Social Services Regulation Act 2021
15Delegation
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15 Delegation
S. 15(1) amended by No. 58/2025 s. 10(1)(a).
(1) The Regulator, by instrument, may delegate to any of the following persons or class of persons any function, duty or power of the Regulator under this Act or any other Act, other than a prescribed function, duty or power or this power of delegation—
S. 15(1)(aa) inserted by No. 58/2025 s. 10(1)(b).
(aa) an Associate Regulator;
S. 15(1)(a) amended by No. 58/2025 s. 10(1)(c).
(a) a person or class of persons employed under Part 3 of the Public Administration Act 2004 for the purposes of the Regulator's functions;
S. 15(1)(ab) inserted by No. 58/2025 s. 10(2).
(ab) a person engaged by the Regulator for the purposes of the Regulator's functions;
(b) a person or class of persons that the Regulator has entered an agreement or arrangement with under section 12(2).
Section 42A(1)(b) of the Interpretation of Legislation Act 1984 provides that a person delegating a power or function may specify conditions or limitations on the exercise of the power or function by the delegate.
S. 15(2) substituted by No. 58/2025 s. 10(3).
(2) Subject to any conditions to which a delegation under subsection (1)(aa) is subject, an Associate Regulator may sub‑delegate that function, duty or power to a person or class of persons specified in subsection (1)(a) or (b).
S. 15(3) inserted by No. 58/2025 s. 10(3).
(3) Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub‑delegation authorised by subsection (2) in the same way as they apply to a delegation.
S. 15(4) inserted by No. 58/2025 s. 10(3).
(4) A person to whom a function, duty or power is delegated under this section must ensure that any actual or perceived conflicts of interest are avoided in the performance of the person's duties and functions and in the exercise of the person's powers under the delegation.