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 2 Provisions consequent on making of Administrative Arrangements (Minns Ministry—Administration of Acts) 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The Administrative Arrangements (Interim Ministerial Changes) Order 2023 is repealed.Note—The Administrative Arrangements (Interim Ministerial Changes) Order 2023 commenced on 28 March 2023.It is replaced by this order and the Administrative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.
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.
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.
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
pt 3: Ins 2023 (236), Sch 4[8].
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
pt 4: Ins 2023 (316), Sch 1[1].
9 Definition
In this part—transferred part—see section 11.s 9: Ins 2023 (316), Sch 1[1].
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].
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].
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
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].
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
pt 5: Ins 2023 (345), Sch 1.
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.
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.
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.