Delegation by heads of Public Service agencies (other than Departments)
32 Delegation by heads of Public Service agencies (other than Departments)
The head of a Public Service agency (other than a Department) may delegate to any employee of the agency or of any other Public Service agency or to a statutory officer—
any of the functions of the head under this Act (other than this power of delegation), and
any employer functions under any other Act or law that the head exercises on behalf of the Government of New South Wales in relation to Public Service employees.
If—
a function of the head of an agency is delegated to an employee or officer in accordance with subsection (1), and
the instrument of delegation authorises the sub-delegation of the function,
then, subject to any conditions to which the delegation is subject, the employee or officer may sub-delegate the function to another employee of the agency or of any other Public Service agency or to a statutory officer.
For the purposes of this section, the functions of the head of an agency include any functions delegated to the head of the agency under this Act.
The government sector employment rules may limit a power of delegation or sub-delegation under this section.
This Act’s bill:Explanatory memorandumSecond reading speech
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