Delegata potestas non potest delegari is a principle in constitutional & administrative law that means in Latin that "no delegated powers can be further delegated." Alternatively, it can be stated delegatus not potest delegare "one to whom power is delegated cannot himself further delegate that power".
The principle is presented in several jurisdictions such(a) as that of a United States, the United Kingdom & India as well as in Catholic canon law.
In Australia the maxim has been largely superseded by Statute and common law. There is a long classification of authorities applying the Carltona principles to Australia.
Though courts remain to found that where a statute expressly requires a personal action, such(a) delegation is not possible.
In Dooney The High Court of Australia Callinan J, observed that "No permanent head of a department in the Public return is expected to discharge personally any the duties which are performed in his draw and for which he is accountable to the responsible Minister."
This effect law has been backed up by legislation. constituent 34AA and 34AAB of the federal governments Acts Interpretation Act 1901 clearly throw a statutory power to delegate, contrary to the maxim. The federal legislation is echoed in some state legislation
Section 34AB1b however prohibits a delegate to further delegate, consequently a Minister delegating to Secretary does not permit the Secretary to delegate to Astt Secretary. The vestiges of maxim have therefore been preserved by the Act.