Administrative Arrangements (Administrative Changes-Public Service Agencies) Order (No 2) 2015 (NSW)

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New South Wales

Administrative Arrangements

(Administrative Changes—Public Service

Agencies) Order (No 2) 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 27th day of May 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 9
8 Transfer of Office of Communities 9
9 Transfer of State Training Services 9
10 Change of name of Department of Education and Communities 9
11 Transfer of Women NSW 9
12 Change of name of Office of Finance and Services 10
13 Transfer of SHFA staff to Department of Finance, Services and
Innovation 10
14 Transfer of Professional Standards staff to Department of Finance,
Services and Innovation 10
15 Transfer of Building Professionals staff to Department of Finance,
Services and Innovation 10
16 Transfer of Mine Subsidence Compensation staff to Department of
Finance, Services and Innovation 10
17 Construction of references in Sydney Harbour Foreshore Authority
Act 1998 11
18 Construction of reference in Biofuels Act 2007 11
19 Effect of abolition of Public Service agency 11
20 Repeal of previous Order 11

Administrative Arrangements (Administrative Changes—Public

Service Agencies) Order (No 2) 2015

under the

Constitution Act 1902

1      Name of Order

This Order is the Administrative Arrangements (Administrative Changes—Public
Service Agencies) Order (No 2) 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 Education
Department of Family and Community Services
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 Department of Justice. The
Wales Trust Staff Agency of 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 Family and
Agency of Family and Community Community Services
Services
Independent Liquor and Chief Executive of the Department of Justice
Gaming Authority Staff Independent Liquor and
Agency Gaming Authority
Executive agency Head of agency Related Department
Infrastructure NSW Staff Chief Executive Officer and Department of Premier and
Agency Co-ordinator General, Cabinet. The Minister
Infrastructure NSW administering the
Infrastructure NSW Act 2011
is to exercise the employer
functions of the Government
in relation to the Chief
Executive Officer and
Co-ordinator General.
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 Family and

Agency

Multicultural NSW

Community Services. 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 Premier and
Commission Staff Agency Commission Cabinet
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
Executive agency Head of agency Related Department
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
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 Education Minister for Education
Minister for Early Childhood Education
Assistant Minister for Education
Minister for Aboriginal Affairs
Department of Family and Community Minister for Family and Community Services
Services Minister for Social Housing
Minister for Ageing
Minister for Disability Services
Minister for Multiculturalism
Department of Finance, Services and Minister for Finance, Services and Property
Innovation Minister for Innovation and Better Regulation
Department Minister
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 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
Minister for Trade, Tourism and Major Events
Minister for Veterans Affairs

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
Public Service agency Minister
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 Trade Development Branch is transferred from the Department of Trade and Investment, Regional Infrastructure and Services to the Department of Premier and Cabinet.

(3)  The following parts of the Department of Trade and Investment, Regional
Infrastructure and Services are transferred to the Department of Justice:

(a)

the Office of Liquor, Gaming and Racing (other than those employees referred to in subclause (5)),

(b)

those employees who are principally involved in providing support to the Office of Liquor, Gaming and Racing.

(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 persons employed in the Department of Trade and Investment, Regional Infrastructure and Services who are principally involved in the administration of the Charitable Fundraising Act 1991 are transferred to the Department of Finance, Services and Innovation.

(6)

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.

(7) The Department of Trade and Investment, Regional Infrastructure and Services is
abolished.

(8)

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.

(9) 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 Finance, Services and Innovation, or

(d)

if used in relation to a part of that Department referred to in subclause (6), 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)

a reference to the Ministry for Police and Emergency Services is to be construed as a reference to the Department of Justice, and

(b)

a reference to the Chief Executive of the Ministry for Police and Emergency Services is to be construed as a reference to the Secretary of 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      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 Family and Community Services.
(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 Family and Community Services. This subclause does not apply in relation to the Office of Aboriginal Affairs in the Office of Communities.

9      Transfer of State Training Services

(1) State Training Services is transferred from the Department of Education and
Communities to the Department of Industry, Skills and Regional Development.
(2) In any document, a reference to State Training Services in the Department of Education and Communities is to be construed as a reference to the Department of Industry, Skills and Regional Development.

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 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.

12      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.

13      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 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.

14      Transfer of Professional Standards staff to Department of Finance, Services and Innovation

(1) The persons employed in the Department of Justice who are principally involved in the administration of the Professional Standards Act 1994 are transferred to the Department of Finance, Services and Innovation.
(2) In any document, a reference to the Department of Justice 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.

15      Transfer of Building Professionals staff to Department of Finance, Services and Innovation

(1) The persons employed in the Department of Planning and Environment to enable the Building Professionals Board to exercise its functions or who are principally involved in the administration of the Building Professionals Act 2005 are transferred 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.

16      Transfer of Mine Subsidence Compensation staff to Department of Finance, Services and Innovation

(1)

The persons employed in the Department of Trade and Investment, Regional Infrastructure and Services who are principally involved in the administration of the Mine Subsidence Compensation Act 1961 are transferred to the Department of Finance, Services and Innovation.

(2)

In any document, a reference to the Department of Trade and Investment, Regional Infrastructure and Services 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.

17 Construction of references in Sydney Harbour Foreshore Authority Act 1998

A reference in section 29 of the Sydney Harbour Foreshore Authority Act 1998 to the Director-General of the Department of Urban Affairs and Planning (required by previous orders to be construed as a reference to the Secretary of the Department of Planning and Environment) is to be construed as a reference to the Secretary of the Department of Finance, Services and Innovation.

18 Construction of reference in Biofuels Act 2007

The reference to the Department of Trade and Investment, Regional Infrastructure and Services in the definition of Department in section 3 (1) of the Biofuels Act 2007 is to be construed as a reference to the Department of Finance, Services and Innovation.

19      Effect of abolition of Public Service agency

If a Public Service agency is abolished by this Order, the Public Service agency to which all parts of the abolished agency (or all parts other than specified parts) are transferred is, for all purposes, the successor and a continuation of the abolished agency.

20      Repeal of previous Order

The Administrative Arrangements (Administrative Changes—Public Service Agencies) Order 2015 (published on the NSW legislation website on 2 April 2015) is repealed.

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