NSWIn ForceAct
Health Services Act 1997
40Delegations by local health district
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#### 40 Delegations by local health district
40 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—
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> > > (a) any member of the NSW Health Service, or
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> > > (b) a visiting practitioner, council or committee appointed by the local health district, or
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> > > (c) a body appointed by the Minister or Health Secretary under this or any other Act, or
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> > > (d) a person or body of a class prescribed by the regulations.
> >
> > Note.
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> > Section 49 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains general provisions relating to the delegation of functions.
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> > (1A) A local health district cannot delegate—
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> > > (a) its power of delegation under this section, or
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> > > (b) its functions under section 31(2), or
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> > > (c) the power to make by-laws.
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> > (2) The Health Secretary may give any direction to a local health district concerning delegations under this section that the Health Secretary thinks fit.
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> > (3) Nothing in this section authorises a local health district to delegate the whole of its functions to another person.
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> > (4) (Repealed)
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> **s 40:** Am 2004 No 92, Schs 1 \[9\], 2 \[7\]; 2006 No 2, Sch 2 \[11\] \[12\]; 2010 No 52, Sch 3.4 \[1\].