Procurement Direction F5 (Delegations)

Delegations

Statement of Intent

The Procurement Act, Procurement Regulations and Procurement Directions confer powers and functions on certain persons. This Procurement Direction provides information regarding the delegation of powers and functions under the Government Procurement Framework.

Main Features

Section 11 of the Procurement Act requires Accountable Officers and employees of Agencies to comply with the Procurement Directions.

Delegations

  • A person on whom a power is conferred or function imposed by the Procurement Actmay, in writing, delegate those powers and functions to specific persons.
  • Delegations under the Procurement Act are not to be further delegated.
  • A delegated officer is to exercise delegated powers or functions in good faith and in the interests of the Northern Territory.

Contents

Delegations

Authorities

Procurement Act

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Procurement Direction F5 (Delegations)

Delegations

F5.1A person on whom a power is conferred or functions imposed by the Procurement Act may, in writing, delegate those powers and functions to specific persons.

  1. The Procurement Act confers powers and imposes functions exclusively on specific persons (for example the Minister responsible for Procurement and Accountable Officers).
  2. These persons may, by instrument in writing, delegate to a person or a person holding, acting or performing the duties of a named office, designation or position, those functions and powers conferred under the Procurement Act. Section 4 of the Procurement Act provides for the delegation of those powers and functions.
  3. The delegation of powers and functions allows for the efficient administration of the Government, while maintaining a strong accountability and control environment. In particular, delegations reduce the need for persons, such as the Minister responsible for Procurement and Accountable Officers, to personally attend to all powers and functions conferred on them by the Procurement Act.
  4. The provision of powers or functions to a delegated officer does not prevent the exercise of those powers or the performance of those functions by the person who delegated the power or function. For example, the Minister responsible for Procurement may still exercise a power provided under the Procurement Act, even though the power has been delegated.

F5.2Authority to issue Certificate of Exemption for Tier Four or Tier Five procurements cannot be delegated.

  1. Authority to issue a Certificate of Exemption for Tier Four or Tier Five procurements vests with the Accountable Officer and cannot be further delegated.
  2. Authority to issue a Certificate of Exemption for Tier Two or Tier Three procurements may be delegated.

F5.3Delegations under the Procurement Act are not to be further delegated.

  1. Delegations provided under the Procurement Act are specific to the delegated officer and cannot be further delegated (section 46A of the Interpretation Act). For example, where the Minister responsible for Procurement has delegated powers to an Accountable Officer, the Accountable Officer cannot delegate those same powers to another person.

F5.4A delegated officer must exercise delegated powers or functions in good faith and in the interests of the Northern Territory.

  1. For the purposes of the Procurement Act, a delegated power or function is deemed to have been exercised or performed by the person who delegated the power or function. In this regard, a delegated officer is accountable to the person who delegated the power or function.As such, the application of the delegated power or function is to be in writing and needs to be undertaken in good faith, having regard to the interests of the Northern Territory.

DEPARTMENT OFBUSINESS Page 1 of 2

Procurement Direction F5 (Delegations)

Table of Amendments
Amendment / Details / Effective Date
General / Formatted for WCAG2.0 accessibility – changes to formatting, spelling, grammar and punctuation / 1 January 2013
General / Amended to reflect Procurement Reforms changes / 1 July 2014
General / Formatted for web compatibility / 15 February 2015

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