HEALTH SERVICES ACT 1997 - SECT 40 Delegations by local health district
HEALTH SERVICES ACT 1997 - SECT 40
Delegations by local health district40 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.