70Delegations

#### 70 Delegations (1AA) The Commissioner may, in writing, delegate to a former senior official any of the Commissioner’s powers or functions under paragraph 40(1)(c). (1AB) The Merit Protection Commissioner may, in writing, delegate any of the Merit Protection Commissioner’s powers or functions under this Act (other than this section) to: (a) an APS employee made available to the Merit Protection Commissioner by an Agency Head (within the meaning of the Public Service Act 1999); or (b) a Parliamentary Service employee made available to the Merit Protection Commissioner by the Secretary of the Department in which the employee is employed. (1) A Secretary may, in writing, delegate to a Parliamentary Service employee any of the Secretary’s powers or functions under this Act (other than this section). (1A) A Secretary may, in writing, delegate to the Parliamentary Librarian any of the Secretary’s powers or functions under this Act (other than this section). (2) A Secretary may, in writing and with the prior written consent of the Commissioner, delegate to a person who is not a Parliamentary Service employee any of the Secretary’s powers or functions under this Act (other than this section). (3) If a Parliamentary Service employee (the first delegate) to whom powers or functions are delegated under subsection (1) is an SES employee or acting SES employee, the first delegate may, in writing, delegate any of those powers or functions to another Parliamentary Service employee (the second delegate). However, if the first delegate is subject to directions in relation to the exercise of a power or function delegated under this subsection, the first delegate must give corresponding directions to the second delegate. (3A) If powers or functions are delegated under subsection (1A), the Parliamentary Librarian may, in writing, delegate any of those powers or functions to a Parliamentary Service employee. However, if the Parliamentary Librarian is subject to directions in relation to the exercise of a power or function delegated under this subsection, the Parliamentary Librarian must give corresponding directions to the Parliamentary Service employee concerned. (4) A power or function that is exercised or performed by a person under a delegation under subsection (3) or (3A) is taken, for the purposes of this Act, to have been exercised or performed by the person who originally delegated the corresponding power or function under subsection (1) or (1A). (5) A person exercising powers or functions under a delegation under this section must comply with any directions of the person who delegated the power or function. (6) A person (the delegate) to whom the Merit Protection Commissioner has delegated powers or functions under subsection (1AB) is not subject to direction by any person other than the Merit Protection Commissioner in relation to the delegate’s exercise of the delegated powers or functions. (7) A power or function that is exercised by an APS employee under a delegation under subsection (1AB) is taken, for the purposes of the Code of Conduct (within the meaning of the Public Service Act 1999), to have been exercised by the APS employee in connection with APS employment (within the meaning of that Act). (8) In this section: > former senior official means: (a) a person who held, but no longer holds, an office or appointment under an Act; or (b) a person who was, but is no longer, an SES employee, and who does not hold an office or appointment under an Act; or (c) a person who was, but is no longer, an SES employee within the meaning of the Public Service Act 1999, and who does not hold an office or appointment under an Act.