Previous - Contents - Search Acts - List of Acts - Next

Employment Equity Act 1990  061
Commenced: 1 Oct 1990
I: Employment Equity Commissioner
15   Delegation of functions or powers of Commissioner




   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.
Previous - - Contents - Search Acts - List of Acts - Next