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Health Act 2004
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PART 12

Miscellaneous Provisions

Effect of delegation and subdelegation of functions.

76.—(1) If a function of the Executive is delegated by the Board to the chief executive officer under section 12 (2), references in a provision of this Act or any other enactment that assigns that function to the Executive 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 18 is delegated by him or her to an employee of the Executive under section 19 (1) or is subdelegated by an employee authorised to do so under section 19 (1), references in any provision of 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 subdelegated.

(3) If a function is delegated under section 12 (2) or 19(1) or subdelegated under section 19 (1), the delegation or subdelegation is to be taken to include the delegation or subdelegation of any duty or power incidental to or connected with that function.

(4) An act or thing done by the chief executive officer pursuant to a delegation by the Board under section 12 (2) has the same force and effect as if done by the Board.

(5) An act or thing done by an employee of the Executive pursuant to a delegation or subdelegation under section 19 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 subdelegation authorised under section 19 (1), unless the Board or the chief executive officer, as the case may be, otherwise directs.

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