28Heads of agencies other than Departments

#### 28 Heads of agencies other than Departments 28 Heads of agencies other than Departments > > (1) The head of a Public Service agency (other than a Department) is the holder of the office specified in Part 2 or 3 of Schedule 1 in relation to the agency concerned. > > > (2) The Secretary of a Department may be specified as the head of any other Public Service agency and the same person may be specified as the head of more than one agency. > > > (3) An administrative arrangements order under Part 7 of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) may amend Schedule 1 to specify or change the head of a Public Service agency (other than a Department). > > > (4) The office of head of a Public Service agency (other than a Department) is established by this section, unless it is a statutory office created by another provision of this Act or by any other Act. > > > > Note. > > > > The statutory offices established by another provision of this Act or by any other Act are identified in Part 2 or 3 of Schedule 1. Accordingly, the following provisions of this section do not apply to any such head of an agency. > > > (5) If the description of an office established by this section is omitted or changed by an amendment of Schedule 1, the office is taken to be abolished or its name correspondingly changed by the operation of this section. > > > (6) Appointments to an office of head established by this section are, subject to subsection (6A), to be made— > > > > > (a) in the case of a Public Service executive agency related to a Department—by the Secretary of the Department, or > > > > > (b) in the case of a separate Public Service agency—by the Minister. > > > (6A) If Schedule 1 provides that some other person exercises the employer functions of the Government of New South Wales in relation to the head— > > > > > (a) appointments to the office of the head are to be made by that other person, and > > > > > (b) that other person may delegate to an authorised person any of those employer functions (other than the power to appoint a person to the office of head of the agency concerned or to terminate the office holder’s employment). > > > > For the purposes of this subsection, authorised person means the holder of a statutory office, a person employed in the government sector or a person authorised by the regulations. > > > (7) The appointment of a person to an office of head established by this section is to be made by a contract of employment (under Division 4) between that person and the person who makes the appointment. The person so appointed is a Public Service employee who is employed in the Public Service agency concerned. > > **s 28:** Am 2016 No 2, Sch 1 \[9\].