Delegations

Overview

The Public Administration Act 2004 and the Education and Training Reform Act 2006 (and the Ministerial Orders made under that Act) provide the Secretary (as employer) with powers and functions in relation to the employment and management of employees. The Secretary has delegated some of these powers and functions to the occupants of particular positions.

The policy and guidelines developed by the Department are consistent with the delegations and generally a delegate can rely on policy to guide decision making. However, when exercising delegations, delegates are required to:

• identify the appropriate delegated power
• examine the delegation schedule to become familiar with the delegation, its authority and any limitations or conditions on the exercise or scope of the power or function
• refer to the relevant legislative provision which creates the power or function
• refer to any relevant policy or guidelines, and
• make a decision given the available facts and supporting information

Before exercising any power or function the delegate must also consider whether the matter is of such importance or possesses certain unique features that it should be submitted to a delegate at a higher level, or to the Secretary.

Structure of delegations

The Secretary’s delegations are set out in schedules to the current instruments of delegation and enable delegates to determine if they have the delegated authority to make a decision in relation to particular matters. Each delegation has a reference number and contains the following information:

• the authority or legislative basis for the power or function
• a description of the power or function
• any limitations or conditions on the exercise of the power or function
• the permitted delegate level (that is, who may exercise the delegated power)

Relevant legislation

• Industrial Agreements
• Industrial Awards
• Legislation — Employment Topics
• Ministerial Orders — Employment