CEI 1.1 Delegations and Authorisations

1. Scope of this instruction

This Chief Executive Instruction (CEI) outlines the policy for the delegation of powers under legislation to departmental officials. For the purposes of this document the term 'delegation' has been used to refer collectively to powers that are delegated or conferred by way of authorisation. The instruction applies to delegations under all legislation administered by the department not just financial delegations under the Financial Management and Accountability Act 1997 (the FMA Act).

2. Policy principles

• Delegations are to be assigned to a position number, not an individual by name or group of individuals, unless this is specifically required under legislation or to suit specific circumstances
• Each official is accountable and responsible for the correct exercise of delegations assigned to his or her position.
• All current delegations and associated limitations will be noted in iDelegate; the department's delegations database
• All officials exercising delegations must adhere to the fundamentals of good judgement/decision making and maintain adequate records.

3. Target audience

This CEI is applicable to all officials (as defined in the 'Definitions' section) in the Department of Agriculture Fisheries and Forestry (DAFF).

4. Breaches

Officials are bound by 2011/05 section 13 of the Public Service Act 1999 (the PS Act Code of Conduct) and section 44 of the FMA Act to use Commonwealth resources in an efficient, effective and ethical manner that is not inconsistent with the policies of the Commonwealth. Officials who do not comply with this CEI may be found to be in breach of these provisions and sanctions may apply.

5. Departmental instructions

5.1 Responsibilities

Officials who hold delegations must:

• only exercise delegations against the position number that they currently occupy
• take steps to ensure they understand the powers that have been delegated to them
• comply with all relevant statutory requirements, government and departmental policies relevant to the delegation, and any limitations of the delegation.
• clearly record the exercise of their delegation by writing their name and position number on any documentation they sign as a delegate
• take personal responsibility for the exercise of the delegation and not be coerced into making a decision against their will or better judgement.

Managers must:

• ensure that officials exercising delegations within their area possess the knowledge and skills to adequately exercise the delegations assigned to their positions
• ensure delegations and limitations are appropriate for the responsibilities and level of the position to which the powers are delegated
• request any necessary changes to delegations or limitations when duties or functions of positions change (particularly if a position number has been transferred from another business area).

Endorsing employees must only endorse:

• recommendations to issue, vary or revoke a delegation where there is a clear business need to do so
• only endorse recommendations where the applicable limitations are commensurate with the role and duties of the position seeking delegation.

Delegations officer must:

• check, coordinate and manage the progression of departmental delegations for the appointing delegate's signature
• conduct routine reviews of delegations for appropriateness to position numbers as required, or when legislative amendments necessitate delegation changes
• manage the administration of iDelegate
• not hold any delegations.

5.2 Reporting

Instances of non-compliance with delegations under the FMA Act and Regulations are reportable to the minister and the Department of Finance and Deregulation through the annual Certificate of Compliance. Any breaches should be reported immediately through your manager to the Corporate Finance Division.

6. References

6.1 Legislation

• Financial Management and Accountability Act 1997
• Financial Management and Accountability Regulations (as amended)
• Financial Management and Accountability (Finance Minister to Chief Executives) Delegation (as amended)
• Public Service Act 1999 and the Acts Interpretation Act 1901, sections 34AA and 34AB – Delegations
• Legislation specific to the function for which the delegation has been issued.

6.2 Internal guidance/instruction

• All about delegations and authorisations
• Corporate Finance training

6.3 External guidance/instruction

• Australian Government Solicitor's (AGS) Legal Briefing 74 – 'Delegations, Authorisations and the Carltona principle'
• Finance Circular 2011/05 – Chief Executive's Instructions
• AGS Legal Briefings

7. Definitions and Acronyms

Change History