Mental Health (Compulsory Assessment and Treatment) Act 1992

92B Provisions applying to delegations under section 92A

• (1) This section applies to a delegation made under section 92A.

  (2) The maker of a delegation must make it in writing and sign it.

  (3) The maker of a delegation is not prevented from exercising, or affected in his or her exercise of, any of the delegated powers, duties, or functions.

  (4) The delegate may exercise the powers, duties, and functions—

  • (a) only when the maker of the delegation is absent from duty because he or she is ill or because he or she is on approved leave; but

  • (b) otherwise in the same manner and with the same effect as if they had been conferred on the delegate directly by this Act.

  (5) Every person purporting to act under a delegation is, in the absence of proof to the contrary, presumed to be acting in accordance with the terms of the delegation.

  (6) A delegation continues in force according to its tenor until it is revoked.

  (7) If the maker ceases to hold office, the delegation continues to have effect as if made by the successor in office of the maker.

  (8) The maker, or a successor, may revoke the delegation at any time by written notice to the delegate.

  Section 92B: inserted, on 1 April 2000, by section 46 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140).