15. Delegation of functions or powers of Commissioner---(1) The
Commissioner may from time to time, either generally or particularly,
delegate to any other person (being an employee of the Department of
Labour or the State Services Commission or the Education Review Office
or an agent of the Department, Commission, or Office or a person
contracted to perform services for the Department, Commission or Office)
all or any of the Commissioner's functions and powers under this Act or
any other Act.
(2) Every delegation under this section shall be in writing.
(3) No delegation under this section shall include---
(a) The power to delegate under this section; or
(b) The power to make a pay equity assessment.
(4) The power of the Commissioner to delegate under this section does
not limit any power of delegation conferred on the Commissioner by any
other Act.
(5) Subject to any general or special directions given or conditions
imposed by the Commissioner, the person to whom any functions or powers
are delegated under this section may exercise any functions or powers so
delegated to that person in the same manner and with the same effect as
if they had been conferred on that person directly by this section and
not by delegation.
(6) Every person purporting to act pursuant to any delegation under
this section shall, in the absence of proof to the contrary, be presumed
to be acting in accordance with the terms of the delegation.
(7) Any delegation under this section may be made to a specified
person or to persons of a specified class, or to the holder or holders
for the time being of a specified office or specified class of offices.
(8) No such delegation shall affect or prevent the exercise of any
function or power by the Commissioner, nor shall any such delegation
affect the responsibility of the Commissioner for the actions of any
person acting under the delegation.