7Delegation of customer service functions to Secretary under other Acts or instruments

7 Delegation of customer service functions to Secretary under other Acts or instruments

7 Delegation of customer service functions to Secretary under other Acts or instruments

(1) A Government agency or any other person may, under a provision of an Act or an instrument that permits the delegation of a customer service function by the agency or person (a delegation provision), delegate the customer service function to the Secretary.

(1A) To remove any doubt, subsection (1) applies to the delegation by a Minister of any of the Minister’s delegable functions under section 9.7(1)(b) or (d) of the Government Sector Finance Act 2018 that are customer service functions.

(2) A delegation provision of any such Act or instrument extends to the Secretary as if the Secretary were a person to whom functions could be delegated under that provision.

(3) A delegation provision under which a customer service function is delegated to the Secretary extends so as to authorise the Secretary to sub-delegate the function under that provision to any of the following persons—

(a) a member of staff of Service NSW,

(b) a person, or a member of a class of persons, prescribed by the regulations.

(4) Subsection (3) and any sub-delegation by the Secretary under a delegation provision are subject to the terms of the delegation to the Secretary, including any restriction on sub-delegation in those terms.

(5) A customer service function of a council, a county council or a joint organisation within the meaning of the Local Government Act 1993 must not be delegated to the Secretary by the council, county council or joint organisation or any other person unless the council, county council or joint organisation, by a resolution of the council, county council or joint organisation, approved the delegation before it was made.

s 7: Am 2017 No 65, Sch 2.30 [2] [3]; 2020 No 3, Sch 2[6]; 2026 No 2, Sch 1.4[2].