{"id":"nsw:sl-2021-0315","name":"Government Sector Audit Regulation 2021","slug":"government-sector-audit-regulation-2021","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"315 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176346,"registerId":"nsw-nsw:sl-2021-0315-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Government Sector Audit Regulation 2021](/view/html/inforce/current/sl-2021-0315).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n2 Definitions\n\n> In this Regulation—\n> \n> the Act means the [Government Sector Audit Act 1983](/view/html/inforce/current/act-1983-152).\n> \n> Note.\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) also contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Commencement","content":"#### 3 Commencement\n\n3 Commencement\n\n> This Regulation commences on 1 July 2021 and is required to be published on the NSW legislation website.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Prescribed entities","content":"#### 4 Prescribed entities\n\n4 Prescribed entities\n\n> > (1) For the purposes of the Act, section 44(1), definition of prescribed entity, paragraph (a), an entity listed in Schedule 1, Part 1 is prescribed as an entity to which the Act, Part 3, Division 4 applies.\n> \n> > (2) For the purposes of the Act, section 44(1), definition of prescribed entity, paragraph (b), a fund or account listed in Schedule 1, Part 2 is prescribed as a fund or account to which the Act, Part 3, Division 4 applies.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Repeal and savings","content":"#### 5 Repeal and savings\n\n5 Repeal and savings\n\n> > (1) The [Public Finance and Audit Regulation 2015](/view/html/repealed/current/sl-2015-0502) is repealed.\n> \n> > (2) Any Act, matter or thing, that immediately before the repeal of the [Public Finance and Audit Regulation 2015](/view/html/repealed/current/sl-2015-0502), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":4},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Prescribed entities","content":"# Schedule 1 Prescribed entities\n\nSchedule 1 Prescribed entities\n\nclause 4\n\n**sch 1:** Am 2022 No 63, Sch 3.5; 2024 (611), Sch 2\\[1\\] \\[2\\].","sortOrder":5},{"sectionNumber":"Part 1","sectionType":"part","heading":null,"content":"# Part 1\n\nPart 1\n\nAustLII Foundation Limited (ACN 134 717 972)\n\nBelgenny Farm Agricultural Heritage Centre Trust\n\nEach board of management, state conservation area trust and trust board established for a state conservation area within the meaning of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080)\n\nCowra Japanese Garden Maintenance Foundation Limited (ACN 003 720 401)\n\nCowra Japanese Garden Trust\n\nNational Art School (ACN 140 179 111)\n\nNSW Fire Brigades Superannuation Pty Limited (ACN 108 677 854)\n\nSydney Educational Broadcasting Ltd (ACN 001 684 564)\n\nThe Brett Whiteley Foundation (ACN 068 008 837)\n\nThe trustees of the Art Gallery of New South Wales Foundation\n\nThe trustees of the Farrer Memorial Research Scholarship Fund\n\nThe trustees of each superannuation scheme established by a trust deed as referred to in the [Superannuation Administration Act 1996](/view/html/inforce/current/act-1996-039), section 125\n\nUnited States Studies Centre (ACN 122 586 341)\n\nUniversities Admissions Centre (NSW & ACT) Pty Limited (ACN 070 055 935)","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":null,"content":"# Part 2\n\nPart 2\n\nCrown Employees (NSW Fire Brigades Firefighting Staff Death and Disability) Superannuation Fund\n\nThe funds for the time being under the management of the New South Wales Treasury Corporation, as trustee\n\nHome Building Compensation Fund\n\nMacquarie University Professorial Superannuation Scheme\n\nParliamentary Contributory Superannuation Fund\n\nThe superannuation fund amalgamated under the [Superannuation Administration Act 1991](/view/pdf/asmade/act-1991-96) and continued to be amalgamated under the [Superannuation Administration Act 1996](/view/html/inforce/current/act-1996-039)\n\nUniversity of Sydney Professorial Superannuation System","sortOrder":7}],"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation maintains its original narrow purpose: prescribing specific entities and funds for audit coverage under the parent Act. The lists in Schedule 1 have been amended (as noted by the amendment history), but this represents routine updating rather than scope creep."},"complexity_factors":["Only 2 defined terms ('the Act' and a note about interpretation acts)","Single operative mechanism: prescribing entities via Schedule 1 lists","No conditional logic, nested exceptions, or cross-references beyond basic statutory interpretation","Straightforward repeal and savings provision with standard continuity language","Schedule 1 consists of simple named lists without operational conditions"],"plain_english_summary":"This regulation supports the **Government Sector Audit Act 1983** (NSW) by listing which specific organisations and funds must follow special audit rules.\n\n**What it does:**\n- **Lists 'prescribed entities'** — specific organisations, trusts, and companies that must comply with Part 3, Division 4 of the Audit Act (these are mostly cultural, educational, and superannuation-related bodies)\n- **Lists 'prescribed funds'** — specific superannuation funds and government accounts that must also follow those same audit rules\n- **Repeals the old rules** — replaces the *Public Finance and Audit Regulation 2015* but keeps anything that was already happening under the old rules still valid\n\n**Who it affects:**\n- Organisations listed in Schedule 1, like the **Art Gallery of NSW Foundation**, **National Art School**, **Universities Admissions Centre**, various **superannuation funds** for firefighters and university professors, and trusts managing state conservation areas\n- These bodies now have clearer rules about how their finances get audited by the Auditor-General\n\n**Why it matters:**\nThis ensures public money held by these specific non-government bodies (like super funds for public servants or cultural foundations) is properly scrutinised, even though they're not direct government departments. It closes audit gaps for organisations that handle significant public funds or perform public functions."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no evidence of scope change from the original intent. The regulation appears to have been updated in November 2022 and December 2024 through standard amendments, which is consistent with routine maintenance of an auditing framework rather than a fundamental expansion or contraction of its original purpose. Without the full text, a definitive assessment cannot be made."},"complexity_factors":["The full substantive text of the regulation was not included in the provided document — only website metadata and status information were available, limiting detailed analysis","Regulations supporting audit legislation can involve technical accounting and administrative concepts","Multiple amendments over a short period suggest evolving requirements that practitioners must track","Interaction with the parent Act (Government Sector Audit Act 1983) and the Subordinate Legislation Act 1989 requires cross-referencing multiple instruments","Staged repeal mechanism adds a temporal complexity element for compliance planning"],"plain_english_summary":"This NSW regulation supports the Government Sector Audit Act 1983 by setting the procedural and administrative rules for how the Auditor‑General audits government agencies, public bodies, statutory corporations and the NSW Audit Office — covering audit fees, reporting and related processes. It matters because it operationalises government auditing across NSW. The regulation was updated in Nov 2022 and Dec 2024 and is scheduled to automatically expire on 1 September 2026 unless renewed."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Regulation replaces the earlier 2015 regulation but explicitly preserves prior effects (cl 5) and simply lists which entities and funds are subject to the Act (cl 4). It therefore maintains the prior statutory scope rather than expanding or narrowing audit coverage materially."},"complexity_factors":["Narrow substantive scope: mainly a schedule of prescribed entities and funds (Schedule 1).","Straightforward mechanical changes: commencement date (cl 3) and repeal with savings (cl 5).","Relies on cross‑references to the Government Sector Audit Act and Interpretation Act for operative definitions and audit powers.","Potential administrative complexity from updating or amending Schedule 1 over time (not detailed here).","Transitional continuity via savings clause preserves existing obligations, which may complicate transitions in individual cases."],"plain_english_summary":"This Regulation, commencing 1 July 2021 (cl 3), repeals the Public Finance and Audit Regulation 2015 (cl 5) and prescribes specific entities and funds to be subject to the audit provisions of the Government Sector Audit Act (cl 4). \n\nIt affects the listed bodies and funds, which must comply with the Act’s audit regime and therefore bear the administrative and audit costs; the Auditor‑General (under the Act) applies Part 3 Division 4 to those entities. A savings clause preserves pre‑existing effects (cl 5)."}},"importantCases":[],"_links":{"self":"/api/acts/government-sector-audit-regulation-2021","history":"/api/acts/government-sector-audit-regulation-2021/history","analysis":"/api/acts/government-sector-audit-regulation-2021/analysis","conflicts":"/api/acts/government-sector-audit-regulation-2021/conflicts","importantCases":"/api/acts/government-sector-audit-regulation-2021/important-cases","documents":"/api/acts/government-sector-audit-regulation-2021/documents"}}