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. 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. Delegations the Procurement Act are not to be further delegated. Delegations provided under the 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. A delegated officer is to exercise delegated powers or functions in good and in the interests of the Northern Territory. For the purposes of the Procurement Act, a delegated 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.
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. 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. Delegations the Procurement Act are not to be further delegated. Delegations provided under the 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. A delegated officer is to exercise delegated powers or functions in good and in the interests of the Northern Territory. For the purposes of the Procurement Act, a delegated 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.
complete-procurement-directions.docx