Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
Registrar means the Registrar or a deputy
registrar.
(2) Subject to
subsection (3), the regulations may provide for and in relation to the
delegation to a Registrar of all or any of the functions of the Commission in
relation to the following —
(a)
claims referred to in section 29(1)(b);
(b) the
review of awards for the purposes of section 40B;
(c)
applications under section 49I(7).
(3) The powers of the
Commission —
(a) to
make an order under section 23A;
(b) to
make an order that an employee has not been allowed by his or her employer a
benefit to which he or she is entitled under his or her contract of service;
and
(c) to
make an order under section 40B,
cannot be delegated to
a Registrar.
(4) The Chief
Commissioner may from time to time give directions in writing to a Registrar
with respect to the performance of any of the Registrar’s functions
under this section and the Registrar is to give effect to any such direction.
(5) A direction may be
either general or with respect to a particular matter.
(6) A function
performed by a Registrar as a delegate of the Commission is to be taken to be
performed by the Commission.
(7) A function may be
performed by the Commission despite it being a delegated function.
(8) Except as provided
in subsection (4) and despite any other provision of this Act, the
Public Sector Management Act 1994 or any other written law, a Registrar
is not subject to the direction or control of any person in relation to the
manner in which the Registrar performs a delegated function.
(9) A party to
proceedings in which a Registrar has performed a delegated function may,
within the time prescribed by, or within such further time as is allowed in
accordance with, the regulations, apply to the Commission to review a
direction, determination or order made by a Registrar in the performance of
the delegated function.
(10) The Commission
constituted by a commissioner may, on application under subsection (9),
review the direction, determination or order and may —
(a)
affirm the direction, determination or order; or
(b)
revoke the direction, determination or order and make a direction,
determination or order the Commission considers appropriate with respect to
the matter to which the performance of the delegated function related.
(11) The Chief
Commissioner of his or her own motion may review, or may assign a commissioner
to review, a direction, determination or order made by a Registrar in the
performance of a delegated function and the Commission constituted by the
Chief Commissioner or the commissioner assigned may —
(a)
affirm the direction, determination or order; or
(b)
revoke the direction, determination or order and make a direction,
determination or order the Commission considers appropriate with respect to
the matter to which the performance of the delegated function related.
(12) A review under
subsection (11) may be carried out within the time prescribed by, or
within such further time as is allowed in accordance with, the regulations.
(13) The Chief
Commissioner may make regulations for the purposes of this section.
[Section 96 inserted by No. 20 of 2002
s. 161.]
[Part VI deleted by No. 94 of 1984 s. 58.]
[Heading inserted by No. 15 of 1993
s. 28.]