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/conditions;
- refer to the relevant section of the authority or legislative basis;
- examine the relevant policy guidelines;
- 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 special features that it should be submitted to a delegate at a higher level to consider.
Structure of delegations
The Secretary’s delegations are set out in schedules that provide a reference for delegates to identify if they have the delegated authority to make a decision in relation to a particular matter. Each delegation is numbered and the following information is included in the schedule:
- the authority or legislative basis;
- a description of the power;
- any limitations/conditions of exercising the power;
- the delegate level.
- VPS Secretary’s delegations - Effective from 25 August 2019
- Teaching Service Secretary’s delegations - Last updated 27 March 2019
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