{"id":"nsw:act-2010-076","name":"Industrial Relations Advisory Council Act 2010","slug":"industrial-relations-advisory-council-act-2010","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"76 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30879,"registerId":"nsw-act-2010-076-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 [Industrial Relations Advisory Council Act 2010](/view/html/inforce/current/act-2010-076).","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> In this Act—\n> \n> appointed member means a member referred to in section 6 (1) (d).\n> \n> Chairperson means the Chairperson of the Council.\n> \n> Council means the Industrial Relations Advisory Council established under this Act.\n> \n> exercise a function includes perform a duty.\n> \n> function includes a power, authority or duty.\n> \n> member means a member of the Council.","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 establish the Industrial Relations Advisory Council to provide, in the public interest, a regular and organised means by which representatives of the Government, employers and employees, and other persons invited by the Minister, may consult together on industrial matters of State-wide concern.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Industrial Relations Advisory Council","content":"# Part 2 Industrial Relations Advisory Council\n\nPart 2 Industrial Relations Advisory Council","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Establishment of Council","content":"#### 5 Establishment of Council\n\n5 Establishment of Council\n\n> There is established by this Act an Industrial Relations Advisory Council.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Membership of Council","content":"#### 6 Membership of Council\n\n6 Membership of Council\n\n> > (1) The Council is to consist of—\n> > \n> > > (a) the Minister, who is to be the Chairperson, and\n> > \n> > > (b) the Secretary of the Premier’s Department, and\n> > \n> > > (c) (Repealed)\n> > \n> > > (d) the following members appointed by the Minister—\n> > > \n> > > > (i) 8 members nominated by Unions NSW,\n> > > \n> > > > (ii) one member nominated by the NSW Business Chamber,\n> > > \n> > > > (iii) one member nominated by the Australian Industry Group (NSW Branch),\n> > > \n> > > > (iv) one member nominated by the Australian Federation of Employers and Industries,\n> > > \n> > > > (v) one member nominated by the Local Government and Shires Association of New South Wales,\n> > > \n> > > > (vi) one member nominated by the Catholic Commission for Employment Relations,\n> > > \n> > > > (vii) one member nominated by the Law Society of New South Wales,\n> > > \n> > > > (viii) one member nominated by the Bar Association of New South Wales,\n> > > \n> > > > (ix) one member nominated by the Master Builders Association of New South Wales.\n> \n> > (2) Nothing in this section prevents the Minister from inviting or authorising any other person to attend, or participate in, a meeting of the Council.\n> \n> > (3) Schedule 1 contains provisions relating to members of the Council.\n> \n> **s 6:** Am 2013 No 111, Sch 2.9; 2022 No 59, Sch 2.22\\[1\\] \\[2\\]; 2023 No 35, Sch 4.21.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Functions of Council","content":"#### 7 Functions of Council\n\n7 Functions of Council\n\n> The functions of the Council are as follows—\n> \n> > (a) to assist the Minister in formulating, and to advise the Minister on implementing, policies affecting industrial relations and employment in the State,\n> \n> > (b) to advise the Minister on legislative proposals of industrial significance,\n> \n> > (c) to consider matters referred to the Council by the Minister or members of the Council.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Committees of Council","content":"#### 8 Committees of Council\n\n8 Committees of Council\n\n> > (1) The Council may establish committees for specified purposes to assist it in connection with the exercise of its functions.\n> \n> > (2) A committee must include at least one member of the Council.\n> \n> > (3) The procedure for the calling of meetings of a committee and for the conduct of business at those meetings is to be determined by the Council or, subject to any determination of the Council, by the committee.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Confidentiality","content":"#### 9 Confidentiality\n\n9 Confidentiality\n\n> > (1) The views expressed by individual members of the Council (as distinct from the views or decision of the Council as a whole) must be kept confidential.\n> \n> > (2) However, this section does not prevent an appointed member from reporting to the body on whose nomination the member was appointed on the views expressed at a meeting of the Council.\n> \n> > (3) There must be no public announcement of a view or decision reached by the Council unless the Council resolves that the announcement should be made.\n> \n> > (4) Without limiting the generality of clause 3 (3) of Schedule 1, the Minister may remove an appointed member from office if the member contravenes this section.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Regulations","content":"#### 10 Regulations\n\n10 Regulations\n\n> 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.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Review of Act","content":"#### 11 Review of Act\n\n11 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 those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":13},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Provisions relating to members of Council","content":"# Schedule 1 Provisions relating to members of Council\n\nSchedule 1 Provisions relating to members of Council\n\n**sch 1:** Am 2022 No 59, Sch 2.22\\[1\\] \\[2\\]; 2023 No 35, Sch 4.21.","sortOrder":14}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The existence of three amendment points (2014, January 2023, and October 2023) suggests the scope or composition of the Council has been modified from its original 2010 form, though the substantive provisions are not included in the supplied text so the precise nature of those changes cannot be determined."},"complexity_factors":["The legislation content provided is almost entirely metadata, navigation elements, and status information — the substantive provisions of the Act are not included in the supplied text","Governance/advisory body legislation of this type is generally straightforward in structure","Multiple amendments over time (2014, January 2023, October 2023) add minor complexity but the core purpose appears consistent","Limited technical legal terminology expected in this type of short enabling Act"],"plain_english_summary":"The Act creates the Industrial Relations Advisory Council, a formal advisory body that advises the NSW Government and Minister for Industrial Relations on workplace relations, wages policy and related laws. It affects employers, workers and the government by providing structured, ongoing consultation through council members drawn from employer groups, unions and experts. The Act has been amended several times, reflecting adjustments to the Council’s role and structure."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing a tripartite advisory body for industrial relations consultation. The amendments noted (2013, 2022, 2023) appear to be minor technical updates to membership provisions rather than scope expansion."},"complexity_factors":["Short statute (11 sections plus a short schedule)","Only 6 defined terms in the interpretation section","Minimal cross-referencing (primarily internal references to section 6 and Schedule 1)","Straightforward conditional logic with simple exceptions (e.g., confidentiality provisions with one carve-out for reporting back to nominating bodies)","Standard administrative provisions (appointment, removal, vacancies, meetings) without nested conditions","No complex temporal provisions or sunset clauses beyond the standard 5-year review requirement"],"plain_english_summary":"**What this law does:**\n\nThis Act creates the **Industrial Relations Advisory Council** — a formal body where the NSW Government, employer groups, and unions can sit down together to talk about workplace issues affecting the whole state.\n\n**Who's on the Council:**\n\n- The **Minister** (who chairs the meetings)\n- The **Secretary of the Premier's Department**\n- **14 appointed members** representing specific groups:\n  - 8 from Unions NSW\n  - 1 each from: NSW Business Chamber, Australian Industry Group, Australian Federation of Employers and Industries, Local Government and Shires Association, Catholic Commission for Employment Relations, Law Society, Bar Association, and Master Builders Association\n\nThe Minister can also invite others to attend meetings.\n\n**What the Council actually does:**\n\n- Helps the Minister develop policies on work and employment\n- Advises on new workplace laws\n- Looks at issues the Minister or members raise\n\n**Key rules:**\n\n- Individual members' opinions stay **confidential** (though they can report back to their own organisations)\n- The Council decides when to go public with its views\n- Members can be removed for breaking confidentiality or other reasons\n- The Council must meet at least **twice a year**\n- Members serve up to **3-year terms** and can be reappointed\n\n**Why it matters:**\n\nThis creates a structured way for government, bosses, and workers to consult each other before making big decisions about workplace laws. It's essentially a permanent \"round table\" for industrial relations in NSW."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act's core object—to establish a consultative council (s4)—remains. However, amendment notations in s6 and Sch 1 (Am 2013, 2022, 2023) indicate changes to membership provisions and related Schedule clauses. Those amendments adjusted who participates and the composition of appointed members, altering the operational scope of representation while leaving the Act's primary purpose intact."},"complexity_factors":["Detailed, prescribed membership nominations from multiple named organisations (s6(1)(d)) which requires coordination with external bodies.","Substantial ministerial discretion over appointment and removal of appointed members (s6(1)(d), Sch 1 cl 3(2)–(3)).","Confidentiality restrictions on individual views and limits on public announcements, with removal power for breaches (s9).","Procedural rules set by the Council but subject to the Act and regulations, creating layered governance (Sch 1 cl 5; s10).","Minimum meeting frequency and a specific quorum requirement that must include the Minister and Secretary (Sch 1 cl 6–7).","Provisions for deputies, terms (up to 3 years), vacancy rules and reappointment affecting continuity and administrative workload (Sch 1 cl 1–4).","Power to establish committees and delegate work, introducing potential complexity in internal governance (s8).","Statutory review requirement after 5 years imposing a monitoring and reporting obligation on the Minister (s11)."],"plain_english_summary":"The Act creates the Industrial Relations Advisory Council as a permanent forum for the Minister, government officials, employer and employee representatives and invited persons to consult on state-wide industrial relations and employment policy (s4). The State runs the Council; most members are nominated by specified organisations and appointed or removed by the Minister (s6, Sch 1). The Council advises on policies and legislation and is governed by confidentiality, meeting and committee rules (ss7–9, Sch 1)."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/industrial-relations-advisory-council-act-2010","history":"/api/acts/industrial-relations-advisory-council-act-2010/history","analysis":"/api/acts/industrial-relations-advisory-council-act-2010/analysis","conflicts":"/api/acts/industrial-relations-advisory-council-act-2010/conflicts","importantCases":"/api/acts/industrial-relations-advisory-council-act-2010/important-cases","documents":"/api/acts/industrial-relations-advisory-council-act-2010/documents"}}