, delegation and advisory provisions are relevant only in relation to that defined set of health Acts. The Act therefore functions as a coordinate instrument rather than a standalone regulatory code.

• Public Sector Management Act 1994: Section 6(1) requires that the necessary officers be appointed in the Department under and subject to Part 3 of the Public Sector Management Act 1994. This pins recruitment and certain employment conditions to the Public Sector Management Act, linking health administrative staffing directly into the public sector employment legal framework.

• Industrial Relations and Public Service Arbitration Acts: Section 6(3) is subject to the Industrial Relations Act 1979 and the Public Service Arbitration Act 1966, indicating the Minister’s determination of terms and conditions must respect applicable industrial relations and arbitration frameworks. The Act explicitly cross‑references those statutes in relation to employment terms for non‑public appointments and contracts.

• Health Services Act 2016: Section 6(2) contains an exception that the Minister’s power to appoint persons who are not public service officers does not extend for the purposes of the Health Services Act 2016. That creates a statutory carve‑out: staffing arrangements under the Health Services Act 2016 are governed by that Act rather than by the Minister’s power under s 6(2).

• Public Health Act 2016 and Chief Health Officer: The Act defines Chief Health Officer by reference to the Public Health Act 2016 s 4(1) (s 3). Section 9(7)(a) also prohibits the Minister from delegating any of the Minister’s powers or duties under the Public Health Act 2016. The Act therefore respects certain non‑delegable policy and operational functions established by the Public Health Act 2016.

• Health (Miscellaneous Provisions) Act 1911 and Human Tissue and Transplant Act 1982: Section 9(7) similarly prevents the Minister from delegating powers or duties under the Health (Miscellaneous Provisions) Act 1911 and the Human Tissue and Transplant Act 1982. Further, the CEO and Chief Health Officer are prohibited from delegating any of their powers or duties under the Health (Miscellaneous Provisions) Act 1911 (s 9(7)(b)). These provisions create statutory non‑delegable powers entrenched in specific health statutes.

• Financial Management Act 2006 and Auditor General Act 2006: Section 10 applies the provisions of those Acts that regulate financial administration, audit and reporting to the Department and its operations. That makes fiscal reporting, accounting and audit obligations statutory duties under those Acts for the Department.

• Regulations and prescribed officers: The definition of prescribed officer in s 3 includes officers or classes of officers prescribed by the regulations. That anticipates the use of regulations under s 12 to add or adjust which officers are treated as prescribed officers, thereby affecting who may delegate under s 9.

• Transitional and amendment interactions: The compilation table and notes show amendments over time that replaced references to a Commissioner of Health with CEO and other machinery of government changes. Those amendments and transitional provisions (notably under the Machinery of Government (Miscellaneous Amendments) Act 2006) affected definitions and continuity, as documented in the compilation table and notes.

The Act therefore interlocks with employment law, industrial relations frameworks, finance and audit statutes and specific substantive health statutes that contain non‑delegable powers. It deliberately refrains from usurping or duplicating detailed financial, industrial or clinical governance regimes, instead importing those regimes by reference (s 6(1), s 6(3), s 10, s 9(7)). Practical compliance and governance require operators to consult the other statutes identified for detailed obligations.

The Act as compiled includes a history of amendments and reprints. The compilation table in the provided source sets out a chronological list of legislative instruments that have altered the Act. Key entries and their mechanical effects recorded in the table and notes are:

• Enactment and commencement: Health Legislation Administration Act 1984 No. 27 of 1984, assent 31 May 1984, commenced 1 July 1984 (see s 2 and Gazette reference). This is the originating enactment.

• Acts Amendment (Financial Administration and Audit) Act 1985 (No. 98 of 1985) inserted s 10 (application of Financial Management Act 2006 and Auditor General Act 2006 was later amended to reflect renumbering), with commencement 1 July 1986.

• Acts Amendment (Public Sector Management) Act 1994 s 3(2) (No. 32 of 1994) effective 1 October 1994, modified s 6 to align with public sector management reforms.

• Hospitals Amendment Act 1994 s 18 (No. 103 of 1994) effective 3 February 1995; it is listed in the compilation table as an amendment affecting the Act.

• Mental Health (Consequential Provisions) Act 1996 Pt 9 (No. 69 of 1996) amendments came into effect 13 November 1997 per the table.

• Statutes (Repeals and Minor Amendments) Act 1997 s 69 (No. 57 of 1997) operative 15 December 1997; it amended s 8, giving effect to appointments under s 6 (note that s 8 was amended: No. 57 of 1997 s. 69).

• Machinery of Government (Miscellaneous Amendments) Act 2006 Pt 9 Div 3 and associated transitional provisions (No. 28 of 2006), assented 26 June 2006, commenced 1 July 2006. That Act removed the requirement to appoint a Commissioner of Health, replaced references to Commissioner with CEO and contained transitional provisions ensuring continuity of acts done by the Commissioner of Health prior to the changes (see compilation note 4 and notes). Section 454 of that Act provided a general transitional provision for references to the Commissioner in written laws.

• Financial Legislation Amendment and Repeal Act 2006 Sch. 1 cl. 81 (No. 77 of 2006), assented 21 December 2006, commenced 1 February 2007, further aligning financial provisions.

• Medical Practitioners Act 2008 Sch. 3 cl. 24 (No. 22 of 2008) effective 1 December 2008 effected further amendments listed in the compilation table.

• Health Practitioner Regulation National Law (WA) Act 2010 Pt 5 Div 23 (No. 35 of 2010), assented 30 August 2010, commenced 18 October 2010, made consequential amendments.

• Public Sector Reform Act 2010 s 89 (No. 39 of 2010) came into force 1 December 2010 and was included in reprints.

• Mental Health Legislation Amendment Act 2014 Pt 4 Div 4 Subdiv 14 (No. 25 of 2014) assented 3 November 2014, took effect 30 November 2015, with amendments captured in the compilation.

• Health Services Act 2016 s 293 (No. 11 of 2016) assented 26 May 2016, commenced 1 July 2016; s 6(2) contains the explicit exception for the Health Services Act 2016.

• Public Health (Consequential Provisions) Act 2016 Pt 3 Div 15 (No. 19 of 2016) assented 25 July 2016 and commenced 24 January 2017; this introduced the definition of Chief Health Officer by reference to the Public Health Act 2016 and produced relevant amendments (s 3 amended No. 19 of 2016 s. 151; s 8 amended No. 19 of 2016 s. 154; s 9 amended No. 19 of 2016 s. 155).

• Human Tissue and Transplant Amendment Act 2022 s 34 (No. 41 of 2022) assented 21 November 2022 and commenced 22 November 2022; this amendment is reflected in s 9(7)(a) non‑delegation list.

The compilation table records two reprints: a reprint as at 11 January 2002, and Reprint 2 as at 18 March 2011. The notes also explain that some historical references were amended for changes in short titles (for example Industrial Relations Act 1979) and that certain transitional provisions are no longer of effect.

Mechanically, the amendments have:

• Shifted reference points for statutory officeholders (removing Commissioner of Health references and inserting CEO).
• Added or clarified connections with contemporary public health statutes (notably the Public Health Act 2016) and tissue/transplant law (Human Tissue and Transplant Act amendments).
• Brought departmental financial and audit obligations into contemporary whole‑of‑government frameworks.

All amendment citations listed in the compilation table are the only legislative history recorded in the provided source.

The provided source contains no case law, judicial decisions or litigation summaries concerning the Health Legislation Administration Act 1984. It contains compilation and amendment notes, but does not identify any judicial challenges, authoritative decisions or precedent applying or construing its provisions. Where the Act cross‑references other statutes (for example, the Financial Management Act 2006, the Auditor General Act 2006, Public Health Act 2016 and others), litigation involving those statutes is outside the scope of the text supplied and is not recorded here.

Accordingly, based solely on the supplied source text, there is no litigation history to report for this Act. Any judicial treatment, questions of statutory interpretation, or decisions relating to delegation, appointment effect, or the interplay with non‑delegable powers would need to be sourced from external case law, which is not included in this compilation.

The Act is compact but contains several provisions that pose practical pitfalls for administrators, lawyers and compliance officers. Each "gotcha" below is tied to a specific section or note in the Act.

• Delegation exceptions are narrow but consequential (s 9(7)). Section 9(7) expressly bars the Minister from delegating any powers or duties under three named Acts: the Health (Miscellaneous Provisions) Act 1911, the Human Tissue and Transplant Act 1982 and the Public Health Act 2016. It also bars the CEO and Chief Health Officer from delegating any of their powers or duties under the Health (Miscellaneous Provisions) Act 1911. A mistaken delegation that covers these non‑delegable functions may be invalid. Practitioners must map the statutory source of each power before delegating.

• The definition of prescribed officer is open to regulatory change (s 3). The term prescribed officer includes the Chief Health Officer or any officer or class of officers prescribed by regulation. That means the set of officers who may delegate or be delegators can be expanded or altered by regulation under s 12. Administrative arrangements must track regulations to know who has delegatory authority.

• Appointments outside the public service are permitted, but not for Health Services Act 2016 functions (s 6(2)). The Minister may appoint or engage non‑public service persons as employees or contractors for relevant Acts, but s 6(2) explicitly excludes the Health Services Act 2016. Using s 6(2) appointments or contracts for activities that fall within the Health Services Act 2016 may be inconsistent with the Act. Practitioners should confirm the statutory basis for each engagement.

• Consultation requirements are non‑optional (s 6(3); s 11(3)). Section 6(3) requires consultation with the Public Sector Commissioner when setting terms and conditions for non‑public appointments or contracts. Section 11(3) requires consultation before setting remuneration for advisory members. Failure to consult may not automatically invalidate an appointment, but it departs from statutory prescription and creates governance and audit scrutiny risk, and possible administrative challenge.

• Public Sector Management Act linkage: s 6(1) ties appointments in the Department to Part 3 of the Public Sector Management Act 1994. If recruitment or appointment processes for Departmental officers do not follow Part 3 procedures, that may give rise to status and legal capacity disputes for those officers.

• Deeming effect of delegation and exercise by delegate (s 9(2)) can obscure accountability. Section 9(2) deems the exercise or performance by a delegate to be the delegator’s action. That legal effect simplifies authority chains, but it also means the delegator remains answerable for delegated decisions in legal terms. Delegators must therefore maintain controls and records.

• Effect of s 8 amplifies the legal authority of non‑public appointees. Section 8 provides that appointees under s 6 may exercise powers and duties and that orders/directions given by them have effect. That means non‑public appointees may be exercising significant statutory powers; the distinction between public service status and functional statutory authority may be confusing for third parties, patients and contractors.

• Financial and audit obligations under other statutes (s 10). The Act imports the Financial Management Act 2006 and Auditor General Act 2006 for the Department and its operations. Those statutes have detailed obligations, reporting cycles and audit consequences; merely complying with the Health Legislation Administration Act will not satisfy financial compliance unless those other Acts are followed.

• Advisory members are explicitly not public service officers by virtue of appointment (s 11(5)). That does not preclude an advisory member from being a public servant by another appointment, but it means appointment under s 11 alone does not confer public service status. Legal advice should be sought if rights or obligations depend on public service status.

• Regulations may alter administrative design. The Governor’s regulation power in s 12, and the use of regulations to prescribe officers in s 3, mean operational design can change without primary legislation. Administrators must track regulations to maintain compliance.

• Transitional and machinery‑of‑government changes have permuted titles and roles. Notes show removal of Commissioner of Health and replacement with CEO, and transitional provisions preserving pre‑change actions (compilation notes). Historical documents or older instruments that refer to Commissioner of Health require cross‑checking against the current definition of CEO in s 3 and the transitional notes.

These are concrete operational traps. They do not imply illegality by themselves, but they are areas where practice must ensure statutory text is followed precisely to avoid invalid appointments, unlawful delegations, audit findings or governance challenge.

To implement and remain compliant with the Health Legislation Administration Act 1984 based on the text supplied, public authorities and their advisers should adopt discrete administrative controls mapped to the Act’s specific requirements. The following steps are grounded in the Act’s provisions.

1. Map the scope of application (s 4)

   • Prepare a definitive list of the Acts whose administration the Governor has committed to the Minister. The Act applies only to those Acts (s 4). Confirm any Governor’s instrument committing administration and update the list as gubernatorial orders change.

2. Appointments within the Department (s 6(1))

   • For officers necessary to carry out the relevant Acts, perform appointments under Part 3 of the Public Sector Management Act 1994 in accordance with its procedures. Maintain recruitment records evidencing compliance with Part 3.

3. Ministerial appointments and contracts (s 6(2)-(3))

   • Where the Minister appoints or engages persons who are not public service officers, ensure the appointment or contract is: (a) made for purposes of an Act to which this Act applies; and (b) not for functions under the Health Services Act 2016 (s 6(2) exception).
   • Before finalising terms and conditions, document and evidence consultation with the Public Sector Commissioner as required by s 6(3). Keep records of advice sought and the Commissioner’s input.

4. Operational authority for appointees (s 8)

   • When delegating functions or conferring duties on appointees under s 6, ensure appointment instruments explicitly state the statutory basis. Maintain formal delegations or instruments of appointment so third parties can verify the appointee’s authority.

5. Delegation procedures (s 9)

   • Prepare written instruments of delegation signed by the delegator (Minister, CEO or prescribed officer) as required by s 9(1). Each instrument should specify:
     • Which powers or duties are delegated, referencing the relevant Act and section.
     • Any conditions, qualifications and exceptions (s 9(4)(a)).
     • Whether delegation is to a specified person, class, or holder of an office (s 9(3)).
   • Maintain a central register of delegations with dates of effect, revocation dates and variation history to comply with s 9(4)(b) and s 9(5).
   • Before delegating, check s 9(7) to ensure the power is not among those statutorily non‑delegable. Where non‑delegable, do not purport to delegate.

6. Prescribed officers and regulatory changes (s 3; s 12)

   • Monitor regulations to see whether new classes of prescribed officers are added or existing ones altered. Update internal delegations and registers accordingly.

7. Financial and audit compliance (s 10)

   • Apply the Financial Management Act 2006 and Auditor General Act 2006 obligations to departmental operations: incorporate their accounting standards, reporting cycles and audit processes. Ensure budgets and payments for advisory remuneration, contracts and appointments are made in accordance with financial rules and documented for audit.

8. Advisory groups and remuneration (s 11)

   • If establishing advisory groups, appoint members by formal instrument and determine remuneration and allowances only after consulting the Public Sector Commissioner as required (s 11(3)). Document the consultation and reasons for remuneration levels. Record that appointment alone does not make members public servants (s 11(5)) when drafting contracts and communications.

9. Records and transparency

   • Keep contemporaneous records of all consultations with the Public Sector Commissioner, all written delegation instruments, appointment instruments, contracts for services and remuneration determinations for advisory members. These records support auditability under s 10 and demonstrate compliance with consultation requirements (s 6(3), s 11(3)).

10. Legal due diligence before action

• Before exercising powers under a relevant Act, verify the source of authority: whether the power arises under the relevant Act itself, is exercisable by an appointee under s 6 and s 8, or has been delegated lawfully under s 9. Confirm there is no statutory bar to delegation (s 9(7)). Where doubt exists as to delegation validity or the source of authority, seek legal advice.

11. Track statutory amendments

• Maintain a system for tracking legislative amendments and regulations that affect the Act, including changes to the Public Health Act 2016, Human Tissue and Transplant Act 1982, Health Services Act 2016 and the Public Sector Management Act 1994. The compilation table shows that the Act has been amended multiple times; continued attention to the parliamentary timetable and Gazette notices is required.

12. Training and governance

• Train delegated officers, appointees and line managers in the peculiarities of this Act: the limits on delegation, the need for written instruments, the effect of s 8, and the departmental financial/audit obligations. Set internal controls so delegators retain oversight, consistent with s 9(5).

Following these steps should align administrative practice with the Act’s statutory text, create an auditable trail for financial and governance bodies (s 10), and reduce the risk of unlawful delegation or improper appointment. The Act places weight on formal processes: signed written delegations, statutory consultation with the Public Sector Commissioner, and adherence to the Financial Management Act and Auditor General Act. Administrative systems should be designed to make those formalities routine.