Public Sector Employment and Management (Departmental Amalgamations) Order 2009 (NSW)

No judgment structure available for this case.

2009 No 352

New South Wales

Public Sector Employment and

Management (Departmental

Amalgamations) Order 2009

under the

Public Sector Employment and Management Act 2002

MARIE BASHIR, Governor I, Professor Marie Bashir AC, CVO, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of section 66 and Chapter 4 of the Public Sector Employment and Management Act 2002, make the following Order.

Dated, this 27th day of July 2009.

By Her Excellency’s Command,

NATHAN REES, MP

Premier

Published LW 27 July 2009	Page 1
2009 No 352

Public Sector Employment and Management (Departmental Amalgamations) Order 2009

Contents

Page

Part 1

Preliminary

1 Name of Order 5
2 Commencement 5
3 Definition 5

Part 2

Public Service Departments

4 Amendment of Public Sector Employment and

Management Act 2002 No 43 6

Part 3

Departmental amalgamations

Division 1

Communities NSW

5 Establishment of Communities NSW 9
6 Amalgamation of certain Divisions with new Department 9
7 Transfer of certain other branches to new Department 10
8 Construction of references to Director of Liquor
and Gaming 11

Division 2 Department of Environment, Climate
Change and Water

9 Change of name of DECC 11
10 Establishment of Office of Water as a separate
office within DECCW 11
11 Transfer of certain DWE staff to DECCW 11

Division 3 Department of Human Services

12 Establishment of Department of Human Services 12
13 Amalgamation of certain Divisions with new Department 12
14 Transfer of NSWbusinesslink to Department of
Human Services 13

Division 4 Department of Industry and Investment

15 Establishment of Department of Industry and Investment 13
16 Amalgamation of certain Divisions with new Department 13
17 Transfer of Film and Television Office staff to new
Department 14
18 Construction of reference to Director-General of
NSW Food Authority 14

2009 No 352

Public Sector Employment and Management (Departmental Amalgamations) Order 2009

Contents

Page

Division 5 Department of Justice and Attorney
General
19      Establishment of Department of Justice and

Attorney General 14
20      Amalgamation of certain Divisions with new

Department 14
21      Transfer of DPP and Legal Aid Commission

corporate services staff to new Department 15

Division 6 Police and Emergency Services NSW

22 Establishment of Police and Emergency Services NSW 15
23 Transfer of certain staff to new Department 15

Division 7 Department of Premier and Cabinet

24 Amalgamation of Ministry for Police with DPC 15
25 Amalgamation of Department of Local Government
with DPC 16
26 Ministerial responsibility for Department of Premier
and Cabinet 16

Division 8 Department of Services, Technology and
Administration

Subdivision 1 Establishment of DSTA and merger
with other agencies
27      Establishment of Department of Services, Technology

and Administration 17
28

Amalgamation of certain Divisions with new Department 17
29

Transfer of certain other branches to new Department 17

Subdivision 2 Land and Property Management
Authority
30      Establishment of Land and Property Management

Authority 18
31

Amalgamation of certain Divisions with new Division 18
32

Transfer of certain other branches to new Division 19

Division 9 Department of Transport and Infrastructure
33      Establishment of Department of Transport and

Infrastructure 20
34      Amalgamation of Ministry of Transport with new

Department 20
35

Transfer of certain staff to new Department 21

2009 No 352
Public Sector Employment and Management (Departmental Amalgamations) Order 2009

Contents

Page

Division 10 Compensation Authorities Staff Division

36 Establishment of Compensation Authorities Staff Division 22
37 Amalgamation of certain Divisions with new Division 22

Division 11 Miscellaneous
38 Construction of references to Director-General
and Deputy Director-General of State Emergency

Service 22
39

Savings and transitional provisions 22

Schedule 1

Amendment of Public Sector Employment

and Management Act 2002 No 43

24

Public Sector Employment and Management (Departmental

2009 No 352

Amalgamations) Order 2009

Clause 1

Preliminary

Part 1

Public Sector Employment and Management
(Departmental Amalgamations) Order 2009

under the

Public Sector Employment and Management Act 2002

Part 1

Preliminary

1 Name of Order
This Order is the Public Sector Employment and Management
(Departmental Amalgamations) Order 2009.

2 Commencement
This Order is taken to have commenced on 1 July 2009 and is required to be published on the NSW legislation website.

3 Definition
In this Order:
document means any Act or statutory instrument, or any other
instrument, or any contract or agreement.

2009 No 352	Public Sector Employment and Management (Departmental
Clause 4	Amalgamations) Order 2009
Part 2	Public Service Departments
Part 2	Public Service Departments

4 Amendment of Public Sector Employment and Management Act 2002 No 43
Schedule 1 Divisions of the Government Service
Omit Part 1. Insert instead:

Part 1 The Public Service

Division 1 Principal Departments

Column 1 Column 2
Name of Division Division Head
Communities NSW Director-General of Communities
NSW
Department of Education and Director-General of the Department
Training
Department of Environment, Climate Director-General of the Department
Change and Water
Department of Health Director-General of the Department
Department of Human Services Director-General of the Department
Department of Industry and Director-General of the Department
Investment
Department of Justice and Attorney Director-General of the Department
General
Department of Planning Director-General of the Department
Police and Emergency Services NSW Director-General of Police and
Emergency Services NSW

Department of Premier and Cabinet Director-General of the Department
Department of Services, Technology Director-General of the Department
and Administration
Department of Transport and Director-General of the Department
Infrastructure
The Treasury Secretary of the Treasury

Public Sector Employment and Management (Departmental	2009 No 352
Amalgamations) Order 2009	Clause 4
Public Service Departments	Part 2

Division 2 Other agencies

Column 1 Column 2
Name of Division Division Head

Department of Office of the Board of Chief Executive of the
Education and Studies Office
Training
Office of the Institute of Chief Executive of the
Teachers Institute
Department of Health Office of the Health *Commissioner of the
Care Complaints Health Care Complaints
Commission Commission
Department of Office of the NSW Food Director-General of the
Industry and Authority Department of Industry
Investment and Investment
Office of the Rural Director-General of the
Assistance Authority Department of Industry
and Investment
Department of Justice Office of the Director of *Director of Public
and Attorney General Public Prosecutions Prosecutions
Office of the *Information
Information Commissioner
Commissioner
Office of the Legal Aid *Chief Executive

Commission

Officer of the Commission
Department of Office of the Barangaroo Chief Executive Officer
Planning Delivery Authority of the Authority
Office of the Chief Executive Officer
Redfern–Waterloo of the Authority
Authority
Office of the Sydney Chief Executive Officer
Harbour Foreshore of the Authority
Authority
Police and Emergency Office of the New South *Commissioner for the
Services NSW Wales Crime New South Wales Crime
Commission Commission
New South Wales Fire Commissioner of New
Brigades South Wales Fire
Brigades

2009 No 352	Public Sector Employment and Management (Departmental
Clause 4	Amalgamations) Order 2009
Part 2	Public Service Departments

Column 1 Column 2
Name of Division Division Head
Department of Rural Commissioner of the
Fire Service NSW Rural Fire Service
State Emergency Commissioner of the
Service State Emergency
Service

Department of Premier Office of the New South *Electoral
and Cabinet Wales Electoral Commissioner
Commission
Ombudsman’s Office *Ombudsman
Office of the Police *Commissioner for the
Integrity Commission Police Integrity
Commission
Department of Land and Property Chief Executive of the
Services, Technology Management Authority Authority
and Administration
The Treasury Compensation Chief Executive of the
Authorities Staff Division
Division
Note. The positions in Column 2 that are marked with an asterisk are positions that are created by another Act and are not Public Service positions. All other positions referred to in this Part are created by this Act (see section 10) and are Public Service positions.

Public Sector Employment and Management (Departmental	2009 No 352
Amalgamations) Order 2009	Clause 5
Departmental amalgamations	Part 3
Part 3	Departmental amalgamations
Division 1	Communities NSW

5 Establishment of Communities NSW

(1) Communities NSW is established as a Division of the Government
Service.
(2) Communities NSW is responsible to the following Ministers:

(a) Premier,
(b) Minister for the Arts,
(c) Minister for Citizenship,
(d) Minister for Community Services,
(e) Minister for Gaming and Racing,
(f) Minister Assisting the Premier on the Arts,
(g) Minister for Sport and Recreation,
(h) Minister for Tourism,
(i) Minister for Volunteering,

(j) Minister for Western Sydney,
(k) Minister for Youth.

6 Amalgamation of certain Divisions with new Department

(1) All branches are removed from each of the following Divisions of the
Government Service and added to Communities NSW:

(a) Department of the Arts, Sport and Recreation,
(b) Office for Children,
(c) Office of the Community Relations Commission,
(d) Office of the Sydney Olympic Park Authority,
(e) Office of the Sydney 2009 World Masters Games Organising Committee,
(f) Hunter Region Sporting Venues Authority Division,
(g) Parramatta Stadium Trust Division,
(h) State Sports Centre Trust Division,
(i) Wollongong Sportsground Trust Division,

(j)

Sydney Olympic Park Authority Aquatic and Athletic Centres Division.

2009 No 352	Public Sector Employment and Management (Departmental
Clause 7	Amalgamations) Order 2009
Part 3	Departmental amalgamations

(2) Each of the Divisions referred to in subclause (1) (a)–(j) is abolished as
a Division of the Government Service.
(3) In any document, a reference to any of the Divisions of the Government Service abolished under this clause is to be construed as a reference to Communities NSW.
(4) This clause is subject to clause 17.
7 Transfer of certain other branches to new Department

(1) Transfer of certain DOCS staff
The groups of staff in the Department of Community Services who, in the opinion of the Director-General of the Department of Premier and Cabinet, are principally involved in any of the following activities or areas are removed from the Department of Community Services and added to Communities NSW:

(a) youth programs,
(b) Better Futures program.

(2)

A reference in any document to the Department of Community Services is to be construed as a reference to Communities NSW if the reference is used in relation to the staff, or the activities or areas, referred to in subclause (1).
(3) Transfer of certain DPC staff

The group of staff in the Department of Premier and Cabinet who, in the opinion of the Director-General of that Department, are principally involved in volunteering are removed from the Department of Premier and Cabinet and added to Communities NSW.
(4) Transfer of staff in DPC comprising Office of Western Sydney

The group of staff in the Department of Premier and Cabinet comprising the Office of Western Sydney are removed from that Department and added to Communities NSW.

(5)

A reference in any document to the Department of Premier and Cabinet is to be construed as a reference to Communities NSW if the reference is used in relation to the staff referred to in subclauses (3) and (4).
(6) Transfer of Western Sydney Parklands Trust staff

The group of staff employed in the Department of Planning to enable the Western Sydney Parklands Trust to exercise its functions are removed from that Department and added to Communities NSW.

Public Sector Employment and Management (Departmental	2009 No 352
Amalgamations) Order 2009	Clause 8
Departmental amalgamations	Part 3

8 Construction of references to Director of Liquor and Gaming

(1)

A reference in any document to the Director of Liquor and Gaming, including in the definition of Director in section 4 of the Liquor Act 2007, is to be construed as a reference to the Director-General of Communities NSW.
(2) Despite clause 2, this clause does not have effect until the day on which
this Order is published on the NSW legislation website.

Division 2

Department of Environment, Climate Change and
Water

9 Change of name of DECC

(1)

The name of the Department of Environment and Climate Change is changed to the Department of Environment, Climate Change and Water.
(2) The Department is responsible to the following Ministers:

(a) Minister for Climate Change and the Environment,
(b) Minister for Water.

(3) In any document, a reference to the Department of Environment and Climate Change is to be construed as a reference to the Department of Environment, Climate Change and Water.
10 Establishment of Office of Water as a separate office within DECCW

(1) The Office of Water is established as a separate office within the
Department of Environment, Climate Change and Water.
(2) The Office of Water includes the staff transferred under
clause 11 (1) (a).

11 Transfer of certain DWE staff to DECCW

(1)

The following groups of staff in the Department of Water and Energy are removed from that Department and added to the Department of Environment, Climate Change and Water:

(a)

the group of staff who, in the opinion of the Director-General of the Department of Premier and Cabinet, are principally involved in the administration of legislation relating to water,

2009 No 352	Public Sector Employment and Management (Departmental
Clause 12	Amalgamations) Order 2009
Part 3	Departmental amalgamations

(b)

such staff providing corporate services as the Director-General of the Department of Premier and Cabinet determines are required in connection with the Office of Water within the Department of Environment, Climate Change and Water.

(2)

In any document, a reference to the Department of Water and Energy is to be construed as a reference to the Department of Environment, Climate Change and Water if the reference is used in relation to the staff referred to in subclause (1).

Division 3

Department of Human Services

12 Establishment of Department of Human Services

(1) The Department of Human Services is established as a Division of the
Government Service.
(2) The Department is responsible to the following Ministers:

(a) Minister for Aboriginal Affairs,
(b) Minister for Ageing,
(c) Minister for Community Services,
(d) Minister for Disability Services,
(e) Minister for Housing,
(f) Minister for Juvenile Justice.

13 Amalgamation of certain Divisions with new Department

(1)

All branches are removed from each of the following Divisions of the Government Service and added to the Department of Human Services:

(a) Department of Aboriginal Affairs,
(b) Aboriginal Housing Office Group of Staff,
(c) Department of Ageing, Disability and Home Care,
(d) Department of Community Services,
(e) Housing NSW,
(f) Department of Juvenile Justice.

(2) Each of the Divisions referred to in subclause (1) (a)–(f) is abolished as
a Division of the Government Service.

(3)

In any document, a reference to any of the Divisions of the Government Service abolished under this clause is to be construed as a reference to the Department of Human Services.
(4) This clause is subject to clause 7 (1) and (2).

Public Sector Employment and Management (Departmental	2009 No 352
Amalgamations) Order 2009	Clause 14
Departmental amalgamations	Part 3

14 Transfer of NSWbusinesslink to Department of Human Services

(1) NSWbusinesslink is removed from the Department of Commerce and
added to the Department of Human Services.

(2)

A reference in any document to the Department of Commerce is to be construed as a reference to the Department of Human Services if the reference is used in relation to NSWbusinesslink.

Division 4

Department of Industry and Investment

15 Establishment of Department of Industry and Investment

(1) The Department of Industry and Investment is established as a Division
of the Government Service.
(2) The Department is responsible to the following Ministers:

(a) Minister for the Arts,
(b) Minister for Energy,
(c) Minister for Mineral Resources,
(d) Minister Assisting the Premier on the Arts,
(e) Minister for Primary Industries,
(f) Minister for Regional Development,
(g) Minister for Rural Affairs,
(h) Minister for Science and Medical Research,
(i) Minister for Small Business,

(j) Minister for State Development,
(k) Minister for Tourism.

16 Amalgamation of certain Divisions with new Department

(1)

All branches are removed from each of the following Divisions of the Government Service and added to the Department of Industry and Investment:

(a) Department of Primary Industries,
(b) Department of State and Regional Development,
(c) Department of Water and Energy.

(2) Each of the Divisions referred to in subclause (1) (a)–(c) is abolished as
a Division of the Government Service.

2009 No 352	Public Sector Employment and Management (Departmental
Clause 17	Amalgamations) Order 2009
Part 3	Departmental amalgamations

(3) In any document, a reference to any of the Divisions of the Government Service abolished under this clause is to be construed as a reference to the Department of Industry and Investment.
(4) This clause is subject to clauses 11, 29 (2)–(4) and 32 (4)–(6).
17 Transfer of Film and Television Office staff to new Department
The group of staff employed in the Department of the Arts, Sport and Recreation to enable the Film and Television Office to exercise its functions (other than those staff who, in the opinion of the Director-General of the Department of Premier and Cabinet, are principally involved in arts policy and programs) are removed from the Department of the Arts, Sport and Recreation and added to the Department of Industry and Investment.

18 Construction of reference to Director-General of NSW Food Authority
The reference, in the definition of Director-General in section 4 (1) of the Food Act 2003, to the person holding office as the Director-General of the NSW Food Authority under Part 2.2 of the Public Sector Employment and Management Act 2002 is to be construed as a reference to the Chief Executive Officer of the Food Authority holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.

Division 5

Department of Justice and Attorney General

19 Establishment of Department of Justice and Attorney General

(1) The Department of Justice and Attorney General is established as a
Division of the Government Service.
(2) The Department is responsible to the following Ministers:

(a) Attorney General,
(b) Minister for Corrective Services.

20 Amalgamation of certain Divisions with new Department

(1)

All branches are removed from each of the following Divisions of the Government Service and added to the Department of Justice and Attorney General:

(a) Attorney General’s Department,
(b) Department of Corrective Services.

(2) Each of the Divisions referred to in subclause (1) (a) and (b) is abolished
as a Division of the Government Service.

Public Sector Employment and Management (Departmental	2009 No 352
Amalgamations) Order 2009	Clause 21
Departmental amalgamations	Part 3

(3) In any document, a reference to any of the Divisions of the Government Service abolished under this clause is to be construed as a reference to the Department of Justice and Attorney General.
21 Transfer of DPP and Legal Aid Commission corporate services staff to new Department
The groups of staff in the Office of the Director of Public Prosecutions and the Office of the Legal Aid Commission who, in the opinion of the Director-General of the Department of Premier and Cabinet, are principally involved in the provision of corporate services and who the Director-General determines are required in connection with the Department of Justice and Attorney General are removed from the Office of the Director of Public Prosecutions and the Office of the Legal Aid Commission (as the case requires) and added to the Department of Justice and Attorney General.

Division 6

Police and Emergency Services NSW

22 Establishment of Police and Emergency Services NSW

(1) Police and Emergency Services NSW is established as a Division of the
Government Service.
(2) Police and Emergency Services NSW is responsible to the following
Ministers:

(a) Minister for Emergency Services,
(b) Minister for Police.

23 Transfer of certain staff to new Department

(1) The Ministerial Correspondence Unit is removed from the Ministry for
Police and added to Police and Emergency Services NSW.

(2)

In any document, a reference to the Ministry for Police is to be construed as a reference to Police and Emergency Services NSW if the reference is used in relation to the Ministerial Correspondence Unit in the Ministry for Police.

Division 7

Department of Premier and Cabinet

24 Amalgamation of Ministry for Police with DPC

(1) All branches are removed from the Ministry for Police and added to the
Department of Premier and Cabinet.
(2) The Ministry for Police is abolished as a Division of the Government
Service.

2009 No 352	Public Sector Employment and Management (Departmental
Clause 25	Amalgamations) Order 2009
Part 3	Departmental amalgamations

(3) In any document, a reference to the Ministry for Police is to be
construed as a reference to the Department of Premier and Cabinet.
(4) This clause is subject to clause 23.
25      Amalgamation of Department of Local Government with DPC

(1) All branches are removed from the Department of Local Government
and added to the Department of Premier and Cabinet.
(2) The Department of Local Government is abolished as a Division of the
Government Service.
(3) In any document, a reference to the Department of Local Government is to be construed as a reference to the Department of Premier and Cabinet.
26      Ministerial responsibility for Department of Premier and Cabinet
The Department of Premier and Cabinet is responsible to the following
Ministers:

(a) Premier,
(b) Minister for the Central Coast,
(c) Minister for the Hunter,
(d) Minister for the Illawarra,
(e) Minister for Infrastructure,
(f) Minister for Local Government,
(g) Minister for Police,
(h) Minister Assisting the Premier on Veterans’ Affairs,
(i)      Minister for Public Sector Reform,

(j) Minister for Regulatory Reform,
(k) Special Minister of State,
(l) Minister for Women.

Public Sector Employment and Management (Departmental	2009 No 352
Amalgamations) Order 2009	Clause 27
Departmental amalgamations	Part 3
Division 8	Department of Services, Technology and Administration
Subdivision 1	Establishment of DSTA and merger with other agencies

27 Establishment of Department of Services, Technology and Administration

(1) The Department of Services, Technology and Administration is
established as a Division of the Government Service.
(2) The Department is responsible to the following Ministers:

(a) Minister for Commerce,
(b) Minister for Fair Trading,
(c) Minister for Industrial Relations,
(d) Minister for Small Business.

28 Amalgamation of certain Divisions with new Department

(1)

All branches are removed from each of the following Divisions of the Government Service and added to the Department of Services, Technology and Administration:

(a) Department of Commerce,
(b) Internal Audit Bureau Division.

(2) Each of the Divisions referred to in subclause (1) (a) and (b) is abolished
as a Division of the Government Service.
(3) In any document, a reference to any of the Divisions of the Government Service abolished under this clause is to be construed as a reference to the Department of Services, Technology and Administration.
(4) This clause is subject to clause 14.
29 Transfer of certain other branches to new Department

(1) Transfer of certain DET staff
The group of staff employed in the Department of Education and Training to enable the Teacher Housing Authority to exercise its functions are removed from that Department and added to the Department of Services, Technology and Administration.

(2) Transfer of Retail Tenancy Unit

The Retail Tenancy Unit is removed from the Department of State and Regional Development and added to the Department of Services, Technology and Administration.

2009 No 352	Public Sector Employment and Management (Departmental
Clause 30	Amalgamations) Order 2009
Part 3	Departmental amalgamations

(3) Construction of certain references

A reference in the Retail Leases Act 1994 to the Department of State and Regional Development is to be construed as a reference to the Department of Services, Technology and Administration.

(4)

In any other document, a reference to the Department of State and Regional Development is to be construed as a reference to the Department of Services, Technology and Administration if the reference is used in relation to the Retail Tenancy Unit.
(5) Transfer of certain corporate services staff

The groups of staff in the Department of Lands and the Office of the State Property Authority who, in the opinion of the Director-General of the Department of Premier and Cabinet, are principally involved in the provision of corporate services and who the Director-General determines are required in connection with the Department of Services, Technology and Administration are removed from the Department of Lands or the Office of the State Property Authority (as the case requires) and added to the Department of Services, Technology and Administration.

Subdivision 2

Land and Property Management Authority

30 Establishment of Land and Property Management Authority

(1) The Land and Property Management Authority is established as a
Division of the Government Service.
(2) The Division is responsible to the following Ministers:

(a) Minister for Finance,
(b) Minister for the Hunter,
(c) Minister for Lands.

31 Amalgamation of certain Divisions with new Division

(1)

All branches are removed from each of the following Divisions of the Government Service and added to the Land and Property Management Authority:

(a) Department of Lands,
(b) Office of the State Property Authority.

(2) Each of the Divisions referred to in subclause (1) (a) and (b) is abolished
as a Division of the Government Service.

Public Sector Employment and Management (Departmental	2009 No 352
Amalgamations) Order 2009	Clause 32
Departmental amalgamations	Part 3

(3) In any document, a reference to any of the Divisions of the Government Service abolished under this clause is to be construed as a reference to the Land and Property Management Authority.
(4) In any document, a reference to the Director-General of the Department of Lands is to be construed as a reference to the Chief Executive of the Land and Property Management Authority.
(5) This clause is subject to clause 29 (5).
32 Transfer of certain other branches to new Division

(1) Transfer of Hunter Development Corporation staff
The group of staff employed in the Department of Planning to enable the Hunter Development Corporation to exercise its functions are removed from that Department and added to the Land and Property Management Authority.

(2) A reference, in the Growth Centres (Development Corporations)
Act 1974:

(a)

to the Director-General of the Department of Planning is to be construed as a reference to the Chief Executive of the Land and Property Management Authority, or

(b)

to the Department of Urban Affairs and Planning (required by previous orders to be construed as a reference to the Department of Planning) is to be construed as a reference to the Land and Property Management Authority,
if the reference is used in relation to the Hunter Development
Corporation.

(3)

A reference in any other document to the Department of Planning is to be construed as a reference to the Land and Property Management Authority if the reference is used in relation to the Hunter Development Corporation.
(4) Transfer of Office of Biofuels

The Office of Biofuels is removed from the Department of State and Regional Development and added to the Land and Property Management Authority.
(5) Construction of certain references
A reference, in the Biofuel (Ethanol Content) Act 2007:

(a)

to the Department of State and Regional Development is to be construed as a reference to the Land and Property Management Authority, or

2009 No 352	Public Sector Employment and Management (Departmental
Clause 33	Amalgamations) Order 2009
Part 3	Departmental amalgamations

(b)

to the Director-General of the Department of State and Regional Development is to be construed as a reference to the Chief Executive of the Land and Property Management Authority.

(6)

A reference in any other document to the Department of State and Regional Development is to be construed as a reference to the Land and Property Management Authority if the reference is used in relation to the Office of Biofuels.
(7) Transfer of certain DECC staff

The group of staff in the Department of Environment and Climate Change who, in the opinion of the Director-General of the Department of Premier and Cabinet, are principally involved in the administration of the Lake Illawarra Authority Act 1987 are removed from the Department of Environment and Climate Change and added to the Land and Property Management Authority.
(8) Construction of certain reference

The reference in section 7 (2) of the Lake Illawarra Authority Act 1987 to an officer of the Department of Land and Water Conservation nominated by the Director of that Department is to be construed as a reference to a member of staff of the Land and Property Management Authority nominated by the Chief Executive of the Authority.

Division 9

Department of Transport and Infrastructure

33 Establishment of Department of Transport and Infrastructure

(1) The Department of Transport and Infrastructure is established as a
Division of the Government Service.
(2) The Department is responsible to the following Ministers:

(a) Minister for Infrastructure,
(b) Minister for Ports and Waterways,
(c) Minister for Roads,
(d) Minister for Transport.

34 Amalgamation of Ministry of Transport with new Department

(1) All branches are removed from the Ministry of Transport and added to
the Department of Transport and Infrastructure.
(2) The Ministry of Transport is abolished as a Division of the Government
Service.

Public Sector Employment and Management (Departmental	2009 No 352
Amalgamations) Order 2009	Clause 35
Departmental amalgamations	Part 3

(3) In any document, a reference to the Ministry of Transport is to be construed as a reference to the Department of Transport and Infrastructure.
35 Transfer of certain staff to new Department

(1) In this clause, relevant Division means any of the following Divisions
of the Government Service:

(a) Maritime Authority of NSW Division,
(b) Public Transport Ticketing Corporation Division,
(c) Roads and Traffic Authority Division,
(d) State Transit Authority Division,
(e) Sydney Metro Division,
(f) Western Sydney Buses Division.

(2)

The groups of staff in any relevant Division who, in the opinion of the Director-General of the Department of Premier and Cabinet, are principally involved in any of the following activities or areas and who the Director-General determines are required in connection with the Department of Transport and Infrastructure are removed from the relevant Division concerned and added to the Department of Transport and Infrastructure:

(a) strategic transport policy development,
(b) planning of networks,

(c)

co-ordination and planning of integrated transport, timetabling, interchange and ticketing,

(d)

national transport policy co-ordination and inter-jurisdictional relations,

(e)

transport modelling and data, including in relation to demography, population geography and land use,

(f)

central corporate support services, including legal services, human resources, financial services, information technology and payroll,

(g)

major capital projects, including scoping, feasibility studies, procurement and delivery.

2009 No 352	Public Sector Employment and Management (Departmental
Clause 36	Amalgamations) Order 2009
Part 3	Departmental amalgamations
Division 10	Compensation Authorities Staff Division

36 Establishment of Compensation Authorities Staff Division

(1) The Compensation Authorities Staff Division is established as a
Division of the Government Service.
(2) The Division is responsible to the following Ministers:

(a) Minister for Finance,
(b) Minister for Industrial Relations.

37 Amalgamation of certain Divisions with new Division

(1)

All branches are removed from each of the following Divisions of the Government Service and added to the Compensation Authorities Staff Division:

(a) Office of the Motor Accidents Authority,
(b) Office of the WorkCover Authority.

(2) Each of the Divisions referred to in subclause (1) (a) and (b) is abolished
as a Division of the Government Service.

(3)

In any document, a reference to a Division of the Government Service abolished under this clause is to be construed as a reference to the Compensation Authorities Staff Division.

Division 11

Miscellaneous

38 Construction of references to Director-General and Deputy Director-General of State Emergency Service
A reference in any document to the Director-General, or the Deputy Director-General, of the State Emergency Service (including in the definitions of Director-General and Deputy Director-General in section 3 (1) of the State Emergency Service Act 1989) is to be construed as a reference to the Commissioner of the State Emergency Service or the Deputy Commissioner of the State Emergency Service, respectively.

39 Savings and transitional provisions

(1) The provisions of this clause are for the avoidance of doubt.

(2)

The validity of anything done by a Division of the Government Service abolished by this Order (a former Division), or by an officer of a former Division, during the period between 1 July 2009 and the day on which this Order is published on the NSW legislation website is not affected by this Order being taken to have commenced on 1 July 2009.

Public Sector Employment and Management (Departmental	2009 No 352
Amalgamations) Order 2009	Clause 39
Departmental amalgamations	Part 3

(3)

The provisions of this Order for construing references in documents extend to documents made or executed during the period between 1 July 2009 and the day on which this Order is published on the NSW legislation website.
(4) If:

(a)

this Order requires a reference to an officer (the former officer) in an instrument relating to a matter to be construed as a reference to another officer (the successor officer), and

(b)

the former officer is the prosecutor in any proceedings for an offence relating to such a matter,
the prosecutor in those proceeding becomes, for the balance of the
proceedings, the successor officer.

2009 No 352	Public Sector Employment and Management (Departmental Amalgamations) Order 2009
Schedule 1	Amendment of Public Sector Employment and Management Act 2002 No 43
Schedule 1	Amendment of Public Sector Employment and Management Act 2002 No 43

[1] Schedule 1 Divisions of the Government Service

Omit “Director-General of the Department of Ageing, Disability and Home
Care” from the matter relating to the Home Care Service Division in Part 2.
Insert instead “Director-General of the Department of Human Services”.
[2] Schedule 1, Part 2
Omit the matter relating to the following Divisions:
Hunter Region Sporting Venues Authority Division
Internal Audit Bureau Division
Parramatta Stadium Trust Division
State Sports Centre Trust Division
Wollongong Sportsground Trust Division

[3]      Schedule 1, Part 2
Omit “Chief Executive Officer of the Institute of Sport (and the Chairperson of the Board of the Institute in relation to the Chief Executive Officer)” from the matter relating to the Institute of Sport Division.
Insert instead “Director-General of Communities NSW”.
[4]      Schedule 1, Part 2
Omit “Director-General of the Department of Natural Resources” from the matter relating to the Upper Parramatta River Catchment Trust Division.

Insert instead “Director-General of the Department of Environment, Climate
Change and Water”.
[5]      Schedule 1, Part 3
Omit “Chief Executive Officer of the WorkCover Authority” wherever occurring from the matter relating to the Building and Construction Industry Long Service Payments Corporation Casual Staff Division and the WorkCover Authority Casual Staff Division.

Insert instead “Chief Executive of the Compensation Authorities Staff
Division”.

Public Sector Employment and Management (Departmental	2009 No 352
Amalgamations) Order 2009
Amendment of Public Sector Employment and Management Act 2002 No 43	Schedule 1

[6]      Schedule 1, Part 3

Omit “Director-General of the Department of Energy, Utilities and
Sustainability” from the matter relating to the Energy Corporation Division.
Insert instead “Director-General of the Department of Industry and
Investment”.
[7]      Schedule 1, Part 3
Omit “Director-General of the Department of Environment and Conservation” from the matter relating to the Environment Protection Authority Special Purpose Division.

Insert instead “Director-General of the Department of Environment, Climate
Change and Water”.
[8]      Schedule 1, Part 3
Omit “Director-General of the Department of Primary Industries” from the matter relating to the Forestry Commission Division.

Insert instead “Director-General of the Department of Industry and
Investment”.
[9]      Schedule 1, Part 3

Omit “Chairperson of the Game Council” from the matter relating to the Game
Council Division.
Insert instead “Director-General of the Department of Industry and
Investment”.
[10]      Schedule 1, Part 3
Omit “General Manager of the Motor Accidents Authority” from the matter relating to the Motor Accidents Authority Casual Staff Division.

Insert instead “Chief Executive of the Compensation Authorities Staff
Division”.
[11]      Schedule 1, Part 3
Omit “Director-General of the Department of Commerce” from the matter relating to the Rental Bond Board Special Purpose Division.
Insert instead “Director-General of the Department of Services, Technology and Administration”.
[12]      Schedule 1, Part 3

Omit the matter relating to the Sydney Olympic Park Authority Aquatic and
Athletic Centres Division.

2009 No 352	Public Sector Employment and Management (Departmental Amalgamations) Order 2009
Schedule 1	Amendment of Public Sector Employment and Management Act 2002 No 43

[13]      Schedule 1, Part 3
Omit “Chief Executive Officer of the Sydney Olympic Park Authority” from the matter relating to the Sydney Olympic Park Authority Casual Staff Division.
Insert instead “Director-General of Communities NSW”.
[14]      Schedule 1, Part 3

Omit “Chief Executive Officer of SWMGOC” from the matter relating to the
SWMGOC Division.
Insert instead “Director-General of Communities NSW”.
[15]      Schedule 1, Part 3
Omit “General Manager of Tourism New South Wales” from the matter relating to the Tourism New South Wales Division.

Insert instead “Director-General of the Department of Industry and
Investment”.
[16]      Schedule 2 Executive positions (other than non-statutory SES positions)
Omit the following from Part 2:
Chief Executive of the Greyhound and Harness Racing
Regulatory Authority
Chief Executive of the Internal Audit Bureau of New South
Wales
Chief Executive Officer of the Lifetime Care and Support
Authority

[17] Schedule 2, Part 3
Insert at the end of the Part:
Chief Executive of the Rural Assistance Authority
Chief Executive of the Internal Audit Bureau

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Citations

Public Sector Employment and Management (Departmental Amalgamations) Order 2009 (NSW)

Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

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5	Establishment of Communities NSW	9
6	Amalgamation of certain Divisions with new Department	9
7	Transfer of certain other branches to new Department	10
8	Construction of references to Director of Liquor
and Gaming	11

9	Change of name of DECC	11
10	Establishment of Office of Water as a separate
office within DECCW	11
11	Transfer of certain DWE staff to DECCW	11

12	Establishment of Department of Human Services	12
13	Amalgamation of certain Divisions with new Department	12
14	Transfer of NSWbusinesslink to Department of
Human Services	13

15	Establishment of Department of Industry and Investment	13
16	Amalgamation of certain Divisions with new Department	13
17	Transfer of Film and Television Office staff to new
Department	14
18	Construction of reference to Director-General of
NSW Food Authority	14

22	Establishment of Police and Emergency Services NSW	15
23	Transfer of certain staff to new Department	15

24	Amalgamation of Ministry for Police with DPC	15
25	Amalgamation of Department of Local Government
with DPC	16
26	Ministerial responsibility for Department of Premier
and Cabinet	16

36	Establishment of Compensation Authorities Staff Division	22
37	Amalgamation of certain Divisions with new Division	22

Part 1	The Public Service
Division 1	Principal Departments
Column 1	Column 2
Name of Division	Division Head
Communities NSW	Director-General of Communities NSW
Department of Education and	Director-General of the Department
Training
Department of Environment, Climate	Director-General of the Department
Change and Water
Department of Health	Director-General of the Department
Department of Human Services	Director-General of the Department
Department of Industry and	Director-General of the Department
Investment
Department of Justice and Attorney	Director-General of the Department
General
Department of Planning	Director-General of the Department

Department of Premier and Cabinet	Director-General of the Department
Department of Services, Technology	Director-General of the Department
and Administration
Department of Transport and	Director-General of the Department
Infrastructure
The Treasury	Secretary of the Treasury

Department of	Office of the Board of	Chief Executive of the
Education and	Studies	Office
Training
Office of the Institute of	Chief Executive of the
Teachers	Institute
Department of Health	Office of the Health	*Commissioner of the
Care Complaints	Health Care Complaints
Commission	Commission
Department of	Office of the NSW Food	Director-General of the
Industry and	Authority	Department of Industry
Investment	and Investment
Office of the Rural	Director-General of the
Assistance Authority	Department of Industry and Investment
Department of Justice	Office of the Director of	*Director of Public
and Attorney General	Public Prosecutions	Prosecutions
Office of the	*Information
Information	Commissioner
Commissioner
Office of the Legal Aid	*Chief Executive
Commission	Officer of the Commission
Department of	Office of the Barangaroo	Chief Executive Officer
Planning	Delivery Authority	of the Authority
Office of the	Chief Executive Officer
Redfern–Waterloo	of the Authority
Authority
Office of the Sydney	Chief Executive Officer
Harbour Foreshore	of the Authority
Authority
Police and Emergency	Office of the New South	*Commissioner for the
Services NSW	Wales Crime	New South Wales Crime
Commission	Commission
New South Wales Fire	Commissioner of New
Brigades	South Wales Fire Brigades

Department of Premier	Office of the New South	*Electoral
and Cabinet	Wales Electoral	Commissioner
Commission
Ombudsman’s Office	*Ombudsman
Office of the Police	*Commissioner for the
Integrity Commission	Police Integrity Commission
Department of	Land and Property	Chief Executive of the
Services, Technology	Management Authority	Authority
and Administration
The Treasury	Compensation	Chief Executive of the
Authorities Staff	Division
Division

(a)	Premier,
(b)	Minister for the Arts,
(c)	Minister for Citizenship,
(d)	Minister for Community Services,
(e)	Minister for Gaming and Racing,
(f)	Minister Assisting the Premier on the Arts,
(g)	Minister for Sport and Recreation,
(h)	Minister for Tourism,

(a)	Department of the Arts, Sport and Recreation,
(b)	Office for Children,
(c)	Office of the Community Relations Commission,
(d)	Office of the Sydney Olympic Park Authority,
(e)	Office of the Sydney 2009 World Masters Games Organising Committee,
(f)	Hunter Region Sporting Venues Authority Division,
(g)	Parramatta Stadium Trust Division,
(h)	State Sports Centre Trust Division,

(2)	Each of the Divisions referred to in subclause (1) (a)–(j) is abolished as a Division of the Government Service.
(3)	In any document, a reference to any of the Divisions of the Government Service abolished under this clause is to be construed as a reference to Communities NSW.
(4)	This clause is subject to clause 17.

(2)	A reference in any document to the Department of Community Services is to be construed as a reference to Communities NSW if the reference is used in relation to the staff, or the activities or areas, referred to in subclause (1).
(3)	Transfer of certain DPC staff
The group of staff in the Department of Premier and Cabinet who, in the opinion of the Director-General of that Department, are principally involved in volunteering are removed from the Department of Premier and Cabinet and added to Communities NSW.
(4)	Transfer of staff in DPC comprising Office of Western Sydney
The group of staff in the Department of Premier and Cabinet comprising the Office of Western Sydney are removed from that Department and added to Communities NSW.
(5)	A reference in any document to the Department of Premier and Cabinet is to be construed as a reference to Communities NSW if the reference is used in relation to the staff referred to in subclauses (3) and (4).
(6)	Transfer of Western Sydney Parklands Trust staff
The group of staff employed in the Department of Planning to enable the Western Sydney Parklands Trust to exercise its functions are removed from that Department and added to Communities NSW.

(a)	Minister for Climate Change and the Environment,
(b)	Minister for Water.

(a)	Minister for Aboriginal Affairs,
(b)	Minister for Ageing,
(c)	Minister for Community Services,
(d)	Minister for Disability Services,
(e)	Minister for Housing,
(f)	Minister for Juvenile Justice.

(a)	Department of Aboriginal Affairs,
(b)	Aboriginal Housing Office Group of Staff,
(c)	Department of Ageing, Disability and Home Care,
(d)	Department of Community Services,
(e)	Housing NSW,
(f)	Department of Juvenile Justice.

(2)	Each of the Divisions referred to in subclause (1) (a)–(f) is abolished as a Division of the Government Service.
(3)	In any document, a reference to any of the Divisions of the Government Service abolished under this clause is to be construed as a reference to the Department of Human Services.
(4)	This clause is subject to clause 7 (1) and (2).

(a)	Minister for the Arts,
(b)	Minister for Energy,
(c)	Minister for Mineral Resources,
(d)	Minister Assisting the Premier on the Arts,
(e)	Minister for Primary Industries,
(f)	Minister for Regional Development,
(g)	Minister for Rural Affairs,
(h)	Minister for Science and Medical Research,

(a)	Department of Primary Industries,
(b)	Department of State and Regional Development,
(c)	Department of Water and Energy.

(3)	In any document, a reference to any of the Divisions of the Government Service abolished under this clause is to be construed as a reference to the Department of Industry and Investment.
(4)	This clause is subject to clauses 11, 29 (2)–(4) and 32 (4)–(6).

(a)	Attorney General’s Department,
(b)	Department of Corrective Services.

(3)	In any document, a reference to the Ministry for Police is to be construed as a reference to the Department of Premier and Cabinet.
(4)	This clause is subject to clause 23.

(a)	Premier,
(b)	Minister for the Central Coast,
(c)	Minister for the Hunter,
(d)	Minister for the Illawarra,
(e)	Minister for Infrastructure,
(f)	Minister for Local Government,
(g)	Minister for Police,
(h)	Minister Assisting the Premier on Veterans’ Affairs,

(j)	Minister for Regulatory Reform,
(k)	Special Minister of State,
(l)	Minister for Women.

(a)	Minister for Commerce,
(b)	Minister for Fair Trading,
(c)	Minister for Industrial Relations,
(d)	Minister for Small Business.

(a)	Department of Commerce,
(b)	Internal Audit Bureau Division.

(2)	Each of the Divisions referred to in subclause (1) (a) and (b) is abolished as a Division of the Government Service.
(3)	In any document, a reference to any of the Divisions of the Government Service abolished under this clause is to be construed as a reference to the Department of Services, Technology and Administration.
(4)	This clause is subject to clause 14.

(2)	Transfer of Retail Tenancy Unit
The Retail Tenancy Unit is removed from the Department of State and Regional Development and added to the Department of Services, Technology and Administration.