Part 4: Authorisations

4.1    CDF's and Secretary's power to authorise

1.

The CDF and the Secretary have powers to consider and approve various matters.

 

a.

The CDF has powers under the Defence Act 1903 for ADF conditions of service in Australia.

 

b.

The Secretary has powers under the DeCA for APS overseas conditions.

2.

The CDF and Secretary have authorised specified persons to exercise these powers on their behalf. These authorisations are made under an instrument of authorisation.

See: Divisions 2 and 3.

3.

A person who has been authorised by the CDF or Secretary to act on their behalf is acting solely on behalf of the CDF or Secretary. They do not exercise these powers in their own right. The effect of this is that a decision by an authorised person is, at law, a decision by the CDF or Secretary.

4.

Guidance for authorised persons can be found in Part 5, Decision-Maker's Handbook on Defence Conditions of Service.

5.

If an authorised person needs advice on more complex cases, they can get it from Director Entitlements. They should get the advice before they make the decision.

4.2    Decision-makers to avoid conflict of interest

 

See: Clause 1.5.5, which requires decision-makers to avoid conflicts of interest in making decision about entitlements.

4.3    Contents                                                                                                                                                           

 

This Part includes the following Divisions.

 

Division 1

Minister's Instrument of Delegation

 

Annex 4.A

Minister's Instrument of Delegation

 

Division 2

CDF Instrument of Authorisation

 

Annex 4.B

CDF Instrument of Authorisation

 

Division 3

Secretary's Instrument of Authorisation

 

Annex 4.C

Secretary's Instrument of Authorisation

 

Division 4

Service Chiefs' Instruments of Authorisation

 

Annex 4.D

Service Chiefs' Instruments of Authorisation

 

PACMATE                                                            Reprint (August 2008)                                                                          Part 4 – 1