Chapter 4 Administrative changes
Part 4.1 Orders concerning Divisions of the Government Service
104 Creation and change in relation to Divisions
(1) The Governor may by order:(a) establish, abolish or change the name of any Division of the Government Service (or any branch of any Division of the Government Service), or(b) remove a branch from any Division of the Government Service, or(c) add a branch to any Division of the Government Service,Note. Any other Act may establish, abolish or change the name of a Division of the Government Service by amendment of Schedule 1 to insert, omit or change the name of the Division, respectively.(2) If the Governor removes a branch from any Division of the Government Service and adds it to another Division:(a) so much of the staff of the first-mentioned Division as relates to the branch become correspondingly part of the staff of the other Division, and(b) the staff of the branch continue to occupy their positions in the branch but as members of the staff of that other Division.(3) In this section, branch means a branch or other part of a Division of the Government Service.(4) For the purposes of this section, the NSW Police Force is taken to be a Division of the Government Service but only in relation to that part of the NSW Police Force comprising administrative officers within the meaning of the Police Act 1990.
105 Other orders in relation to Divisions
The Governor may, by order, do any of the following:(a) amend Column 1 of any Part of Schedule 1 by inserting, omitting or changing the name of a Division of the Government Service,(b) amend Column 2 of any Part of Schedule 1 by inserting the title or other description of an office or position opposite an entry in Column 1 of the Part, or by omitting or amending a title or other description in Column 2 of the Part,(c) specify, in the case of a Division referred to in Part 2 of Schedule 1, that the Division is a Division to which section 124 applies,(d) remove any such specification in relation to a Division referred to in Part 2 of Schedule 1,(e) specify, in the case of a Division referred to in Part 3 of Schedule 1, limitations with respect to which the employment of staff in the Division are subject,(f) amend or remove any such specified limitations in relation to a Division referred to in Part 3 of Schedule 1,(g) omit any or all Parts of Schedule 1 and insert instead a Part or Parts containing in Column 1 the names of Divisions of the Government Service (and any other matter relating to them that may be the subject of an order under this Chapter) and containing in Column 2 the titles or other descriptions of offices or positions.
106 Orders specifying responsible Minister
The Governor may by order specify the Minister who is to be responsible for a Division of the Government Service.
Part 4.2 Other administrative changes orders
(1) In this Part:administrative change means:
(a) the fact of there ceasing to be a Minister, Division of the Government Service or officer of a particular description, or(b) the transfer of the administration of an Act, or a part of an Act, from a Minister to another Minister, or(c) the transfer of a function from a Minister, Division of the Government Service or officer to another Minister, Division or officer, respectively.description includes title.
Division of the Government Service includes any branch or other part of a Division.
officer means a member of staff of a Division of the Government Service.
reference, in relation to a Minister, Division of the Government Service or officer, includes a reference that (whether by or under this or any other Act) is to be read or construed as, or taken to be, or deemed to be, or otherwise treated as, a reference to that Minister, Division or officer.
statutory instrument means an instrument made under an Act or under an instrument made under an Act, and includes a regulation, rule, by-law or ordinance made under an Act.
(2) For the purposes of this Part, the NSW Police Force is taken to be a Division of the Government Service but only in relation to that part of the NSW Police Force comprising administrative officers within the meaning of the Police Act 1990.
108 Orders to change references in Acts
(1) The Governor may make orders containing provisions requiring a reference in any Act or statutory instrument, or in any other instrument, or in any contract or agreement, to a Minister, Division of the Government Service or officer by a specified description to be construed as a reference to a Minister, Division or officer, respectively, by another specified description.(2) Such a provision does not apply to or in respect of any Act or statutory instrument, or any other instrument, or any contract or agreement, enacted, made or entered into after the date of publication on the NSW legislation website of the order in which the provision is contained, or the date on which the provision takes effect, whichever is the later.(3) An order under this section need not be consequential on or incidental to administrative change.
109 Orders re administrative change and other matters
(1) The Governor may make orders containing such provisions as in the opinion of the Governor are necessary or convenient to be made for the purpose of dealing with matters that are incidental to or consequential on administrative change, the making of an order under this Part or a requirement imposed by an order under this Part.(2) The provisions that may be made by an order under this section include provisions for the transfer of any property, rights and liabilities held, enjoyed or incurred by a superseded authority, and provisions of a transitional or savings nature, including any of the following provisions:(a) provisions for the carrying on or completion of anything commenced by, or under the authority of, or in relation to, a superseded authority,(b) provisions for the continuity of any body constituted by, or having amongst its members, a superseded authority,(c) provisions for the substitution, in any legal proceedings, of a Minister or officer for a superseded authority.(3) In this section:superseded authority means a Minister, Division of the Government Service or officer who is, or whose description is, the subject of an order under this Part.
Part 4.3 Requirements concerning orders
110 Publication and commencement of orders
(1) An order under this Chapter is to be published on the NSW legislation website.(2) The order takes effect on the date of its publication on the NSW legislation website, or on such other date as may be specified in the order. The commencement date can be a date that is earlier than the date of publication of the order on the NSW legislation website.
111 Limited, general and differential application of orders
An order under this Chapter may be made so as:(a) to apply generally or be limited in its application by reference to specified exceptions or factors, or(b) to apply differently according to different factors of a specified kind.
(1) An order under this Chapter does not invalidate anything done or omitted to be done before the date of its publication on the NSW legislation website.(2) To the extent to which an order under this Chapter takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the order does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
An order may be made under this Chapter combining any 2 or more of the provisions authorised by this Chapter, including provisions authorised under different sections.