sec.106Engaging external contractor

### sec.106 Engaging external contractor The public guardian may, in writing, authorise an entity (an external contractor ) to perform a child advocate function ( authorised function ) the public guardian may perform under this Act. However, the public guardian may not authorise an external contractor— to provide the community visitor program (child); or to perform the functions of a community visitor (child); or to apply for a warrant under section 79 . When performing an authorised function, an external contractor has the same powers as the public guardian, including a power of delegation, but not including the power to authorise an external contractor under subsection (1) . The public guardian may give the authority subject to stated conditions and limitations, including, for example, a condition— that a particular power only be exercised subject to a decision of the public guardian; or a condition requiring the external contractor to obtain the public guardian’s approval before delegating a particular power imposing particular duties on the external contractor’s employees. a condition requiring the external contractor to ensure the contractor’s employees receive the training required by the public guardian a condition requiring the external contractor to ensure the contractor’s employees are subject to the equivalent of the approved code of conduct for public service agencies, and any approved standard of practice for the office of the public guardian, under the Public Sector Ethics Act 1994 The authorisation of an external contractor to perform an authorised function does not relieve the public guardian of the public guardian’s obligation to ensure the function is properly performed. Laws apply to the external contractor, and to persons in relationship to the external contractor, in the performance of an authorised function, or in the exercise of a power for an authorised function, as if the external contractor were the public guardian. In this section— entity does not include a public service employee. (sec.106-ssec.1) The public guardian may, in writing, authorise an entity (an external contractor ) to perform a child advocate function ( authorised function ) the public guardian may perform under this Act. (sec.106-ssec.2) However, the public guardian may not authorise an external contractor— to provide the community visitor program (child); or to perform the functions of a community visitor (child); or to apply for a warrant under section 79 . (sec.106-ssec.3) When performing an authorised function, an external contractor has the same powers as the public guardian, including a power of delegation, but not including the power to authorise an external contractor under subsection (1) . (sec.106-ssec.4) The public guardian may give the authority subject to stated conditions and limitations, including, for example, a condition— that a particular power only be exercised subject to a decision of the public guardian; or a condition requiring the external contractor to obtain the public guardian’s approval before delegating a particular power imposing particular duties on the external contractor’s employees. a condition requiring the external contractor to ensure the contractor’s employees receive the training required by the public guardian a condition requiring the external contractor to ensure the contractor’s employees are subject to the equivalent of the approved code of conduct for public service agencies, and any approved standard of practice for the office of the public guardian, under the Public Sector Ethics Act 1994 (sec.106-ssec.5) The authorisation of an external contractor to perform an authorised function does not relieve the public guardian of the public guardian’s obligation to ensure the function is properly performed. (sec.106-ssec.6) Laws apply to the external contractor, and to persons in relationship to the external contractor, in the performance of an authorised function, or in the exercise of a power for an authorised function, as if the external contractor were the public guardian. (sec.106-ssec.7) In this section— entity does not include a public service employee. - (a) to provide the community visitor program (child); or - (b) to perform the functions of a community visitor (child); or - (c) to apply for a warrant under section 79 . - (a) that a particular power only be exercised subject to a decision of the public guardian; or Example— a condition requiring the external contractor to obtain the public guardian’s approval before delegating a particular power - (b) imposing particular duties on the external contractor’s employees. Examples— • a condition requiring the external contractor to ensure the contractor’s employees receive the training required by the public guardian • a condition requiring the external contractor to ensure the contractor’s employees are subject to the equivalent of the approved code of conduct for public service agencies, and any approved standard of practice for the office of the public guardian, under the Public Sector Ethics Act 1994 - • a condition requiring the external contractor to ensure the contractor’s employees receive the training required by the public guardian - • a condition requiring the external contractor to ensure the contractor’s employees are subject to the equivalent of the approved code of conduct for public service agencies, and any approved standard of practice for the office of the public guardian, under the Public Sector Ethics Act 1994 - • a condition requiring the external contractor to ensure the contractor’s employees receive the training required by the public guardian - • a condition requiring the external contractor to ensure the contractor’s employees are subject to the equivalent of the approved code of conduct for public service agencies, and any approved standard of practice for the office of the public guardian, under the Public Sector Ethics Act 1994