Delegation (Public Construction – Guidance 10.2)

This Guidance helps Agencies to understand the requirements for exercising a delegation under the Directions and Instructions.

Effective date: 1 July 2018

Objective: To explain the requirements for exercising a delegation under the Directions and Instructions

Summary

The Accountable Officer may delegate responsibilities under the Directions, with the exception of certifying Special Circumstances under Limited Tenders Instruction 3.2.2(j).

This Guidance explains the requirements for delegating responsibilities.

Requirements for delegating responsibilities

The Accountable Officer has a number of responsibilities under the Directions and the Instructions. Consistent with the overarching principles in the Public Administration Act 2004 (Vic) the Directions provide that the Accountable Officer may delegate those responsibilities, other than the power of delegation and the certification of Special Circumstances under Limited Tenders Instruction 3.2.2(j).

Delegation of responsibilities is consistent with the principle of accountability and ensuring that accountability for procurement outcomes is aligns with appropriate levels of authority and responsibility. From a practical perspective, it also enables efficiency in procurement governance.

Under the Directions and Instructions references to Accountable Officers include delegates, by operation of Ministerial Direction 10.2. Accountable Officers may wish to give standing delegation for particular types of decisions.

The delegate must:

  • be an executive employed by the Agency; and
  • be appropriately qualified or experienced to perform the delegated function.

Where the scope of a delegation includes determining the use of Limited Tenders the delegate may need experience in construction procurement or procurement more generally, or access to suitable advisers.

Limited Tenders where Special Circumstances exist

Limited Tenders (Instruction 3.2.2) sets out the Special Circumstances that may justify using a Limited Tender.

Special Circumstance 3.2.2(j) refers to: 'exceptional circumstances as certified by the Responsible Minister or Accountable Officer'.

Special Circumstance 3.2.2(j) cannot be delegated. Agencies seeking to rely on this Special Circumstance will need to refer the matter to the Accountable Officer or Responsible Minister to certify that the exceptional circumstances exist.

Tools and support

The Practitioners Toolkit includes key documents, guidance and information about the Ministerial Directions and Instructions for public construction.

For further information about the Ministerial Directions and Instructions for public construction procurement, please contact the Construction Policy Team.

Reviewed 23/07/2018
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