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Oranga Tamariki Act 1989

Purposes, principles, and duties - General duties

7D: Requirements for delegation to persons who are not social workers

You could also call this:

"Rules for giving jobs to people who are not social workers"

Illustration for Oranga Tamariki Act 1989

When the chief executive wants to give some of their jobs to someone who is not a social worker, they must follow some rules. The chief executive must be satisfied that the person is qualified to do the job, considering their training, experience, and how well they work with people. They must also make sure the person will be bound by rules that support them doing the job correctly, if the person is not a government employee, by checking the rules in clauses 2 and 3 of Schedule 6 of the Public Service Act 2020.

The chief executive can give jobs to someone who is not qualified if that person will give the job to someone else who is qualified, such as a social worker, and who works under their management. You need to know that the chief executive has to make sure the person they give the job to will do it correctly.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7220903.

Topics:
Government and voting > Government departmentsWork and jobs > Job licensesWork and jobs > Worker rights
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7C: Delegation of functions and powers conferred by court order or warrant, or

"The boss can give some jobs and powers to others, like social workers, as allowed by a court."

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7E: Subdelegation of functions and powers by delegates who are not social workers, or

"When someone who is not a social worker gets tasks, they can pass them to someone else if they follow the rules."

Part 1Purposes, principles, and duties
General duties

7DRequirements for delegation to persons who are not social workers

  1. This section applies to a delegation referred to in section 7B or 7C.

  2. Before making a delegation to a person who is not a social worker, the chief executive must be satisfied that, in addition to any relevant requirements of clauses 2 and 3 of Schedule 6 of the Public Service Act 2020 being met,—

  3. the person is appropriately qualified to perform the function or exercise the power, taking into account the person’s training, experience, and interpersonal skills; and
    1. if the person is outside the State services, the person will be bound by contractual obligations that are sufficient to support the appropriate exercise of the delegation.

      1. The chief executive may make a delegation to a person who does not meet the requirement in subsection (2)(a) if the delegation is made for the sole purpose of that delegate subdelegating the function or power to a person—

      2. who works under the management or supervision of the delegate; and
        1. who is a social worker or meets the requirement in subsection (2)(a).

          Notes
          • Section 7D: inserted, on , by section 7 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
          • Section 7D(2): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).