New South Wales Consolidated Acts

LEGAL PROFESSION UNIFORM LAW (NSW) - SECT 411

411 Power of local regulatory authority to take over exercise of delegated function

(1) A local regulatory authority may take over responsibility for a matter from a delegate of the authority, if the authority is of the opinion that it is appropriate to take it over.

(2) When a local regulatory authority takes over a matter from a delegate--

(a) the local regulatory authority may deal with and determine the matter afresh, but may adopt or take into account anything done or received by the delegate to date; and

(b) the delegate is to provide any assistance required by the local regulatory authority to deal with the matter (including copies of or access to all documents held by the delegate that relate to the matter); and

(c) the delegate otherwise ceases to have responsibility for the matter unless the local regulatory authority refers the matter back to the delegate under subsection (3).

(3) The local regulatory authority may refer a matter back to the delegate at any time to be dealt with and determined by the delegate, with any directions as to how the matter should be dealt with that the local regulatory authority thinks fit.

(4) This section does not limit any other power that a local regulatory authority has to take over or otherwise deal with a matter, whether under another law or the terms of a delegation or otherwise.