23 Delegation of functions or powers

(1)

The Commissioner may from time to time, either generally or particularly, delegate to any person or persons any of the functions or powers of the Commissioner under this Act or any other Act, including functions or powers delegated to the Commissioner under any Act.

(1A)

The power conferred by subsection (1) includes (without limitation) power to delegate to any person, either generally or particularly,—

(a)

the conduct of any investigation or inquiry that the Commissioner is required or empowered to conduct under this Act or any other Act:

(b)

all or any of the functions and powers that the Commissioner has under this Act or that other Act in relation to the investigation or inquiry.

(2)

Every delegation under this section shall be in writing.

(3)

No delegation under this section shall include—

(a)

the power to delegate under this section; or

(b)

the Commissioner’s powers under sections 35 and 36 (which relate to the appointment and reappointment of chief executives); or

(c)

the Commissioner’s powers under section 39 (which relates to the removal from office of a chief executive).

(d)
[Repealed]

(e)
[Repealed]

(4)

In any case where the Commissioner has, pursuant to subsection (1), delegated any of the functions or powers of the Commissioner to any person, that person may, with the prior approval in writing of the Commissioner, delegate such of those functions or powers as the Commissioner approves to any other person or to the holder for the time being of any specified office in the State services.

(5)

Subject to any general or special directions given or conditions imposed by the Commissioner, the person to whom any functions or powers are delegated under this section may exercise those functions or powers in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.

(6)

Every person purporting to act pursuant to any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

(7)

Any delegation under this section may be made to a specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or of specified classes of offices.

(8)

No such delegation shall affect or prevent the exercise of any function or power by the Commissioner nor shall any such delegation affect the responsibility of the Commissioner for the actions of any person acting under the delegation.

Section 23: substituted, on 19 December 1989, by section 3 of the State Sector Amendment Act (No 2) 1989 (1989 No 136).

Section 23(1A): inserted, on 31 October 2018, by section 12 of the State Sector and Crown Entities Reform Act 2018 (2018 No 31).

Section 23(3)(c): amended, on 18 July 2013, by section 16 of the State Sector Amendment Act 2013 (2013 No 49).

Section 23(3)(d): repealed, on 25 January 2005, by section 19(2) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).

Section 23(3)(e): repealed, on 25 January 2005, by section 19(2) of the State Sector Amendment Act (No 2) 2004 (2004 No 114).