Rules for delegation
When a power has been delegated, the following basic rules apply:
- The power to delegate cannot be delegated - the Secretary cannot give the power to a team leader, for the team leader to delegate to the individual members of the team.
- Officers must not exercise their delegated powers if the instrument empowering them has been revoked, or when they move to another position which does not have the same delegation, appointment or authorisation.
- Schedules to the lists of delegates must be signed or initialled by the delegating body.
- The financial limit placed on the delegation must not be exceeded. Similarly amounts cannot be split or divided to circumvent the delegated limit.
Examples of delegate exceeding financial limit
When waiving a debt, if the total value of the debt exceeds the delegated limit of the officer, they cannot
- share the decision making by splitting the debt with another delegate, waiving the amount between them;
- split the debt between a veteran and his/her partner, creating two debts under the officer's delegated limit; or
- waive the total in several smaller amounts that individually come under the officer's delegated limit.
Delegate must have authority for each decision
An officer must signify the capacity in which they sign when exercising the powers assigned to them.
If the decision-maker does not have the necessary delegated authority to make each decision required of them, their decision has no legal effect.
Powers that may be delegated
Delegates to understand the extent of their power
A delegate may only make a formal decision on a matter under their direct control. The delegate must understand the extent of their power and the provisions of relevant legislation before making a decision.
Delegate to advise outcomes of decisions
VEA→
A delegate of the Repatriation Commission must provide a statement of reasons where a determination is made in connection with a claim, or review of pension.
A statement of reasons should contain the following elements:
- notice in writing of the decision;
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Advices
- the name and designation of the decision maker;
- a statement of the findings on any material question of fact, and a reference to the material on which those findings are based;
- a statement of the reasons for the decision; and
- appropriate information about rights of review.
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Rights to appeal