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HOSPITAL AND HEALTH BOARDS ACT 2011 - SECT 46
Delegation by chief executive
46 Delegation by chief executive
(1) The chief executive may delegate the chief executive’s functions under
this Act to a health service chief executive or an appropriately qualified
employee of the department.
(2) However, the chief executive must not
delegate the function— (a) to enter into a service agreement with a Service;
or
(b) to authorise the disclosure of confidential information in the public
interest under section 160 ; or
(c) to issue a health service directive or
health employment directive; or
(d) to make a standard under section 138E .
(3) Subsection (4) applies if the chief executive is considering whether, and
the extent to which, to delegate to a health service chief executive a matter
that affects employees.
(4) The chief executive must have regard to the
Service’s capacity and capability to effectively administer the human
resource management and industrial relations processes for employees.
(5) A
health service chief executive, with the written approval of the chief
executive, may subdelegate a function delegated to the health service chief
executive under subsection (1) to an appropriately qualified— (a) health
executive employed by the Service; or
(b) health service employee employed in
the department and working for the Service.
(6) However, a health service
chief executive may not subdelegate the function to authorise access to an
information system under section 161A delegated to the health service chief
executive under subsection (1) .
(7) A health executive in the department,
with the written approval of the chief executive, may subdelegate a function
delegated to the health executive under subsection (1) to an appropriately
qualified departmental employee.
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