New South Wales Consolidated Acts

HEALTH SERVICES ACT 1997 - SECT 40

40 Delegations by local health district

(cf AHS Act s 34)

(1) A local health district may delegate any of its functions (other than a function set out in subsection (1A)) to--

(a) any member of the NSW Health Service, or

(b) a visiting practitioner, council or committee appointed by the local health district, or

(c) a body appointed by the Minister or Health Secretary under this or any other Act, or

(d) a person or body of a class prescribed by the regulations.

Note--: Section 49 of the Interpretation Act 1987 contains general provisions relating to the delegation of functions.

(1A) A local health district cannot delegate--

(a) its power of delegation under this section, or

(b) its functions under section 31(2), or

(c) the power to make by-laws.

(2) The Health Secretary may give any direction to a local health district concerning delegations under this section that the Health Secretary thinks fit.

(3) Nothing in this section authorises a local health district to delegate the whole of its functions to another person.