Part 4ANational Cervical Screening Programme
Operation of NCSP
112KDelegation of functions and powers
The Director-General may, in writing, delegate to the NCSP manager any of his or her functions or powers under sections 112M(2)(b) and (c), 112N(2)(b) and (c), 112ZB(2), 112ZC(2), and 112ZD(2), on any conditions that the Director-General thinks fit.
The NCSP manager may, in writing, delegate to any person any of his or her functions or powers under this Part, on any conditions that the NCSP manager thinks fit, except—
- any power or function delegated to the NCSP manager by the Director-General; and
- this power of delegation.
Subject to any general or special directions given or conditions attached by the NCSP manager or the Director-General, the person to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on him or her directly under this Part and not by delegation.
Any delegation under subsection (2) may be made to a specified person or to the holder or holders for the time being of a specified office or specified class of offices.
Every person who purports to act under a delegation under this section is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.
A delegation under this section—
- is revocable, in writing, at will; and
- continues in force until it is revoked, even if the NCSP manager or Director-General by whom it was made ceases to hold office, and continues to have effect as if made by his or her successor in that office.
A delegation under this section does not affect or prevent the performance or exercise of any function or power by the delegator, and does not affect the responsibility of the delegator for the actions of any person acting under that delegation.
Subsection (1) does not limit the Director-General's power to delegate any of his or her functions under this Part in accordance with clauses 2 and 3 of Schedule 6 of the Public Service Act 2020.
Notes
- Section 112K: inserted, on , by section 4 of the Health (National Cervical Screening Programme) Amendment Act 2004 (2004 No 3).
- Section 112K(8): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).