Delegations

Under section 20 of the Public Sector Management Act 1994, the Director-General may delegate their functions under law to officers in the Directorate.  A function includes a power, duty or authority. A fundamental effect of delegating a function is that a person to whom the function is delegated must use their own discretion when exercising that function. This is important because, when exercising a delegated power, the officer must ensure that all relevant considerations are taken into account. 

Ministers, the Head of Service and the Treasurer also delegate their powers, duties and functions under legislation. 

Delegations that apply to the Directorate’s functions and activities are available via this page.

What is a delegation?

A delegation is where one entity entrusts a function to a position or person. In the Directorate this usually means that the Minister or Director-General has been given a function under legislation, and they delegate that function to specified positions in the Directorate, for the occupants of those positions to carry out. A function includes an authority, duty, or power.

What is an appointment?

An appointment is where a person (or group of persons) is assigned a role which carries specific functions. This will be identified in the legislation, for example: 'the Director-General may appoint a qualified person to perform X function'. 

What is an authorisation?

An authorisation is similar to an appointment. It is where official permission is given for a specific purpose. For example, the legislation may state that an 'authorised person' may perform certain functions. This person is usually authorised by the Minister or the Director-General.

Current and historic delegation instruments

Education Act 2004

An Act about the education of children in the ACT, including:

  • responsibilities of parents and the government in relation to education and the principles and values on which government and non-government school education and home education are based
  • compulsory education and the circumstances in which school education is not required, including suspension and exclusion from school
  • operation and governance of government schools
  • registration of non-government schools and home education

Education Act 2004

Director-General Delegation Description

Delegates powers & functions related to:

  • Year 10 and 12 Certificates
  • Enrolment, registration and attendance requirements
  • Exemption Certificates
  • Approval to participate in training and employment alternatives
  • Compliance Notices
  • Establishment and operation of Government Schools
  • Attendance at Government Schools
  • School Boards establishment, functions, membership and operations
  • Authorised Persons (Government)
  • Registration of Non-Government Schools
  • Authorised Persons (Non-Government)
  • Home Education
  • Review of decisions
  • Information sharing
2019
2017

Ministerial Delegation Description

Delegates powers & functions related to:

  • Calling a meeting of the school board
  • Registration of Non-Government Schools
  • Reviewable decisions
  • Approve forms for the Act
2013
2012

ACT Teacher Quality Institute Act 2010

Establishes the ACT Teacher Quality Institute - a statutory authority with responsibility for teacher registration, accreditation of pre-service teacher education programs, and certification of teachers against national standards.

ACT Teacher Quality Institute Act 2010

Director-General Delegation Description

Delegates powers and functions related to:

  • Sharing information
2019

Children and Young People Act 2008

Chapter 20 and associated powers and functions deal with the meaning of a childcare service and sets out the licensing scheme for services under this law. It outlines the application process, suspension and cancellation of licences, assessment and reporting requirements and enforcement powers. It also creates offences for certain actions and inactions by responsible persons for childcare services. Ch. 20 applies to playschools, occasional care services, budget-based funded services and certain school holiday programs in the ACT.

Children and Young People Act 2008

Director-General Delegation Description

Delegates powers and functions related to:

  • Administration
  • Childcare services
  • Enforcement
  • Appeals and Reviews
  • Information secrecy and sharing
  • Miscellaneous - Determination of fees and Approved forms
2018
2017
2016
2013

Director-General Delegation Description Reportable Conduct

Delegates powers and functions related to:

  • Sharing reportable conduct information
2019

Education and Care Services National Law (ACT) Act 2011

This law provides for the adoption of the Education and Care Services National Law 2010 (the National Law). The principal objective of this law is to provide a national approach to regulation, assessment and quality improvement for early childhood education care and outside school hours care; licensing and quality assurance processes for services; and a public rating system for education and care services. This law applies to long day care, government and non-government preschools, family day care, and school age care services in the ACT.

Education and Care Services National Law (ACT) Act 2011

Director-General Delegation Description

Delegates powers & functions related to:

  • Provider Approval
  • Service Approval
  • Supervisor Certificates
  • Assessing and rating
  • Offences
  • Compliance
  • Review
  • Monitoring and Enforcement
  • Regulatory Authority
  • Information, Records and Privacy
  • Powers of entry
2018
2017
2016

Financial Management Act 1996

Provides for the financial management of the government of the Territory.

Financial Management Act 1996

Director-General Delegation Description

Delegates powers and functions related to:

  • Strategic Finance
  • General Expenditure
  • Non-Government Schools
  • Service Purchase Agreements
  • Finance Leases
  • Petty Cash
  • Debt Management
  • Asset Management
  • Travel
  • Licence and Facility Hire Agreements
  • Official Hospitality
2020
2019

Provides for the financial management of the government of the Territory.

Treasurer Delegation Description

Delegates powers and functions related to:

  • Borrowing on half of the Territory
  • Waiver of Debts
2017

Freedom of Information Act 1989 (Repealed)

The Act provides individuals with a legally enforceable right of access to government documents unless access would, on balance, be contrary to the public interest, and to request that a document be amended if it contains personal information that is incomplete, out of date, incorrect or misleading. This Act was repealed and replaced by the Freedom of Information Act 2016.

Freedom of Information Act 1989 (Repealed)

Director-General Delegation Description

Delegates powers and functions related to:

  • Decision makers
2017

Freedom of Information Act 2016

The Act provides individuals with a legally enforceable right of access to government documents unless access would, on balance, be contrary to the public interest, and to request that a document be amended if it contains personal information that is incomplete, out of date, incorrect or misleading.

Freedom of Information Act 2016

Director-General Delegation Description

Delegates powers and functions related to:

  • Information officers
2018

Freedom of Information Act 1982 (Cth)

The Act provides the Australian community access to information held by the Government of the Commonwealth by requiring agencies to publish the information and providing for a right of access to documents.

Freedom of Information Act 1982 (Cth)

Director-General Delegation Description

Delegates powers and functions related to:

  • Decision makers
2018

Ombudsman Act 1989

Governs the Office of the Ombudsman, whose role is to investigate complaints made under the Act regarding administrative actions. Staff should carry out their functions in accordance with legislative requirements and sound administrative practices. A person may complain to the Ombudsman about action taken by the Directorate. In the event of a complaint the Directorate has obligations in relation to assisting the Ombudsman with the handling of the complaint.

Ombudsman Act 1989

Director-General Delegation Description

Delegates powers and functions related to:

  • Reportable Conduct
2019

Public Sector Management Act 1994

Governs the ACT Public Service and provides principles for the administration of the public sector including and expected behaviours.

Public Sector Management Act 1994

Director-General Delegation Description

Delegates powers and functions related to:

  • Public Sector Standards
  • Position/Classification Management
  • Employment/Recruitment
  • Employment Programs
  • Salary/Remuneration
  • Allowances/Reimbursement
  • Working Arrangements
  • Leave
  • Medical/Fitness for Duty
  • Workplace Behaviours
  • Redeployment, Redundancy and Retirement
  • Termination
  • Internal Review Procedures
  • Appeals
  • Communication/Consultation
  • Executive Employment
  • Motor Vehicles
2019

Delegates powers and functions related to:

  • Cleaning Service Officer Agreements 2018-2021
2020

Delegates powers and functions related to:

  • Requesting the notification of legislative instruments
2019
2015

Head of Service Delegation Description

Delegates powers and functions related to:

  • Administration of the service
  • The public service
  • Engagement of senior executive service
  • Employment of officers and employees
  • Redeployment, underperformance and end of employment of officers
  • Re-entry to the service
  • The public sector
2016

Delegates powers and functions related to:

  • Enterprise Agreements 2018/2021
2019

Delegates powers and functions related to:

  • Teaching Staff Enterprise Agreements 2018-2022
2019

Ministerial Delegation Description

Delegates powers and functions related to:

  • International Travel
2012

Public Sector Standards Commissioner Delegation Description

Delegates powers and functions related to:

  • Findings of misconduct related to Enterprise Agreements
2019

Working with Vulnerable People (Background Checking) Act 2011

Provides for background checking of people working with or wanting to work with children or vulnerable adults in the ACT.

Working with Vulnerable People (Background Checking) Act 2011

Director-General Delegation Description

Delegates powers and functions related to:

  • Sharing information
2019

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