New South Wales Consolidated Acts

NATIONAL DISABILITY INSURANCE SCHEME (NSW ENABLING) ACT 2013 - SECT 11

11 Direction and control of disability services agencies and implementation companies

(1) Each disability services agency and implementation company is subject to the direction and control of the Minister in the exercise of any of its functions for the purposes of the authorised implementation while it is a public sector agency of the State.

(2) The Minister may give directions for the purposes of the authorised implementation to a disability services agency and implementation company, and to the directors and other officers of a disability services agency and implementation company. Any such directions must be complied with by the disability services agency, the implementation company or the directors or other officers concerned.

(3) Directions to an implementation company (or its directors and other officers) can only be given and are only required to be complied with while the implementation company is a public sector agency of the State.

(4) The power to give directions under this section extends to directions with respect to the way in which a disability services agency or implementation company is to conduct its business and other affairs.

(5) Anything done or omitted to be done by a director or other officer of an implementation company in complying with a direction given by the Minister under this Act does not subject the director or officer personally to any action, liability, claim or demand.

(6) The provisions of this section are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the provisions of the Corporations legislation generally.