|Title:||Delegation of Authority|
|Document ID:||Operational Directive OD 0009/06|
|Date of issue:||Thursday, 16 November 2006|
|Status:||NO LONGER APPLICABLE|
|Description:||The Authorities Delegations and Directions Schedule provides information on delegated functions and responsibilities for Administration (General), Financial Administration, Building and Equipment, HR, IT and Legal Administration. This schedule will assist people in identifying specific levels and responsibility and decision making by management.|
|Applicable to:||Department of Health|
|Category:||Accountability & Audit|
|Period of effect:||from 6 September 2005 to 5 September 2010|
|Review date:||6 September 2009|
|Authorised by:||Shane Wilson, Director, CORPORATE GOVERNANCE, 16-Nov-2006|
|Print version:||View print version|
Delegation of Authority
Attached is a new Authorities Delegations and Direction Schedule which has an effective date of 6 September 2006 and replaces the Authorities Delegations and Directions Schedule which was published in 2003.
Both the Minister for Health and the Director General have signed formal instruments of delegation in respect to matters arising from the Health related Acts and the Public Section Management Act 1994. The Director General has also signed an instrument of delegation in respect to many general administrative responsibilities resting with him by nature of his appointment as Director General. In addition, the Director General has signed an “authorise and direct” instrument to enable officers to legally deal with matters covered by the Financial Administration and Audit Act and Treasurers Instructions.
The delegations have been made to the lowest levels of management and have taken into account the requirements of the current organisational structure within WA Health.
The following points should be clearly understood by the occupants of all positions listed in the Delegations Schedule:
The Director General is the Accountable Authority and is not able to delegate any of his authorities or duties. Each of the authorities and duties listed in the Authorities Delegations and Direction Schedule are the exercise of an “authorise and direct” arrangement by the Director General on the basis that it would clearly be unreasonable for him to personally undertake these actions. They therefore must be performed only by the occupants of those positions so designated in the schedule.
The Minister for Health has the power under the Health Legislation and Administration Act to delegate any of his powers (except the power to delegate) which are conferred on him by any of the Health related Acts for which he has responsibility. Those powers within the Schedule, which arise from these Acts must generally be performed by the specified position or class of position to which the delegation is made. If, however, it is unreasonable to expect the occupant of such positions to exercise the authorities personally, they may formally in writing “authorise and direct” specific other positions to exercise this authority on their behalf.
The Public Sector Management Act allows the Director General to delegate to an employee any of his powers or duties under the Act, other than his power of delegation.
The Schedule includes a number of authorities best described as administrative in nature where the authority does not come from an Act but rather from the Director General’s responsibility to manage the Department of Health (eg Conference attendance, authority to authorise travel, signing of contracts, etc). Some of these authorities are subject to Government Policy but generally it is acceptable for the recipient of such an authority in the Schedule, within the bounds of their own authority level, to further delegate such authorities to others within their Division/Branch. An instruction of delegation would not normally be required to be completed for such sub-delegations.
Note: It is important to note that where a delegate “authorises and directs” other positions to exercise an authority on their behalf, they continue to retain responsibility for these actions. Appropriate accountability mechanisms may therefore need to be put in practice.
This circular last updated: Monday, 20 November 2006 at 10:03am