Administrative Arrangements Order 2014 (NSW)
New South Wales
Administrative Arrangements Order 2014
under the
Constitution Act 1902
MARIE BASHIR, Governor I, Professor The Honourable Marie Bashir AC, CVO, Governor of the State 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 29th day of January 2014.
By Her Excellency’s Command,
BARRY O’FARRELL, MP
Premier
Contents
Page
1 Name of Order 3 2 Commencement 3 3 Definitions 3 4 Substitution of Schedule 1 to GSE Act 3 5 Establishment of Public Service agencies 7 6 Ministers to whom Public Service agencies responsible 7 7 Abolition of principal Departments under former Act and transfer of staff to corresponding Departments 9 8 Abolition of other Government Service Divisions and transfer of staff to corresponding or other Public Service agencies 9 9 Transfer of parts of principal Departments under former Act to new Public Service agencies 12 10 Construction of references to Chief Executive Officer of Safety, Return to Work
and Support 14 11
Savings, transitional and other provisions 14
Administrative Arrangements Order 2014
under the
Constitution Act 1902
1 Name of Order
This Order is the Administrative Arrangements Order 2014.
2 Commencement
This Order commences on 24 February 2014 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.
former Act means the Public Sector Employment and Management Act 2002.
GSE Act means the Government Sector Employment Act 2013.
4 Substitution of Schedule 1 to GSE Act
Omit Schedule 1 to the GSE Act. Insert instead:
Schedule 1 Public Service agencies
(Section 22)
Note. Constitution Act 1902
Section 47A of the precludes a statutory body or statutory officer agency to enable a statutory body or statutory officer to exercise functions may be referred to as the officers or employees, or members of staff, of the statutory body or statutory officer.
from employing staff unless specifically authorised to do so by legislation.
Section 21 of this Act enables staff to be employed under this Act in Departments or other
Public Service agencies to enable Ministers, statutory bodies or statutory officers to exercise
their functions. For example, the Public Service agencies referred to in this Schedule as staff
agencies comprise persons who are employed under this Act to enable the statutory body
included in the name of the agency to exercise its functions.
Part 1 Departments Department of Attorney General and Justice Department of Education and Communities Department of Family and Community Services
Department of Finance and Services
Ministry of Health
Department of Premier and Cabinet
Department of Trade and Investment, Regional Infrastructure and Services
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 Department of Trade and Wales Trust Staff Agency Gallery of New South Investment, Regional Wales Infrastructure and Services. The
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 Trade and Staff Agency Museum Investment, Regional
Infrastructure and Services. The
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 Department of Premier and Authority Staff Agency of the Barangaroo Cabinet Delivery Authority Community Relations Chief Executive Officer Department of Education and Commission Staff Agency of the Agency Communities. The Minister
administering the Community
Relations Commission and
Principles of Multiculturalism Act
2000 is to exercise the employer
functions of the Government in
relation to the Chief Executive
Officer.Crown Solicitor’s Office Crown Solicitor Department of Attorney General
and JusticeDestination NSW Staff Chief Executive Officer Department of Trade and Agency of Destination NSW Investment, Regional
Infrastructure and Services. 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 Premier and Heritage Office Cabinet Fire and Rescue NSW Commissioner of Fire Department of Attorney General and Rescue NSW and Justice. The Minister
administering the Fire Brigades
Act 1989 is to exercise the
employer functions of the
Government in relation to the
Commissioner.Executive agency Head of agency Related Department Health Professional Secretary of the Ministry Ministry of Health Councils Authority Office of Health Home Care Service Staff Secretary of the Department of Family and Agency Department of Family Community Services and Community Services Independent Liquor and Chief Executive of the Department of Trade and Gaming Authority Staff Independent Liquor and Investment, Regional Agency Gaming Authority Infrastructure and Services Infrastructure NSW Staff Chief Executive Officer Department of Premier and Agency and Co-ordinator Cabinet. The Minister General, Infrastructure administering the Infrastructure NSW 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 Secretary of the Department of Education and Agency Department of Education Communities and Communities Library Council of New State Librarian Department of Trade and South Wales Staff Agency Investment, Regional
Infrastructure and Services. The
Minister administering the Library
Act 1939 is to exercise the
employer functions of the
Government in relation to the State
Librarian.Office of Local Chief Executive of the Department of Premier and Government Office Cabinet Local Land Services Staff Chair of the Board of Department of Trade and Agency Chairs under the Local Investment, Regional Land Services Act 2013 Infrastructure and Services Mental Health Secretary of the Ministry Ministry of Health Commission Staff Agency of Health Natural Resources *Commissioner for the Department of Premier and Commission Staff Agency Commission Cabinet NSW Institute of Secretary of the Ministry Ministry of Health Psychiatry Staff Agency of Health Office of the NSW Rural Commissioner of the Department of Attorney General Fire Service NSW Rural Fire Service and Justice. The Minister
administering the Rural Fires Act
1997 is to exercise the employer
functions of the Government in
relation to the Commissioner.NSW State Emergency Commissioner of the Department of Attorney General Service NSW State Emergency and Justice. The Minister Service
administering the State Emergency Service Act 1989 is to exercise the employer functions of the
Government in relation to the
Commissioner.Executive agency Head of agency Related Department Parliamentary Counsel’s Parliamentary Counsel Department of Premier and Office Cabinet
Planning and Infrastructure Director-General of Department of Premier and
Planning and Cabinet. The Minister Infrastructure administering this Act is to
exercise the employer functions of
the Government in relation to the
Director-General.
Ministry for Police and Chief Executive of the Department of Attorney General Emergency Services Ministry and Justice. The Minister
administering this Act is to
exercise the employer functions of
the Government in relation to the
Chief Executive.Service NSW Chief Executive Officer Department of Premier and of Service NSW Cabinet Sydney Cricket and Sports Secretary of the Sydney Department of Education and Ground Trust Staff Agency Cricket and Sports Communities Ground Trust Sydney Opera House Trust Chief Executive of the Department of Trade and Staff Agency Sydney Opera House Investment, Regional Trust Infrastructure and Services. The
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 Department of Trade and Applied Arts and Sciences of Applied Arts and Investment, Regional Staff Agency Sciences Infrastructure and Services. The
Minister administering the
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 Premier and Development Corporation UrbanGrowth NSW Cabinet. The Minister Staff Agency Development administering the Growth Centres Corporation
(Development Corporations) Act 1974 is to exercise the employer functions of the Government in relation to the Chief Executive.
Part 3 Separate agencies The agency heads marked with an asterisk are statutory officers and do not hold offices established by this Act in the Public Service.
Agency Head of agency Board of Studies, Teaching and Educational Chief Executive of the Agency. The Standards Staff Agency Minister administering the Board of Studies,
Teaching and Educational Standards Act
2013 is to exercise the employer functions
of the Government in relation to the Chief
Executive.Office of the Children’s Guardian *Children’s Guardian Office of the Director of Public Prosecutions *Director of Public Prosecutions Environment Protection Authority Staff *Chairperson of the Environment Protection Agency Authority Heath Care Complaints Commission Staff *Commissioner of the Health Care Agency Complaints Commission Independent Pricing and Regulatory *Chairperson of the Independent Pricing Tribunal Staff Agency and Regulatory Tribunal Independent Transport Safety Regulator *Chief Executive of the Independent Staff Agency Transport Safety Regulator Information and Privacy Commission *Information Commissioner Legal Aid Commission Staff Agency *Chief Executive Officer of the Legal Aid
CommissionNew South Wales Crime Commission Staff *Commissioner for the New South Wales Agency Crime Commission New South Wales Electoral Commission *Electoral Commissioner Staff Agency Ombudsman’s Office *Ombudsman Police Integrity Commission Staff Agency *Commissioner for the Police Integrity
CommissionPublic Service Commission * Public Service Commissioner SAS Trustee Corporation Staff Agency *Chief Executive Officer of the SAS Trustee
Corporation
5 Establishment of Public Service agencies
The Public Service agencies specified in the Schedule to be inserted in the GSE Act by clause 4 of this Order are established.
6 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 Attorney General and Justice Attorney General
Minister for Justice
Department Minister Department of Education and Communities Minister for Education
Minister for Citizenship and Communities
Minister for Aboriginal Affairs
Minister for Sport and RecreationDepartment of Family and Community Minister for Family and Community Services Services
Minister for Women Minister for Ageing Minister for Disability Services
Department of Finance and Services Minister for Finance and Services
Minister for Fair TradingMinistry of Health Minister for Health
Minister for Medical Research
Minister for Mental Health
Minister for Healthy LifestylesDepartment of Premier and Cabinet Premier Department of Trade and Investment, Minister for Trade and Investment Regional Infrastructure and Services Minister for Regional Infrastructure and
Services
Minister for Resources and Energy
Minister for Tourism, Major Events,
Hospitality and Racing
Minister for the Arts
Minister for Primary Industries
Minister for Small BusinessDepartment of Transport Minister for Roads and Ports
Minister for TransportThe 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 HeritageFire and Rescue NSW Minister for Police and Emergency Services Office of Local Government Minister for Local Government Office of the NSW Rural Fire Service Minister for Police and Emergency Services NSW State Emergency Service Minister for Police and Emergency Services Parliamentary Counsel’s Office Premier Planning and Infrastructure Minister for Planning and Infrastructure Public Service agency Minister Ministry for Police and Emergency Services Minister for Police and Emergency Services
Service NSW Premier (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).
7 Abolition of principal Departments under former Act and transfer of staff to corresponding Departments
(1)
All parts of each Division of the Government Service specified in Division 1 of Part 1 of Schedule 1 to the former Act immediately before the repeal of the former Act (a former principal Department) are transferred to the corresponding Department specified in Part 1 of Schedule 1 to the GSE Act.
(2) Each former principal Department is abolished. (3) In any document:
(a)
a reference to a former principal Department is to be construed as a reference to the corresponding Department under the GSE Act, and
(b)
a reference to the head of a former principal Department (however described) is to be construed as a reference to the Secretary of the corresponding Department under the GSE Act.
(4) For the purposes of this clause, the corresponding Department in relation to a former principal Department is the Department that has the same name as the former principal Department. (5) This clause is subject to clause 9. 8 Abolition of other Government Service Divisions and transfer of staff to corresponding or other Public Service agencies
(1)
All parts of each Division of the Government Service specified in Schedule 1 to the former Act (other than in Division 1 of Part 1 of that Schedule) immediately before the repeal of the former Act (a former other Division):
(a)
in the case of a Division specified in Column 1 of the Table to this subclause— are transferred to the Public Service agency specified in Column 2 of the Table in relation to that Division, or
(b)
in any other case—are transferred to the corresponding Public Service agency specified in Schedule 1 to the GSE Act.
Table Former other Divisions transferred to other agencies under GSE Act
Column 1 Column 2 Name of former Government Service Other GSE agency to which former Division Division is transferred Benerembah Irrigation District Environment Department of Trade and Investment, Protection Trust Division Regional Infrastructure and Services Boxing Authority Casual Staff Division Department of Education and Communities Column 1 Column 2 Name of former Government Service Other GSE agency to which former Division Division is transferred Building and Construction Industry Long The Treasury Service Payments Corporation Casual Staff
DivisionCobar Water Board Division
Department of Trade and Investment, Regional Infrastructure and Services
Destination NSW Special Employment Destination NSW Staff Agency Division Energy Corporation Division
Department of Trade and Investment, Regional Infrastructure and Services
Environment Protection Authority Special Environment Protection Authority Staff Purpose Division Agency Forestry Special Employment Division
Department of Trade and Investment, Regional Infrastructure and Services
Infrastructure Special Officers Group, Office Infrastructure NSW Staff Agency of Infrastructure NSW Jenolan Caves Reserve Trust Division Office of Environment and Heritage Legal Aid Commission Temporary Staff Legal Aid Commission Staff Agency Division Motor Accidents Authority Casual Staff Department of Finance and Services Division New South Wales Crime Commission New South Wales Crime Commission Staff Division Agency Office of the NSW Food Authority
Department of Trade and Investment, Regional Infrastructure and Services
Police Integrity Commission Division Police Integrity Commission Staff Agency Rental Bond Board Special Purpose Department of Finance and Services Division Roads and Maritime Services Division Transport Service of New South Wales Office of the Rural Assistance Authority
Department of Trade and Investment, Regional Infrastructure and Services
Safety, Return to Work and Support Division Department of Finance and Services
State Transit Authority Division Transport Service of New South Wales Sydney Catchment Authority Division
Department of Trade and Investment, Regional Infrastructure and Services
Sydney Harbour Foreshore Authority Casual Planning and Infrastructure Staff Division Sydney Olympic Park Authority Casual Department of Education and Communities Staff Division TELCO Special Purpose Division Department of Finance and Services Western Sydney Buses Division Transport Service of New South Wales Wild Dog Destruction Board Division
Department of Trade and Investment, Regional Infrastructure and Services
Column 1 Column 2 Name of former Government Service Other GSE agency to which former Division Division is transferred WorkCover Authority Casual Staff Division Department of Finance and Services Zoological Parks Board Division Office of Environment and Heritage
(2) Each former other Division is abolished. (3) In any document:
(a)
a reference to a former other Division is to be construed as a reference to the Public Service agency to which the parts of the former other Division are transferred by this clause, and
(b)
a reference to the head of a former other Division (however described) is to be construed as a reference to the head of that Public Service agency.
(4)
For the purposes of this clause, the corresponding Public Service agency in relation to a former other Division specified in Column 1 of the Table to this subclause is the Public Service agency specified in Column 2 of the Table in relation to that Division.
Table Former other Divisions transferred to corresponding continuing agencies under GSE Act
Column 1 Column 2 Name of former Government Service Corresponding GSE Act agency to Division which former Division is transferred Office of the Barangaroo Delivery Authority Barangaroo Delivery Authority Staff
Agency
Office of the Board of Studies, Teaching and Board of Studies, Teaching and Educational Educational Standards Standards Staff Agency Office of the Children’s Guardian Office of the Children’s Guardian Office of the Community Relations Community Relations Commission Staff Commission Agency Destination NSW Division Destination NSW Staff Agency Office of the Director of Public Prosecutions Office of the Director of Public Prosecutions
Office of the Environment Protection Environment Protection Authority Staff Authority Agency Fire and Rescue NSW Fire and Rescue NSW Office of the Health Care Complaints Health Care Complaints Commission Staff Commission Agency Health Professional Councils Authority Health Professional Councils Authority Division Office Home Care Service Division Home Care Service Staff Agency Independent Pricing and Regulatory Independent Pricing and Regulatory Tribunal Division Tribunal Staff Agency Independent Transport Safety Regulator Independent Transport Safety Regulator Division Staff Agency Information and Privacy Commission Information and Privacy Commission Office of Infrastructure NSW Infrastructure NSW Staff Agency Column 1 Column 2 Name of former Government Service Corresponding GSE Act agency to Division which former Division is transferred Institute of Sport Division Institute of Sport Staff Agency Office of the Legal Aid Commission Legal Aid Commission Staff Agency Local Land Services Division Local Land Services Staff Agency Mental Health Commission Division Mental Health Commission Staff Agency Natural Resources Commission Division Natural Resources Commission Staff
AgencyOffice of the New South Wales Crime New South Wales Crime Commission Staff Commission Agency Office of the New South Wales Electoral New South Wales Electoral Commission Commission Staff Agency NSW Institute of Psychiatry Division NSW Institute of Psychiatry Staff Agency Ombudsman’s Office Ombudsman’s Office Department of Planning and Infrastructure Planning and Infrastructure Ministry for Police and Emergency Services Ministry for Police and Emergency Services Office of the Police Integrity Commission Police Integrity Commission Staff Agency Public Service Commission Public Service Commission Department of Rural Fire Service Office of the NSW Rural Fire Service SAS Trustee Corporation Division SAS Trustee Corporation Staff Agency Service NSW Division Service NSW State Emergency Service NSW State Emergency Service Sydney Cricket and Sports Ground Trust Sydney Cricket and Sports Ground Trust Division Staff Agency Office of the UrbanGrowth NSW UrbanGrowth NSW Development Development Corporation Corporation Staff Agency
9 Transfer of parts of principal Departments under former Act to new Public Service agencies
(1) Office of Environment and Heritage The Office of Environment and Heritage within the Department of Premier and Cabinet is transferred from that Department to the Office of Environment and Heritage established by this Order as a Public Service agency.
(2) In any document:
(a)
a reference to the Department of Premier and Cabinet is, if used in relation to the Office of Environment and Heritage within that Department, to be construed as a reference to the Office of Environment and Heritage (as a Public Service agency), and
(b)
a reference to the Director-General of the Department of Premier and Cabinet is, if used in relation to the Office of Environment and Heritage within that Department, to be construed as a reference to the Chief Executive of the Office of Environment and Heritage.
(3) Office of Local Government The Division of Local Government within the Department of Premier and Cabinet is transferred from that Department to the Office of Local Government established by this Order as a Public Service agency.
(4) In any document:
(a)
a reference to the Department of Premier and Cabinet is, if used in relation to the Division of Local Government within that Department, to be construed as a reference to the Office of Local Government, and
(b)
a reference to the Director-General of the Department of Premier and Cabinet is, if used in relation to the Division of Local Government within that Department, to be construed as a reference to the Chief Executive of the Office of Local Government.
(5) Parliamentary Counsel’s Office The Parliamentary Counsel’s Office within the Department of Premier and Cabinet is transferred from that Department to the Parliamentary Counsel’s Office established by this Order as a Public Service agency.
(6) In any document:
(a)
a reference to the Department of Premier and Cabinet is, if used in relation to the Parliamentary Counsel’s Office within that Department, to be construed as a reference to the Parliamentary Counsel’s Office (as a Public Service agency), and
(b)
a reference to the Director-General of the Department of Premier and Cabinet is, if used in relation to the Parliamentary Counsel’s Office within that Department, to be construed as a reference to the Parliamentary Counsel.
(7) Crown Solicitor’s Office The Crown Solicitor’s Office within the Department of Attorney General and Justice is transferred from that Department to the Crown Solicitor’s Office established by this Order as a Public Service agency.
(8) In any document:
(a)
a reference to the Department of Attorney General and Justice is, if used in relation to the Crown Solicitor’s Office within that Department, to be construed as a reference to the Crown Solicitor’s Office (as a Public Service agency), and
(b)
a reference to the Director-General of the Department of Attorney General and Justice is, if used in relation to the Crown Solicitor’s Office within that Department, to be construed as a reference to the Crown Solicitor.
(9) Parts of DTIRIS transferred to other agencies Each of the parts of the Department of Trade and Investment, Regional Infrastructure and Services that comprises persons who are employed to enable any of the following statutory bodies (a relevant statutory body) to exercise its functions is transferred from that Department to the corresponding Public Service agency:
(a) Art Gallery of New South Wales Trust, (b) Australian Museum Trust, (c) Independent Liquor and Gaming Authority, (d) Library Council of New South Wales, (e) Trustees of the Museum of Applied Arts and Sciences, (f) Sydney Opera House Trust. (10) In any document:
(a)
a reference to the Department of Trade and Investment, Regional Infrastructure and Services is, if used in relation to the staff of a relevant statutory body, to be construed as a reference to the corresponding Public Service agency, and
(b)
a reference to the Director-General of the Department of Trade and Investment, Regional Infrastructure and Services is, if used in relation to the staff of a relevant statutory body, to be construed as a reference to the head of the corresponding Public Service agency.
(11)
For the purposes of subclauses (9) and (10), the corresponding Public Service agency in relation to a relevant statutory body is the Public Service agency that includes the name of the statutory body.
(12) NSW Institute of Psychiatry Staff Agency The persons employed in the Ministry of Health who are employed to enable the New South Wales Institute of Psychiatry to exercise its functions are transferred from the Ministry of Health to the NSW Institute of Psychiatry Staff Agency.
(13)
In any document, a reference to the Ministry of Health is, if used in relation to the group of staff referred to in subclause (12), to be construed as a reference to the NSW Institute of Psychiatry Staff Agency.
10 Construction of references to Chief Executive Officer of Safety, Return to Work and Support
A reference in the definition of Chief Executive Officer in any of the following provisions to the Chief Executive Officer of Safety, Return to Work and Support holding office under Chapter 1A of the former Act is to be construed as a reference to the person employed in the Department of Finance and Services as the Chief Executive Officer of Safety, Return to Work and Support:
(a) section 3 of the Motor Accidents Compensation Act 1999, (b) section 3 (1) of the Motor Accidents (Lifetime Care and Support) Act 2006, (c) section 3 (1) of the Safety, Return to Work and Support Board Act 2012, (d) section 4 (1) of the Sporting Injuries Insurance Act 1978, (e) section 4 (1) of the Workplace Injury Management and Workers Compensation Act 1998.
11 Savings, transitional and other provisions
(1) The corresponding Department to which all parts (or all parts other than specified parts) of a former principal Department referred to in clause 7 are transferred by this Order is, for all purposes, the successor and a continuation of that former principal Department. (2) The corresponding Public Service agency to which the parts of a former other Division referred to in clause 8 (4) are transferred by this Order is, for all purposes, the successor and a continuation of that former other Division. (3) The Public Service agency to which the parts of a former other Division referred to in clause 8 (1) are transferred by this Order is, for all purposes, the successor of that former other Division. (4) In the case of a former other Division referred to in clause 8 (1), a financial report for the financial year ending 30 June 2014 (or for any part of that financial year before its abolition) is not required under the Public Finance and Audit Act 1983. However, financial information relating to the operations of the former other Division during the relevant period before its abolition is to be included in the notes to the financial report of the Public Service agency to which the parts of the former other Division have been transferred. (5) If any question arises as to the employees included in any part of a former principal Department or former other Division who are transferred by this Order to a Public Service agency, the question may be referred to and determined by the Public Service Commissioner. (6) In this clause, former principal Department and former other Division have the
same meanings as in clauses 7 and 8, respectively.
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