New South Wales Consolidated Acts

GOVERNMENT SECTOR FINANCE ACT 2018 - SECT 2.5

2.5 Separate GSF agency

(1) Each of the following is a
"separate GSF agency" --

(a) the Audit Office,

(b) the Independent Commission Against Corruption,

(c) the Judicial Commission of New South Wales,

(c1) the Law Enforcement Conduct Commission,

(d) the New South Wales Electoral Commission,

(e) the Ombudsman's Office,

(f) any other entity (or an entity of a kind) prescribed by the regulations as a separate GSF agency.

(2) Despite any other provision of this Act, a separate GSF agency (and the accountable authority for the agency and its government officers) are each not required to comply with a relevant Treasurer's requirement or Minister's information requirement if the accountable authority considers that the requirement is not consistent with the exercise of the statutory functions of the agency.

(3) A
"relevant Treasurer's requirement" is--

(a) a provision of the Treasurer's directions that a separate GSF agency (or the accountable authority for the agency or its government officers) would be required to comply with but for this section, or

(b) any other direction, request or other requirement given or made by the Treasurer under this Act that a separate GSF agency (or the accountable authority for the agency or its government officers) would be required to comply with but for this section.

(4) A
"Minister's information requirement" is any direction, request or other requirement given or made by a Minister under this Act for the provision of information about a separate GSF agency that the agency (or the accountable authority for the agency or its government officers) would be required to comply with but for this section.

(5) The accountable authority for a separate GSF agency must ensure that a written document (a
"non-compliance reasons statement" ) stating the reasons for any non-compliance with a relevant Treasurer's requirement or Minister's information requirement is--

(a) given to the Treasurer or other Minister who gave or made the requirement as soon as practicable after it is decided not to comply, and

(b) included in the annual reporting information for the separate GSF agency for the annual reporting period during which the non-compliance occurred or reported in any other way prescribed by the regulations.

(6) Without limiting subsection (5) (b), the regulations may make provision for or with respect to the tabling of non-compliance reasons statements in Parliament (including by providing for the application of section 9.12 to the tabling).