Division 4 Management of RailCorp

13, 14   (Repealed)

15   Chief Executive of RailCorp

The Director-General may, with the approval of the Minister, appoint a Chief Executive of RailCorp.

Note. Schedule 2 contains ancillary provisions relating to the Chief Executive of RailCorp.

16   Chief Executive Officer to manage RailCorp

(1)  The affairs of RailCorp are to be managed and controlled by the Chief Executive of RailCorp in accordance with any directions of TfNSW under section 3G.

(2)  Any act, matter or thing done in the name of, or on behalf of, RailCorp by the Chief Executive is taken to have been done by RailCorp.

17   (Repealed)

17A   RailCorp to supply information to Minister

RailCorp must:

(a)  supply the Minister or a person nominated by the Minister with any information relating to its activities that the Minister or person may require, and

(b)  keep the Minister informed of the general conduct of its activities, and of any significant development in its activities.

17B   Corporate plans

(1)  RailCorp must, at least 3 months before the beginning of each financial year of RailCorp, prepare and deliver to TfNSW a draft corporate plan for the financial year.

(2)  RailCorp must:

(a)  consider any comments on the draft corporate plan that were made by TfNSW within 2 months after the draft plan was delivered to TfNSW, and

(b)  deliver the completed corporate plan to TfNSW before the beginning of the financial year concerned.

(3)  During the preparation of a corporate plan after the commencement of this subsection, RailCorp is to make a draft plan available for public comment for at least 30 days and is to have regard to any submissions it receives about the draft plan within that period. The arrangements for obtaining or inspecting the draft plan and for making submissions are to be advertised in a daily newspaper circulating throughout the State.

(4)  RailCorp is to make the completed corporate plan available for public inspection. However, RailCorp is not required to include in any draft or completed plan made available for public comment or inspection information that is of a commercially sensitive nature or that it would otherwise not be required to disclose under the Government Information (Public Access) Act 2009.

(5)  RailCorp must, as far as practicable, exercise its functions in accordance with the relevant corporate plan.

(6)  A corporate plan is to specify:

(a)  the separate activities of RailCorp and, in particular, the separate commercial and non-commercial activities, and

(b)  the objectives of each such separate activity for the financial year concerned and for future financial years, and

(c)  the strategies, policies and budgets for achieving those objectives in relation to each such separate activity, and

(d)  the targets and criteria for assessing RailCorp’s performance.

(7)  This section is subject to any requirement made by or under this Act (including the requirements of any direction by the Minister or TfNSW under this Act).

17C–17E   (Repealed)

17F   Delegation of functions of RailCorp

(1)  RailCorp may delegate to an authorised person any of its functions, other than this power of delegation.

(2)  A delegate may sub-delegate to an authorised person any function delegated by RailCorp if the delegate is authorised in writing to do so by RailCorp.

(3)  In this section, authorised person means:

(a)  an officer of RailCorp, or

(b)  a person of a class prescribed by the regulations or approved by TfNSW.