Public Sector Employment and Management (General) Order 2007
Gazette No 47 of 2.4.2007, p 2098 (as amended in Gazettes No 51 of 13.4.2007, p 2165; No 56 of 20.4.2007, p 2433; No 57 of 26.4.2007, p 2439 (see also erratum published in GG No 63 of 4.5.2007, p 2594) and No 65 of 9.5.2007, p 2671)
This Order is the Public Sector Employment and Management (General) Order 2007.
(1) This Order commences on 27 April 2007, except as provided by subclause (2).(2) Parts 1 and 2 commence on 2 April 2007.
In this Order:document means any Act or statutory instrument, or any other instrument, or any contract or agreement.
4 Construction of references to Minister for the Environment
(1) References generally
In any document, a reference to the Minister for the Environment is to be construed as a reference to the Minister for Climate Change, Environment and Water or to the Minister Assisting the Minister for Climate Change, Environment and Water (Environment), except as provided by subclause (2).(2) References in relation to water sharing plans etc
A reference in section 7 (2), 13 (1) (g), 41 (2), 43 (3), 45 (3), 50 (3) or 75 (2) of the Water Management Act 2000 to the Minister for the Environment is to be construed as a reference to the Minister for Primary Industries.
5 Construction of references to Minister for Natural Resources
(1) In any document, a reference to the Minister for Natural Resources is to be construed:(a) except as otherwise provided by this clause, as a reference to the Minister for Climate Change, Environment and Water, or(b) if used in or in relation to legislation administered by the Minister for Primary Industries, as a reference to the Minister for Primary Industries, or(c) if used in or in relation to legislation administered by the Minister for Lands, as a reference to the Minister for Lands.(2) A reference to the Minister for Natural Resources in section 14 or 27 of the Forestry and National Park Estate Act 1998 (and in any forestry agreement or integrated forestry operations approval made or granted under that Act before the commencement of this Order), being a reference that is required to be construed as a reference to the Premier because of the Public Sector Employment and Management (Natural Resources) Order 2006, is to be construed as a reference to the Minister for Climate Change, Environment and Water.
6 Construction of references to Minister for Tourism and Sport and Recreation
In any document, a reference to the Minister for Tourism and Sport and Recreation is to be construed:(a) if used in or in relation to legislation administered by the Minister for Tourism, as a reference to the Minister for Tourism, or(b) if used in or in relation to legislation administered by the Minister for Sport and Recreation, as a reference to the Minister for Sport and Recreation.
7 Construction of references to Minister for Small Business
In any document, a reference to the Minister for Small Business is to be construed as a reference to the Minister for Small Business and Regulatory Reform.
9 Construction of certain reference in Forestry Restructuring and Nature Conservation Act 1995
The reference in section 4 (3) of the Forestry Restructuring and Nature Conservation Act 1995 to the Minister for Land and Water Conservation is to be construed as a reference to the Minister for Primary Industries.
10 Construction of references to Minister for Commerce in relation to certain legislation
In any document, a reference to the Minister for Commerce, if used in or in relation to legislation administered by the Minister Assisting the Minister for Finance, is to be construed as a reference to the Minister Assisting the Minister for Finance.
11 Construction of certain references in Universities legislation
A reference in any of the following provisions (and in any instrument of any kind, or in any contract or agreement, made pursuant to any such provision) to the Minister for Natural Resources or the Minister for Land and Water Conservation is to be construed as a reference to the Minister for Lands:(a) section 24 (1) (a) of the Charles Sturt University Act 1989,(b) section 21 (1) (a) of the Macquarie University Act 1989,(c) section 21 (1) (a) of the Southern Cross University Act 1993,(d) section 21 (1) (a) of the University of New England Act 1993,(e) section 20 (1) (a) of the University of New South Wales Act 1989,(f) section 21 (1) (a) of the University of Newcastle Act 1989,(g) section 21 (1) (a) of the University of Sydney Act 1989,(h) section 21 (1) (a) of the University of Technology, Sydney, Act 1989,(i) section 27 (1) (a) of the University of Western Sydney Act 1997,(j) section 21 (1) (a) of the University of Wollongong Act 1989.
Part 3 Divisions and officers of the Government Service
12 Change of name of Premier’s Department to Department of Premier and Cabinet
(1) The name of the Premier’s Department is changed to the Department of Premier and Cabinet. The Department is responsible to the Premier.(2) In any document, a reference to the Premier’s Department is to be construed as a reference to the Department of Premier and Cabinet.
13 Abolition of The Cabinet Office and transfer of branches to Department of Premier and Cabinet
(1) All branches are removed from The Cabinet Office and added to the Department of Premier and Cabinet.(2) The Parliamentary Counsel’s Office continues as a separate office within the Department of Premier and Cabinet.(3) The Cabinet Office is abolished as a Division of the Government Service.(4) In any document, a reference to The Cabinet Office is to be construed as a reference to the Department of Premier and Cabinet.(5) This clause is subject to clauses 18 and 20.
14 Establishment of Office of Co-ordinator General as a separate office within Department of Premier and Cabinet
(1) The Office of Co-ordinator General is established as a separate office within the Department of Premier and Cabinet.(2) The Office of Co-ordinator General includes the Infrastructure Implementation Group, the staff transferred under subclause (3) and such other staff within the Department of Premier and Cabinet as the Director-General of that Department assigns to that Office.(3) Such staff in the Department of State and Regional Development as the Director-General of the Department of Premier and Cabinet determines are required in connection with the Office of Co-ordinator General are removed from the Department of State and Regional Development and added to the Department of Premier and Cabinet.
15 Change of name of Department of Environment and Conservation to Department of Environment and Climate Change
(1) The name of the Department of Environment and Conservation is changed to the Department of Environment and Climate Change. The Department is responsible to the Minister for Climate Change, Environment and Water.(2) In any document, a reference to the Department of Environment and Conservation is to be construed as a reference to the Department of Environment and Climate Change.
16 Establishment of Department of Water and Energy
The Department of Water and Energy is established as a Division of the Government Service responsible to the Minister for Climate Change, Environment and Water and to the Minister for Energy.
17 Abolition of Department of Natural Resources and transfer of branches to DECC etc
(1) Transfer of DNR staff to DECC
All branches (other than the staff referred to in subclauses (2)–(4A)) are removed from the Department of Natural Resources and added to the Department of Environment and Climate Change.Note. The transferred staff include the following:(a) DNR staff involved in the administration of the Native Vegetation Act 2003,(b) DNR staff involved in the administration of the Catchment Management Authorities Act 2003,(c) DNR staff involved in environmental water management and environmental water recovery programs,(d) DNR staff involved in riverbank, coastal and floodplain management and policy (including the administration of the Coastal Management, Estuary Management and Floodplain Management Programs),(e) DNR staff involved in soil and vegetation management and policy.(2) Transfer of certain DNR staff to Department of Lands
The group of staff who, in the opinion of the Director-General of the Department of Premier and Cabinet, are principally involved in the administration of the Western Lands Act 1901, the Hay Irrigation Act 1902 or the Wentworth Irrigation Act 1890 are removed from the Department of Natural Resources and added to the Department of Lands.(3) Transfer of certain DNR staff to DWE
The groups of staff who, in the opinion of the Director-General of the Department of Premier and Cabinet:(a) are principally involved in the administration of the Water Act 1912 and the Water Management Act 2000 (other than staff principally involved in environmental water management and environmental water recovery programs), or(b) are principally involved in the administration of the Murray–Darling Basin Act 1992 (including in connection with proposed Commonwealth water legislation relating to the Murray–Darling Basin),are removed from the Department of Natural Resources and added to the Department of Water and Energy.(4) Transfer of certain DNR staff to Department of Primary Industries
The group of staff who, in the opinion of the Director-General of the Department of Premier and Cabinet:(a) are principally involved in providing soil conservation services to landowners (including in connection with salinity and acid-sulphate soils), or(b) are principally involved in forestry structural adjustment, or(c) are principally involved in the administration of the Plantations and Reafforestation Act 1999,(d) (Repealed)are removed from the Department of Natural Resources and added to the Department of Primary Industries.(4A) Transfer of certain DNR corporate services staff to Department of Primary Industries or Department of Commerce
The group of staff who, in the opinion of the Director-General of the Department of Premier and Cabinet, are principally involved in providing human resources, payroll, finance, information technology and other corporate services:(a) being such staff, if any, as that Director-General assigns to the Department of Primary Industries instead of the Department of Environment and Climate Change, are removed from the Department of Natural Resources and added to the Department of Primary Industries, or(b) being such staff, if any, as that Director-General assigns to the Department of Commerce instead of the Department of Environment and Climate Change, are removed from the Department of Natural Resources and added to the Department of Commerce.(5) Abolition of DNR
The Department of Natural Resources is abolished as a Division of the Government Service.(6) References to DNR
In any document, a reference to the Department of Natural Resources is to be construed:(a) as a reference to the Department of Lands if used in relation to the staff referred to in subclause (2), or(b) as a reference to the Department of Primary Industries if used in relation to the staff referred to in subclause (4) or (4A) (a), or(b1) as a reference to the Department of Commerce if used in relation to the staff referred to in subclause (4A) (b), or(c) as a reference to the Department of Water and Energy if used in relation to the staff referred to in subclause (3), or(d) in any other case, as a reference to the Department of Environment and Climate Change.
18 Transfer of certain other branches to DECC
(1) Transfer of NSW Greenhouse Office
The NSW Greenhouse Office is removed from The Cabinet Office and added to the Department of Environment and Climate Change. A reference in any document to The Cabinet Office (in relation to the National Emissions Trading Taskforce or the NSW Greenhouse Office) is to be construed as a reference to the Department of Environment and Climate Change.(2) Transfer of certain DPI staff
The groups of staff in the Department of Primary Industries who, in the opinion of the Director-General of the Department of Premier and Cabinet:(a) are principally involved in the administration of Division 2 of Part 7 (Aquatic reserves) of the Fisheries Management Act 1994, or(b) are principally involved in the administration of the Marine Parks Act 1997,are removed from the Department of Primary Industries and added to the Department of Environment and Climate Change.(2A) A reference in the Fisheries Management Act 1994 to the Director-General of the Department of Primary Industries is to be construed as a reference to the Director-General of the Department of Environment and Climate Change if the reference is used in relation to Division 2 of Part 7 of that Act.(3) Transfer of Marine Parks Authority Secretariat
The group of staff comprising the Marine Parks Authority Secretariat in the Department of Premier and Cabinet are removed from that Department and added to the Department of Environment and Climate Change.(4) The Resource and Conservation Unit is removed from the Department of Premier and Cabinet and added to the Department of Environment and Climate Change.
19 Abolition of Department of Energy, Utilities and Sustainability and transfer of branches
(1) Transfer of certain DEUS staff to DECC
The group of staff who, in the opinion of the Director-General of the Department of Premier and Cabinet, are principally involved in energy or water efficiency funding and renewable energy policy (other than staff principally involved in the administration of Part 8A of the Electricity Supply Act 1995) are removed from the Department of Energy, Utilities and Sustainability and added to the Department of Environment and Climate Change.(2) Transfer of certain DEUS staff to Office of Fair Trading
The group of staff who, in the opinion of the Director-General of the Department of Premier and Cabinet, are principally involved in the accredited service providers program are removed from the Department of Energy, Utilities and Sustainability and added to the Office of Fair Trading, Department of Commerce.(3) Transfer of all other DEUS staff to DWE
All other branches are removed from the Department of Energy, Utilities and Sustainability and added to the Department of Water and Energy.(4) Abolition of DEUS
The Department of Energy, Utilities and Sustainability is abolished as a Division of the Government Service.(5) References to DEUS
In any document, a reference to the Department of Energy, Utilities and Sustainability is to be construed:(a) as a reference to the Department of Environment and Climate Change if used in relation to staff referred to in subclause (1), or(b) as a reference to the Office of Fair Trading, Department of Commerce if used in relation to staff referred to in subclause (2), or(c) in any other case, as a reference to the Department of Water and Energy.
20 Transfer of certain other branches to Department of Water and Energy
(1) Metropolitan Water Directorate
The Metropolitan Water Directorate is removed from The Cabinet Office and added to the Department of Water and Energy. A reference in any document to The Cabinet Office (in relation to the Metropolitan Water Directorate) is to be construed as a reference to the Department of Water and Energy.(2) Energy policy staff in Treasury
The group of staff in the Treasury who, in the opinion of the Director-General of the Department of Premier and Cabinet, are principally involved in energy policy are removed from the Treasury and added to the Department of Water and Energy.
21 Establishment of NSWbusinesslink as a separate office within Department of Commerce
(1) NSWbusinesslink is established as a separate office within the Department of Commerce.(2) All branches are removed from NSWbusinesslink (as a Division of the Government Service) and added to NSWbusinesslink within the Department of Commerce.(3) NSWbusinesslink is abolished as a Division of the Government Service.(4) In any document, a reference to NSWbusinesslink (as a Division of the Government Service) is to be construed as a reference to NSWbusinesslink within the Department of Commerce.
22 Amendment of Public Sector Employment and Management Act 2002
Schedule 1 (Divisions of the Government Service) to the Public Sector Employment and Management Act 2002 is amended as set out in Schedule 1.
To avoid doubt, if:(a) this Order requires a reference to an officer (the former officer) in an instrument relating to a matter to be construed as a reference to another officer (the successor officer), and(b) the former officer is the prosecutor in any proceedings for an offence relating to such a matter,the prosecutor in those proceeding becomes, for the balance of the proceedings, the successor officer.
Schedule 1 Amendment of Public Sector Employment and Management Act 2002
(Clause 22)
[1] Schedule 1 Divisions of the Government Service
Omit from Part 1 (Public Service Departments) the matter relating to the following Departments:The Cabinet Office
Department of Energy, Utilities and Sustainability
Department of Environment and Conservation
Department of Natural Resources
NSWbusinesslink
Premier’s Department
Insert in alphabetical order of Departments:
Department of Environment and Climate Change
Director-General of the Department
Department of Premier and Cabinet
Director-General of the Department
Department of Water and Energy
Director-General of the Department