Delegation (Direction 10.2)
Effective date: 1 July 2018
Principles
The nature of this Direction 10 is such that all of the procurement principles are relevant. However, of particular relevance are the procurement principles of accountability and scalability.
Recognising that all of the construction procurement principles are relevant to achieving accountability, of particular relevance to this Direction are the following construction procurement principles:
- conducting Public Construction Procurement in an open and transparent manner ensuring defensibility of processes
- fostering continuous improvement and building appropriate skills and capability in the conduct of Public Construction Procurement
- undertaking Public Construction Procurement in accordance with the relevant legislation, policy, guidance and any mandatory requirements in these Directions.
10.2 Delegation
The Accountable Officer may delegate, in writing, powers and responsibilities under these Directions and the Instructions, other than this power of delegation and the certification of Special Circumstances under Instruction 3.2.2(j), in which case:
(a) the Accountable Officer must:
(i) retain accountability for the requirement
(ii) oversee the relevant actions of their delegates
(iii) ensure that the delegation is appropriate for the efficient and effective conduct of the business of the Agency
(iv) ensure that the delegation is assigned to a position and that position is appropriate in relation to the powers and responsibility being delegated
(v) keep a record of the delegation
(vi) ensure that the delegation is regularly reviewed and updated as required to ensure it is kept current
(b) the delegate must:
(i) be an executive employed by the Agency
(ii) be appropriately qualified or experienced to perform the delegated functions
(iii) use the delegation for the purpose intended
(iv) act within the limits of the delegation.
Tools and support
The Practitioners Toolkit includes key documents, guidance and information relating to the Ministerial Directions and Instructions.
For further information about the Ministerial Directions and Instruction for public construction procurement, please contact the Construction Policy Team.
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