New South Wales regulation

Administrative Arrangements (58th Parliament) Order 2023

In ForceNSW

Jurisdiction

New South Wales

Act Number

137 of 2023

Collection

regulation

Plain English Summary

7/10 complexity

Orders renaming departments, creating or abolishing agencies, transferring branches and staff, and remapping existing statutory, contractual or administrative references to their new holders. It affects Ministers, public service agencies, employees and any document that names them because it legally redirects which office holds particular functions and instructs courts, agencies and counterparties how to read existing laws and agreements.

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What it does

This instrument is an Administrative Arrangements Order and consequential construction order that mechanically reallocates, renames, establishes and abolishes Public Service agencies, transfers specified parts (including staff) between agencies, and prescribes how existing references in legislation, instruments and documents are to be read following those changes. The order commenced on 5 April 2023 (s 2). It defines "document" broadly to include Acts, statutory and other instruments and any contract or agreement (s 3). The order operates predominantly by (a) renaming departments (for example, Department of Premier and Cabinet becomes the Premier’s Department, s 10), (b) transferring specified branches, groups or teams from one department or staff agency to another (for example the Hawkesbury-Nepean Valley Flood Risk Management Directorate to the NSW Reconstruction Authority Staff Agency, s 13; Environment and Heritage Group and Water Group to the Department of Climate Change, Energy, the Environment and Water, s 21), (c) establishing new Public Service agencies (for example Corrective Services NSW, s 43; SafeWork NSW Agency, s 51; NSW Early Learning Commission, s 57), (d) abolishing named staff agencies (for example Destination NSW Staff Agency, s 28) or the Public Service Commission (s 35), and (e) declaring how references in existing documents and statutes are to be read after those organisational changes (see numerous construction provisions: s 3A, s 6, s 12, s 17, s 22, s 27, s 36, s 37, s 39-41 and others).

Legally the order functions as a deeming and interpretive instrument. It does not generally create new operational duties or regulatory content; rather it changes which agency or office-holder is to be treated as the relevant legal addressee or actor for provisions already in force. The order contains both broad rules (for example, that a reference to an abolished agency, other than in relation to specified parts, is to be read as a reference to its successor, s 3A(1)) and many specific, provision-by-provision mappings in tables (for example, the table in s 12 mapping particular provisions to different agencies or secretaries). Some mappings are conditional: a reference may be read differently "if used in relation to" a particular part or function (see s 12(1), s 22(1), s 37(1) and many others).

Current sections

Direct links to the current provisions in Administrative Arrangements (58th Parliament) Order 2023.

Part 1

Preliminary

Part 1 Preliminary

Name of order

1 Name of order

This order is the Administrative Arrangements (58th Parliament) Order 2023.

Commencement

2 Commencement

This order commences on 5 April 2023.

Definitions

3 Definitions

In this order—

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

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

Note—

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

Part 1A

Construction of references after transfers

Part 1A Construction of references after transfers

pt 1A: Ins 2024 (338), Sch 1[1].

Construction of references to certain Public Service agencies

3A Construction of references to certain Public Service agencies

(1) If the Governor abolishes a Public Service agency and transfers all parts of the abolished agency, or all parts other than specified parts, to another Public Service agency, a reference in a document to the abolished agency, other than a reference in relation to the specified parts, must be read as a reference to the successor agency.

(2) If the Governor transfers a part or parts of a Public Service agency (the transferor agency) to another Public Service agency (the transferee agency), a reference in a document—

(a) to the transferor agency, in relation to the transferred part or parts, must be read as a reference to the transferee agency, and

(b) to the head of the transferor agency, however described, in relation to the transferred part or parts, must be read as a reference to the head of the transferee agency.

(3) To avoid doubt, subsection (2) applies even if the transferor agency is abolished.

(4) If the Governor renames a Public Service agency, a reference in a document to the old name of the Public Service agency must be read as a reference to the new name of the Public Service agency.

(5) In this section—

head, of a Public Service agency, has the same meaning as in the Government Sector Employment Act 2013.

Note—

The Constitution Act 1902, section 50D(3) provides that, if the Governor abolishes a Public Service agency, the Public Service agency to which the Governor transfers all parts of the abolished agency, or all parts other than specified parts, is taken for all purposes to be the successor of the abolished agency.

s 3A: Ins 2024 (338), Sch 1[1].

Application of part

3B Application of part

This part does not apply to a transfer, abolition or renaming that occurred before its commencement.

s 3B: Ins 2024 (338), Sch 1[1].

Part 2

Provisions consequent on making of Administrative Arrangements (Minns Ministry—Administration of Acts) Order 2023

Part 2 Provisions consequent on making of Administrative Arrangements (Minns Ministry—Administration of Acts) Order 2023

Repeal of Administrative Arrangements (Interim Ministerial Changes) Order 2023

4 Repeal of Administrative Arrangements (Interim Ministerial Changes) Order 2023

The Administrative Arrangements (Interim Ministerial Changes) Order 2023 is repealed.

Note—

The Administrative Arrangements (Interim Ministerial Changes) Order 2023 commenced on 28 March 2023.

It is replaced by this order and the Administrative Arrangements (Minns Ministry—Administration of Acts) Order 2023.

Before its repeal it provided that, that in any document, a reference to any Minister of a specified description, other than the Premier or the Deputy Premier, was to be construed as a reference to any of the following Ministers—

(a) Premier,

(b) Deputy Premier,

(c) Minister for Education and Early Learning,

(d) Minister for the Environment,

(e) Minister for Heritage,

(f) Special Minister of State,

(g) Minister for Roads,

(h) Minister for the Arts,

(i) Minister for Night-time Economy and Music,

(j) Treasurer,

(k) Minister for the Gig Economy,

(l) Minister for Health and Regional Health,

(m) Minister for Mental Health,

(n) Minister for the Illawarra and South Coast,

(o) Minister for Transport,

(p) Attorney General.

Construction of references to interim Ministers

5 Construction of references to interim Ministers

(1) A reference in a document, made or entered into during the interim period, to an interim Minister is, if used in or in relation to an Act referred to in the Administrative Arrangements (Minns Ministry—Administration of Acts) Order 2023, to be read as a reference to the Minister to whom the administration of the Act is allocated by that order.

(2) In this section—

interim Minister means a Minister referred to in the Administrative Arrangements (Interim Ministerial Changes) Order 2023, section 4(a)–(p).

interim period means the period commencing on 28 March 2023 and ending on the commencement of this section.

Construction of references to Ministers

6 Construction of references to Ministers

(1) A reference in a document to a Minister specified in the following Table, column 1, or to a Minister in the circumstances specified in column 1, is to read as a reference to the corresponding Minister in the Table, column 2.

(2) To avoid doubt, references to the Ministers specified in column 1 are references required by the Administrative Arrangements (Interim Ministerial Changes) Order 2023 to be read as a reference to any Minister referred to in that order.

| Table | | | Old references | New references | | Attorney General— | | | (a) if used in or in relation to legislation administered by the Special Minister of State, whether solely or jointly | (a) a Minister administering the legislation | | (b) if used in or in relation to legislation administered by the Minister for Sport | (b) the Minister for Sport | | (c) in other cases | (c) the Attorney General | | Minister for Women | Minister for Women | | Minister for Employee Relations | Minister for Industrial Relations | | Minister for Aboriginal Affairs | Minister for Aboriginal Affairs and Treaty | | Minister for Regional New South Wales— | | | (a) if used in or in relation to legislation administered by the Minister for the Environment | (a) a Minister administering the legislation | | (b) if used in or in relation to legislation administered by the Minister for Natural Resources | (b) the Minister for Natural Resources | | (c) if used in or in relation to legislation administered by the Minister for Emergency Services | (c) the Minister for Emergency Services | | (d) if used in or in relation to legislation administered by the Minister for Planning and Public Spaces | (d) the Minister for Planning and Public Spaces | | (e) in other cases | (e) the Minister for Regional New South Wales | | Minister for Agriculture— | | | (a) if used in or in relation to legislation administered by the Minister for Lands and Property | (a) the Minister for Lands and Property | | (b) in other cases | (b) the Minister for Agriculture | | Minister for Western New South Wales | Minister for Western New South Wales | | Minister for Regional Youth | Minister for Youth | | Minister for Enterprise, Investment and Trade— | | | (a) if used in or in relation to legislation administered by the Minister for the Arts | (a) the Minister for the Arts | | (b) if used in or in relation to legislation administered by the Minister for Planning and Public Spaces | (b) the Minister for Planning and Public Spaces | | (c) in other cases | (c) the Minister for Jobs and Tourism | | Minister for Sport | Minister for Sport | | Minister for Science, Innovation and Technology | Minister for Innovation, Science and Technology | | Minister for Western Sydney | Minister for Western Sydney | | Minister for Hospitality and Racing— | | | (a) if used in or in relation to legislation administered by the Minister for Music and the Night-time Economy | (a) the Minister for Music and the Night-time Economy | | (b) in other cases | (b) the Minister for Gaming and Racing | | Minister for the Arts | Minister for the Arts | | Minister for Tourism | Minister for Jobs and Tourism | | Treasurer— | | | (a) if used in or in relation to legislation administered by the Minister for Work Health and Safety, whether solely or jointly | (a) a Minister administering the legislation | | (b) in other cases | (b) the Treasurer | | Minister for Energy | Minister for Energy | | Minister for Finance | Minister for Finance | | Minister for Health | Minister for Health | | Minister for Regional Health | Minister for Regional Health | | Minister for Mental Health | Minister for Mental Health | | Minister for Education and Early Learning | Minister for Education and Early Learning | | Minister for Skills and Training | Minister for Skills, TAFE and Tertiary Education | | Minister for Police | Minister for Police and Counter-terrorism | | Minister for Veterans | Minister for Veterans | | Minister for Women’s Safety and the Prevention of Domestic and Sexual Violence | Minister for the Prevention of Domestic Violence and Sexual Assault | | Minister for Corrections | Minister for Corrections | | Minister for Families and Communities— | | | (a) if used in or in relation to legislation administered by the Minister for Youth Justice | (a) the Minister for Youth Justice | | (b) if used in or in relation to legislation administered by the Minister for Youth | (b) the Minister for Youth | | (c) if used in or in relation to legislation administered by the Minister for Housing | (b) a Minister administering the legislation | | (d) in other cases | (d) the Minister for Families and Communities | | Minister for Disability Services | Minister for Disability Inclusion | | Minister for Emergency Services and Resilience | Minister for Emergency Services | | Minister for Flood Recovery | Minister for Emergency Services | | Minister for Multiculturalism | Minister for Multiculturalism | | Minister for Seniors | Minister for Seniors | | Minister for Infrastructure— | | | (a) if used in or in relation to legislation administered by the Minister for Transport | (a) the Minister for Transport | | (b) if used in or in relation to legislation administered by the Treasurer, whether solely or jointly | (b) a Minister administering the legislation | | (c) in other cases | (c) the Minister for Lands and Property | | Minister for Cities | Minister for Planning and Public Spaces | | Minister for Active Transport | Minister for Transport | | Minister for Transport | Minister for Transport | | Minister for Metropolitan Roads | Minister for Roads | | Minister for Regional Transport and Roads | Minister for Regional Transport and Roads | | Minister for Customer Service and Digital Government— | | | (a) if used in or in relation to legislation administered by the Premier | (a) the Premier | | (b) if used in or in relation to legislation administered by the Minister for Work Health and Safety, whether solely or jointly | (b) a Minister administering the legislation | | (c) if used in or in relation to legislation administered by the Minister for Finance, whether solely or jointly | (c) a Minister administering the legislation | | (d) in other cases | (d) the Minister for Customer Service and Digital Government | | Minister for Small Business | Minister for Small Business | | Minister for Fair Trading— | | | (a) if used in or in relation to legislation administered by the Minister for Work Health and Safety | (a) the Minister for Work Health and Safety | | (b) if used in or in relation to legislation administered by the Minister for Building | (b) a Minister administering the legislation | | (c) in other cases | (c) the Minister for Better Regulation and Fair Trading | | Minister for Planning— | | | (a) if used in or in relation to legislation administered by the Premier | (a) the Premier | | (b) (Repealed) | (b) (Repealed) | | (c) Minister for Planning and Public Spaces | (c) a Minister administering the legislation | | (d) in other cases | (d) the Minister for Planning and Public Spaces | | Minister for Homes— | | | (a) if used in or in relation to legislation administered by the Minister for Lands and Property | (a) the Minister for Lands and Property | | (b) in other cases | (b) the Minister for Housing | | Minister for Lands and Water— | | | (a) if used in or in relation to legislation administered by the Minister for Water | (a) the Minister for Water | | (b) in other cases | (b) the Minister for Lands and Property | | Minister for Environment and Heritage— | | | (a) if used in or in relation to legislation administered by the Minister for Heritage | (a) the Minister for Heritage | | (b) in other cases | (b) the Minister for the Environment | | Minister for Local Government— | | | (a) if used in or in relation to legislation administered by the Minister for the Environment | (a) a Minister administering the legislation | | (b) in other cases | (b) the Minister for Local Government |

s 6: Am 2023 (236), Sch 4[1]–[7].

Construction of reference in Appropriation Act 2022

7 Construction of reference in Appropriation Act 2022

A reference in the Appropriation Act 2022 to the Minister for Infrastructure, required by the Administrative Arrangements (Interim Ministerial Changes) Order 2023 to be read as a reference to any Minister referred to in that order, section 4(a)–(p), is to be read as a reference to the Minister for Transport.

Part 3

Provision consequent on making of Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 3) 2023

Part 3 Provision consequent on making of Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 3) 2023

pt 3: Ins 2023 (236), Sch 4[8].

Construction of certain references to Ministers

8 Construction of certain references to Ministers

(1) A reference in a document, made or entered into during the relevant period, to a relevant Minister is, if used in or in relation to an Act allocated to the Minister during the relevant period, to be read as a reference to a Minister to whom the administration of the Act is allocated by the Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 3) 2023.

(2) In this section—

relevant Minister means a Minister omitted from an entry in section 6, Table, column 2 by the Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 3) 2023, Schedule 4.

relevant period means the period commencing on 5 April 2023 and ending on the commencement of this section.

s 8: Ins 2023 (236), Sch 4[8].

Part 4

Provisions consequent on making of Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 4) 2023

Part 4 Provisions consequent on making of Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 4) 2023

pt 4: Ins 2023 (316), Sch 1[1].

Definition

9 Definition

In this part—

transferred part—see section 11.

s 9: Ins 2023 (316), Sch 1[1].

Renaming of Department of Premier and Cabinet

10 Renaming of Department of Premier and Cabinet

The name of the Department of Premier and Cabinet is changed to the Premier’s Department.

s 10: Ins 2023 (316), Sch 1[1].

Transfer of parts of Department of Premier and Cabinet to the Cabinet Office

11 Transfer of parts of Department of Premier and Cabinet to the Cabinet Office

(1) The following parts of the Department of Premier and Cabinet (a transferred part) are transferred to the Cabinet Office—

(a) Office of General Counsel,

(b) Policy Group, other than the following parts—

(i) WestInvest,

(ii) Emergency Management branch,

(iii) Women NSW,

(iv) Flood Inquiry Project Management Office,

(c) the Shaping Futures branch of the Community Engagement Group.

(2) In this section—

Department of Premier and Cabinet means the Department of that name immediately before the commencement of this order.

s 11: Ins 2023 (316), Sch 1[1].

Construction of references to Department of Premier and Cabinet and Secretary of Department of Premier and Cabinet

12 Construction of references to Department of Premier and Cabinet and Secretary of Department of Premier and Cabinet

(1) A reference in a document to the Department of Premier and Cabinet is to be read as—

(a) if used in relation to a transferred part—the Cabinet Office, or

(b) otherwise—the Premier’s Department.

(2) A reference in a document to the Secretary of the Department of Premier and Cabinet is to be read as—

(a) if used in relation to a transferred part—the Secretary of the Cabinet Office, or

(b) otherwise—the Secretary of the Premier’s Department.

(3) An existing reference in a document if used in, or in relation to, a provision of an Act or instrument specified in the table to this section is to be read as a reference to the corresponding new reference set out in the table.

(4) Subsection (3) prevails to the extent of an inconsistency with subsections (1) and (2).

Table

| Provision of Act or instrument | Existing reference | New reference | | Anzac Memorial (Building) Act 1923, section 9A | the Department of Premier and Cabinet | the Department of Communities and Justice | | Children’s Guardian Act 2019, section 51(2)(c) | Secretary of the Department of Premier and Cabinet | Secretary of the Premier’s Department | | Coroners Act 2009, section 101E(3)(a) | the Department of Premier and Cabinet | the Premier’s Department | | Electoral Act 2017, section 111 | Secretary of the Department of Premier and Cabinet | Secretary of the Cabinet Office | | Electricity Network Assets (Authorised Transactions) Act 2015, section 8(3) and (6), definition of Price Commissioner | Secretary of the Department of Premier and Cabinet | Secretary of the Cabinet Office | | Environmental Planning and Assessment Act 1979, section 9.2 | Secretary of the Department of Premier and Cabinet | Secretary of the Premier’s Department | | Government Information (Information Commissioner) Act 2009, section 24(1)(c) | Secretary of the Department of Premier and Cabinet | Secretary of the Premier’s Department | | Government Information (Public Access) Regulation 2018, Schedule 3 | Department of Premier and Cabinet | Department of Enterprise, Investment and Trade | | Government Sector Employment Act 2013, sections 18, 49, definition of Industrial Relations Secretary and note and 83(1), definition of DPC Secretary | Secretary of the Department of Premier and Cabinet | Secretary of the Premier’s Department | | Government Sector Employment (General) Rules 2014, rule 52(5), definition of DPC Secretary | Secretary of the Department of Premier and Cabinet | Secretary of the Premier’s Department | | Greater Cities Commission Act 2022, sections 6(1)(d)(i) and 12(4), definition of authorised person or body, paragraph (f) | the Department of Premier and Cabinet | the Cabinet Office | | Independent Commission Against Corruption Regulation 2017, Schedule to the NSW Ministerial Code of Conduct | Secretary of the Department of Premier and Cabinet | Secretary of the Cabinet Office | | Infrastructure NSW Act 2011, section 8(2)(d) | Secretary of the Department of Premier and Cabinet | Secretary of the Cabinet Office | | Jobs for NSW Act 2015, section 5(2)(d) | Secretary of the Department of Premier and Cabinet | Secretary of the Premier’s Department | | Local Government Act 1993, section 400J(2)(c) and 400T(2)(a) | Secretary of the Department of Premier and Cabinet | Secretary of the Premier’s Department | | Local Government (General) Regulation 2021, section 112(2)(a)(iv) | Secretary of the Department of Premier and Cabinet | Secretary of the Premier’s Department | | Members of Parliament Staff Act 2013, section 10 and Schedule 2, clause 8(2) | Secretary of the Department of Premier and Cabinet | Secretary of the Premier’s Department | | Members of Parliament Staff Act 2013, Schedule 2, clauses 7(1) and 8(1) | the Department of Premier and Cabinet | the Premier’s Department | | Music Festivals Act 2019, section 15(a)(i) | the Department of Premier and Cabinet | the Cabinet Office | | Parliamentary Budget Officer Act 2010, section 16 | the Department of Premier and Cabinet | the Cabinet Office | | Payroll Tax Act 2007, section 66F(12), definition of Jobs Plus administrator, paragraph (c) | the Department of Premier and Cabinet | the Premier’s Department | | Public Health Regulation 2022, section 92(1)(d)(ii) | Secretary of the Department of Premier and Cabinet | Secretary of the Department of Planning and Environment | | Road Transport (General) Regulation 2021, Schedule 4, definition of Class 6 officer, paragraph (b) | the Department of Premier and Cabinet | the Department of Planning and Environment | | State Environmental Planning Policy (Transport and Infrastructure) 2021, section 3.21(10)(b) | Secretary of the Department of Premier and Cabinet | Secretary of the Department of Planning and Environment | | State Records Act 1998, section 7(4A) | the Department of Premier and Cabinet | the Cabinet Office | | State Records Act 1998, section 16(1) | Secretary of the Department of Premier and Cabinet | Secretary of the Cabinet Office | | Statutory and Other Offices Remuneration Act 1975, section 7(1)(a) | Secretary of the Department of Premier and Cabinet | Secretary of the Premier’s Department | | Victims Rights and Support Act 2013, section 112A(3), definition of victims rights agency, paragraph (c) | the Department of Premier and Cabinet | the Cabinet Office |

s 12: Ins 2023 (316), Sch 1[1].

Transfer of Hawkesbury-Nepean Valley Flood Risk Management Directorate and Northern Rivers Reconstruction Corp Division to NSW Reconstruction Authority Staff Agency

13 Transfer of Hawkesbury-Nepean Valley Flood Risk Management Directorate and Northern Rivers Reconstruction Corp Division to NSW Reconstruction Authority Staff Agency

(1) The Hawkesbury-Nepean Valley Flood Risk Management Directorate in the Infrastructure NSW Staff Agency is transferred to the NSW Reconstruction Authority Staff Agency.

(2) The Northern Rivers Reconstruction Corp Division of the Department of Regional NSW is transferred to the NSW Reconstruction Authority Staff Agency.

s 13: Ins 2023 (316), Sch 1[1].

Construction of references following transfer of Hawkesbury-Nepean Valley Flood Risk Management Directorate and Northern Rivers Reconstruction Corp Division to NSW Reconstruction Authority Staff Agency

14 Construction of references following transfer of Hawkesbury-Nepean Valley Flood Risk Management Directorate and Northern Rivers Reconstruction Corp Division to NSW Reconstruction Authority Staff Agency

14 Construction of references following transfer of Hawkesbury-Nepean Valley Flood Risk Management Directorate and Northern Rivers Reconstruction Corp Division to NSW Reconstruction Authority Staff Agency

(1) A reference in a document to the Infrastructure NSW Staff Agency, if used in relation to the Hawkesbury-Nepean Valley Flood Risk Management Directorate, is to be read as a reference to the NSW Reconstruction Authority Staff Agency.

(2) A reference in a document to the Department of Regional NSW, if used in relation to the Northern Rivers Reconstruction Corp Division, is to be read as a reference to the NSW Reconstruction Authority Staff Agency.

s 14: Ins 2023 (316), Sch 1[1].

Part 5

Provisions consequent on making of Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 5) 2023

Part 5 Provisions consequent on making of Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 5) 2023

pt 5: Ins 2023 (345), Sch 1.

Transfers to Department of Planning and Environment

15 Transfers to Department of Planning and Environment

The following are transferred to the Department of Planning and Environment—

(a) all parts of the following Public Service agencies—

(i) Greater Cities Commission Staff Agency,

(ii) Western Parkland City Authority Staff Agency,

(b) the parts of the Department of Transport that enable the following to exercise functions—

(i) Centennial Park and Moore Park Trust,

(ii) Greater Sydney Parklands Trust,

(iii) Luna Park Reserve Trust,

(iv) Parramatta Park Trust,

(v) Place Management NSW,

(vi) Royal Botanic Gardens and Domain Trust,

(vii) Western Sydney Parklands Trust.

s 15: Ins 2023 (345), Sch 1.

Abolition of staff agencies

16 Abolition of staff agencies

The following Public Service agencies are abolished—

(a) Greater Cities Commission Staff Agency,

(b) Western Parkland City Authority Staff Agency.

s 16: Ins 2023 (345), Sch 1.

Construction of references to abolished staff agencies and transferred parts

17 Construction of references to abolished staff agencies and transferred parts

(1) A reference in a document to either of the following is to be read as a reference to the Department of Planning and Environment—

(a) Greater Cities Commission Staff Agency,

(b) Western Parkland City Authority Staff Agency.

(2) A reference in a document to the Department of Transport is, if used in relation to a part transferred by section 15(b), to be read as a reference to the Department of Planning and Environment.

(3) The reference in the Place Management NSW Act 1998, section 29(2)(b) to the Secretary of the Department of Planning and Environment, required by the Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 2) 2022, clause 9 to be read as a reference to the Secretary of the Department of Transport, is to be read as a reference to the Secretary of the Department of Planning and Environment.

s 17: Ins 2023 (345), Sch 1.

Part 6

Provisions consequent on making of Administrative Arrangements (Administrative Changes—Minister for Domestic Manufacturing and Government Procurement) Order 2023

Part 6 Provisions consequent on making of Administrative Arrangements (Administrative Changes—Minister for Domestic Manufacturing and Government Procurement) Order 2023

pt 6: Ins 2023 (544), Sch 1.

Construction of references to Minister for Finance

18 Construction of references to Minister for Finance

(1) A reference in a document to the Minister for Finance, if used in relation to the following Acts or provisions, is to be read as a reference to the Minister for Better Regulation and Fair Trading—

(a) Associated General Contractors Insurance Company Limited Act 1980,

(b) Bishopsgate Insurance Australia Limited Act 1983,

(c) Home Building Act 1989, Parts 6, 6A, 6B and 6C,

(d) Insurance Protection Tax Act 2001,

(e) Motor Accident Injuries Act 2017,

(f) Motor Accidents Act 1988,

(g) Motor Accidents Compensation Act 1999,

(h) Personal Injury Commission Act 2020, except sections 7(4), 8–10, 14 and 15, Schedule 1, clause 7 and Schedule 2, clauses 1–14, 16 and 17,

(i) State Insurance and Care Governance Act 2015, except Part 2 and Schedules 1 and 2, and Parts 1 and 4 and Schedule 4 in so far as they relate to Insurance and Care NSW,

(j) Workers Compensation Act 1987, except Part 4 and Part 7, Division 1A,

(k) Workplace Injury Management and Workers Compensation Act 1998.

(2) A reference in a document to the Minister for Finance, if used in relation to the Public Works and Procurement Act 1912, Part 11 and the Fifth Schedule, is to be read as a reference to the Minister for Domestic Manufacturing and Government Procurement.

s 18: Ins 2023 (544), Sch 1.

Construction of references to Minister for Better Regulation and Fair Trading

19 Construction of references to Minister for Better Regulation and Fair Trading

(1) A reference in a document to the Minister for Better Regulation and Fair Trading, if used in relation to the Entertainment Industry Act 2013, is to be read as a reference to the Minister for the Arts.

(2) A reference in a document to the Minister for Better Regulation and Fair Trading, if used in relation to the Hairdressers Act 2003, is to be read as a reference to the Minister for Industrial Relations.

s 19: Ins 2023 (544), Sch 1.

Part 7

Provisions consequent on making of Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 6) 2023

Part 7 Provisions consequent on making of Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 6) 2023

pt 7: Ins 2023 (648), Sch 1.

Division 1

Transfers to Department of Climate Change, Energy, the Environment and Water

Division 1 Transfers to Department of Climate Change, Energy, the Environment and Water

pt 7, div 1, hdg: Ins 2023 (648), Sch 2[1].

Renaming of Department of Planning and Environment

20 Renaming of Department of Planning and Environment

(1) The name of the Department of Planning and Environment is changed to the Department of Planning, Housing and Infrastructure.

(2) In this part—

Department of Planning and Environment means the department of that name immediately before the commencement of this section.

s 20: Ins 2023 (648), Sch 1.

Transfer of parts of Department of Planning and Environment and Treasury to Department of Climate Change, Energy, the Environment and Water and Environment Protection Authority Staff Agency

21 Transfer of parts of Department of Planning and Environment and Treasury to Department of Climate Change, Energy, the Environment and Water and Environment Protection Authority Staff Agency

(1) The Environment and Heritage Group and the Water Group are transferred from the Department of Planning and Environment to the Department of Climate Change, Energy, the Environment and Water.

(2) The Office of Energy and Climate Change is transferred from the Treasury to the Department of Climate Change, Energy, the Environment and Water.

(3) The Environment line team in the Corporate Services Group are transferred from the Department of Planning and Environment to the Environment Protection Authority Staff Agency.

s 21: Ins 2023 (648), Sch 1.

Construction of references to Department of Planning and Environment and Secretary of Department of Planning and Environment

22 Construction of references to Department of Planning and Environment and Secretary of Department of Planning and Environment

(1) A reference in a document to the Department of Planning and Environment must be read as a reference to—

(a) if used in relation to the Environment and Heritage Group or the Water Group—the Department of Climate Change, Energy, the Environment and Water, or

(b) if used in relation to the Environment line team in the Corporate Services Group—the Environment Protection Authority Staff Agency, or

(c) otherwise—the Department of Planning, Housing and Infrastructure.

(2) A reference in a document to the Secretary of the Department of Planning and Environment must be read as a reference to—

(a) if used in relation to the Environment and Heritage Group or the Water Group—the Secretary of the Department of Climate Change, Energy, the Environment and Water, or

(b) if used in relation to the Environment line team in the Corporate Services Group—the Chief Executive Officer of the Environment Protection Authority, or

(c) otherwise—the Secretary of the Department of Planning, Housing and Infrastructure.

(3) A reference in a document requiring consultation with, or the concurrence of, or notification to, the Chief Executive of the Office of Environment and Heritage must be read as a reference to the Secretary of the Department of Climate Change, Energy, the Environment and Water.

(4) Subsection (3) has effect despite the Administrative Arrangements (Administrative Changes—Public Service Agencies) Order 2019, clause 32(2)(b)(ii).

(5) An existing reference in a document, if used in, or in relation to, a provision of an Act or instrument specified in the table to this section, must be read as a reference to the corresponding new reference set out in the table.

(6) Subsection (5) prevails to the extent of an inconsistency with subsections (1)–(3).

Table

| Provision of Act or instrument | Existing reference | New reference | | Coastal Management Act 2016, section 4(1), definition of Department | Department of Planning and Environment | Department of Climate Change, Energy, the Environment and Water | | Fisheries Management Act 1994, section 220W(3)(a) | Secretary of the Department of Planning and Environment | Secretary of the Department of Climate Change, Energy, the Environment and Water | | Food Act 2003, section 110, definition of relevant body | Secretary of the Department of Planning and Environment | Secretary of the Department of Climate Change, Energy, the Environment and Water | | Gas Supply Act 1996, section 72A(2)(a) | Secretary (undefined) | Secretary of the Department of Climate Change, Energy, the Environment and Water | | Gas Supply Act 1996, Dictionary, definition of Department | Department of Planning and Environment | Department of Climate Change, Energy, the Environment and Water | | Heritage Act 1977, section 8(2) | Secretary of the Department of Planning, Industry and Environment | Secretary of the Department of Climate Change, Energy, the Environment and Water | | Hunter Water Act 1991, section 52 | Secretary of the Department of Planning, Industry and Environment | Secretary of the Department of Climate Change, Energy, the Environment and Water | | Hunter Water Act 1991, section 57(1A)(a) | Department of Planning and Environment | Department of Climate Change, Energy, the Environment and Water | | Local Government Act 1993, section 36D(3)(d) | Chief Executive of the Office of Environment and Heritage | Secretary of the Department of Climate Change, Energy, the Environment and Water | | Lord Howe Island Act 1953, section 4(3)(d) and Schedule 1A, Part 2, clause 6(1)(f) | Department of Planning, Industry and Environment | Department of Climate Change, Energy, the Environment and Water | | Marine Estate Management Act 2014, section 7(2)(c) | Secretary of the Department of Planning, Industry and Environment | Secretary of the Department of Climate Change, Energy, the Environment and Water | | Marine Estate Management Act 2014, section 7(2)(d) | Secretary of the Department of Planning, Industry and Environment | Secretary of the Department of Planning, Housing and Infrastructure | | Plantations and Reafforestation Act 1999, section 15(4)(a) and (5) | Secretary of the Department of Planning and Environment | Secretary of the Department of Climate Change, Energy, the Environment and Water | | Plastic Reduction and Circular Economy Act 2021, section 62(a) | Department of Planning, Industry and Environment | Department of Climate Change, Energy, the Environment and Water | | Water Supply (Critical Needs) Act 2019, section 16(1)(a) | Department of Planning, Industry and Environment | Department of Planning, Housing and Infrastructure |

s 22: Ins 2023 (648), Sch 1.

Construction of references to Treasury and Secretary of Treasury

23 Construction of references to Treasury and Secretary of Treasury

(1) If used in relation to the Office of Energy and Climate Change, a reference in a document to the Treasury must be read as a reference to the Department of Climate Change, Energy, the Environment and Water.

(2) If used in relation to the Office of Energy and Climate Change, a reference in a document to the Secretary of the Treasury must be read as a reference to the Secretary of the Department of Climate Change, Energy, the Environment and Water.

s 23: Ins 2023 (648), Sch 1.

Construction of references in Appropriation Act 2023

24 Construction of references in Appropriation Act 2023

(1) A reference in the Appropriation Act 2023, section 10 to the Department of Planning and Environment must be read as a reference to—

(a) if used in relation to a relevant amount—the Department of Climate Change, Energy, the Environment and Water, or

(b) otherwise—the Department of Planning, Housing and Infrastructure.

(2) A reference in the Appropriation Act 2023, section 10 to the Minister for Climate Change must be read as a reference to the Minister for Planning and Public Spaces, other than in relation to a relevant amount.

(3) In this section—

relevant amount means an amount that may, in accordance with a determination made by the Treasurer under the Government Sector Finance Act 2018, section 4.9, be applied to a service, function or program transferred from the Department of Planning and Environment to one or more of the following—

(a) the Department of Climate Change, Energy, the Environment and Water,

(b) the Environment Protection Authority.

s 24: Ins 2023 (648), Sch 1.

Transfer of part of Department of Customer Service to Premier’s Department

25 Transfer of part of Department of Customer Service to Premier’s Department

(1) The NSW Government Strategic Communications team is transferred from the Department of Customer Service to the Premier’s Department.

(2) If used in relation to the NSW Government Strategic Communications team, a reference in a document to the Department of Customer Service must be read as a reference to the Premier’s Department.

(3) If used in relation to the NSW Government Strategic Communications team, a reference in a document to the Secretary of the Department of Customer Service must be read as a reference to the Secretary of the Premier’s Department.

s 25: Ins 2023 (648), Sch 1.

Division 2

Transfers to Department of Communities and Justice

Division 2 Transfers to Department of Communities and Justice

pt 7, div 2: Ins 2023 (648), Sch 2[2].

Transfer of parts of Department of Planning, Housing and Infrastructure to Department of Communities and Justice

26 Transfer of parts of Department of Planning, Housing and Infrastructure to Department of Communities and Justice

The following parts of the Department of Planning, Housing and Infrastructure (a transferred DCJ part) are transferred to the Department of Communities and Justice—

(a) the part that enables the Aboriginal Housing Office to exercise its functions,

(b) the part that enables the New South Wales Land and Housing Corporation to exercise its functions,

(c) the Housing Services team of the Homes, Property and Development Group.

s 26: Ins 2023 (648), Sch 2[2].

Construction of references to Planning, Housing and Infrastructure and Secretary of Planning, Housing and Infrastructure

27 Construction of references to Planning, Housing and Infrastructure and Secretary of Planning, Housing and Infrastructure

(1) A reference in a document to the Department of Planning, Housing and Infrastructure in relation to a transferred DCJ part must be read as a reference to the Department of Communities and Justice.

(2) A reference in a document to the Secretary of the Department of Planning, Housing and Infrastructure in relation to a transferred DCJ part must be read as a reference to the Secretary of the Department of Communities and Justice.

(3) The reference in the Housing Act 2001, section 6(2) and (3) to the Secretary of the Department of Planning, Industry and Environment must be read as a reference to the Secretary of the Department of Communities and Justice.

(4) In this section—

transferred DCJ part has the same meaning as in section 26.

s 27: Ins 2023 (648), Sch 2[2].

Part 8

Provisions consequent on making of Administrative Arrangements (Administrative Changes—Miscellaneous) Order 2024

Part 8 Provisions consequent on making of Administrative Arrangements (Administrative Changes—Miscellaneous) Order 2024

pt 8: Ins 2024 (14), Sch 1.

Abolition of Destination NSW Staff Agency

28 Abolition of Destination NSW Staff Agency

(1) The Destination NSW Staff Agency is abolished.

(2) The persons employed in the Destination NSW Staff Agency are transferred to the Department of Enterprise, Investment and Trade.

(3) A reference in a document to the Destination NSW Staff Agency is to be read as a reference to the Department of Enterprise, Investment and Trade.

s 28: Ins 2024 (14), Sch 1.

Part 9

Provisions consequent on making of Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 2) 2024

Part 9 Provisions consequent on making of Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 2) 2024

pt 9: Ins 2024 (244), Sch 1.

Renaming of Department of Regional NSW and Department of Enterprise, Investment and Trade

29 Renaming of Department of Regional NSW and Department of Enterprise, Investment and Trade

(1) The name of the Department of Regional NSW is changed to the Department of Primary Industries and Regional Development.

(2) The name of the Department of Enterprise, Investment and Trade is changed to the Department of Creative Industries, Tourism, Hospitality and Sport.

(3) In this part—

Department of Enterprise, Investment and Trade means the department of that name immediately before the commencement of this section.

Department of Regional NSW means the department of that name immediately before the commencement of this section.

s 29: Ins 2024 (244), Sch 1.

Transfer of part of Premier’s Department to the Cabinet Office

30 Transfer of part of Premier’s Department to the Cabinet Office

The Women NSW branch of the Community Engagement Group is transferred from the Premier’s Department to the Cabinet Office.

s 30: Ins 2024 (244), Sch 1.

Transfer of part of Premier’s Department to Department of Creative Industries, Tourism, Hospitality and Sport

31 Transfer of part of Premier’s Department to Department of Creative Industries, Tourism, Hospitality and Sport

The part of the Partnerships & Engagement branch of the Premier’s Department that is responsible for the delivery of Australia Day events and programs is transferred to the Department of Creative Industries, Tourism, Hospitality and Sport.

s 31: Ins 2024 (244), Sch 1.

Transfer of parts of Department of Enterprise, Investment and Trade to Premier’s Department

32 Transfer of parts of Department of Enterprise, Investment and Trade to Premier’s Department

(1) The Office of the Chief Scientist and Engineer Group is transferred from the Department of Enterprise, Investment and Trade to the Premier’s Department.

(2) The Investment NSW Group is transferred from the Department of Enterprise, Investment and Trade to the Premier’s Department.

s 32: Ins 2024 (244), Sch 1.

Transfer of part of Department of Regional NSW to Premier’s Department

33 Transfer of part of Department of Regional NSW to Premier’s Department

The Regional Coordination and Delivery branch is transferred from the Department of Regional NSW to the Premier’s Department.

s 33: Ins 2024 (244), Sch 1.

Transfer of part of Department of Climate Change, Energy, the Environment and Water to Energy Corporation of New South Wales Staff Agency

34 Transfer of part of Department of Climate Change, Energy, the Environment and Water to Energy Corporation of New South Wales Staff Agency

The Energy Corporation of NSW Group is transferred from the Department of Climate Change, Energy, the Environment and Water to the Energy Corporation of New South Wales Staff Agency.

s 34: Ins 2024 (244), Sch 1.

Abolition of Public Service Commission

35 Abolition of Public Service Commission

(1) The Public Service Commission is abolished.

(2) The persons employed in the Public Service Commission are transferred to the Premier’s Department.

(3) A reference in a document to the Public Service Commission must be read as a reference to the Premier’s Department.

s 35: Ins 2024 (244), Sch 1.

Construction of references to Premier’s Department and Secretary of Premier’s Department

36 Construction of references to Premier’s Department and Secretary of Premier’s Department

(1) A reference in a document to the Premier’s Department must, if used in relation to the Women NSW branch, be read as a reference to the Cabinet Office.

(2) A reference in a document to the Secretary of the Premier’s Department must, if used in relation to the Women NSW branch, be read as a reference to the Secretary of the Cabinet Office.

(3) A reference in a document to the Premier’s Department must, if used in relation to the part transferred to the Department of Creative Industries, Tourism, Hospitality and Sport under section 31, be read as a reference to the Department of Creative Industries, Tourism, Hospitality and Sport.

(4) A reference in a document to the Secretary of the Premier’s Department must, if used in relation to the part transferred to the Department of Creative Industries, Tourism, Hospitality and Sport under section 31, be read as a reference to the Secretary of the Department of Creative Industries, Tourism, Hospitality and Sport.

s 36: Ins 2024 (244), Sch 1.

Construction of references to Department of Enterprise, Investment and Trade and Secretary of Department of Enterprise, Investment and Trade

37 Construction of references to Department of Enterprise, Investment and Trade and Secretary of Department of Enterprise, Investment and Trade

(1) A reference in a document to the Department of Enterprise, Investment and Trade must be read as a reference to—

(a) if used in relation to the Office of the Chief Scientist and Engineer Group or the Investment NSW Group—the Premier’s Department, or

(b) otherwise—the Department of Creative Industries, Tourism, Hospitality and Sport.

(2) A reference in a document to the Secretary of the Department of Enterprise, Investment and Trade must be read as a reference to—

(a) if used in relation to the Office of the Chief Scientist and Engineer Group or the Investment NSW Group—the Secretary of the Premier’s Department, or

(b) otherwise—the Secretary of the Department of Creative Industries, Tourism, Hospitality and Sport.

s 37: Ins 2024 (244), Sch 1.

Certain references to be construed as references to Premier’s Department or to Secretary of Premier’s Department

38 Certain references to be construed as references to Premier’s Department or to Secretary of Premier’s Department

(1) A reference to the Treasury in the Jobs for NSW Act 2015, section 4(1), definition of Department, must be read as a reference to the Premier’s Department.

(2) A reference to the Department in the Jobs for NSW Act 2015, section 4(1), definition of Secretary, must be read as a reference to the Premier’s Department.

(3) A reference to the Chief Executive Officer of Investment NSW in the Payroll Tax Act 2007, section 66F(9)(b), must be read as a reference to the Secretary of the Premier’s Department.

s 38: Ins 2024 (244), Sch 1.

Construction of references to Department of Regional NSW and Secretary of Department of Regional NSW

39 Construction of references to Department of Regional NSW and Secretary of Department of Regional NSW

(1) A reference in a document to the Department of Regional NSW must be read as a reference to—

(a) if used in relation to the Regional Coordination and Delivery branch—the Premier’s Department, or

(b) otherwise—the Department of Primary Industries and Regional Development.

(2) A reference in a document to the Secretary of the Department of Regional NSW must be read as a reference to—

(a) if used in relation to the Regional Coordination and Delivery branch—the Secretary of the Premier’s Department, or

(b) otherwise—the Secretary of the Department of Primary Industries and Regional Development.

s 39: Ins 2024 (244), Sch 1.

Construction of references to Department of Climate Change, Energy, the Environment and Water and Secretary of Department of Climate Change, Energy, the Environment and Water

40 Construction of references to Department of Climate Change, Energy, the Environment and Water and Secretary of Department of Climate Change, Energy, the Environment and Water

(1) A reference in a document to the Department of Climate Change, Energy, the Environment and Water must, if used in relation to the Energy Corporation of NSW Group, be read as a reference to the Energy Corporation of New South Wales Staff Agency.

(2) A reference in a document to the Secretary of the Department of Climate Change, Energy, the Environment and Water must, if used in relation to the Energy Corporation of NSW Group, be read as a reference to the Chief Executive Officer of the Energy Corporation of New South Wales.

s 40: Ins 2024 (244), Sch 1.

Construction of references to Chief Executive Officer of Service NSW

41 Construction of references to Chief Executive Officer of Service NSW

A reference in a document to the Chief Executive Officer of Service NSW must be read as a reference to the Secretary of the Department of Customer Service.

s 41: Ins 2024 (244), Sch 1.

Part 10

Provision consequent on making of Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 3) 2024

Part 10 Provision consequent on making of Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 3) 2024

pt 10: Ins 2024 (338), Sch 1[2].

Transfer of part of Department of Planning, Housing and Infrastructure to Infrastructure NSW Staff Agency

42 Transfer of part of Department of Planning, Housing and Infrastructure to Infrastructure NSW Staff Agency

The Infrastructure Team within the Bradfield Development Authority branch of the Department of Planning, Housing and Infrastructure is transferred to the Infrastructure NSW Staff Agency.

s 42: Ins 2024 (338), Sch 1[2].

Part 11

Provisions consequent on making of Administrative Arrangements (Administrative Changes—Corrective Services NSW) Order 2024

Part 11 Provisions consequent on making of Administrative Arrangements (Administrative Changes—Corrective Services NSW) Order 2024

pt 11: Ins 2024 (371), Sch 1.

Establishment of Corrective Services NSW

43 Establishment of Corrective Services NSW

Corrective Services NSW is established as a Public Service agency.

s 43: Ins 2024 (371), Sch 1.

Transfer of part of Department of Communities and Justice to Corrective Services NSW

44 Transfer of part of Department of Communities and Justice to Corrective Services NSW

The Corrective Services NSW branch of the Department of Communities and Justice, other than the Professional Standards and Investigations division of the branch, is transferred to Corrective Services NSW.

s 44: Ins 2024 (371), Sch 1.

Construction of references to Commissioner of Corrective Services

45 Construction of references to Commissioner of Corrective Services

(1) The reference in the Crimes (Administration of Sentences) Act 1999, section 3(1), definition of Commissioner to the Commissioner of Corrective Services, Department of Justice must be read as a reference to the person employed in the Public Service as the Commissioner of Corrective Services.

(2) To avoid doubt, a reference in another document to the Commissioner of Corrective Services must be read as a reference to the person employed in the Public Service as the Commissioner of Corrective Services.

s 45: Ins 2024 (371), Sch 1.

Part 12

Provision consequent on making of Administrative Arrangements (Administrative Changes—Miscellaneous) Order 2025

Part 12 Provision consequent on making of Administrative Arrangements (Administrative Changes—Miscellaneous) Order 2025

pt 12: Ins 2025 (9), Sch 1.

Transfer of part of Department of Education to NSW Education Standards Authority Staff Agency

46 Transfer of part of Department of Education to NSW Education Standards Authority Staff Agency

The Non-Government Schools Regulatory unit is transferred from the Department of Education to the NSW Education Standards Authority Staff Agency.

s 46: Ins 2025 (9), Sch 1.

Part 13

Provisions consequent on making of Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 2) 2025

Part 13 Provisions consequent on making of Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 2) 2025

pt 13: Ins 2025 (112), Sch 1.

Construction of references to Minister for Regional Transport and Roads

47 Construction of references to Minister for Regional Transport and Roads

A reference in a document to the Minister for Regional Transport and Roads must be read as a reference to the Minister for Regional Transport.

s 47: Ins 2025 (112), Sch 1.

Construction of references to Minister for Emergency Services

48 Construction of references to Minister for Emergency Services

A reference in a document to the Minister for Emergency Services must be read as a reference to—

(a) if used in relation to legislation administered by the Minister for Recovery—the Minister for Recovery, or

(b) in any other case—the Minister for Emergency Services.

s 48: Ins 2025 (112), Sch 1.

Construction of references to Minister for Planning and Public Spaces

49 Construction of references to Minister for Planning and Public Spaces

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

(a) if used in relation to legislation administered by the Minister for Recovery—the Minister for Recovery, or

(b) in any other case—the Minister for Planning and Public Spaces.

s 49: Ins 2025 (112), Sch 1.

Construction of references to the Secretary of Department of Planning, Housing and Infrastructure

50 Construction of references to the Secretary of Department of Planning, Housing and Infrastructure

A reference in a document to the Secretary of the Department of Planning, Housing and Infrastructure, if used in relation to the NSW Reconstruction Authority Staff Agency, must be read as a reference to the Secretary of the Premier’s Department.

s 50: Ins 2025 (112), Sch 1.

Part 14

Provisions consequent on making of Administrative Arrangements (Administrative Changes—SafeWork NSW Agency) Order 2025

Part 14 Provisions consequent on making of Administrative Arrangements (Administrative Changes—SafeWork NSW Agency) Order 2025

pt 14: Ins 2025 (123), Sch 1.

Establishment of SafeWork NSW Agency

51 Establishment of SafeWork NSW Agency

SafeWork NSW Agency is established as a Public Service agency.

s 51: Ins 2025 (123), Sch 1.

Transfer of part of Department of Customer Service to SafeWork NSW Agency

52 Transfer of part of Department of Customer Service to SafeWork NSW Agency

The SafeWork NSW branch of the Department of Customer Service is transferred to SafeWork NSW Agency.

s 52: Ins 2025 (123), Sch 1.

Transfer of part of Department of Communities and Justice to Department of Customer Service

53 Transfer of part of Department of Communities and Justice to Department of Customer Service

The myWorkZone Service Level 3 Operations & Support branch and the Shared Services & Customer Experience branch are transferred from the Department of Communities and Justice to the Department of Customer Service.

s 53: Ins 2025 (123), Sch 1.

Transfer of part of Department of Planning, Housing and Infrastructure to Department of Customer Service

54 Transfer of part of Department of Planning, Housing and Infrastructure to Department of Customer Service

The Shared Services branch is transferred from the Department of Planning Housing and Infrastructure to the Department of Customer Service.

s 54: Ins 2025 (123), Sch 1.

Part 15

Provision consequent on making of Administrative Arrangements (Administrative Changes— Miscellaneous) Order (No 3) 2025

Part 15 Provision consequent on making of Administrative Arrangements (Administrative Changes— Miscellaneous) Order (No 3) 2025

pt 15: Ins 2025 (209), Sch 1.

Transfer of part of Department of Primary Industries and Regional Development to Department of Communities and Justice

55 Transfer of part of Department of Primary Industries and Regional Development to Department of Communities and Justice

The Office for Regional Youth is transferred from the Department of Primary Industries and Regional Development to the Department of Communities and Justice.

s 55: Ins 2025 (209), Sch 1.

Part 16

Provision consequent on making of Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 4) 2025

Part 16 Provision consequent on making of Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 4) 2025

pt 16: Ins 2025 (530), Sch 1.

Transfer of part of Department of Primary Industries and Regional Development to Premier’s Department

56 Transfer of part of Department of Primary Industries and Regional Development to Premier’s Department

The following parts within the Department of Primary Industries and Regional Development are transferred to the Premier’s Department—

(a) the Office of the Cross-Border Commissioner,

(b) Team 4—Contracting, Grant Management and Compliance of the Assets, Grants and Lending Division within the Enabling Services Group.

s 56: Ins 2025 (530), Sch 1.

Part 17

Provisions consequent on making of Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 5) 2025

Part 17 Provisions consequent on making of Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 5) 2025

pt 17: Ins 2025 (650), Sch 1.

Establishment of NSW Early Learning Commission

57 Establishment of NSW Early Learning Commission

The NSW Early Learning Commission is established as a Public Service agency.

s 57: Ins 2025 (650), Sch 1.

Transfer of part of Department of Education to NSW Early Learning Commission

58 Transfer of part of Department of Education to NSW Early Learning Commission

The Early Childhood Education and Care Regulatory Authority directorate in the Department of Education is transferred to the NSW Early Learning Commission.

s 58: Ins 2025 (650), Sch 1.

Construction of references to Secretary of Department of Education

59 Construction of references to Secretary of Department of Education

A reference in the Children (Education and Care Services National Law Application) Act 2010, sections 9 and 10(2) to the Secretary of the Department of Education must be read as a reference to the person employed in the Public Service as the NSW Early Learning Commissioner.

s 59: Ins 2025 (650), Sch 1.

Part 18

Provision consequent on making of Administrative Arrangements (Administrative Changes—Biofuels Act 2007) Order 2026

Part 18 Provision consequent on making of Administrative Arrangements (Administrative Changes—Biofuels Act 2007) Order 2026

pt 18: Ins 2026 (93), Sch 1.

Construction of references to Department and Secretary under Biofuels Act 2007

60 Construction of references to Department and Secretary under Biofuels Act 2007

(1) A reference in the Biofuels Act 2007, section 3(1), definition of Department to the department in which this Act is administered must be read as a reference to the Environment Protection Authority Staff Agency.

(2) A reference in the Biofuels Act 2007, section 3(1), definition of Secretary to the Secretary of the Department must be read as a reference to the Chief Executive Officer of the Environment Protection Authority.

s 60: Ins 2026 (93), Sch 1.

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.

Part 1 Preliminary

1 Name of order

This order is the Administrative Arrangements (58th Parliament) Order 2023.

2 Commencement

This order commences on 5 April 2023.

3 Definitions

In this order—

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

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

Note—

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

Part 1A Construction of references after transfers

pt 1A: Ins 2024 (338), Sch 1[1].

3A Construction of references to certain Public Service agencies

(1) If the Governor abolishes a Public Service agency and transfers all parts of the abolished agency, or all parts other than specified parts, to another Public Service agency, a reference in a document to the abolished agency, other than a reference in relation to the specified parts, must be read as a reference to the successor agency.

(2) If the Governor transfers a part or parts of a Public Service agency (the transferor agency) to another Public Service agency (the transferee agency), a reference in a document—

(a) to the transferor agency, in relation to the transferred part or parts, must be read as a reference to the transferee agency, and

(b) to the head of the transferor agency, however described, in relation to the transferred part or parts, must be read as a reference to the head of the transferee agency.

Compliance with the order is an exercise in legal mapping and administrative updating. The order-based duties are primarily organisational and interpretive; compliance steps fall into legal, operational and communications tracks. Recommended steps for agencies, legal teams and regulated entities are:

Inventory affected instruments and contracts
- Compile a register of all statutes, subordinate instruments, contracts and agreements that refer to any of the departments, staff agencies, Ministers or office-holders named in the order. Use the order’s own tables as a starting point (for example s 12, s 22, s 37, s 60) and extend to any internal commercial contracts that name those bodies because "document" includes contracts (s 3).
Apply the specific construction rules
- For each entry in the register determine which provision of the order applies. Begin by checking section-specific tables (which often "prevail" to the extent of inconsistency: e.g. s 12(4), s 22(6)), then apply general rules like s 3A and the Minister-mapping table in s 6. For each reference, record the successor agency, Secretary or Minister as prescribed.
Update notices and service addresses
- Amend notice addresses, approval recipients and contact points in contracts and administrative processes so that statutory notices are delivered to the legal addressee designated by the order. Given contracts may have strict formalities for variations, coordinate amendments with counterparties where necessary.
Confirm funding allocation and Treasurer determinations
- Where programs or services have been transferred, engage with finance teams and the Treasurer’s office to confirm whether "relevant amounts" are to be applied to transferred services under the Government Sector Finance Act (s 24(3)). Do not assume budgets follow automatically; document any interim funding arrangements.
Manage staff transfers and employment issues
- For transfers of persons (for example s 28(2) and s 35(2)), coordinate with human resources to ensure payroll, superannuation, workplace rights and industrial instruments are considered. Although the order effects transfers, employment terms may require separate legal and HR processes under the Government Sector Employment Act and associated rules (noting s 3A(5) imports the definition of "head" from that Act).
Update statutory registers, forms and guidance
- Amend public-facing materials (websites, statutory forms, application lodgement portals) to reflect the new agency names, ministers and contact points. For regulated entities, update compliance calendars to direct statutory applications and consultations to the correct agency.
Train operational staff and legal/compliance teams
- Provide targeted training on the order’s conditional mappings. Emphasise conditional language (for example "if used in relation to…") and the need to identify the precise function or part referenced by the statutory provision or contract clause.
Maintain a versioned legal map
- Because the order records multiple insertions and amendments (see the amendment history), maintain a versioned mapping record that documents which Administrative Arrangements Order or instrument effected each change. This avoids error where successive amendments alter the legal addressee over time.
Consider formal contract variations where necessary
- Contracts that require the consent or involvement of a specific agency may need formal variation to avoid argument about whether statutory construction alone suffices. Where counterparty comfort is necessary, obtain a formal variation that names the successor agency and amends contact and bank details where payments are involved.
Monitor related Administrative Arrangements Orders
- The order frequently cross-references Administrative Arrangements Orders that allocate administration of Acts to Ministers. Regulatory teams should monitor those orders, as they determine the administering Minister and therefore can affect how Ministerial references are to be read under the mapping tables (see s 5 and s 6 and their references).
Document decisions and communication steps
- Keep written records of each step taken to update addresses, notices and internal systems. In the event of a dispute about whether a notice was properly given or a statutory application properly made, documentary evidence that the correct successor was identified and informed will be crucial.
Seek targeted legal advice for ambiguous items
- For ambiguous constructions , for example where it is unclear whether a reference is "used in relation to" a transferred part, or where multiple mappings could apply , obtain a legal opinion. The order’s "prevails" clauses narrow disputes but do not eliminate all interpretive questions.

Practical examples of compliance tasks grounded in the order:

If a planning approval requires notification to the Secretary of the Department of Planning and Environment, check s 22 to determine whether that reference now runs to the Department of Climate Change, Energy, the Environment and Water, the Environment Protection Authority Staff Agency, or the Department of Planning, Housing and Infrastructure depending on the group involved (s 22(1)-(2), Table at s 22(5)).
If a contract requires notices to be sent to "Department of Premier and Cabinet", apply s 12(1)-(2) and the s 12 Table to decide whether the Cabinet Office or the Premier’s Department is the correct addressee for that contract clause.
If a program was funded under the Appropriation Act 2023 and is transferred to another department, engage finance to confirm whether a Treasurer determination will apply and reallocate the appropriation as contemplated by s 24(3).

Following these steps will reduce implementation risk and ensure notices and statutory processes are directed to the legally appropriate successor entities by reference to the specific construction provisions in this order.