Subdiv 4General functions and powers

Subdivision 4—General functions and powers 34—Functions of Authority (1) The functions of the Authority are: (a) to determine, after consultation with authorities considered appropriate by the Authority, the requirements for registration of premises under this Part; (b) to ensure that the registers contemplated by this Part are established and maintained; (c) to prepare or endorse, subject to the approval of the Minister, codes of conduct for pharmacy services providers; (d) to establish administrative processes for handling complaints received against pharmacy services providers or persons who occupy positions of authority in recognised corporate pharmacy services providers or recognised trustee pharmacy services providers (which may include processes under which the provider or person who occupies the position voluntarily enters into an undertaking); (e) to provide advice to the Minister as the Authority considers appropriate; (f) to carry out other functions assigned to the Authority by or under this or any other Act, or by the Minister. (2) The Authority must perform its functions under this Act with the object of protecting the health and safety of the public by achieving and maintaining high professional standards in the provision of pharmacy services in this State. (3) If the Minister approves a code of conduct prepared or endorsed by the Authority, the Authority must— (a) cause a copy of the code to be published in the Gazette; and (b) take reasonable steps to send a copy of the code to each pharmacy services provider to whom it applies; and (c) ensure that a copy of the code is published on the Internet and kept available for public inspection without charge during normal office hours at the principal office of the Authority, (although proof of compliance with paragraphs (a), (b) and (c) is not necessary for the purpose of any proceedings that involve an alleged contravention of or failure to comply with the code). (4) The administrative processes established by the Authority for handling complaints received against pharmacy services providers or persons who occupy positions of authority in recognised corporate pharmacy services providers or recognised trustee pharmacy services providers must be designed— (a) to be fair to both the aggrieved person and the respondent; and (b) to keep both the aggrieved person and the respondent properly informed about the steps taken by the Authority in response to the complaint; and (c) to provide, where appropriate, opportunities for the clarification of any misapprehension or misunderstanding between the aggrieved person and the respondent; and (d) to keep both the aggrieved person and the respondent properly informed about the outcome of the processes; and (e) to take into account the needs of particular classes of persons who may otherwise suffer disadvantage in the conduct of those processes. 35—Delegations (1) The Authority may delegate a function or power conferred on the Authority— (2) The General Manager may delegate a function or power conferred on the General Manager under this Act— (3) A delegation— (a) may be made subject to conditions or limitations specified in the instrument of delegation; and (b) if the instrument of delegation so provides, may be further delegated by the delegate; and (c) is revocable at will and does not prevent the delegator from acting personally in a matter.