sec.46Delegation by chief executive

### sec.46 Delegation by chief executive The chief executive may delegate the chief executive’s functions under this Act to a health service chief executive or an appropriately qualified employee of the department. However, the chief executive must not delegate the function— to enter into a service agreement with a Service; or to authorise the disclosure of confidential information in the public interest under section 160 ; or to issue a health service directive or health employment directive; or to make a standard under section 138E . Subsection (4) applies if the chief executive is considering whether, and the extent to which, to delegate to a health service chief executive a matter that affects employees. The chief executive must have regard to the Service’s capacity and capability to effectively administer the human resource management and industrial relations processes for employees. A health service chief executive, with the written approval of the chief executive, may subdelegate a function delegated to the health service chief executive under subsection (1) to an appropriately qualified— health executive employed by the Service; or health service employee employed in the department and working for the Service. However, a health service chief executive may not subdelegate the function to authorise access to an information system under section 161A delegated to the health service chief executive under subsection (1) . A health executive in the department, with the written approval of the chief executive, may subdelegate a function delegated to the health executive under subsection (1) to an appropriately qualified departmental employee. s 46 amd 2012 No. 9 ss 25 , 54 sch ; 2013 No. 61 s 86 ; 2014 No. 65 s 20 ; 2016 No. 29 s 4 (sec.46-ssec.1) The chief executive may delegate the chief executive’s functions under this Act to a health service chief executive or an appropriately qualified employee of the department. (sec.46-ssec.2) However, the chief executive must not delegate the function— to enter into a service agreement with a Service; or to authorise the disclosure of confidential information in the public interest under section 160 ; or to issue a health service directive or health employment directive; or to make a standard under section 138E . (sec.46-ssec.3) Subsection (4) applies if the chief executive is considering whether, and the extent to which, to delegate to a health service chief executive a matter that affects employees. (sec.46-ssec.4) The chief executive must have regard to the Service’s capacity and capability to effectively administer the human resource management and industrial relations processes for employees. (sec.46-ssec.5) A health service chief executive, with the written approval of the chief executive, may subdelegate a function delegated to the health service chief executive under subsection (1) to an appropriately qualified— health executive employed by the Service; or health service employee employed in the department and working for the Service. (sec.46-ssec.6) However, a health service chief executive may not subdelegate the function to authorise access to an information system under section 161A delegated to the health service chief executive under subsection (1) . (sec.46-ssec.7) A health executive in the department, with the written approval of the chief executive, may subdelegate a function delegated to the health executive under subsection (1) to an appropriately qualified departmental employee. - (a) to enter into a service agreement with a Service; or - (b) to authorise the disclosure of confidential information in the public interest under section 160 ; or - (c) to issue a health service directive or health employment directive; or - (d) to make a standard under section 138E . - (a) health executive employed by the Service; or - (b) health service employee employed in the department and working for the Service.