New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) A GSF agency that is a person may delegate any delegable function of the agency (except an excluded function) to--(a) the accountable authority for the agency, or(b) a government officer (or a government officer of a kind) of the agency, or(c) any other entity (or an entity of a kind) prescribed by the regulations.
(2) An
"excluded function" is--(a) any function of a kind prescribed by the regulations as an excluded function, or(b) for a GSF agency that is not a separate GSF agency--any other kind of function that the responsible Minister for the agency has directed in writing cannot be delegated.
(3) A delegate of a GSF agency that is a person may subdelegate a delegated function as follows to a permitted subdelegate for the kind of delegate concerned--
Kind of delegate Permitted subdelegates 1 Accountable authority for the agency Any of the following--(a) a government officer (or a government officer of a kind) of the agency,(b) any other entity (or an entity of a kind) prescribed by the regulations 2 Government officer of the agency Any of the following--(a) another government officer (or another government officer of a kind) of the agency,(b) any other entity (or an entity of a kind) prescribed by the regulations 3 Entity (or an entity of a kind) prescribed for the purposes of subsection (1) (c) Entity (or an entity of a kind) prescribed by the regulations as an entity to which the delegate can subdelegate
(4) A subdelegate may subdelegate a delegable function of a GSF agency that is a person in the same way as a delegate may subdelegate the function under subsection (3).
(5) Despite subsections (3) and (4), the following delegable functions of a GSF agency cannot be subdelegated--(a) a function excluded from subdelegation by the delegate's or subdelegate's instrument of appointment as a delegate or subdelegate,(b) a function that the responsible Minister for the agency has directed in writing cannot be subdelegated.
(6) Subject to regulations made for the purposes of subsection (2) (a), the responsible Minister for a GSF agency may give written directions to the accountable authority for the agency concerning--(a) the kinds of persons to whom the authority can or cannot delegate functions under this section, and(b) the kinds of functions that are excluded from delegation or subdelegation under this section and(c) the review of delegations and subdelegations given under this section.Note : Section 2.5 authorises a separate GSF agency not to comply with certain Treasurer's requirements or Ministerial information requirements if the accountable authority for the agency considers the requirements not to be consistent with the agency's statutory functions.
(7) The GSF agency must review any delegations and subdelegations given under this section in respect of its delegable functions in accordance with any requirements specified by the regulations or directions under subsection (6).