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The Administrative Arrangements (Interim Ministerial Changes) Order 2023 is repealed.Note—The Administrative Arrangements (Interim Ministerial Changes) Order 2023 commenced on 28 March 2023.It is replaced by this order and the Administrative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.
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.
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—(c) Home Building Act 1989, Parts 6, 6A, 6B and 6C,(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,(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.
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
pt 7: Ins 2023 (648), Sch 1.
Division 1 Transfers to Department of Climate Change, Energy, the Environment and Water
pt 7, div 1, hdg: Ins 2023 (648), Sch 2[1].
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.
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.
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
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.
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.
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
pt 7, div 2: Ins 2023 (648), Sch 2[2].
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].
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].