144Delegation by Secretary

144  Delegation by Secretary

Delegations by Secretary

 (1) A Secretary may, in writing, delegate to a Parliamentary Service employee any of the Secretary’s powers or functions under this instrument (other than this section).

 (2) A Secretary may, in writing, delegate to the Parliamentary Librarian any of the Secretary’s powers or functions under this instrument (other than this section).

 (3) A Secretary may, in writing and with the prior written consent of the Parliamentary Service Commissioner, delegate to a person who is not a Parliamentary Service employee any of the Secretary’s powers or functions under this instrument (other than this section).

Subdelegations

 (4) 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).

 (5) However, if the first delegate is subject to directions in relation to the exercise of a power or function delegated under subsection (1), the first delegate must give corresponding directions to the second delegate.

 (6) If powers or functions are delegated under subsection (2), the Parliamentary Librarian may, in writing, delegate any of those powers or functions to a Parliamentary Service employee.

 (7) However, if the Parliamentary Librarian is subject to directions in relation to the exercise of a power or function delegated under subsection (2), the Parliamentary Librarian must give corresponding directions to the Parliamentary Service employee to whom a delegation is given under subsection (6).

 (8) A power or function that is exercised or performed by a person under a delegation under subsection (4) or (6) is taken, for the purposes of this instrument, to have been exercised or performed by the person who originally delegated the corresponding power or function under subsection (1) or (2).

Appropriate work‑related qualities

 (9) A person (the delegator) must not delegate under this section a power or function to another person unless the delegator is reasonably satisfied that the other person has the appropriate work‑related qualities to exercise the power or perform the function (as the case requires).

Directions

 (10) 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.