Commonwealth Numbered Acts

PUBLIC SERVICE REFORM ACT 1984 No. 63, 1984 - SECT 15

15. (1) Section 26 of the Principal Act is repealed and the following sections
are substituted: Delegation by Secretaries of Departments

''26. (1) Subject to sub-section (4), a Secretary may, either generally or as
otherwise provided by the instrument of delegation, by writing signed by him,
delegate to a person (not being a person engaged as a consultant under
section 4 of the Members of Parliament (Staff) Act 1984) all or any of his
powers or functions under-

   (a)  a relevant Act;

   (b)  the regulations made under a relevant Act;

   (c)  a determination under sub-section 9 (7A) or section 82D; or

   (d)  an industrial award, other than this power of delegation.

''(2) A power or function so delegated, when exercised or performed by the
delegate, shall, for the purposes of the relevant Act, the regulations, the
determination or the industrial award, as the case requires, be deemed to have
been exercised or performed, as the case may be, by the Secretary.

''(3) A delegation by a Secretary under this section does not prevent the
exercise of the power or the performance of the function, as the case
requires, by the Secretary.

''(4) A Secretary is not empowered to delegate a power or function under
sub-section (1) to a person who is not-

   (a)  an officer or an employee; or

   (b)  a person appointed to an office, under a law of the Commonwealth, by
        the Governor-General or a Minister, unless the Board approves, in
        writing, the delegation of the power or function to that person.

''(5) The reference in sub-section (1) to the powers or functions that may be
delegated by a Secretary includes a reference to a power or function that the
Secretary may exercise or perform by virtue of sub-section 25 (3).

''(6) In this section, 'relevant Act' means-

   (a)  this Act; or

   (b)  the Merit Protection (Australian Government Employees) Act 1984.
        Chief Officers

''26A. (1) The Secretary of a Department may, in writing, appoint-

   (a)  an officer or an employee; or

   (b)  a person appointed to an office, under a law of the Commonwealth, by
        the Governor-General or a Minister, to be a Chief Officer of the
        Department.

''(2) The Secretary of a Department may, in writing, declare-

   (a)  an office in the Service; or

   (b)  an office created by or under a law of the Commonwealth, to be a
        prescribed office in relation to the Department for the purposes of
        this section.

''(3) Where an office is declared by the Secretary of a Department under
sub-section (2) to be a prescribed office in relation to the Department for
the purposes of this section, any person who holds that office or performs all
or part of the duties of that office is a Chief Officer of the Department.

''(4) Subject to sub-section (5), a Chief Officer of a Department may exercise
and perform, in relation to the Department, the powers and functions that are
conferred on Chief Officers under-

   (a)  a relevant Act;

   (b)  the regulations made under a relevant Act;

   (c)  a determination under sub-section 9 (7A) or section 82D; or

   (d)  an industrial award.

''(5) The Secretary of a Department may, in writing, determine that a Chief
Officer of the Department may exercise and perform the powers and functions
referred to in sub-section (4) only in relation to-

   (a)  the officers, or officers included in the class of officers, specified
        in the determination; and

   (b)  the employees, or employees included in the class of employees,
        specified in the determination.

''(6) In addition to the powers and functions referred to in sub-section (4),
a Chief Officer of a Department may exercise such other powers and shall
perform such other functions in relation to the Department as the relevant
Secretary, by writing, determines.

''(7) In this section, 'relevant Act' means-

   (a)  this Act; or

   (b)  the Merit Protection (Australian Government Employees) Act 1984.''

(2) Notwithstanding the repeal of section 26 of the Principal Act by
sub-section (1), an appointment of a person as Chief Officer of a Department
that was in force under that section immediately before the date of
commencement of this section continues in force, on and after that date, as if
it had been made under section 26A of the Public Service Act 1922 as amended
by sub-section (1).

(3) Notwithstanding the repeal of section 26 of the Principal Act by
sub-section (1), a declaration of an office as an office which constitutes the
occupant a Chief Officer that was in force under that section immediately
before the date of commencement of this section continues in force, on and
after that date, as if it were a declaration made in relation to the office
under sub-section 26A (2) of the Public Service Act 1922 as amended by
sub-section (1).