Child and Family Agency Act 2013

31

Effect of delegation and sub-delegation of functions

31. (1) If a function of the Agency is delegated by the Board to the chief executive officer under section 21(4), references in a provision of this Act or any other enactment that assigns that function to the Agency or that regulates the manner in which the function is to be performed are to be read as references to the chief executive officer.

(2) If a function of the chief executive officer under section 29 is delegated or sub-delegated by him or her to an employee of the Agency under section 30(1) or is sub-delegated by an employee authorised to do so under that section, references in this Act or any other enactment that regulates the manner in which that function is to be performed are to be read as references to the employee to whom the function is delegated or sub-delegated.

(3) If a function is delegated under section 21(4) or section 30 or sub-delegated under section 30(1)(b), the delegation or sub-delegation is to be taken to include the delegation or sub-delegation of any duty or power incidental to or connected with that function.

(4) Any act or thing done by the chief executive officer pursuant to a delegation by the Board under section 21(4) has the same force and effect as if done by the Board.

(5) Any act or thing done by an employee of the Agency pursuant to a delegation or sub-delegation under section 30 has the same force and effect as if done by the chief executive officer.

(6) The revocation of a delegation by the Board or the chief executive officer does not affect a sub-delegation authorised under section 30, unless the Board or the chief executive officer, as the case may be, otherwise directs.

(7) A delegation or sub-delegation of a function does not cease to have effect solely because the person who delegated or sub-delegated the function or authorised its sub-delegation no longer holds the position that the person held when the function was delegated, sub-delegated or authorised to be sub-delegated.