{"id":"nsw:act-2020-015","name":"Digital Restart Fund Act 2020","slug":"digital-restart-fund-act-2020","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"15 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29052,"registerId":"nsw-act-2020-015-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Digital Restart Fund Act 2020](/view/html/inforce/current/act-2020-015).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on the date of assent to this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > function includes a power, authority or duty, and exercise a function includes perform a duty.\n> > \n> > Fund means the Digital Restart Fund established under section 5.\n> > \n> > government agency means—\n> > \n> > > (a) a government sector agency within the meaning of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040), or\n> > \n> > > (b) a statutory body representing the Crown, or\n> > \n> > > (c) a State owned corporation within the meaning of the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134), or\n> > \n> > > (d) any other public authority constituted by or under an Act, or\n> > \n> > > (e) any person or body declared by the regulations to be a government agency.\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Notes included in this Act do not form part of this Act.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Object of Act","content":"#### 4 Object of Act\n\n4 Object of Act\n\n> The object of this Act is to provide funding for digital and information and communications technology initiatives—\n> \n> > (a) to improve the delivery of services by government agencies, including improving interactions between members of the public and government agencies involving digital and information and communications technology, and\n> \n> > (b) to facilitate whole of government digital transformation, including upgrading and standardising systems and processes used by government agencies, and\n> \n> > (c) to improve operational and cost efficiencies across the government sector.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Digital Restart Fund","content":"# Part 2 Digital Restart Fund\n\nPart 2 Digital Restart Fund","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Establishment of Digital Restart Fund","content":"#### 5 Establishment of Digital Restart Fund\n\n5 Establishment of Digital Restart Fund\n\n> A Digital Restart Fund is to be established in the Special Deposits Account.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Purpose of Digital Restart Fund","content":"#### 6 Purpose of Digital Restart Fund\n\n6 Purpose of Digital Restart Fund\n\n> The purpose of the Fund is to support digital and information and communications technology initiatives across the government sector, and for that purpose, to fund projects that—\n> \n> > (a) develop and implement digital and information and communications technology products or services that, for the purpose of improving the delivery of services by government agencies and related interactions—\n> > \n> > > (i) identify the actions required to be taken by an individual (or on the individual’s behalf) in respect of significant events during the individual’s life, and\n> > \n> > > (ii) record related interactions between the individual (or on the individual’s behalf) and government agencies or non-government entities or other bodies or persons connected with the delivery of services by a government agency, and\n> > \n> > > (iii) identify impediments to the delivery of related services by government agencies and develop and implement solutions to those impediments, or\n> \n> > (b) develop and implement digital and information and communications technology products or services that are capable of being used by multiple government agencies in a cost effective manner, or\n> \n> > (c) optimise existing technologies, applications, computer systems or processes used by government agencies to improve the functionality and operational life of those technologies, applications, computer systems or processes, or\n> \n> > (d) provide persons employed in or by a government agency with education, training and information relating to digital and information and communications technology.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Control and management of Digital Restart Fund","content":"#### 7 Control and management of Digital Restart Fund\n\n7 Control and management of Digital Restart Fund\n\n> The Minister is to control and manage the Fund.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Payments into Digital Restart Fund","content":"#### 8 Payments into Digital Restart Fund\n\n8 Payments into Digital Restart Fund\n\n> > (1) There is payable into the Fund the following—\n> > \n> > > (a) all money appropriated by Parliament, or advanced by the Treasurer, for the purposes of payment into the Fund,\n> > \n> > > (b) all money appropriated by Parliament to the Treasurer for the general purposes of the Government and directed by the Treasurer to be paid into the Fund,\n> > \n> > > (c) the proceeds of the investment of money in the Fund,\n> > \n> > > (d) all other money directed or authorised to be paid into the Fund by or under any Act or other law,\n> > \n> > > (e) all money received from voluntary contributions to the Fund made by a government agency or other person or body.\n> \n> > (2) To avoid doubt, money appropriated by Parliament before the commencement of this section for purposes that reflect the purpose of the Fund may be paid into the Fund.\n> \n> > (3) Money paid into the Fund under subsection (2) is taken to have been appropriated out of the Consolidated Fund for the purposes of payment into the Fund.\n> \n> > (4) Government agencies are authorised by this section to make voluntary contributions to the Fund.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Payments from Digital Restart Fund","content":"#### 9 Payments from Digital Restart Fund\n\n9 Payments from Digital Restart Fund\n\n> There is payable from the Fund the following—\n> \n> > (a) money required to fund all or part of the cost of a project that promotes the purpose of the Fund and is approved by the Minister on the recommendation of the Secretary of the Department of Customer Service,\n> \n> > (b) money required to meet administrative expenses related to the Fund,\n> \n> > (c) money directed or authorised to be paid from the Fund by or under this Act or any other Act or law.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Requirement for Minister to obtain advice","content":"#### 10 Requirement for Minister to obtain advice\n\n10 Requirement for Minister to obtain advice\n\n> Before approving the payment of money under section 9(a), the Minister must obtain and have regard to advice from the Information Commissioner and the Privacy Commissioner as to the effect, if any, that the project may have on—\n> \n> > (a) access to government information under the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052), and\n> \n> > (b) the protection of personal information under the [Privacy and Personal Information Protection Act 1998](/view/html/inforce/current/act-1998-133) or health information under the [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071).","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Investment of money in Digital Restart Fund","content":"#### 11 Investment of money in Digital Restart Fund\n\n11 Investment of money in Digital Restart Fund\n\n> > (1) The Minister may invest money in the Fund—\n> > \n> > > (a) if the Minister is a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way that the Minister is permitted to invest money under that Part, or\n> > \n> > > (b) if the Minister is not a GSF agency for the purposes of Part 6 of the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055)—in any way approved by the Treasurer.\n> \n> > (2) In this section, GSF agency has the same meaning as in the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055).","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Minister may obtain advice","content":"#### 12 Minister may obtain advice\n\n12 Minister may obtain advice\n\n> Without limiting section 10, the Minister may also, in exercising functions under this Act, obtain and have regard to advice, recommendations or other information provided to the Minister by a person or body that the Minister considers relevant.","sortOrder":13},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Delegation","content":"#### 13 Delegation\n\n13 Delegation\n\n> > (1) The Minister may delegate the exercise of any function of the Minister under this Act (other than this power of delegation) to—\n> > \n> > > (a) the head of a Public Service agency, or\n> > \n> > > (b) any other person employed in a Public Service agency.\n> \n> > (2) A delegate may subdelegate a delegated function to another person employed in a Public Service agency.\n> \n> > (3) In this section, head of a Public Service agency and Public Service agency have the same meanings as in the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Annual reports relating to Digital Restart Fund","content":"#### 14 Annual reports relating to Digital Restart Fund\n\n14 Annual reports relating to Digital Restart Fund\n\n> > (1) The Minister is to produce a report relating to the Fund each year (being a year commencing on 1 July).\n> \n> > (2) The report is to be in the form determined by the Treasurer and include the following information—\n> > \n> > > (a) details of payments into the Fund during the year to which the report relates,\n> > \n> > > (b) details of payments from the Fund during the year to which the report relates, including, where money has been paid to fund all or part of the cost of a project, the following details in respect of that project—\n> > > \n> > > > (i) the name of the project,\n> > > \n> > > > (ii) the government agency, person or body responsible for delivering the project,\n> > > \n> > > > (iii) the total cost of the project,\n> > > \n> > > > (iv) the amount of money paid from the Fund in respect of the project,\n> > > \n> > > > (v) the date on which the project was completed or is expected to be completed,\n> > > \n> > > > (vi) the objectives of the project, including any change to those objectives,\n> > > \n> > > > (vii) whether the project has or is likely to achieve those objectives,\n> > \n> > > (c) any other information determined by the Treasurer.\n> \n> > (3) The report is also to include an audit of the Fund by the Auditor-General (including a report of the Auditor-General on whether the payments from the Fund have been made in accordance with this Act).\n> \n> > (4) The report is to be made publicly available within 6 months after the end of the year to which it relates.","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Act to bind Crown","content":"#### 15 Act to bind Crown\n\n15 Act to bind Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Regulations","content":"#### 16 Regulations\n\n16 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Review of Act","content":"#### 17 Review of Act\n\n17 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing the objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the commencement of this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 6 months after the end of the period of 5 years.","sortOrder":19}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of establishing and operating a dedicated fund for government digital transformation projects. The scope has not expanded beyond the establishment of the Fund, its funding mechanisms, project approval processes, and accountability reporting."},"complexity_factors":["Short statute with only 17 sections across 3 Parts","Minimal defined terms (only 3 explicit definitions in section 3, plus incorporated definitions from other Acts)","Straightforward structural logic: establishment → purpose → payments in → payments out → reporting","Some cross-referencing to other NSW legislation (Government Sector Employment Act 2013, State Owned Corporations Act 1989, Government Sector Finance Act 2018, Government Information (Public Access) Act 2009, Privacy and Personal Information Protection Act 1998, Health Records and Information Privacy Act 2002) but these are standard machinery provisions rather than complex integration","No nested exceptions or heavily conditional drafting — the most complex provision is section 6 which lists 4 categories of eligible projects in simple disjunctive form","Standard administrative provisions (delegation, regulations, review) without unusual conditions"],"plain_english_summary":"This legislation creates a special bank account called the **Digital Restart Fund** to pay for government technology projects in New South Wales.\n\n**What it does:**\n- Establishes a dedicated pool of money (the Fund) held in the government's Special Deposits Account\n- Uses this money to fund digital and IT projects across government agencies\n\n**Who it affects:**\n- **Government agencies** — including public service departments, state-owned corporations, statutory bodies, and other public authorities (these are the organisations that can receive funding and make voluntary contributions)\n- **The public** — indirectly, through improved digital services when projects succeed\n- **The Minister** — who controls and manages the Fund\n- **The Information and Privacy Commissioners** — who must advise on privacy and information access impacts before projects are approved\n\n**What the money can be spent on:**\n- Technology that tracks a person's interactions with government throughout their life (like birth, marriage, licences)\n- Systems that multiple agencies can share cost-effectively\n- Upgrading or extending the life of existing computer systems\n- Training government staff in digital technology\n\n**Key safeguards:**\n- The Minister must get advice from the Information Commissioner and Privacy Commissioner before approving projects, specifically checking impacts on:\n  - Public access to government information (under freedom of information laws)\n  - Protection of personal and health information\n- Annual public reports must detail all payments, project costs, and whether objectives were met\n- The Auditor-General audits the Fund each year\n- The entire Act gets reviewed after 5 years\n\n**Where the money comes from:**\n- Parliamentary appropriations (budget allocations)\n- Investment returns\n- Voluntary contributions from government agencies\n- Other authorised sources"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to remain focused on its original purpose of establishing and governing the Digital Restart Fund for NSW Government digital transformation. The responsible minister and Act title are consistent with the original intent. No amendments are recorded — the legislation has remained in its original form since commencement on 3 August 2020."},"complexity_factors":["Limited legislative text was provided — primarily website metadata rather than substantive provisions, preventing full analysis","Fund administration laws typically involve eligibility criteria, governance structures, and financial accountability mechanisms that can add complexity","Interaction with broader NSW budget and financial management legislation (such as the Government Sector Finance Act 2018) may create cross-legislative dependencies","Ministerial discretion over fund allocation can create uncertainty about how money is distributed","Short Act with a narrow, specific purpose (establishing a fund) — inherently less complex than broad regulatory schemes"],"plain_english_summary":"The Digital Restart Fund Act 2020 (NSW) creates a dedicated funding pool to pay for upgrading and modernising NSW government digital systems and services. It affects agencies seeking tech funding, the residents and businesses who use online government services, and vendors delivering projects. By centralising digital investment under the Minister for Customer Service and Digital Government, the Act aims to coordinate and oversee whole‑of‑government digital transformation."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based solely on the Act text, the Fund's scope matches the Act's stated object (supporting digital and ICT initiatives to improve government service delivery and efficiency) as set out in s4 and the detailed purposes in s6. Nothing in the text expands funding purposes beyond those express provisions; payments, investment and reporting rules operate to implement that narrow scope."},"complexity_factors":["Cross-references to multiple external Acts for definitions and limits (e.g. Government Sector Employment Act 2013; Government Information (Public Access) Act 2009; Privacy and Personal Information Protection Act 1998; Government Sector Finance Act 2018) — s3, s10, s11","Ministerial discretion over control, management and approvals of Fund payments — s7, s9","Mandatory pre-approval advice requirement from Information Commissioner and Privacy Commissioner for project approvals (affects privacy/GIPA compliance) — s10","Differential investment rules depending on GSF agency status and Treasurer approval, creating conditional Treasury oversight — s11","Delegation and subdelegation pathways within the Public Service creating administrative routing and potential internal discretion — s13","Detailed reporting and audit obligations with Treasurer-determined form and public release timelines, generating compliance and transparency burdens — s14","Broad definition of 'government agency' and permitted payments in/out of the Fund, widening potential recipients and funding sources (including voluntary contributions) — s3, s8, s9","Regulatory and transitional powers for the Governor and a mandatory statutory review after five years, adding rulemaking and review complexity — s16, s17"],"plain_english_summary":"Establishes a Digital Restart Fund to pay for digital and ICT projects across government. Money may come from parliamentary appropriations, investments and voluntary contributions; the Minister controls and approves projects (after advice from the Information and Privacy Commissioners) and must report yearly with an Auditor‑General audit. This changes who decides and how digital projects are funded, creating incentives for multi‑agency or standardised solutions and imposing reporting and compliance steps on agencies seeking Fund money."}},"importantCases":[],"_links":{"self":"/api/acts/digital-restart-fund-act-2020","history":"/api/acts/digital-restart-fund-act-2020/history","analysis":"/api/acts/digital-restart-fund-act-2020/analysis","conflicts":"/api/acts/digital-restart-fund-act-2020/conflicts","importantCases":"/api/acts/digital-restart-fund-act-2020/important-cases","documents":"/api/acts/digital-restart-fund-act-2020/documents"}}