Section 427 — Children, Young Persons, and Their Families Act 1989: Delegation of functions of Care and Protection Co-ordinator or Youth Justice Co-ordinator to Social Worker
Text of the provision Official document
427 Delegation of functions of Care and Protection Co-ordinator or Youth Justice Co-ordinator to Social Worker (1) A Care and Protection Co-ordinator or a Youth Justice Co-ordinator may, from time to time, delegate to any Social Worker (being a Social Worker who is, in the opinion of that Co-ordinator, suitable by reason of his or her training or experience to carry out that function or power) any function or power of that Co-ordinator under this Act. (2) Every delegation under subsection (1) of this section— (a) Shall be in writing: (b) May be given on such terms and conditions as the Co-ordinator thinks fit: (c) Shall be revocable in writing at will by the Co-ordinator or the chief executive. (3) Subject to any terms or conditions imposed by the Co-ordinator, a Social Worker to whom any functions or powers are delegated under subsection (1) of this section may exercise those functions or powers as if they had been conferred on that person directly by this Act and not by delegation. (4) Every person purporting to act pursuant to any delegation under subsection (1) of this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation. (5) No delegation under subsection (1) of this section shall affect or prevent the exercise of any function or power by the Care and Protection Co-ordinator or Youth Justice Co-ordinator who made the delegation. (6) Any delegation under subsection (1) of this section, until it is revoked by the chief executive, shall continue in force according to its tenor, notwithstanding that the Care and Protection Co-ordinator or Youth Justice Co-ordinator by whom the delegation was made may have ceased to hold office. Subsections (2)(c) and (6) were amended, as from 1 October 1999, by section 13 Department of Child, Youth and Family Services Act 1999 (1999 No 82) by substituting “ chief executive ” for “ Director-General ” .
Official source: legislation.govt.nz
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