Administrative Arrangements (Second Perrottet Ministry—Transitional) Order 2021 (NSW)

1Name of Order

This Order is the Administrative Arrangements (Second Perrottet Ministry—Transitional) Order 2021.

2Commencement(1)

Except as provided by subclause (2), this Order commences on 21 December 2021 and is required to be published on the NSW legislation website.

(2)

The following provisions commence on 1 April 2022—

• (a)

  Schedule 2, clause 4,

• (b)

  Schedule 3,

• (c)

  Schedule 4[2].

3Definitions

In this Order—

document means any Act or statutory or other instrument, or any contract or agreement.

reference to a Minister, Public Service agency or Public Service employee includes a reference that by or under any Act is to be read, construed or treated as a reference to that Minister, agency or employee.

Note—

The Constitution Act 1902, Part 7 and the Interpretation Act 1987 also contain definitions and other provisions that affect the interpretation and application of this Order.

Schedule 1References to certain Ministers1Premier

A reference in a document to the Premier is to be read—

• (a)

  if used in or in relation to legislation administered by the Minister for Infrastructure—as a reference to the Minister, or

• (b)

  if used in or in relation to legislation administered by the Minister for Cities—as a reference to the Minister, or

• (c)

  in other cases—as a reference to the Premier.

2Special Minister of State, Minister for the Public Service and Employee Relations, Aboriginal Affairs, and the Arts

A reference in a document to the Special Minister of State, Minister for the Public Service and Employee Relations, Aboriginal Affairs, and the Arts is to be read—

• (a)

  if used in or in relation to legislation administered by the Minister for Aboriginal Affairs—as a reference to the Minister, or

• (b)

  if used in or in relation to legislation administered by the Minister for Employee Relations—as a reference to the Minister, or

• (c)

  if used in or in relation to legislation administered by the Attorney General—as a reference to the Attorney General, or

• (d)

  if used in or in relation to legislation administered by the Minister for Environment and Heritage—as a reference to the Minister, or

• (e)

  if used in or in relation to legislation administered by the Minister for the Arts—as a reference to the Minister, or

• (f)

  in other cases—as a reference to the Premier.

3Minister for Jobs, Investment, Tourism and Western Sydney

A reference in a document to the Minister for Jobs, Investment, Tourism and Western Sydney is to be read—

• (a)

  if used in or in relation to legislation administered by the Minister for Tourism and Sport—as a reference to the Minister, or

• (b)

  if used in or in relation to legislation administered by the Minister for Science, Innovation and Technology—as a reference to the Minister, or

• (c)

  if used in or in relation to legislation administered by the Minister for Western Sydney—as a reference to the Minister, or

• (d)

  in other cases—as a reference to the Minister for Enterprise, Investment and Trade.

4Minister for Trade and Industry

A reference in a document to the Minister for Trade and Industry is to be read as a reference to the Minister for Enterprise, Investment and Trade.

5Minister for Finance and Small Business

A reference in a document to the Minister for Finance and Small Business is to be read—

• (a)

  if used in or in relation to legislation administered by the Minister for Small Business—as a reference to the Minister, or

• (b)

  in other cases—as a reference to the Minister for Finance.

6Minister for Customer Service

A reference in a document to the Minister for Customer Service is to be read—

• (a)

  if used in or in relation to legislation administered by the Minister for Hospitality and Racing—as a reference to the Minister, or

• (b)

  in other cases—as a reference to the Minister for Customer Service and Digital Government.

7Minister for Digital

A reference in a document to the Minister for Digital is to be read as a reference to the Minister for Customer Service and Digital Government.

8Minister for Better Regulation and Innovation

A reference in a document to the Minister for Better Regulation and Innovation is to be read—

• (a)

  if used in or in relation to legislation administered by the Minister for Hospitality and Racing—as a reference to the Minister, or

• (b)

  in other cases—as a reference to the Minister for Fair Trading.

9Minister for Planning and Public Spaces

A reference in a document to the Minister for Planning and Public Spaces is to be read as a reference to the Minister for Planning.

10Minister for Water, Property and Housing

A reference in a document to the Minister for Water, Property and Housing is to be read—

• (a)

  if used in or in relation to legislation administered by the Minister for Homes—as a reference to the Minister, or

• (b)

  if used in or in relation to legislation administered by the Minister for Lands and Water—as a reference to the Minister, or

• (c)

  in other cases—as a reference to the Minister for Planning.

11Minister for Energy and Environment

A reference in a document to the Minister for Energy and Environment is to be read—

• (a)

  if used in or in relation to legislation administered by the Minister for Environment and Heritage—as a reference to the Minister, or

• (b)

  in other cases—as a reference to the Minister for Energy.

12Minister for Transport and Roads

A reference in a document to the Minister for Transport and Roads is to be read—

• (a)

  if used in or in relation to legislation administered by the Minister for Transport—as a reference to the Minister, or

• (b)

  in other cases—as a reference to the Minister for Infrastructure.

13Minister for Health and Medical Research

A reference in a document to the Minister for Health and Medical Research is to be read as a reference to the Minister for Health.

14Minister for Education and Early Childhood Learning

A reference in a document to the Minister for Education and Early Childhood Learning is to be read as a reference to the Minister for Education and Early Learning.

15Minister for Mental Health, Regional Youth and Women

A reference in a document to the Minister for Mental Health, Regional Youth and Women is to be read—

• (a)

  if used in or in relation to legislation administered by the Minister for Mental Health—as a reference to the Minister, or

• (b)

  if used in or in relation to legislation administered by the Minister for Women—as a reference to the Minister, or

• (c)

  if used in or in relation to legislation administered by the Minister for Regional Youth—as a reference to the Minister, or

• (d)

  in other cases—as a reference to the Minister for Regional Health.

16Minister for Skills and Tertiary Education

A reference in a document to the Minister for Skills and Tertiary Education is to be read as a reference to the Minister for Skills and Training.

17Minister for Police and Emergency Services

A reference in a document to the Minister for Police and Emergency Services is to be read—

• (a)

  if used in or in relation to legislation administered by the Minister for Emergency Services and Resilience—as a reference to the Minister, or

• (b)

  in other cases—as a reference to the Minister for Police.

18Minister for Counter Terrorism and Corrections

A reference in a document to the Minister for Counter Terrorism and Corrections is to be read—

• (a)

  if used in or in relation to legislation administered by the Minister for Corrections—as a reference to the Minister, or

• (b)

  in other cases—as a reference to the Minister for Police.

19Minister for Families, Communities and Disability Services

A reference in a document to the Minister for Families, Communities and Disability Services is to be read—

• (a)

  if used in or in relation to legislation administered by the Minister for Disability Services—as a reference to the Minister, or

• (b)

  in other cases—as a reference to the Minister for Families and Communities.

20Minister for Sport, Multiculturalism, Seniors and Veterans

A reference in a document to the Minister for Sport, Multiculturalism, Seniors and Veterans is to be read—

• (a)

  if used in or in relation to legislation administered by the Minister for Multiculturalism—as a reference to the Minister, or

• (b)

  if used in or in relation to legislation administered by the Minister for Tourism and Sport—as a reference to the Minister, or

• (c)

  if used in or in relation to legislation administered by the Minister for Veterans—as a reference to the Minister, or

• (d)

  if used in or in relation to legislation administered by the Minister for Seniors—as a reference to the Minister, or

• (e)

  in other cases—as a reference to the Attorney General.

21Minister for Agriculture and Western New South Wales

A reference in a document to the Minister for Agriculture and Western New South Wales is to be read as a reference to the Minister for Agriculture.

Schedule 2Establishment and renaming of Public Service agencies1Establishment of Department of Enterprise, Investment and Trade

The Department of Enterprise, Investment and Trade is established.

2Renaming of Regional NSW as Department of Regional NSW(1)

Regional NSW is renamed as the Department of Regional NSW.

(2)

A reference in a document to Regional NSW is to be read as a reference to the Department of Regional NSW.

3Renaming of Department of Planning, Industry and Environment as Department of Planning and Environment(1)

The Department of Planning, Industry and Environment is renamed as the Department of Planning and Environment.

(2)

A reference in a document to the Department of Planning, Industry and Environment is to be read as a reference to the Department of Planning and Environment.

4Establishment of other Public Service agencies

The following Public Service agencies are established—

• (a)

  Destination NSW Staff Agency,

• (b)

  State Archives and Records Authority of New South Wales Staff Agency,

• (c)

  Create NSW.

Schedule 3Transfer of staff between Public Service agencies1Transfer of part of Investment NSW to Destination NSW Staff Agency(1)

The persons employed in Investment NSW to enable Destination NSW to exercise its functions are transferred to the Destination NSW Staff Agency.

(2)

A reference in a document to Investment NSW is, if used in relation to the part of the agency referred to in subclause (1), to be read as a reference to the Destination NSW Staff Agency.

(3)

A reference in a document to the Secretary of the Department of Industry in the Destination NSW Act 2011, section 7(2)(d), being a reference required by previous order to be read as a reference to the Chief Executive Officer of Investment NSW, is to be read as a reference to the Chief Executive Officer of Destination NSW.

2Transfer of certain DPC staff to DPE(1)

The persons employed in the Heritage Branch in the Department of Premier and Cabinet are transferred to the Department of Planning and Environment.

(2)

A reference in a document to the Department of Premier and Cabinet is, if used in relation to the part of the Department referred to in subclause (1), to be read as a reference to the Department of Planning and Environment.

3Transfer of certain DPC staff to SARA Staff Agency(1)

The persons employed in the Department of Premier and Cabinet to enable the State Archives and Records Authority of New South Wales to exercise its functions are transferred to the State Archives and Records Authority of New South Wales Staff Agency.

(2)

A reference in a document to the Department of Premier and Cabinet is, if used in relation to the part of the Department referred to in subclause (1), to be read as a reference to the State Archives and Records Authority of New South Wales Staff Agency.

(3)

A reference in a document to the Secretary of the Department of Premier and Cabinet is, if used in relation to the part of the Department referred to in subclause (1), to be read as a reference to the Executive Director of the State Archives and Records Authority of New South Wales.

4Transfer of Women NSW from DCJ to DPC(1)

The persons employed in Women NSW in the Department of Communities and Justice are transferred to the Department of Premier and Cabinet.

(2)

A reference in a document to the Department of Communities and Justice is, if used in relation to the part of the Department referred to in subclause (1), to be read as a reference to the Department of Premier and Cabinet.

5Transfer of Office of Community Safety and Cohesion from DCJ to DPC(1)

The persons employed in the Office of Community Safety and Cohesion in the Department of Communities and Justice are transferred to the Department of Premier and Cabinet.

(2)

A reference in a document to the Department of Communities and Justice is, if used in relation to the part of the Department referred to in subclause (1), to be read as a reference to the Department of Premier and Cabinet.

6Transfer of ILGA staff from DCS to DEIT(1)

The persons employed in the Department of Customer Service to enable the Independent Liquor and Gaming Authority to exercise its functions are transferred to the Department of Enterprise, Investment and Trade.

(2)

A reference in a document to the Department of Customer Service is, if used in relation to the part of the Department referred to in subclause (1), to be read as a reference to the Department of Enterprise, Investment and Trade.

7Transfer of DPC staff to Create NSW(1)

The persons employed in Create NSW and Create Infrastructure in the Department of Premier and Cabinet are transferred to Create NSW.

(2)

A reference in a document to the Department of Premier and Cabinet is, if used in relation to the part of the Department referred to in subclause (1), to be read as a reference to Create NSW.

8Transfer of Small Business Commissioner staff from Treasury to DCS(1)

The persons employed in the Treasury to enable the Small Business Commissioner to exercise the Commissioner’s functions are transferred to the Department of Customer Service.

(2)

A reference in a document to the Treasury is, if used in relation to the part of the Treasury referred to in subclause (1), to be read as a reference to the Department of Customer Service.

Schedule 4Amendment of Government Sector Employment Act 2013 No 40[1]Schedule 1 Public Service agencies

Insert the following in Part 1 after “Treasury”—

Department of Enterprise, Investment and Trade

[2]Schedule 1, Parts 1 and 2

Omit the Parts. Insert instead—

Part 1Departments

Department of Premier and Cabinet

Department of Regional NSW

Department of Enterprise, Investment and Trade

Treasury

Ministry of Health

Department of Education

Department of Communities and Justice

Department of Transport

Department of Customer Service

Department of Planning and Environment

Part 2Executive 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 Wales Trust Staff Agency	Director of the Art Gallery of New South Wales	Department of Enterprise, Investment and Trade. 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 Staff Agency	Director of the Australian Museum	Department of Enterprise, Investment and Trade. The Minister administering the Australian Museum Trust Act 1975 is to exercise the employer functions of the Government in relation to the Director.
Create NSW	Chief Executive Officer of Create NSW	Department of Enterprise, Investment and Trade. The Minister for the Arts is to exercise the employer functions of the Government in relation to the Chief Executive Officer.
Crown Solicitor’s Office	Crown Solicitor	Department of Communities and Justice
Destination NSW Staff Agency	Chief Executive Officer of Destination NSW	Department of Enterprise, Investment and Trade
Fire and Rescue NSW	Commissioner of Fire and Rescue NSW	Department of Communities and Justice. The Minister administering the Fire and Rescue NSW Act 1989 is to exercise the employer functions of the Government in relation to the Commissioner.
Greater Sydney Commission Staff Agency	Chief Executive Officer of the Greater Sydney Commission	Department of Transport
Health Professional Councils Authority Office	Secretary of the Ministry of Health	Ministry of Health
Infrastructure NSW Staff Agency	Chief Executive Officer and Co-ordinator General, Infrastructure NSW	Department of Transport. The Minister 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 Agency	Chief Executive Officer of the New South Wales Institute of Sport	Department of Enterprise, Investment and Trade. The Minister administering the Institute of Sport Act 1995 is to exercise the employer functions of the Government in relation to the Chief Executive Officer.
Investment NSW	Chief Executive Officer of Investment NSW	Department of Enterprise, Investment and Trade
Library Council of New South Wales Staff Agency	State Librarian	Department of Enterprise, Investment and Trade. The 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 Agency	Chief Executive Officer of Local Land Services	Department of Regional NSW
Mental Health Commission Staff Agency	Secretary of the Ministry of Health	Ministry of Health
Multicultural NSW Staff Agency	Chief Executive Officer of Multicultural NSW	Department of Communities and Justice. 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 Commission Staff Agency	*Commissioner for the Commission	Department of Planning and Environment
Office of the NSW Rural Fire Service	Commissioner of the NSW Rural Fire Service	Department of Communities and Justice. The 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 Emergency Service	Commissioner of the NSW State Emergency Service	Department of Communities and Justice. The 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 Office	Parliamentary Counsel	Department of Premier and Cabinet
Resilience NSW	Head of Resilience NSW	Department of Communities and Justice
SAS Trustee Corporation Staff Agency	*Chief Executive Officer of the SAS Trustee Corporation	Treasury
Service NSW	Chief Executive Officer of Service NSW	Department of Customer Service
State Archives and Records Authority of New South Wales Staff Agency	Executive Director of State Archives and Records Authority of New South Wales	Department of Enterprise, Investment and Trade
Office of Sport	Chief Executive of the Office	Department of Enterprise, Investment and Trade
Sydney Opera House Trust Staff Agency	Chief Executive of the Sydney Opera House Trust	Department of Enterprise, Investment and Trade. 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 Applied Arts and Sciences Staff Agency	Director of the Museum of Applied Arts and Sciences	Department of Enterprise, Investment and Trade. 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.
Venues NSW Staff Agency	*Chief Executive Officer of Venues NSW	Department of Enterprise, Investment and Trade
Western Parkland City Authority Staff Agency	Chief Executive Officer of the Western Parkland City Authority	Department of Enterprise, Investment and Trade

sch 4: Am 2021 (806), cl 4.

Historical notesTable of amending instruments

Administrative Arrangements (Second Perrottet Ministry—Transitional) Order 2021 (790). LW 21.12.2021. Date of commencement, except Sch 2, cl 4, Sch 3 and Sch 4[2], 21.12.2021, sec 2(1); date of commencement of Sch 2, cl 4, Sch 3 and Sch 4[2], 1.4.2022, sec 2(2). This Order has been amended as follows—

2021 (806) Administrative Arrangements (Administrative Changes—Ministers and Public Service Agencies) Order (No 5) 2021. LW 23.12.2021.

Date of commencement, on publication on LW, cl 2.

Table of amendments

Sch 4 Am 2021 (806), cl 4.