Administrative Arrangements (Administrative Changes-Public Service Agencies) Order 2015 (NSW)

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New South Wales

Administrative Arrangements

(Administrative Changes—Public Service

Agencies) Order 2015

under the

Constitution Act 1902

DAVID HURLEY, Governor

I, General The Honourable David Hurley AC DSC (Ret’d), Governor of New South Wales, with the advice of the Executive Council, and in pursuance of Part 7 of the Constitution Act 1902 and provisions of the Government Sector Employment Act 2013 authorising the making of orders under that Part, make the following Order.

Dated, this 2nd day of April 2015.

By His Excellency’s Command,

MIKE BAIRD, MP
Premier
Contents

Page

1 Name of Order 3
2 Commencement 3
3 Definitions 3
4 Amendment of Schedule 1 to GSE Act (Public Service agencies) 3
5 Ministers to whom Public Service agencies responsible 6
6 Establishment of new Department and abolition of Department of
Trade and Investment, Regional Infrastructure and Services 8
7 Abolition of Ministry for Police and Emergency Services 8
8 Change of name of Department of Family and Community Services 9
9 Transfer of Office of Communities 9
10 Change of name of Department of Education and Communities 9
11 Transfer of Office of Veteran’s Affairs 9
12 Transfer of Women NSW 9
13 Change of name of Office of Finance and Services 9
14 Transfer of SHFA staff to Department of Finance, Services and
Innovation 10

Administrative Arrangements (Administrative Changes—Public

Service Agencies) Order 2015

under the

Constitution Act 1902

1 Name of Order
This Order is the Administrative Arrangements (Administrative Changes—Public
Service Agencies) Order 2015.

2 Commencement
This Order commences on 1 July 2015 and is required to be published on the NSW legislation website.

3 Definitions
In this Order:
document means any Act or statutory or other instrument, or any contract or
agreement.
GSE Act means the Government Sector Employment Act 2013.
reference to a Minister, Public Service agency or Public Service employee includes
a reference that (by or under any Act) is to be construed or treated as a reference to
that Minister, agency or employee.

4 Amendment of Schedule 1 to GSE Act (Public Service agencies)
Omit Parts 1 and 2. Insert instead:

Part 1 Departments
Department of Communities
Department of Education
Department of Finance, Services and Innovation
Ministry of Health
Department of Industry, Skills and Regional Development
Department of Justice
Department of Planning and Environment
Department of Premier and Cabinet
Department of Transport
The Treasury

Part 2 Executive agencies related to Departments
The agency heads marked with an asterisk are statutory officers and do not hold offices established by this Act in the Public Service.

Executive agency Head of agency Related Department
Art Gallery of New South Director of the Art Gallery of Department of Justice. The
Wales Trust Staff Agency New South Wales Minister administering the Art
Gallery of New South Wales
Act 1980 is to exercise the
employer functions of the
Government in relation to the
Director.
Australian Museum Trust Director of the Australian Department of Justice. The
Staff Agency Museum Minister administering the
Australian Museum Trust Act
1975 is to exercise the
employer functions of the
Government in relation to the
Director.
Barangaroo Delivery Chief Executive Officer of Department of Premier and
Authority Staff Agency the Barangaroo Delivery Cabinet
Authority
Crown Solicitor’s Office Crown Solicitor Department of Justice
Destination NSW Staff Chief Executive Officer of Department of Premier and
Agency Destination NSW Cabinet. The Minister
administering the Destination
NSW Act 2011 is to exercise
the employer functions of the
Government in relation to the
Chief Executive Officer.
Office of Environment and Chief Executive of the Department of Planning and
Heritage Office Environment
Fire and Rescue NSW Commissioner of Fire and Department of Justice. The
Rescue NSW Minister administering the
Fire Brigades Act 1989 is to
exercise the employer
functions of the Government in
relation to the Commissioner.
Health Professional Secretary of the Ministry of Ministry of Health
Councils Authority Office Health
Home Care Service Staff Secretary of the Department Department of Communities
Agency of Communities
Independent Liquor and Chief Executive of the Department of Justice
Gaming Authority Staff Independent Liquor and
Agency Gaming Authority
Infrastructure NSW Staff Chief Executive Officer and Department of Transport. The
Agency Co-ordinator General, Minister administering the
Infrastructure NSW Infrastructure NSW Act 2011 is
to exercise the employer
functions of the Government in
relation to the Chief Executive
Officer and Co-ordinator
General.
Executive agency Head of agency Related Department
Institute of Sport Staff Chief Executive of the Department of Premier and
Agency Office of Sport Cabinet
Library Council of New State Librarian Department of Justice. The
South Wales Staff Agency Minister administering the
Library Act 1939 is to exercise
the employer functions of the
Government in relation to the
State Librarian.

Office of Local Government Chief Executive of the Department of Planning and

Office Environment

Local Land Services Staff Chair of the Board of Chairs Department of Industry, Skills
Agency under the Local Land and Regional Development
Services Act 2013
Mental Health Commission Secretary of the Ministry of Ministry of Health
Staff Agency Health
Multicultural NSW Staff Chief Executive Officer of Department of Communities.

Agency

Multicultural NSW

The Minister administering the Multicultural NSW Act 2000 is to exercise the employer

functions of the Government in relation to the Chief Executive Officer.
Natural Resources *Commissioner for the Department of Planning and
Commission Staff Agency Commission Environment
NSW Institute of Psychiatry Secretary of the Ministry of Ministry of Health
Staff Agency Health
Office of the NSW Rural Commissioner of the NSW Department of Justice. The

Fire Service

Rural Fire Service

Minister administering the Rural Fires Act 1997 is to exercise the employer

functions of the Government in relation to the Commissioner.
Office of the NSW State Commissioner of the NSW Department of Justice. The
Emergency Service State Emergency Service Minister administering the
State Emergency Service Act
1989 is to exercise the
employer functions of the
Government in relation to the
Commissioner.
Parliamentary Counsel’s Parliamentary Counsel Department of Premier and
Office Cabinet
Service NSW Chief Executive Officer of Department of Finance,
Service NSW Services and Innovation
Office of Sport Chief Executive of the Department of Premier and
Office Cabinet
Sydney Cricket and Sports Secretary of the Sydney Department of Premier and
Ground Trust Staff Agency Cricket and Sports Ground Cabinet
Trust
Executive agency Head of agency Related Department
Sydney Opera House Trust Chief Executive of the Department of Justice. The
Staff Agency Sydney Opera House Trust Minister administering the
Sydney Opera House Trust Act
1961 is to exercise the
employer functions of the
Government in relation to the
Chief Executive.
Trustees of the Museum of Director of the Museum of Department of Justice. The
Applied Arts and Sciences Applied Arts and Sciences Minister administering the
Staff Agency Museum of Applied Arts and
Sciences Act 1945 is to
exercise the employer
functions of the Government in
relation to the Director.
UrbanGrowth NSW Chief Executive of the Department of Planning and
Development Corporation UrbanGrowth NSW Environment. The Minister
Staff Agency Development Corporation administering the Growth
Centres (Development
Corporations) Act 1974 is to
exercise the employer
functions of the Government in
relation to the Chief Executive.

5 Ministers to whom Public Service agencies responsible

(1) Each of the following Departments of the Public Service is responsible to the
Minister or Ministers specified in relation to that Department:

Department Minister
Department of Communities Minister for Family and Community Services
Minister for Social Housing
Minister for Ageing
Minister for Disability Services
Minister for Multiculturalism
Department of Education Minister for Education
Minister for Early Childhood Education
Assistant Minister for Education
Minister for Aboriginal Affairs
Department of Finance, Services and Minister for Finance, Services and Property
Innovation Minister for Innovation and Better Regulation
Ministry of Health Minister for Health
Minister for Mental Health
Minister for Medical Research
Assistant Minister for Health
Minister for Women
Minister for Prevention of Domestic Violence
and Sexual Assault
Department Minister
Department of Industry, Skills and Minister for Industry, Resources and Energy
Regional Development Minister for Regional Development
Minister for Primary Industries
Minister for Lands and Water
Minister for Skills
Minister for Small Business
Department of Justice Minister for Justice and Police
Attorney General
Minister for Corrections
Minister for Emergency Services
Minister for the Arts
Minister for Racing
Minister for Veterans Affairs
Department of Planning and Minister for Planning
Environment Assistant Minister for Planning
Department of Premier and Cabinet Premier

Department of Transport

Minister for Transport and Infrastructure Minister for Roads, Maritime and Freight
The Treasury Treasurer
Minister for Industrial Relations

(2) Each of the following Public Service agencies is responsible to the Minister or
Ministers specified in relation to that agency:

Public Service agency Minister
Crown Solicitor’s Office Attorney General
Office of Environment and Heritage Minister for the Environment
Minister for Heritage
Fire and Rescue NSW Minister for Emergency Services
Office of Local Government Minister for Local Government

Office of the NSW Rural Fire Service Minister for Emergency Services Office of the NSW State Emergency Service Minister for Emergency Services

Parliamentary Counsel’s Office Premier
Service NSW Minister for Finance, Services and Property
Office of Sport Minister for Sport

(3)

In the case of a Public Service agency (other than an agency referred to in subclause (1) or (2)) comprising Public Service employees who are employed to enable a statutory body or statutory officer to exercise functions, the Minister to whom the agency is responsible is the Minister administering the Act under which the statutory body is constituted or the statutory officer is appointed (as the case requires).
6 Establishment of new Department and abolition of Department of Trade and Investment, Regional Infrastructure and Services

(1) The Department of Industry, Skills and Regional Development is established.

(2)

The following parts of the Department of Trade and Investment, Regional Infrastructure and Services are transferred to the Department of Premier and Cabinet:

(a) the Investment Attraction and Development Branch,

(b)

employees principally involved in the administration of legislation allocated to the Minister for Trade or the Minister for Tourism and Major Events.

(3) The Office of Liquor, Gaming and Racing is transferred from the Department of Trade and Investment, Regional Infrastructure and Services to the Department of Justice.
(4) The persons employed in the Department of Trade and Investment, Regional Infrastructure and Services who are principally involved in the administration of legislation allocated to the Minister for the Arts are transferred to the Department of Justice.
(5) The remaining parts of the Department of Trade and Investment, Regional Infrastructure and Services are transferred to the Department of Industry, Skills and Regional Development.
(6) The Department of Trade and Investment, Regional Infrastructure and Services is
abolished.
(7) The person holding the office of Secretary of the Department of Trade and Investment, Regional Infrastructure and Services when that office is abolished by the operation of section 23 (3) of the GSE Act continues to be employed (subject to the GSE Act) in the Public Service as a Public Service senior executive but does not become the Secretary of the Department of Industry, Skills and Regional Development by the operation of this clause. The employer of that person under the GSE Act while continuing to be so employed is the Secretary of the Department of Premier and Cabinet.
(8) In any document, a reference to the Department of Trade and Investment, Regional
Infrastructure and Services is:

(a) if used in relation to a part of that Department referred to in subclause (2), to be construed as a reference to the Department of Premier and Cabinet, or
(b) if used in relation to a part of that Department referred to in subclause (3) or (4), to be construed as a reference to the Department of Justice, or
(c) if used in relation to a part of that Department referred to in subclause (5), to be construed as a reference to the Department of Industry, Skills and Regional Development.
7      Abolition of Ministry for Police and Emergency Services

(1) The persons employed in the Ministry for Police and Emergency Services are
transferred to the Department of Justice.
(2) The Ministry for Police and Emergency Services is abolished.
(3) In any document, a reference to the Ministry for Police and Emergency Services is
to be construed as a reference to the Department of Justice.

(4)

The person holding the office of Chief Executive of the Ministry for Police and Emergency Services when that office is abolished by the operation of section 28 (5) of the GSE Act continues to be employed (subject to the GSE Act) in the Department of Justice as a Public Service senior executive but does not become the Secretary of the Department of Justice by the operation of this clause.
8      Change of name of Department of Family and Community Services

(1) The name of the Department of Family and Community Services is changed to the
Department of Communities.
(2) In any document, a reference to the Department of Family and Community Services
is to be construed as a reference to the Department of Communities.
9      Transfer of Office of Communities

(1) The Office of Communities (except the Office of Aboriginal Affairs) is transferred from the Department of Education and Communities to the Department of Communities.
(2) In any document, a reference to the Office of Communities in the Department of Education and Communities is to be construed as a reference to the Department of Communities. This subclause does not apply in relation to the Office of Aboriginal Affairs in the Office of Communities.
10      Change of name of Department of Education and Communities

(1) The name of the Department of Education and Communities is changed to the
Department of Education.
(2) In any document, a reference to the Department of Education and Communities is to
be construed as a reference to the Department of Education.
11      Transfer of Office of Veteran’s Affairs

(1) The Office of Veteran’s Affairs is transferred from the Department of Premier and
Cabinet to the Department of Justice.
(2) In any document, a reference to the Office of Veteran’s Affairs in the Department of
Premier and Cabinet is to be construed as a reference to the Department of Justice.
12      Transfer of Women NSW

(1) Women NSW is transferred from the Department of Family and Community
Services to the Ministry of Health.
(2) In any document, a reference to Women NSW in the Department of Family and
Community Services is to be construed as a reference to the Ministry of Health.
13      Change of name of Office of Finance and Services

(1) The name of Office of Finance and Services is changed to the Department of Finance,
Services and Innovation.
(2) In any document:

(a)

a reference to the Office of Finance and Services is to be construed as a reference to the Department of Finance, Services and Innovation, and

(b)

a reference to the Chief Executive of the Office of Finance and Services is to be construed as a reference to the Secretary of the Department of Finance, Services and Innovation.

(3)

The person holding the office of Chief Executive of the Office of Finance and Services immediately before the commencement of this clause is, on that commencement, taken to be appointed as the Secretary of the Department of Finance, Services and Innovation and to hold office subject to the GSE Act.
14 Transfer of SHFA staff to Department of Finance, Services and Innovation

(1) The persons employed in the Department of Planning and Environment to enable the Sydney Harbour Foreshore Authority to exercise its functions are transferred from that Department to the Department of Finance, Services and Innovation.
(2) In any document, a reference to the Department of Planning and Environment is, if used in relation to a part of that Department referred to in subclause (1), to be construed as a reference to the Department of Finance, Services and Innovation.

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Administrative Arrangements (Administrative Changes-Public Service Agencies) Order 2015 (NSW)

Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

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1	Name of Order	3
2	Commencement	3
3	Definitions	3
4	Amendment of Schedule 1 to GSE Act (Public Service agencies)	3
5	Ministers to whom Public Service agencies responsible	6
6	Establishment of new Department and abolition of Department of
Trade and Investment, Regional Infrastructure and Services	8
7	Abolition of Ministry for Police and Emergency Services	8
8	Change of name of Department of Family and Community Services	9
9	Transfer of Office of Communities	9
10	Change of name of Department of Education and Communities	9
11	Transfer of Office of Veteran’s Affairs	9
12	Transfer of Women NSW	9
13	Change of name of Office of Finance and Services	9
14	Transfer of SHFA staff to Department of Finance, Services and
Innovation	10

Executive agency	Head of agency	Related Department
Art Gallery of New South	Director of the Art Gallery of	Department of Justice. The
Wales Trust Staff Agency	New South Wales	Minister administering the Art Gallery of New South Wales Act 1980 is to exercise the employer functions of the Government in relation to the Director.
Australian Museum Trust	Director of the Australian	Department of Justice. The
Staff Agency	Museum	Minister administering the Australian Museum Trust Act 1975 is to exercise the employer functions of the Government in relation to the Director.
Barangaroo Delivery	Chief Executive Officer of	Department of Premier and
Authority Staff Agency	the Barangaroo Delivery	Cabinet
Authority
Crown Solicitor’s Office	Crown Solicitor	Department of Justice
Destination NSW Staff	Chief Executive Officer of	Department of Premier and
Agency	Destination NSW	Cabinet. The Minister administering the Destination NSW Act 2011 is to exercise the employer functions of the Government in relation to the Chief Executive Officer.
Office of Environment and	Chief Executive of the	Department of Planning and
Heritage	Office	Environment
Fire and Rescue NSW	Commissioner of Fire and	Department of Justice. The
Rescue NSW	Minister administering the Fire Brigades Act 1989 is to exercise the employer functions of the Government in relation to the Commissioner.
Health Professional	Secretary of the Ministry of	Ministry of Health
Councils Authority Office	Health
Home Care Service Staff	Secretary of the Department	Department of Communities
Agency	of Communities
Independent Liquor and	Chief Executive of the	Department of Justice
Gaming Authority Staff	Independent Liquor and
Agency	Gaming Authority
Infrastructure NSW Staff	Chief Executive Officer and	Department of Transport. The
Agency	Co-ordinator General,	Minister administering the
Infrastructure NSW	Infrastructure NSW Act 2011 is to exercise the employer functions of the Government in relation to the Chief Executive Officer and Co-ordinator General.
Executive agency	Head of agency	Related Department
Institute of Sport Staff	Chief Executive of the	Department of Premier and
Agency	Office of Sport	Cabinet
Library Council of New	State Librarian	Department of Justice. The
South Wales Staff Agency	Minister administering the Library Act 1939 is to exercise the employer functions of the Government in relation to the State Librarian.

Local Land Services Staff	Chair of the Board of Chairs	Department of Industry, Skills
Agency	under the Local Land	and Regional Development
Services Act 2013
Mental Health Commission	Secretary of the Ministry of	Ministry of Health
Staff Agency	Health
Multicultural NSW Staff	Chief Executive Officer of	Department of Communities.
Agency	Multicultural NSW	The Minister administering the Multicultural NSW Act 2000 is to exercise the employer
functions of the Government in relation to the Chief Executive Officer.
Natural Resources	*Commissioner for the	Department of Planning and
Commission Staff Agency	Commission	Environment
NSW Institute of Psychiatry	Secretary of the Ministry of	Ministry of Health
Staff Agency	Health
Office of the NSW Rural	Commissioner of the NSW	Department of Justice. The
Fire Service	Rural Fire Service	Minister administering the Rural Fires Act 1997 is to exercise the employer
functions of the Government in relation to the Commissioner.
Office of the NSW State	Commissioner of the NSW	Department of Justice. The
Emergency Service	State Emergency Service	Minister administering the State Emergency Service Act 1989 is to exercise the employer functions of the Government in relation to the Commissioner.
Parliamentary Counsel’s	Parliamentary Counsel	Department of Premier and
Office	Cabinet
Service NSW	Chief Executive Officer of	Department of Finance,
Service NSW	Services and Innovation
Office of Sport	Chief Executive of the	Department of Premier and
Office	Cabinet
Sydney Cricket and Sports	Secretary of the Sydney	Department of Premier and
Ground Trust Staff Agency	Cricket and Sports Ground	Cabinet
Trust
Executive agency	Head of agency	Related Department
Sydney Opera House Trust	Chief Executive of the	Department of Justice. The
Staff Agency	Sydney Opera House Trust	Minister administering the Sydney Opera House Trust Act 1961 is to exercise the employer functions of the Government in relation to the Chief Executive.
Trustees of the Museum of	Director of the Museum of	Department of Justice. The
Applied Arts and Sciences	Applied Arts and Sciences	Minister administering the
Staff Agency	Museum of Applied Arts and Sciences Act 1945 is to exercise the employer functions of the Government in relation to the Director.
UrbanGrowth NSW	Chief Executive of the	Department of Planning and
Development Corporation	UrbanGrowth NSW	Environment. The Minister
Staff Agency	Development Corporation	administering the Growth Centres (Development Corporations) Act 1974 is to exercise the employer functions of the Government in relation to the Chief Executive.

Department	Minister
Department of Communities	Minister for Family and Community Services Minister for Social Housing Minister for Ageing Minister for Disability Services Minister for Multiculturalism
Department of Education	Minister for Education Minister for Early Childhood Education Assistant Minister for Education Minister for Aboriginal Affairs
Department of Finance, Services and	Minister for Finance, Services and Property
Innovation	Minister for Innovation and Better Regulation
Ministry of Health	Minister for Health Minister for Mental Health Minister for Medical Research Assistant Minister for Health Minister for Women Minister for Prevention of Domestic Violence and Sexual Assault
Department	Minister
Department of Industry, Skills and	Minister for Industry, Resources and Energy
Regional Development	Minister for Regional Development Minister for Primary Industries Minister for Lands and Water Minister for Skills Minister for Small Business
Department of Justice	Minister for Justice and Police Attorney General Minister for Corrections Minister for Emergency Services Minister for the Arts Minister for Racing Minister for Veterans Affairs
Department of Planning and	Minister for Planning
Environment	Assistant Minister for Planning
Department of Premier and Cabinet	Premier
Department of Transport	Minister for Transport and Infrastructure Minister for Roads, Maritime and Freight
The Treasury	Treasurer Minister for Industrial Relations

(a)	the Investment Attraction and Development Branch,
(b)	employees principally involved in the administration of legislation allocated to the Minister for Trade or the Minister for Tourism and Major Events.

(a)	a reference to the Office of Finance and Services is to be construed as a reference to the Department of Finance, Services and Innovation, and
(b)	a reference to the Chief Executive of the Office of Finance and Services is to be construed as a reference to the Secretary of the Department of Finance, Services and Innovation.