The Regulation introduces several discrete legal concepts and operational mechanisms. Each concept is defined or implemented by a specific clause or schedule entry; these are the principal ones.

1. Advisory Council establishment and composition. The Minister is required to establish a Regional Development Advisory Council by appointing between five and seven members (cl 4A(1)-(2)). The membership must include: at least three but no more than five persons with experience in one or more of the listed "relevant subject matter areas" (cl 4A(3)(a)); one Aboriginal person who has knowledge and experience supporting economic development within Aboriginal communities (cl 4A(3)(b) and cl 4A(4)); and one representative of Regional Development Australia or another body that deals with regional matters in the Minister’s opinion (cl 4A(3)(c)). The Regulation names the subject matter areas (cl 3(1)), which range from climate adaptation to small business.

2. Eligibility, disqualification and appointment considerations. The Regulation supplies positive appointment criteria to guide selection (for instance, that the Minister take into account whether the person has lived and worked in a regional area and whether their appointment contributes to a range of skills, experiences and backgrounds , cl 4A(3A)). It also prescribes disqualifications: Public Service employees within the meaning of the Government Sector Employment Act 2013, Commonwealth officers or employees (with one exception), and persons elected to a civic office under the Local Government Act 1993 are not eligible to be appointed (cl 4A(5)). Schedule 1 elaborates on terms of office and reappointment limits: terms must not exceed three years, members may be reappointed if qualified but no member may hold office for more than two consecutive terms (sch 1 cl 2(1)-(3)).

3. Procedural governance for the Advisory Council. Schedule 1 provides the Council with delegated authority to set procedures for calling meetings and conducting business (sch 1 cl 8(1)). It prescribes compulsory agenda items: disclosure of pecuniary interests and other conflicts (sch 1 cl 8(2)). Quorum is a majority of members for the time being (sch 1 cl 10). Voting operates by simple majority of votes cast, and the presiding member has a deliberative vote and a casting vote in the event of equality (sch 1 cl 11-12).

4. Conflict and transparency rules. Members must disclose pecuniary interests that appear to conflict with proper performance of duties (sch 1 cl 15(1)-(2)). The reach of that disclosure is broad: it includes interests of spouses, relatives, business partners, employers and bodies of which the member is a member (sch 1 cl 15(3)-(5)). Particulars of disclosures must be recorded and made available for inspection on request (sch 1 cl 15(6)). If a member has disclosed a pecuniary interest, they must not be present while the matter is considered or participate in decision-making about that matter unless the Minister or the Advisory Council determines otherwise (sch 1 cl 15(7)). The Regulation provides that contravention of the pecuniary interest rules does not invalidate a Council decision (sch 1 cl 15(9)).

5. Recordkeeping and ministerial oversight. The Advisory Council is required to keep copies of information and reports it considered or prepared and to supply copies to the Minister at the Minister’s request (cl 4B). The Minister has appointment, removal and suspension powers. The Minister must give a written statement of reasons and make that statement publicly available if removing a Chair or a member (sch 1 cl 3(4)-(5); sch 1 cl 4(2)-(3)). The Council must keep full and accurate minutes of meetings (sch 1 cl 13) and administrative staff from the department must provide support (sch 1 cl 17).

6. Meeting flexibility with safeguards. The Council may transact business by circulating papers or by electronic or teleconference means, provided that a speaking member can be heard by others (sch 1 cl 14). Circulated resolutions approved in writing by a majority count as decisions and must be recorded in minutes (sch 1 cl 14(2)-(4)).

7. Sydney metropolitan area definition. The Regulation supplies a discrete list of LGAs that qualify as the Sydney metropolitan area for the purposes of section 4(1) of the Act (cl 4). The list is literal and exhaustive in the instrument.

8. Repeal and continuity. The Regulation repeals the 2012 Regulation (cl 5(1)) and saves existing acts, matters and things so they continue to have effect under the new Regulation (cl 5(2)).

The incentive architecture created by these concepts is straightforward. The Minister retains decisive appointment, suspension and removal powers, subject to procedural transparency when removal occurs. The Council’s duties are mainly governance and recordkeeping rather than operational or statutory policy-making functions specified in the instrument. The obligation to retain records and supply them to the Minister centralises information flows back to the Minister, increasing ministerial oversight and informational control. The disclosure regime and public availability of removal reasons are transparency mechanisms; they create compliance costs for members and the department which must keep accurate minutes and disclosure records and make them available on request.

The Regulation is silent on funding, remuneration, performance metrics, and the substantive advisory remit beyond the general recordkeeping and the Act’s provisions. The result is a governance skeleton: membership composition, meeting governance, transparency mechanics and ministerial control, with significant implementation detail left to Ministerial instruments of appointment and to the Council’s own procedural rules within the statutory guardrails.

The Regulation directly affects a defined set of public actors and indirectly affects stakeholders who interact with the Advisory Council. The principal affected parties are:

• The Minister. The Minister is responsible for establishing the Advisory Council by appointing at least five and no more than seven members (cl 4A(1)-(2)). The Minister decides whom to appoint within the constraints set by the Regulation, must appoint the Chairperson (sch 1 cl 3(1)), may remove or suspend members (sch 1 cl 3(4)-(5); sch 1 cl 4(2)-(3); sch 1 cl 5(1)-(3)), may appoint acting members (sch 1 cl 6(1)-(3)), and may call the first meeting in the way the Minister thinks fit (sch 1 cl 9). The Minister also has the right to request copies of information and reports kept under the recordkeeping obligation in cl 4B, and removal actions require the Minister to produce a written statement of reasons and to make that statement publicly available (sch 1 cl 3(5); sch 1 cl 4(3)).

• Advisory Council members. The members are the immediate object of the Regulation’s procedural and eligibility rules. Members must meet the composition criteria: the statutory requirement for at least three subject-matter experienced members (cl 4A(3)(a)), an Aboriginal person who meets the specific three-part test of Aboriginal personhood and has experience supporting economic development within Aboriginal communities (cl 4A(3)(b), cl 4A(4), cl 4A(7)), and a representative of Regional Development Australia or another regional body (cl 4A(3)(c)). Members hold office for up to three years, may be reappointed but not for more than two consecutive terms (sch 1 cl 2). Members also face duties and procedural obligations: to disclose pecuniary interests (sch 1 cl 15), to have particulars recorded and made available for inspection (sch 1 cl 15(6)), to participate in meetings according to quorum and voting rules (sch 1 cl 10-12), and to co-operate with minute-keeping and administrative processes (sch 1 cl 13, sch 1 cl 17).

• The department and departmental staff. The Regulation makes the department the locus of administrative support: staff of the department are permitted to attend all parts of Council meetings as observers (sch 1 cl 16), and departmental staff must provide administrative support for meetings (sch 1 cl 17). The department may therefore bear resource costs associated with secretariat functions, minute-taking, record storage and providing the Minister with copies of reports and material kept under cl 4B.

• Aboriginal communities and potential Aboriginal members. The Regulation creates a statutory seat for an Aboriginal person who meets the defined test and who has knowledge and experience supporting economic development within Aboriginal communities (cl 4A(3)(b), cl 4A(4), cl 4A(7)). The Regulation specifies matters to be taken into account in determining such a person’s knowledge and experience, including experience assisting Aboriginal people to enter the workforce and supporting Aboriginal groups to carry out commercial activities (cl 4A(4)(a)-(b)).

• Regional Development Australia and other regional bodies. One of the required members must be a representative of Regional Development Australia or another body which, in the Minister’s opinion, deals with regional matters (cl 4A(3)(c)). That gives RDA and similar organisations a direct channel onto the Council, subject to the Minister’s discretion.

• Public Service employees, Commonwealth officers and local government elected officials. The Regulation expressly disqualifies Public Service employees within the meaning of the Government Sector Employment Act 2013, officers or employees of the Commonwealth (with one exception noted in cl 4A(5)(b)), and persons elected to civic office under the Local Government Act 1993 (cl 4A(5)). Those categories therefore cannot be appointed as members, restricting who the Minister can choose.

• Entities and persons who interact with the Council’s decisions or advice. While the Regulation does not itself create binding regulatory powers over third parties, it structures an advisory body whose outputs may inform Ministerial decision-making under the Act. The Regulation therefore affects stakeholders whose interests relate to the Minister’s regional development decisions indirectly by shaping the Council’s composition and access.

• Users of public records and transparency seekers. The Regulation requires that particulars of pecuniary disclosures be recorded and available for inspection on request (sch 1 cl 15(6)), and requires the Minister to publish reasons for removal of a Chair or member (sch 1 cl 3(5); sch 1 cl 4(3)). Those provisions affect journalists, researchers, watchdogs and any person seeking to inspect disclosure particulars or removal reasons.

Notably, the Regulation is silent on remuneration, sitting fees, travel or expense reimbursement for members. It also does not contain express obligations on external stakeholders to provide information to the Council, nor does it create offences that directly impact third parties. The department’s observer role and provision of administrative support means departmental resources will be used in practice. The Minister’s retained appointment and removal powers concentrate decision-making authority in the Minister, while the Council’s procedural powers to elect a Deputy Chair and to set internal procedures distribute operational control within the Council subject to statutory constraints.

The Regulation allocates specific duties, rights and procedural entitlements to the Minister, the Advisory Council and departmental staff. These can be grouped into appointment and membership rules, governance and meeting rules, disclosure and recordkeeping duties, and administrative supports. Where useful, specific clauses are cited.

Appointment and membership rights and duties

• Ministerial duty to establish and appoint. The Minister must establish the Advisory Council by appointing members (cl 4A(1)). The Minister controls the appointment instrument and must ensure total membership is between five and seven persons (cl 4A(2)).

• Composition duties. The Minister must appoint at least three but no more than five members with relevant experience in the listed subject matter areas, one Aboriginal person with specified knowledge and experience supporting economic development in Aboriginal communities, and one representative of Regional Development Australia or an alternative body dealing with regional matters in the Minister’s opinion (cl 4A(3)(a)-(c); cl 3(1) lists the relevant subject matter areas). The Minister must take into account whether a prospective appointee has lived and worked in a regional area and whether the appointment would contribute to a diversity of skills and experiences (cl 4A(3A)).

• Eligibility constraints. The Regulation prohibits appointment of Public Service employees within the meaning of the Government Sector Employment Act 2013, Commonwealth officers or employees (except for a specific exception referenced), and persons elected to civic office under the Local Government Act 1993 (cl 4A(5)).

• Term and reappointment limitations. Members hold office for terms not exceeding three years, are eligible for reappointment if otherwise qualified, and are not to hold office for more than two consecutive terms (sch 1 cl 2(1)-(3)). The Minister must specify the term in the instrument of appointment (sch 1 cl 2(1)).

Chair, Deputy Chair and leadership rights and duties

• Chair appointment and removal. The Minister must appoint a member to be Chairperson (sch 1 cl 3(1)). The Chair presides at meetings and has a deliberative vote and a casting vote in case of a tie (sch 1 cl 11(1), sch 1 cl 11(3)(a)-(b)). The Minister may remove a member from office as Chair by written notice, but must provide a written statement of reasons and make that statement publicly available (sch 1 cl 3(4)-(5)).

• Deputy Chair election and removal. The Advisory Council elects its Deputy Chair (sch 1 cl 3(2)). The Council may remove the Deputy Chair by resolution, but the resolution must set out reasons and be made publicly available (sch 1 cl 3(6)-(7)).

Vacancy, suspension and acting appointments

• Vacancy rules. The office of a member becomes vacant on various grounds (death, expiry of term without reappointment, resignation, removal by the Minister, absence from three consecutive meetings of which reasonable notice has been given unless excused, bankruptcy or insolvency actions, mental incapacity, conviction of certain offences inside or outside NSW) (sch 1 cl 4(1)(a)-(i)). The Minister may appoint a person to fill a vacancy (sch 1 cl 4(4)).

• Suspension and acting appointments. The Minister may suspend a member by written notice for the period specified in the notice (sch 1 cl 5(1)). Suspended members may not carry out Council functions during the suspension (sch 1 cl 5(2)). The Minister may revoke a suspension (sch 1 cl 5(3)). The Minister may appoint acting members while a member is unable to act because of illness, absence or other cause (sch 1 cl 6(1)-(3)). Acting appointees are taken to be members and have all the functions of the office they act in, including Chair or Deputy Chair functions if acting in those offices (sch 1 cl 6(2)).

Governance, meeting and decision-making rights and duties

• Council procedural autonomy within statutory bounds. The Advisory Council may determine procedures for calling meetings and conducting business, subject to the schedule (sch 1 cl 8(1)). The first meeting may be called by the Minister in the Minister’s chosen way (sch 1 cl 9).

• Mandatory agenda item. Each meeting must include an agenda item for disclosure of pecuniary interests in matters being considered and other conflicts of interest (sch 1 cl 8(2)). Quorum is a majority of members for the time being (sch 1 cl 10). Decisions are by majority of votes cast at meetings where a quorum is present (sch 1 cl 12).

• Presiding member powers. The Chair presides at meetings, with specified fallbacks (Deputy Chair or elected member if Chair is absent). The presiding member has a deliberative vote and, if votes are equal, a second or casting vote (sch 1 cl 11(1)-(3)).

Disclosure, recordkeeping and transparency duties

• Disclosure of pecuniary interests. Members must disclose pecuniary interests that raise a conflict with the proper performance of their duties as soon as practicable to the Chair and at the next Council meeting to the remainder of the Council (sch 1 cl 15(1)-(2)). Pecuniary interests of spouses, relatives, business partners, employers and companies of which the member is a member are treated as the member’s interests unless the member is unaware of them (sch 1 cl 15(3)-(4)).

• Disclosure particulars and exclusion. The Regulation specifies what constitutes sufficient disclosure related to companies or bodies (sch 1 cl 15(5)). Particulars of disclosure must be recorded and be available for inspection on request (sch 1 cl 15(6)). If a member has disclosed a pecuniary interest, they must not be present during consideration of the matter or participate in the decision unless the Minister or the Council otherwise determines (sch 1 cl 15(7)-(8)). Contravention does not of itself invalidate a Council decision (sch 1 cl 15(9)).

• Council recordkeeping and ministerial access. The Advisory Council must keep copies of information and reports considered or prepared in carrying out its functions and give copies to the Minister at the Minister’s request (cl 4B).

Administrative support and observer rights

• Departmental observers and support. The Secretary and other staff of the department may attend all parts of Council meetings as observers (sch 1 cl 16). Members of staff of the department must provide administrative support for Council meetings (sch 1 cl 17).

Rights by omission and silence

• Employment framework exclusion. The provisions of the Government Sector Employment Act 2013 that relate to employment of Public Service employees do not apply to a member (sch 1 cl 7). That means members are not covered by those specific employment provisions; the Regulation does not itself create employment rights or obligations under that Act for members.

Taken together, these duties and rights allocate operational control between the Minister and the Council. The Minister has the power to create, shape, and discipline the Council's membership and can require access to its records. The Council has autonomy to conduct its business and to organise internal leadership, but members have affirmative duties to disclose conflicts and maintain minutes and records. Departmental staff are obliged to provide administrative support and may observe meetings, which shapes the practical environment in which the Council operates.

The Regulation does not create criminal offences or monetary penalties. Enforcement and remedial mechanisms are administrative in character and rely on appointment, removal, suspension, disclosure and recordkeeping rules. The principal enforcement tools and constraints provided by the Regulation are:

• Removal and suspension powers. The Minister may remove a member from office by written notice (sch 1 cl 4(2)). The Minister may also suspend a member for a specified period by written notice (sch 1 cl 5(1)). During suspension, the member cannot carry out functions of a member or officeholder (sch 1 cl 5(2)). The Minister may revoke a suspension (sch 1 cl 5(3)). Acting appointments may be revoked by the Minister (sch 1 cl 6(3)). These are administrative enforcement controls; the Regulation requires written notice and, in the case of removal, a written statement of reasons that must be made publicly available (sch 1 cl 4(3); sch 1 cl 3(5)).

• Vacancy rules that remove membership automatically for specified events. The Regulation enumerates events that automatically create a vacancy in office, such as death, expiry of term without reappointment, resignation, removal, absences from three consecutive meetings (absences subject to excusal), bankruptcy and insolvency actions, mental incapacity, and conviction of certain offences in and outside NSW (sch 1 cl 4(1)(a)-(i)). These provisions operate as built-in enforcement triggers that result in loss of office without additional sanctioning processes beyond the stated grounds.

• Disclosure obligations and records availability. Members must disclose pecuniary interests that raise conflicts and particulars must be recorded and made available for inspection on request (sch 1 cl 15(2), (6)). While the Regulation does not prescribe penalties for failing to disclose, it creates public transparency obligations and a record that may be used by the Minister, the public or third parties to scrutinise compliance. The Regulation also provides that contravention of the pecuniary interest disclosure rules does not invalidate a Council decision (sch 1 cl 15(9)), which limits the remedial effect of disclosure non-compliance on the validity of Council acts.

• Procedural transparency for removals. The Minister must give a written statement of reasons and make that statement publicly available if removing a Chair or a member (sch 1 cl 3(5); sch 1 cl 4(3)). The Advisory Council must make removal reasons public for Deputy Chair removal by resolution (sch 1 cl 3(7)). Those provisions impose public transparency obligations that operate as reputational or political constraints on removals.

• No statutory sanctions for non-compliance with procedural rules. The Regulation requires minutes to be kept and set out disclosure and meeting procedures, but it does not create express sanctions for failure to keep minutes or for failure to make disclosure particulars available. The available remedies for procedural failure are administrative rather than punitive under the Regulation itself.

• No application of the Government Sector Employment Act employment provisions to members. The Regulation expressly excludes members from the employment provisions of the Government Sector Employment Act 2013 that relate to Public Service employment (sch 1 cl 7). That omission means members do not have statutory employment protections under that Act, and the enforcement environment for employment-like disputes involving members will not be governed by those specific employment provisions.

• Ministerial right to access information. The Advisory Council must keep copies of information and reports and give the Minister copies at the Minister’s request (cl 4B). Non-compliance with a Ministerial request would be an internal non-compliance issue, and the Regulation itself gives the Minister removal and suspension tools; it does not prescribe additional penalties.

In summary, enforcement is principally administrative: appointment, removal, suspension, vacancy triggers, and transparency obligations. The Regulation intentionally or implicitly places the Minister at the centre of enforcement through appointment and removal authority, and places the public transparency burden on the Minister and the Council by requiring publication of reasons and availability of disclosure particulars. There are no express criminal or civil penalties, nor fines, attached to non-compliance in the text of the Regulation.

The Regulation expressly references several other statutes and provisions and so operates in a statutory ecosystem. The cross-references in the text set boundaries on eligibility, interpretation and procedural applicability. The key interactions apparent from the Regulation are as follows.

1. Regional Development Act 2004. The Regulation operates to implement the Act. The text defines terms and structures that interact with provisions of the Act. For example, cl 4A is headed “Regional Development Advisory Council,the Act, s 12”, indicating the Council is created under section 12 of the Act. The Regulation also references the Act explicitly in cl 3(1) where “the Act” is defined as the Regional Development Act 2004. Where the Regulation prescribes membership, recordkeeping and procedure, those provisions will take effect in relation to the functions and powers the Act assigns to the Advisory Council or Minister.

2. Interpretation Act 1987. The definitions clause directs that the Act and the Interpretation Act 1987 contain definitions and other provisions that affect interpretation and application of the Regulation (cl 3(1) note). This means ordinary interpretive rules, commencement rules and other statutory construction provisions in the Interpretation Act will apply to reading the Regulation where relevant.

3. Government Sector Employment Act 2013. The Regulation explicitly disqualifies Public Service employees within the meaning of the Government Sector Employment Act 2013 from being appointed to the Advisory Council (cl 4A(5)(a)). Schedule 1 also provides that the Government Sector Employment Act provisions relating to Public Service employment do not apply to a member (sch 1 cl 7). This is a twofold interaction: that Act defines a class of persons who are ineligible, and the Regulation excludes members from being treated as Public Service employees for employment law purposes under that Act.

4. Local Government Act 1993. The Regulation disqualifies a person elected to a civic office within the meaning of the Local Government Act 1993 from appointment to the Advisory Council (cl 4A(5)(c)). That interaction restricts local elected officials from simultaneously holding appointment on the Council.

5. Subordinate Legislation Act 1989. The commencement clause (cl 2) notes that this Regulation repeals and replaces the Regional Development Regulation 2012 which otherwise would have been repealed on 1 September 2018 by section 10(2) of the Subordinate Legislation Act 1989. That cross-reference is limited to a historical/administrative note about timing and repeal mechanics.

6. Regional Development Regulation 2012 (repealed). The Regulation repeals the 2012 Regulation (cl 5(1)) and saves existing acts, matters or things that had effect under it so they continue to have effect under the new Regulation (cl 5(2)). This creates direct continuity between the instruments and avoids gaps in legal effect after repeal.

7. Commonwealth law reference. Clause 4A(5)(b) disqualifies officers or employees of the Commonwealth unless they are the person referred to in subsection (3)(d). The Regulation thus imposes a cross-jurisdictional limitation, though it gives the Minister discretion for one exception in cl 4A(3)(d) (the text references a person in (3)(d) but that subparagraph is not shown in the supplied excerpt; the clause as printed contains (3)(c) only , note the Regulation includes a reference to (3)(d) in cl 4A(5)(b) and Schedule text mentions an exception).

Interpretative and operational consequences

• Appointment and eligibility constraints are defined by other statutes. The Government Sector Employment Act 2013 and the Local Government Act 1993 define categories of persons who are ineligible for appointment. The Regulation itself excludes those categories, thereby drawing on external statutory definitions to bind appointment eligibility.

• Employment law treatment of members. Because Schedule 1 declares the Government Sector Employment Act employment provisions do not apply to members (sch 1 cl 7), members are not deemed Public Service employees for the purposes of employment protections found in that Act. This affects dispute resolution, entitlements and employment protections for members if a dispute arose about remuneration or terms of engagement; the Regulation is silent on any alternative statutory employment framework for members.

• Information flow to the Minister. Clause 4B’s requirement that the Advisory Council keep copies of information and reports and provide them to the Minister on request creates an internal statutory channel that supplements any reporting obligations in the Act. It means the Council’s materials may be relied upon by the Minister in exercising powers under the Act or other statutes.

• Records and public access. The Regulation’s requirement that particulars of disclosures be available for inspection creates a transparency mechanism that interacts with privacy and public records frameworks. The Regulation itself does not specify limitations on inspection or privacy protections; such limitations would need to be drawn from general law or other statutory frameworks.

• Repeal and continuity of existing rights and obligations. Clause 5(2) ensures that actions taken under the old Regulation continue to have effect, so any interactions between third parties and the Council or Minister under the old instrument are preserved under the new instrument.

Limitations and omissions

• Silence on remuneration and expenses. The Regulation does not interact with statutes governing remuneration of advisory body members because it does not address payment; absent express provision, any pay, fees or expense rules must derive from separate instruments or departmental policy. Because sch 1 cl 7 excludes members from Public Service employment provisions, any remuneration arrangements will likely be contractual or regulative in nature outside the Government Sector Employment Act.

• No express dispute-resolution rules. The Regulation prescribes removal, suspension and vacancy mechanisms, but it does not provide appeal or review processes for those decisions. Other statutory or common law avenues (not specified in the Regulation) would be the only recourse. The Regulation therefore interacts with external administrative law principles but does not set out procedural rights or review processes.

In sum, the Regulation is tightly linked to the Regional Development Act 2004 for purpose and justification, borrows definitions and exclusion categories from the Government Sector Employment Act 2013 and the Local Government Act 1993, ensures continuity from previous subordinate legislation, and sets internal transparency obligations that will operate alongside broader public records and privacy law frameworks despite its silence on remuneration and other operational matters.

The Regulation’s text contains citation notes showing insertions and amendments. The instrument also expressly repeals the previous Regional Development Regulation 2012, and Schedule 1 entries carry their own amendment annotations. The explicit amendment history recorded within the Regulation is as follows:

• Clause 3 (Definitions). The definitions clause includes amendment annotations: “cl 3: Am 2023 (575), Sch 1[1]; 2024 (366), Sch 1[1]”. This indicates that cl 3 was amended in 2023 by instrument number 575, Schedule 1 paragraph 1, and further amended in 2024 by instrument 366, Schedule 1 paragraph 1.

• Clause 4A (Regional Development Advisory Council). The heading and clause contain an insertion and subsequent amendments: “cl 4A: Ins 2023 (575), Sch 1[2]. Am 2024 (366), Sch 1[2] [3]; 2024 No 64, Sch 2.” This shows cl 4A was inserted by the 2023 instrument 575 and amended by the 2024 instruments cited, including an amendment made by instrument 2024 No 64, Schedule 2. The precise content changes are specified in the text , for instance the addition of subsection (3A), (4), (5) and the definition of Aboriginal person in (7) , but the amendment note identifies the instruments and schedules that modified the clause.

• Clause 4B (Keeping of information by Advisory Council). The clause has an insertion notation: “cl 4B: Ins 2023 (575), Sch 1[2]”. This indicates cl 4B was inserted by the 2023 instrument.

• Schedule 1 (Constitution and procedure of Advisory Council). The schedule carries an insertion and amendment history note at its heading: “sch 1: Ins 2023 (575), Sch 1[3]. Am 2024 (366), Sch 1[4]-[8].” That shows the schedule was inserted by the 2023 instrument and subsequently amended in 2024 by instrument 366 across multiple schedule paragraphs.

• Specific schedule provisions. Several schedule clauses reference insertion and amendment dates in the document text. For example, the schedule header and the preliminary note reflect the insertion dates, and the schedule clause 3 and clause 4 contain removal and public statement provisions that were likely part of the 2023 insertions or 2024 amendments as indicated by the schedule notes.

• Repeal of the 2012 Regulation. Clause 5 records the repeal of the Regional Development Regulation 2012 and the savings provision, which is a key part of the amendment history as the 2018 Regulation replaced the 2012 instrument on commencement. The commencement clause (cl 2) notes that this Regulation repeals and replaces the 2012 Regulation, which otherwise would have been repealed on 1 September 2018 by s 10(2) of the Subordinate Legislation Act 1989. This indicates the 2018 instrument’s timing and replacement effect.

• Commencement. Clause 2 specifies that the Regulation commences on publication on the NSW legislation website, a standard commencement clause. The note to cl 2 references the repeal of the earlier Regulation.

The recorded amendment history shows a notable recent legislative activity in 2023 and 2024 that inserted the Advisory Council provisions and the Schedule establishing its constitution and procedure. The 2023 instrument 575 appears to have introduced the Advisory Council provisions and Schedule 1; subsequent 2024 amendments (instrument 366 and No 64) adjusted particulars of those provisions. The internal annotations enable practitioners to track which paragraphs were inserted or amended by which instruments and in which schedule paragraphs.

What the Regulation does not do in its amendment history is set out a narrative or explanation within the text itself about the policy reasons for each amendment. The amendments are recorded as usual with standard statutory notation but any explanatory materials, such as an Explanatory Note or Second Reading Speech, are not present in the Regulation text itself. For an authoritative account of legislative intent behind the amendments practitioners must look to the instruments cited in the amendment notes and their explanatory materials.

Finally, clause-level notes in the Regulation point to later amendments; practitioners should cross-check the cited amending instruments (2023 (575), 2024 (366), 2024 No 64) to obtain the precise legislative history, including the operative dates of those amendments and any transitional provisions those instruments may have included.

The Regulation text contains no record of litigation, judicial decisions or tribunal determinations concerning the instrument or the Advisory Council. There are no cases named in the Regulation, and no paragraphs purporting to summarise court outcomes or to attach legal precedent. The instrument is a subordinate regulation; it sets out administrative structures and procedural requirements rather than creating standalone civil or criminal sanctions that would commonly produce reported litigation.

The text does, however, create points of potential administrative contention, because it centralises ministerial appointment and removal powers, places transparency obligations on removals, and mandates disclosure and recordkeeping. The Regulation itself does not provide appeal mechanisms for removal or suspension decisions. It does require the Minister to give a written statement of reasons and to make that statement publicly available when removing a member or Chair (sch 1 cl 3(5); sch 1 cl 4(3)). The absence of express appeal or internal review mechanisms in the Regulation means that any legal challenge to ministerial action would need to rely on general administrative law principles and other statutory remedies outside the Regulation. The Regulation does not describe or constrain those avenues.

Because the Regulation disqualifies Public Service employees and local government elected officials from appointment (cl 4A(5)), disputes about eligibility determinations could in theory arise. The Regulation also requires particulars of pecuniary disclosures to be available for inspection (sch 1 cl 15(6)); disputes about access to those particulars or about adequacy of disclosure could be litigated in contexts where legal rights to access intersect with privacy or public records law, although the Regulation itself does not address those intersecting regimes.

Practitioners seeking litigation history or disputes involving the Advisory Council should therefore check external databases and tribunal records; the Regulation does not provide any litigation references.

In short, the instrument does not record litigation history and is silent on procedural remedies for ministerial actions under the Regulation beyond the transparency obligations the Minister must follow when removing a member. Any litigation involving the Council or the Minister arising from actions connected to the Regulation would be pursued under general administrative law and other applicable statutes, not under any litigation-specific rules contained within this Regulation.

The Regulation contains several provisions and silences that can generate practical pitfalls for Ministers, prospective appointees, departmental staff, and compliance officers. These are matters where careful attention to the exact text and its operational consequences is necessary.

1. The Minister’s discretion is broad but removal must be publicly justified. The Minister has wide appointment, suspension and removal powers (cl 4A(1)-(2); sch 1 cl 4(2); sch 1 cl 5(1); sch 1 cl 3(4)), but the Regulation requires the Minister to give a written statement of reasons and to make it publicly available when removing a Chair or member (sch 1 cl 3(5); sch 1 cl 4(3)). Procedurally, that means removals cannot be entirely opaque. The “gotcha” is that the Regulation requires publication of reasons but provides no guidance on timing, scope or redaction for privacy concerns. Implementation must balance transparency obligations in the Regulation with privacy and confidentiality laws.

2. Members are not Public Service employees and may not enjoy employment protections. Schedule 1 expressly states that provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to a member (sch 1 cl 7). This has practical consequences for disputes over payments, termination and entitlements. Because the Regulation is silent on remuneration and expense reimbursement, practitioners must look to separate instruments or departmental policies. It is a “gotcha” that statutory employment protections do not apply by default.

3. Broad pecuniary-interest definitions with no decision-invalidating remedy. The pecuniary interest provisions treat a member’s spouse, relative, business partner, employer and companies in which the member or associated persons are members as the member’s interests unless the member is unaware (sch 1 cl 15(3)-(4)). However, contravention of the disclosure rules does not invalidate a Council decision (sch 1 cl 15(9)). So a failure to disclose may not be remedied by invalidating decisions. The practical risk is reputational or political rather than statutory nullity; nevertheless legal risk could arise under other statutes or due process obligations outside the Regulation.

4. Absence rule can lead to a vacancy without formal removal proceedings. A member’s office becomes vacant if they are absent from three consecutive meetings of which reasonable notice has been given, unless excused or on leave (sch 1 cl 4(1)(e)). That could lead to automatic vacancy in circumstances where a member is incapacitated or otherwise unable to attend, and it requires careful recording of notices and excuses. Departments and Chairs should track meeting attendance carefully to avoid inadvertent vacancies.

5. The Aboriginal member test is multi-part and requires Ministerial judgement. The Regulation defines “Aboriginal person” by a three-part test (cl 4A(7)): descent, identification, and acceptance by an Aboriginal community. For appointment under cl 4A(3)(b) the Minister must also have regard to knowledge and experience supporting economic development within Aboriginal communities with particular examples given (cl 4A(4)). The “gotcha” is that these are factual and sensitive determinations; the Regulation places the judgment on the Minister and requires evidential scrutiny. Mistakes in administration could provoke controversy about legitimacy or representation.

6. Composition numerical constraints. The Regulation requires at least three but no more than five subject-matter experienced members and in total at least five and no more than seven members (cl 4A(2)-(3)(a)). This leaves a narrow mathematical space for appointments and requires the Minister to balance composition carefully. A miscount in instruments of appointment can result in invalid composition.

7. Dual references and possible typographical carry-overs. Clause 4A(5)(b) disqualifies officers or employees of the Commonwealth, other than the person referred to in subsection (3)(d), but subsection (3)(d) is not visible in the printed excerpt and could indicate a drafting or cross-referencing issue if the Minister’s instrument rests on an unclear exception. Practitioners should confirm the full official published instrument to ensure no misreading.

8. Records obligation is ministerially triggered. Clause 4B requires the Council to keep copies of information and reports and to give copies to the Minister at the Minister’s request. The “gotcha” is that the duty to produce is Minister-triggered; there is no automatic periodic reporting requirement in the Regulation. The Minister must ask to trigger delivery; it is not automatic.

9. Observers and administrative staff presence. Departmental staff and the Secretary may attend as observers at all parts of Council meetings (sch 1 cl 16). This dynamic could affect confidentiality, external stakeholder willingness to speak openly, and the Council’s internal deliberations. The Regulation mandates observers but does not qualify or restrict their role beyond saying they are observers.

10. No explicit funding or remuneration rules. The Regulation is silent on payment of members. Practitioners should not assume remuneration or expense coverage; separate instruments or policies must be used to address those matters. The absence of explicit entitlement rules interacts with sch 1 cl 7 excluding members from Public Service employment provisions.

11. Contradictions between document notes and operative text. Clause 3(2) says notes do not form part of the Regulation. Practitioners must therefore rely only on operative clauses and not on embedded notes for legal obligations. This is a common drafting rule but a practical “gotcha” when relying on explanatory notes or ancillary observations within the instrument.

12. Repeal-savings may mask transitional detail. Clause 5(2) saves any act, matter or thing that had effect under the 2012 Regulation so it continues to have effect. However, the Regulation itself does not list which acts, matters or things qualify or indicate how ongoing proceedings are to be handled. Implementing agencies must identify any continuing matters and convert them into a form consistent with the new Regulation.

In practice, these gotchas require administrative diligence: careful drafting of instruments of appointment, meticulous minute-taking and attendance records, clarity in remuneration arrangements outside the Regulation, cautious handling of sensitive Aboriginal identity determinations, and a clear internal policy on disclosure access and privacy. Failure to attend to these operational details will produce governance risks even though the Regulation mainly sets procedural and composition rules rather than substantive powers.

This section provides a practical compliance checklist mapped to the Regulation’s operative provisions. It is structured as tasks for the Minister’s office, the Advisory Council and the department. Each step cites the regulatory clause(s) that create the obligation or authority.

For the Minister’s office

1. Establish the Advisory Council by appointment. Ensure an instrument of appointment is prepared that specifies the term of office for each appointee not exceeding three years (cl 4A(1)-(2); sch 1 cl 2(1)). Confirm total membership is between 5 and 7.

2. Satisfy composition requirements in appointment decisions. Appoint at least three, but no more than five, members who have relevant subject-matter experience as defined in cl 3(1) and cl 4A(3)(a). Appoint one Aboriginal person meeting the Regulation’s three-part test and with the relevant economic development experience considerations (cl 4A(3)(b); cl 4A(4); cl 4A(7)). Appoint one representative of Regional Development Australia or, in the Minister’s opinion, another regional body (cl 4A(3)(c)). Record the Minister’s consideration of cl 4A(3A) matters (whether the person has lived and worked in a regional area; whether appointment contributes to a range of skills and backgrounds).

3. Check eligibility before appointment. Verify that prospective appointees are not Public Service employees as defined in the Government Sector Employment Act 2013, not officers or employees of the Commonwealth (unless they are the specific exception if applicable), and not elected to civic office under the Local Government Act 1993 (cl 4A(5)). Document eligibility checks for auditability.

4. Appoint the Chair. Prepare a separate instrument appointing one member as Chairperson (sch 1 cl 3(1)). Provide the Chair with information about presiding responsibilities, quorum and voting rules (sch 1 cl 10-12).

5. Specify terms and reappointment policies. Set terms in instruments consistent with sch 1 cl 2: terms no longer than three years; members may be reappointed but must not serve more than two consecutive terms. Maintain a reappointment register to track consecutive terms.

6. Prepare for first meeting. The Minister may call the first meeting in the way the Minister thinks fit (sch 1 cl 9). Coordinate meeting logistics and provide draft procedural rules to Council members.

7. Manage removal, suspension and acting appointments. If removal or suspension is required, provide written notice and, for removals, a written statement of reasons that is to be made publicly available (sch 1 cl 3(4)-(5); sch 1 cl 4(2)-(3); sch 1 cl 5). When appointing acting members or revoking acting appointments, prepare appropriate instruments (sch 1 cl 6(1)-(3)).

For the Advisory Council (practical steps for internal governance)

1. Elect Deputy Chair promptly. The Council must elect a Deputy Chair at an early meeting (sch 1 cl 3(2)). Maintain a written resolution of the election and record it in the minutes.

2. Adopt procedural rules. Exercise the power to determine procedures for calling meetings and conducting business within the statutory constraints (sch 1 cl 8(1)). Ensure the agenda for all meetings includes an item on disclosure of pecuniary interests and other conflicts (sch 1 cl 8(2)). Adopt a quorum rule consistent with sch 1 cl 10 that a majority of members constitutes a quorum.

3. Keep full and accurate minutes. The Council must keep full and accurate minutes of proceedings of each meeting (sch 1 cl 13). Assign minute-taking responsibility to departmental staff under sch 1 cl 17 or to a designated secretariat.

4. Manage attendance and leave. Track member attendance to ensure members do not incur automatic vacancies by being absent from three consecutive notified meetings without an approved leave or excuse (sch 1 cl 4(1)(e)). Maintain records of notices sent and excuses granted.

5. Handle electronic participation and circulated papers properly. If using circulation of papers as a decision-making mechanism, ensure written resolutions are approved in writing by a majority and recorded in minutes (sch 1 cl 14(1)(a); sch 1 cl 14(2)-(4)). For meetings with teleconference or audio-visual participation, ensure a member speaking can be heard by others (sch 1 cl 14(1)(b)).

6. Implement a disclosure register and inspection process. Adopt a register for pecuniary interests that records particulars of disclosures required by sch 1 cl 15. Ensure each disclosure is recorded in minutes and that particulars are available for inspection on request (sch 1 cl 15(6)). Develop a process to manage requests for inspection consistent with privacy and public records obligations.

7. Manage conflict processes. Where a disclosure is made, ensure the member is not present for consideration or decision-making unless the Minister or the Advisory Council otherwise determines (sch 1 cl 15(7)). Document any determinations allowing participation. Remember that contravention does not automatically invalidate decisions (sch 1 cl 15(9)), but non-compliance should be handled in line with governance standards.

For the department and administrative staff

1. Provide administrative support and secretariat functions. Departmental staff must provide administrative support for Advisory Council meetings (sch 1 cl 17). This includes agenda circulation, minute-taking, records management, arranging meeting venues or teleconference technology, and handling correspondence with the Minister and members.

2. Observe meetings as required and manage confidentiality protocols. The Secretary and departmental staff may attend as observers at all parts of meetings (sch 1 cl 16). Establish clear observer protocols addressing confidentiality, documents handling and engagement with members.

3. Maintain records and supply to Minister on request. Ensure copies of information and reports considered or prepared are retained and can be supplied to the Minister upon request as required by cl 4B. Maintain a centralised repository for these materials and a log of Ministerial requests and supplied documents.

4. Track terms, appointments and eligibility. Maintain a register of members, instruments of appointment, terms, reappointment history and declarations of ineligibility under cl 4A(5). Ensure smooth transitions when filling vacancies and accurate records when acting appointments or suspensions occur.

Additional compliance considerations

• Employment and remuneration arrangements. Because sch 1 cl 7 excludes members from Public Service employment provisions, any remuneration, fees or expense reimbursement should be set out in a separate instrument or contract. Ensure legal review of any proposed payment arrangements and documentation of contractual terms.

• Privacy and public access. Develop a protocol to balance disclosure particulars’ public inspection under sch 1 cl 15(6) with privacy obligations. Consider redaction practices and record the legal basis for any refusal to disclose.

• Aboriginal representation sensitivity. When appointing the Aboriginal member, document the evidentiary basis for the three-part test (descent, identification, community acceptance) and the economic development experience elements (cl 4A(4) and cl 4A(7)). Keep clear records to support the Minister’s decision.

• Liaison with Regional Development Australia. If appointing a representative of RDA, confirm the authorised representative and maintain correspondence confirming the nomination and competence to act on behalf of RDA or an equivalent body (cl 4A(3)(c)).

• Repeal-savings transition. Identify any acts, matters or things that had effect under the 2012 Regulation and ensure they are recorded as continuing under the new Regulation per cl 5(2).

By following this checklist, practitioners can ensure that appointment instruments, internal Council rules, minute keeping, disclosure registers and departmental support arrangements align with the Regulation’s textual requirements. It is prudent to document each stage carefully in written instruments and procedural manuals because the Regulation places emphasis on written notices, instruments, minutes and the public availability of removal reasons and disclosure particulars.