Online Safety— of 2018
9
Power of the Commission to delegate
16.—(1) Subject to the approval of the Minister, the Commission may delegate to any
person any of its functions or powers except this power of delegation.
(2) Before delegating any function or power, the Commission must be satisfied that
the delegate has the appropriate knowledge, skills and experience to carry out those
functions or powers.
(3) A delegation—
(a) must be in writing;
(b) is subject to any restriction or condition specified by the Commission;
(c) is revocable in writing at any time; and
(d) does not prevent the performance of a function or exercise of a power by
the Commission.
(4) A person performing any delegated function or exercising any delegated power
may perform and exercise them in the same manner and with the same effect as if the
function or power had been conferred directly by this Act and not by delegation.
(5) A person who acts under a delegation given under this section is presumed to be
acting in accordance with its terms in the absence of evidence to the contrary.
PART 3—PROCEEDINGS
Who may bring proceedings
17. Any of the following may apply to the court to issue an order under section 22—
(a) an individual who alleges that he or she has suffered or may suffer harm as
a result of an electronic communication;
(b) a parent, legal guardian or representative on behalf of an individual if the
individual is a child or a person suffering from mental incapacity, as the
case may be;
(c) the school principal or head teacher of a registered school, or his or her
delegate, if the individual is a student of that school who consents;
(d) the Commission on behalf, and with the consent, of an individual if the
individual has lodged a complaint under this Act; or
(e) the police, if the electronic communication constitutes a threat to the safety
of an individual.
Threshold for proceedings
18.—(1) A person referred to in section 17(a), 17(b) or 17(c) must not apply to the
court for an order under section 22 in respect of an electronic communication unless the
Commission has first received the complaint about the electronic communication and has
had a reasonable opportunity to assess the complaint.
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