New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) An accountable authority for a GSF agency may delegate any of the accountable authority's delegable functions (except an excluded function) to--(a) a government officer (or a government officer of a kind) of the agency, or(b) any other entity (or an entity of a kind) prescribed by the regulations.
(2) An accountable authority for a university or its controlled entities may delegate any of the accountable authority's delegable functions (except an excluded function) to--(a) an employee or officer (or an employee or officer of a kind) of the university or its controlled entities, or(b) any other entity (or an entity of a kind) prescribed by the regulations.
(3) An
"excluded function" is--(a) for the accountable authority for a GSF agency--(i) any function of a kind prescribed by the regulations as an excluded function, or(ii) if the agency 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, and(b) for the accountable authority for a university or its controlled entities--any function of a kind prescribed by the regulations as an excluded function.
(4) A delegate of the accountable authority for a GSF agency may subdelegate a delegated function as follows to a permitted subdelegate for the kind of delegate concerned--
Kind of delegate Permitted subdelegates 1 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 2 Entity (or an entity of a kind) prescribed for the purposes of subsection (1) (b) Entity (or an entity of a kind) prescribed by the regulations as an entity to which the delegate can subdelegate
(5) A delegate of the accountable authority for a university or its controlled entities may subdelegate any function delegated by the accountable authority except a function excluded from subdelegation by the delegate's instrument of appointment as a delegate.
(6) A subdelegate may subdelegate a delegable function of an accountable authority in the same way as a delegate may subdelegate the function under subsection (4) or (5).
(7) Despite subsections (4), (5) and (6), the following delegable functions of an accountable authority of a GSF agency or a university or its controlled entities 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) for the accountable authority for a GSF agency--a function that the responsible Minister for the agency has directed in writing cannot be subdelegated.
(8) Subject to regulations made for the purposes of subsection (3) (a) (i), 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.
(9) The accountable authority for a GSF agency or a university or its controlled entities must review any delegations and subdelegations given under this section in respect of the authority's delegable functions in accordance with any requirements specified by the regulations or directions under subsection (8).