Australia Public Governance, Performance and Accountability Act 2013 (PGPA Act)
Chapter 4: the rules, procurement and grants instruments, intelligence and law enforcement modifications, delegations and the independent review (sections 100 to 112) – Australia Public Governance, Performance and Accountability Act 2013 (PGPA Act)

Australia Public Governance, Performance and Accountability Act 2013 (PGPA Act) 110: Delegations by the accountable authority of a non-corporate entity: delegate only by written instrument to an official of a non-corporate entity, never the general duties, accountable authority instructions, government policy, corporate plan, performance or accounts and financial statements duties, give written directions where appropriate, pass on the Finance Minister's directions to sub-delegates, and ensure delegates comply

What does 110 require?

The accountable authority of a non-corporate Commonwealth entity may hand its powers, functions and duties under the Act or the rules, including the power to delegate and anything the Finance Minister has delegated to it, to an official of a non-corporate Commonwealth entity, but only by written instrument. Certain things cannot be passed on: the general duties in Subdivision A of Division 2 of Part 2-2, the giving of accountable authority instructions, the duty to govern consistently with government policy, the corporate plan duty, the performance duties in sections 37 to 39, and the accounts and financial statements duties in sections 41 to 43. For a delegated power that did not come from the Finance Minister, the accountable authority may issue written directions that the delegate must follow. Where it sub-delegates a Finance Minister power, the sub-delegate's act is taken to be the Finance Minister's, the accountable authority must relay in writing any directions it is itself under and may add compatible directions of its own, and the sub-delegate must comply with them.

Maintained by Gerard Blokdyk

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