New South Wales Consolidated Acts

OMBUDSMAN ACT 1974 - SECT 10

10 Delegation

(1) Subject to subsection (2), the Ombudsman may delegate to a special officer of the Ombudsman the exercise of any functions of the Ombudsman, including any function which the Ombudsman may exercise pursuant to section 10B.

(2) The Ombudsman may not delegate the exercise of:

(a) any function to make any report under this Act, except in accordance with subsection (2A),

(b) any function conferred by section 9, 10A or 21C, or the power to accept or to refuse to accept a delegation to which section 10B applies or the power to exercise or to refuse to exercise a function conferred on the Ombudsman as referred to in that section,

(b1) any function conferred by section 19 (2), other than to an Assistant Ombudsman, or

(c) the function conferred by subsection (1).

(2A) The Ombudsman may delegate the exercise of the function to make a report:

(a) under section 26 or 29, to an Assistant Ombudsman, and

(b) under section 28 or 29 (1) (a) or (2) (a), to a special officer of the Ombudsman.

(3) A delegation under this section may be made subject to conditions or limitations as to the exercise of any of the functions delegated, or as to time or circumstances.

(4) A delegation under this section must be made by instrument in writing.

(5) An instrument of delegation must specify:

(a) the functions the exercise of which is delegated, and

(b) any conditions or limitations on the delegation.

(6) The Ombudsman may revoke a delegation under this section at any time, whether made by the Ombudsman or not.

(7) A delegation under this section is not revoked by the happening of a vacancy in the office of Ombudsman or by an absence or disability of the Ombudsman, except to the extent that the instrument of delegation so provides.

(8) During a vacancy in the office of Ombudsman, if there is no acting Ombudsman, the Minister may revoke a delegation under this section.

(9) Notwithstanding any delegation made under this section, the Ombudsman may continue to exercise all or any of the functions delegated.