New South Wales Administrative Arrangements Order 2014 under the Constitution Act 1902 MARIE BASHIR, Governor I, Professor The Honourable Marie Bashir AC, CVO, Governor of the State of New South Wales, with the advice of the Executive Council, and in pursuance of Part 7 of the Constitution Act 1902 and provisions of the Government Sector Employment Act 2013 authorising the making of orders under that Part, make the following Order. Dated, this 29th day of January 2014. By Her Excellency’s Command, BARRY O’FARRELL, MP Premier Published LW 29 January 2014 (2014 No 11) Administrative Arrangements Order 2014 [NSW] Contents Page 1 Name of Order 3 2 Commencement 3 3 Definitions 3 4 Substitution of Schedule 1 to GSE Act 3 5 Establishment of Public Service agencies 7 6 Ministers to whom Public Service agencies responsible 7 7 Abolition of principal Departments under former Act and transfer of staff to corresponding Departments 9 8 Abolition of other Government Service Divisions and transfer of staff to corresponding or other Public Service agencies 9 9 Transfer of parts of principal Departments under former Act to new Public Service agencies 12 10 Construction of references to Chief Executive Officer of Safety, Return to Work and Support 14 11 Savings, transitional and other provisions 14 Page 2 Published LW 29 January 2014 (2014 No 11) Administrative Arrangements Order 2014 [NSW] Administrative Arrangements Order 2014 under the Constitution Act 1902 1 Name of Order This Order is the Administrative Arrangements Order 2014. 2 Commencement This Order commences on 24 February 2014 and is required to be published on the NSW legislation website. 3 Definitions In this Order: document means any Act or statutory or other instrument, or any contract or agreement. former Act means the Public Sector Employment and Management Act 2002. GSE Act means the Government Sector Employment Act 2013. 4 Substitution of Schedule 1 to GSE Act Omit Schedule 1 to the GSE Act. Insert instead: Schedule 1 Public Service agencies (Section 22) Note. Section 47A of the Constitution Act 1902 precludes a statutory body or statutory officer from employing staff unless specifically authorised to do so by legislation. Section 21 of this Act enables staff to be employed under this Act in Departments or other Public Service agencies to enable Ministers, statutory bodies or statutory officers to exercise their functions. For example, the Public Service agencies referred to in this Schedule as staff agencies comprise persons who are employed under this Act to enable the statutory body included in the name of the agency to exercise its functions. Under section 59 of this Act, the persons employed in a Department or other Public Service agency to enable a statutory body or statutory officer to exercise functions may be referred to as the officers or employees, or members of staff, of the statutory body or statutory officer. Part 1 Departments Department of Attorney General and Justice Department of Education and Communities Department of Family and Community Services Department of Finance and Services Ministry of Health Department of Premier and Cabinet Department of Trade and Investment, Regional Infrastructure and Services Page 3 Published LW 29 January 2014 (2014 No 11) Administrative Arrangements Order 2014 [NSW] Department of Transport The Treasury Part 2 Executive agencies related to Departments The agency heads marked with an asterisk are statutory officers and do not hold offices established by this Act in the Public Service. Executive agency Head of agency Related Department Art Gallery of New South Director of the Art Department of Trade and Wales Trust Staff Agency Gallery of New South Investment, Regional Wales Infrastructure and Services. The Minister administering the Art Gallery of New South Wales Act 1980 is to exercise the employer functions of the Government in relation to the Director. Australian Museum Trust Director of the Australian Department of Trade and Staff Agency Museum Investment, Regional Infrastructure and Services. The Minister administering the Australian Museum Trust Act 1975 is to exercise the employer functions of the Government in relation to the Director. Barangaroo Delivery Chief Executive Officer Department of Premier and Authority Staff Agency of the Barangaroo Cabinet Delivery Authority Community Relations Chief Executive Officer Department of Education and Commission Staff Agency of the Agency Communities. The Minister administering the Community Relations Commission and Principles of Multiculturalism Act 2000 is to exercise the employer functions of the Government in relation to the Chief Executive Officer. Crown Solicitor’s Office Crown Solicitor Department of Attorney General and Justice Destination NSW Staff Chief Executive Officer Department of Trade and Agency of Destination NSW Investment, Regional Infrastructure and Services. The Minister administering the Destination NSW Act 2011 is to exercise the employer functions of the Government in relation to the Chief Executive Officer. Office of Environment and Chief Executive of the Department of Premier and Heritage Office Cabinet Fire and Rescue NSW Commissioner of Fire Department of Attorney General and Rescue NSW and Justice. The Minister administering the Fire Brigades Act 1989 is to exercise the employer functions of the Government in relation to the Commissioner. Page 4 Published LW 29 January 2014 (2014 No 11) Administrative Arrangements Order 2014 [NSW] Executive agency Head of agency Related Department Health Professional Secretary of the Ministry Ministry of Health Councils Authority Office of Health Home Care Service Staff Secretary of the Department of Family and Agency Department of Family Community Services and Community Services Independent Liquor and Chief Executive of the Department of Trade and Gaming Authority Staff Independent Liquor and Investment, Regional Agency Gaming Authority Infrastructure and Services Infrastructure NSW Staff Chief Executive Officer Department of Premier and Agency and Co-ordinator Cabinet. The Minister General, Infrastructure administering the Infrastructure NSW NSW Act 2011 is to exercise the employer functions of the Government in relation to the Chief Executive Officer and Co-ordinator General. Institute of Sport Staff Secretary of the Department of Education and Agency Department of Education Communities and Communities Library Council of New State Librarian Department of Trade and South Wales Staff Agency Investment, Regional Infrastructure and Services. The Minister administering the Library Act 1939 is to exercise the employer functions of the Government in relation to the State Librarian. Office of Local Chief Executive of the Department of Premier and Government Office Cabinet Local Land Services Staff Chair of the Board of Department of Trade and Agency Chairs under the Local Investment, Regional Land Services Act 2013 Infrastructure and Services Mental Health Secretary of the Ministry Ministry of Health Commission Staff Agency of Health Natural Resources *Commissioner for the Department of Premier and Commission Staff Agency Commission Cabinet NSW Institute of Secretary of the Ministry Ministry of Health Psychiatry Staff Agency of Health Office of the NSW Rural Commissioner of the Department of Attorney General Fire Service NSW Rural Fire Service and Justice. The Minister administering the Rural Fires Act 1997 is to exercise the employer functions of the Government in relation to the Commissioner. NSW State Emergency Commissioner of the Department of Attorney General Service NSW State Emergency and Justice. The Minister Service administering the State Emergency Service Act 1989 is to exercise the employer functions of the Government in relation to the Commissioner. Page 5 Published LW 29 January 2014 (2014 No 11) Administrative Arrangements Order 2014 [NSW] Executive agency Head of agency Related Department Parliamentary Counsel’s Parliamentary Counsel Department of Premier and Office Cabinet Planning and Infrastructure Director-General of Department of Premier and Planning and Cabinet. The Minister Infrastructure administering this Act is to exercise the employer functions of the Government in relation to the Director-General. Ministry for Police and Chief Executive of the Department of Attorney General Emergency Services Ministry and Justice. The Minister administering this Act is to exercise the employer functions of the Government in relation to the Chief Executive. Service NSW Chief Executive Officer Department of Premier and of Service NSW Cabinet Sydney Cricket and Sports Secretary of the Sydney Department of Education and Ground Trust Staff Agency Cricket and Sports Communities Ground Trust Sydney Opera House Trust Chief Executive of the Department of Trade and Staff Agency Sydney Opera House Investment, Regional Trust Infrastructure and Services. The Minister administering the Sydney Opera House Trust Act 1961 is to exercise the employer functions of the Government in relation to the Chief Executive. Trustees of the Museum of Director of the Museum Department of Trade and Applied Arts and Sciences of Applied Arts and Investment, Regional Staff Agency Sciences Infrastructure and Services. The Minister administering the Museum of Applied Arts and Sciences Act 1945 is to exercise the employer functions of the Government in relation to the Director. UrbanGrowth NSW Chief Executive of the Department of Premier and Development Corporation UrbanGrowth NSW Cabinet. The Minister Staff Agency Development administering