New South Wales Consolidated Acts

GOVERNMENT SECTOR FINANCE ACT 2018 - SECT 9.9

9.9 Delegations by Ministers

(1) Application of section This section applies in relation to all Ministers (including the Treasurer), but does not apply in respect of the delegation of any of the Treasurer's delegable functions to which section 9.8 applies.

(2) General delegation power A Minister may delegate any of the Minister's delegable functions (except separate GSF agency delegable functions or functions under Division 9.1) to--

(a) another Minister, or

(b) the accountable authority for a GSF agency for which the Minister is the responsible Minister, or

(c) a government officer (or a government officer of a kind) of a GSF agency for which the Minister is the responsible Minister, or

(d) the Secretary of a Department, or

(e) a GSF agency for which the Minister is the responsible Minister that is a person, or

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

(3) Delegations concerning separate GSF agency delegable functions A Minister may delegate any of the Minister's separate GSF agency delegable functions in relation to a separate GSF agency to--

(a) the accountable authority for the agency, or

(b) a government officer (or a government officer of a kind) of the agency.

(4) Delegations concerning functions under Division 9.1 A Minister may delegate any of the Minister's functions under Division 9.1 to--

(a) another Minister, or

(b) the Secretary of a Department.

(5) Subdelegations A delegate of a Minister may subdelegate a delegated function as follows to a permitted subdelegate for the kind of delegate concerned--

	Kind of delegate	Permitted subdelegates
1	Other Minister	Any of the following--(a) an accountable authority for a GSF agency for which that other Minister is the responsible Minister,(b) the Secretary of a Department,(c) a government officer (or a government officer of a kind) of a GSF agency for which that other Minister is the responsible Minister,(d) any other entity (or an entity of a kind) prescribed by the regulations as an entity to which the delegate can subdelegate
2	Secretary of a Department	Any of the following--(a) the accountable authority for a GSF agency for which the Minister giving the delegation is the responsible Minister,(b) a government officer (or a government officer of a kind) of a GSF agency for which the Minister giving the delegation is the responsible Minister,(c) any other entity (or an entity of a kind) prescribed by the regulations as an entity to which the delegate can subdelegate
3	Accountable authority for a separate GSF agency and the function is a separate GSF agency delegable function in relation to 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 as an entity to which the delegate can subdelegate
4	Accountable authority for a GSF agency that is not a separate GSF agency for which the Minister is the responsible Minister	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 as an entity to which the delegate can subdelegate
5	GSF agency	Any of the following--(a) an accountable authority for the agency,(b) a government officer of the agency,(c) any other entity (or an entity of a kind) prescribed by the regulations as an entity to which the delegate can subdelegate
6	Government officer of a GSF agency (including of a separate GSF 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 as an entity to which the delegate can subdelegate
7	Entity (or an entity of a kind) prescribed for the purposes of subsection (2) (f)	Entity (or an entity of a kind) prescribed by the regulations as an entity to which the delegate can subdelegate

(6) A subdelegate may subdelegate a Minister's delegable function in the same way as a delegate may subdelegate the function under subsection (5).

(7) Despite subsections (5) and (6), the following delegable functions of a Minister 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 of the Minister under Division 9.1.