7.2Identifying, accessing, and undertaking training for Transport and Main Roads legal delegates#
Transport and Main Roads' legal delegates hold a role vested with the authority to carry out the functions, powers, and duties of, or to act on behalf of, or represent others. In the case of the department, this is ordinarily on behalf of the Transport and Main Roads' chief executive that is, the Director-General. The positions which are Transport and Main Roads legal delegates are outlined in the department's Instruments of Delegation and Schedule of Delegations and is accessible via the department's Delegation Database. Transport and Main Roads' legal delegates undertaking temporary restrictions on SCRs due to unplanned events (for example) flooding, may be delegated the authority to undertake activities associated with the following legislation:
- s 46(1) Transport Infrastructure Act 1994 (Qld).
- s 71(1) Transport Operations (Road Use Management) Act 1995 (Qld).
Legal delegates are responsible for ensuring they exercise their delegation appropriately. Noting the following list is not exhaustive, this may include:
- referring to the relevant Instrument of Delegation and Schedule of Delegation to confirm they hold a delegation
- referring to the appropriate legislation to confirm understanding of the scope of power and any limitations described in the Schedule of Delegation
- consider if they may not be able to exercise a legislative delegation without the appropriate human resource or financial delegation
- only exercise those specific powers listed in the Schedule of Delegation and observe any limitations or conditions indicated in the schedule
- consider any relevant policy or guidelines, as exercising delegated power should be consistent with these (an Instrument of Delegation should not refer to policies or make a decision on the available facts and supporting information), and/or
- must consider if the matter is of such importance or possesses special features, that it requires consideration by a higher-level delegate.
Local processes are to be implemented to identify Transport and Main Roads' legal delegates, their availability and training requirements in exercising their delegation. Such processes and outputs should be recorded and reviewed regularly to ensure local needs are met. This may occur in connection with business continuity planning, or other District risk management activities. Transport and Main Roads' legal delegates may access additional resources on decision-making from the Queensland Ombudsman.
