Public Sector Employment and Management (Departmental Amalgamations) Order 2009
NSW legislation website 27.7.2009 (amended by Act 2009 No 96, Sch 20; and 2010 (99) LW 19.3.2010 and Act 2010 No 31)
This Order is the Public Sector Employment and Management (Departmental Amalgamations) Order 2009.
This Order is taken to have commenced on 1 July 2009 and is required to be published on the NSW legislation website.
In this Order:document means any Act or statutory instrument, or any other instrument, or any contract or agreement.
Part 2 Public Service Departments
4 Amendment of Public Sector Employment and Management Act 2002 No 43
Omit Part 1. Insert instead:Division 1 Principal Departments
Column 1
Column 2
Name of Division
Division Head
Communities NSW
Director-General of Communities NSW
Department of Education and Training
Director-General of the Department
Department of Environment, Climate Change and Water
Director-General of the Department
Department of Health
Director-General of the Department
Department of Human Services
Director-General of the Department
Department of Industry and Investment
Director-General of the Department
Department of Justice and Attorney General
Director-General of the Department
Department of Planning
Director-General of the Department
Police and Emergency Services NSW
Director-General of Police and Emergency Services NSW
Department of Premier and Cabinet
Director-General of the Department
Department of Services, Technology and Administration
Director-General of the Department
Department of Transport and Infrastructure
Director-General of the Department
The Treasury
Secretary of the Treasury
Column 1
Column 2
Name of Division
Division Head
Department of Education and Training
Office of the Board of Studies
Chief Executive of the Office
Office of the Institute of Teachers
Chief Executive of the Institute
Department of Health
Office of the Health Care Complaints Commission
*Commissioner of the Health Care Complaints Commission
Department of Industry and Investment
Office of the NSW Food Authority
Director-General of the Department of Industry and Investment
Office of the Rural Assistance Authority
Director-General of the Department of Industry and Investment
Department of Justice and Attorney General
Office of the Director of Public Prosecutions
*Director of Public Prosecutions
Office of the Information Commissioner
*Information Commissioner
Office of the Legal Aid Commission
*Chief Executive Officer of the Commission
Department of Planning
Office of the Barangaroo Delivery Authority
Chief Executive Officer of the Authority
Office of the Redfern–Waterloo Authority
Chief Executive Officer of the Authority
Office of the Sydney Harbour Foreshore Authority
Chief Executive Officer of the Authority
Police and Emergency Services NSW
Office of the New South Wales Crime Commission
*Commissioner for the New South Wales Crime Commission
New South Wales Fire Brigades
Commissioner of New South Wales Fire Brigades
Department of Rural Fire Service
Commissioner of the NSW Rural Fire Service
State Emergency Service
Commissioner of the State Emergency Service
Department of Premier and Cabinet
Office of the New South Wales Electoral Commission
*Electoral Commissioner
Ombudsman’s Office
*Ombudsman
Office of the Police Integrity Commission
*Commissioner for the Police Integrity Commission
Department of Services, Technology and Administration
Land and Property Management Authority
Chief Executive of the Authority
The Treasury
Compensation Authorities Staff Division
Chief Executive of the Division
Note. The positions in Column 2 that are marked with an asterisk are positions that are created by another Act and are not Public Service positions. All other positions referred to in this Part are created by this Act (see section 10) and are Public Service positions.
Part 3 Departmental amalgamations
5 Establishment of Communities NSW
(1) Communities NSW is established as a Division of the Government Service.(2) Communities NSW is responsible to the following Ministers:(a) Premier,(b) Minister for the Arts,(c) Minister for Citizenship,(d) Minister for Community Services,(e) Minister for Gaming and Racing,(f) Minister Assisting the Premier on the Arts,(g) Minister for Sport and Recreation,(h) Minister for Tourism,(i) Minister for Volunteering,(j) Minister for Western Sydney,(k) Minister for Youth.
6 Amalgamation of certain Divisions with new Department
(1) All branches are removed from each of the following Divisions of the Government Service and added to Communities NSW:(a) Department of the Arts, Sport and Recreation,(b) Office for Children,(c) Office of the Community Relations Commission,(d) Office of the Sydney Olympic Park Authority,(e) Office of the Sydney 2009 World Masters Games Organising Committee,(f) Hunter Region Sporting Venues Authority Division,(g) Parramatta Stadium Trust Division,(h) State Sports Centre Trust Division,(i) Wollongong Sportsground Trust Division,(j) Sydney Olympic Park Authority Aquatic and Athletic Centres Division.(2) Each of the Divisions referred to in subclause (1) (a)–(j) is abolished as a Division of the Government Service.(3) In any document, a reference to any of the Divisions of the Government Service abolished under this clause is to be construed as a reference to Communities NSW.(4) This clause is subject to clause 17.
7 Transfer of certain other branches to new Department
(1) Transfer of certain DOCS staff
The groups of staff in the Department of Community Services who, in the opinion of the Director-General of the Department of Premier and Cabinet, are principally involved in any of the following activities or areas are removed from the Department of Community Services and added to Communities NSW:(a) youth programs,(b) Better Futures program.(2) A reference in any document to the Department of Community Services is to be construed as a reference to Communities NSW if the reference is used in relation to the staff, or the activities or areas, referred to in subclause (1).(3) Transfer of certain DPC staff
The group of staff in the Department of Premier and Cabinet who, in the opinion of the Director-General of that Department, are principally involved in volunteering are removed from the Department of Premier and Cabinet and added to Communities NSW.(4) Transfer of staff in DPC comprising Office of Western Sydney
The group of staff in the Department of Premier and Cabinet comprising the Office of Western Sydney are removed from that Department and added to Communities NSW.(5) A reference in any document to the Department of Premier and Cabinet is to be construed as a reference to Communities NSW if the reference is used in relation to the staff referred to in subclauses (3) and (4).(6) Transfer of Western Sydney Parklands Trust staff
The group of staff employed in the Department of Planning to enable the Western Sydney Parklands Trust to exercise its functions are removed from that Department and added to Communities NSW.
8 Construction of references to Director of Liquor and Gaming
(1) A reference in any document to the Director of Liquor and Gaming, including in the definition of Director in section 4 of the Liquor Act 2007, is to be construed as a reference to the Director-General of Communities NSW.(2) Despite clause 2, this clause does not have effect until the day on which this Order is published on the NSW legislation website.
Division 2 Department of Environment, Climate Change and Water
(1) The name of the Department of Environment and Climate Change is changed to the Department of Environment, Climate Change and Water.(2) The Department is responsible to the following Ministers:(a) Minister for Climate Change and the Environment,(b) Minister for Water.(3) In any document, a reference to the Department of Environment and Climate Change is to be construed as a reference to the Department of Environment, Climate Change and Water.
10 Establishment of Office of Water as a separate office within DECCW
(1) The Office of Water is established as a separate office within the Department of Environment, Climate Change and Water.(2) The Office of Water includes the staff transferred under clause 11 (1) (a).
11 Transfer of certain DWE staff to DECCW
(1) The following groups of staff in the Department of Water and Energy are removed from that Department and added to the Department of Environment, Climate Change and Water:(a) 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 legislation relating to water,(b) such staff providing corporate services as the Director-General of the Department of Premier and Cabinet determines are required in connection with the Office of Water within the Department of Environment, Climate Change and Water.(2) In any document, a reference to the Department of Water and Energy is to be construed as a reference to the Department of Environment, Climate Change and Water if the reference is used in relation to the staff referred to in subclause (1).
Division 3 Department of Human Services
12 Establishment of Department of Human Services
(1) The Department of Human Services is established as a Division of the Government Service.(2) The Department is responsible to the following Ministers:(a) Minister for Aboriginal Affairs,(b) Minister for Ageing,(c) Minister for Community Services,(d) Minister for Disability Services,(e) Minister for Housing,(f) Minister for Juvenile Justice.
13 Amalgamation of certain Divisions with new Department
(1) All branches are removed from each of the following Divisions of the Government Service and added to the Department of Human Services:(a) Department of Aboriginal Affairs,(b) Aboriginal Housing Office Group of Staff,(c) Department of Ageing, Disability and Home Care,(d) Department of Community Services,(e) Housing NSW,(f) Department of Juvenile Justice.(2) Each of the Divisions referred to in subclause (1) (a)–(f) is abolished as a Division of the Government Service.(3) In any document, a reference to any of the Divisions of the Government Service abolished under this clause is to be construed as a reference to the Department of Human Services.(4) This clause is subject to clause 7 (1) and (2).
14 Transfer of NSWbusinesslink to Department of Human Services
(1) NSWbusinesslink is removed from the Department of Commerce and added to the Department of Human Services.(2) A reference in any document to the Department of Commerce is to be construed as a reference to the Department of Human Services if the reference is used in relation to NSWbusinesslink.
Division 4 Department of Industry and Investment
15 Establishment of Department of Industry and Investment
(1) The Department of Industry and Investment is established as a Division of the Government Service.(2) The Department is responsible to the following Ministers:(a) Minister for the Arts,(b) Minister for Energy,(c) Minister for Mineral Resources,(d) Minister Assisting the Premier on the Arts,(e) Minister for Primary Industries,(f) Minister for Regional Development,(g) Minister for Rural Affairs,(h) Minister for Science and Medical Research,(i) Minister for Small Business,(j) Minister for State Development,(k) Minister for Tourism.
16 Amalgamation of certain Divisions with new Department
(1) All branches are removed from each of the following Divisions of the Government Service and added to the Department of Industry and Investment:(a) Department of Primary Industries,(b) Department of State and Regional Development,(c) Department of Water and Energy.(2) Each of the Divisions referred to in subclause (1) (a)–(c) is abolished as a Division of the Government Service.(3) In any document, a reference to any of the Divisions of the Government Service abolished under this clause is to be construed as a reference to the Department of Industry and Investment.(4) This clause is subject to clauses 11, 29 (2)–(4) and 32 (4)–(6).
17 Transfer of Film and Television Office staff to new Department
The group of staff employed in the Department of the Arts, Sport and Recreation to enable the Film and Television Office to exercise its functions (other than those staff who, in the opinion of the Director-General of the Department of Premier and Cabinet, are principally involved in arts policy and programs) are removed from the Department of the Arts, Sport and Recreation and added to the Department of Industry and Investment.
18 Construction of reference to Director-General of NSW Food Authority
The reference, in the definition of Director-General in section 4 (1) of the Food Act 2003, to the person holding office as the Director-General of the NSW Food Authority under Part 2.2 of the Public Sector Employment and Management Act 2002 is to be construed as a reference to the Chief Executive Officer of the Food Authority holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002.
Division 5 Department of Justice and Attorney General
19 Establishment of Department of Justice and Attorney General
(1) The Department of Justice and Attorney General is established as a Division of the Government Service.(2) The Department is responsible to the following Ministers:(a) Attorney General,(b) Minister for Corrective Services.
20 Amalgamation of certain Divisions with new Department
(1) All branches are removed from each of the following Divisions of the Government Service and added to the Department of Justice and Attorney General:(a) Attorney General’s Department,(b) Department of Corrective Services.(2) Each of the Divisions referred to in subclause (1) (a) and (b) is abolished as a Division of the Government Service.(3) In any document, a reference to any of the Divisions of the Government Service abolished under this clause is to be construed as a reference to the Department of Justice and Attorney General.
21 Transfer of DPP and Legal Aid Commission corporate services staff to new Department
The groups of staff in the Office of the Director of Public Prosecutions and the Office of the Legal Aid Commission who, in the opinion of the Director-General of the Department of Premier and Cabinet, are principally involved in the provision of corporate services and who the Director-General determines are required in connection with the Department of Justice and Attorney General are removed from the Office of the Director of Public Prosecutions and the Office of the Legal Aid Commission (as the case requires) and added to the Department of Justice and Attorney General.
Division 6 Police and Emergency Services NSW
22 Establishment of Police and Emergency Services NSW
(1) Police and Emergency Services NSW is established as a Division of the Government Service.(2) Police and Emergency Services NSW is responsible to the following Ministers:(a) Minister for Emergency Services,(b) Minister for Police.
23 Transfer of certain staff to new Department
(1) The Ministerial Correspondence Unit is removed from the Ministry for Police and added to Police and Emergency Services NSW.(2) In any document, a reference to the Ministry for Police is to be construed as a reference to Police and Emergency Services NSW if the reference is used in relation to the Ministerial Correspondence Unit in the Ministry for Police.
Division 7 Department of Premier and Cabinet
24 Amalgamation of Ministry for Police with DPC
(1) All branches are removed from the Ministry for Police and added to the Department of Premier and Cabinet.(2) The Ministry for Police is abolished as a Division of the Government Service.(3) In any document, a reference to the Ministry for Police is to be construed as a reference to the Department of Premier and Cabinet.(4) This clause is subject to clause 23.
25 Amalgamation of Department of Local Government with DPC
(1) All branches are removed from the Department of Local Government and added to the Department of Premier and Cabinet.(2) The Department of Local Government is abolished as a Division of the Government Service.(3) In any document, a reference to the Department of Local Government is to be construed as a reference to the Department of Premier and Cabinet.
26 Ministerial responsibility for Department of Premier and Cabinet
The Department of Premier and Cabinet is responsible to the following Ministers:(a) Premier,(b) Minister for the Central Coast,(c) Minister for the Hunter,(d) Minister for the Illawarra,(e) Minister for Infrastructure,(f) Minister for Local Government,(g) Minister for Police,(h) Minister Assisting the Premier on Veterans’ Affairs,(i) Minister for Public Sector Reform,(j) Minister for Regulatory Reform,(k) Special Minister of State,(l) Minister for Women.
Division 8 Department of Services, Technology and Administration
Subdivision 1 Establishment of DSTA and merger with other agencies
27 Establishment of Department of Services, Technology and Administration
(1) The Department of Services, Technology and Administration is established as a Division of the Government Service.(2) The Department is responsible to the following Ministers:(a) Minister for Commerce,(b) Minister for Fair Trading,(c) Minister for Industrial Relations,(d) Minister for Small Business,(e) Treasurer.
28 Amalgamation of certain Divisions with new Department
(1) All branches are removed from each of the following Divisions of the Government Service and added to the Department of Services, Technology and Administration:(a) Department of Commerce,(b) Internal Audit Bureau Division.(2) Each of the Divisions referred to in subclause (1) (a) and (b) is abolished as a Division of the Government Service.(3) In any document, a reference to any of the Divisions of the Government Service abolished under this clause is to be construed as a reference to the Department of Services, Technology and Administration.(4) This clause is subject to clause 14.
29 Transfer of certain other branches to new Department
(1) Transfer of certain DET staff
The group of staff employed in the Department of Education and Training to enable the Teacher Housing Authority to exercise its functions are removed from that Department and added to the Department of Services, Technology and Administration.(2) Transfer of Retail Tenancy Unit
The Retail Tenancy Unit is removed from the Department of State and Regional Development and added to the Department of Services, Technology and Administration.(3) Construction of certain references
A reference in the Retail Leases Act 1994 to the Department of State and Regional Development is to be construed as a reference to the Department of Services, Technology and Administration.(4) In any other document, a reference to the Department of State and Regional Development is to be construed as a reference to the Department of Services, Technology and Administration if the reference is used in relation to the Retail Tenancy Unit.(5) Transfer of certain corporate services staff
The groups of staff in the Department of Lands and the Office of the State Property Authority who, in the opinion of the Director-General of the Department of Premier and Cabinet, are principally involved in the provision of corporate services and who the Director-General determines are required in connection with the Department of Services, Technology and Administration are removed from the Department of Lands or the Office of the State Property Authority (as the case requires) and added to the Department of Services, Technology and Administration.
Subdivision 2 Land and Property Management Authority
30 Establishment of Land and Property Management Authority
(1) The Land and Property Management Authority is established as a Division of the Government Service.(2) The Division is responsible to the following Ministers:(a) Minister for Finance,(b) Minister for the Hunter,(c) Minister for Lands.(d) (Repealed)
31 Amalgamation of certain Divisions with new Division
(1) All branches are removed from each of the following Divisions of the Government Service and added to the Land and Property Management Authority:(a) Department of Lands,(b) Office of the State Property Authority.(2) Each of the Divisions referred to in subclause (1) (a) and (b) is abolished as a Division of the Government Service.(3) In any document, a reference to any of the Divisions of the Government Service abolished under this clause is to be construed as a reference to the Land and Property Management Authority.(4) In any document, a reference to the Director-General of the Department of Lands is to be construed as a reference to the Chief Executive of the Land and Property Management Authority.(5) This clause is subject to clause 29 (5).
32 Transfer of certain other branches to new Division
(1) Transfer of Hunter Development Corporation staff
The group of staff employed in the Department of Planning to enable the Hunter Development Corporation to exercise its functions are removed from that Department and added to the Land and Property Management Authority.(2) A reference, in the Growth Centres (Development Corporations) Act 1974:(a) to the Director-General of the Department of Planning is to be construed as a reference to the Chief Executive of the Land and Property Management Authority, or(b) to the Department of Urban Affairs and Planning (required by previous orders to be construed as a reference to the Department of Planning) is to be construed as a reference to the Land and Property Management Authority,if the reference is used in relation to the Hunter Development Corporation.(3) A reference in any other document to the Department of Planning is to be construed as a reference to the Land and Property Management Authority if the reference is used in relation to the Hunter Development Corporation.(4) Transfer of Office of Biofuels
The Office of Biofuels is removed from the Department of State and Regional Development and added to the Land and Property Management Authority.(5) Construction of certain references
A reference, in the Biofuel (Ethanol Content) Act 2007:(a) to the Department of State and Regional Development is to be construed as a reference to the Land and Property Management Authority, or(b) to the Director-General of the Department of State and Regional Development is to be construed as a reference to the Chief Executive of the Land and Property Management Authority.(6) A reference in any other document to the Department of State and Regional Development is to be construed as a reference to the Land and Property Management Authority if the reference is used in relation to the Office of Biofuels.(7) Transfer of certain DECC staff
The group of staff in the Department of Environment and Climate Change who, in the opinion of the Director-General of the Department of Premier and Cabinet, are principally involved in the administration of the Lake Illawarra Authority Act 1987 are removed from the Department of Environment and Climate Change and added to the Land and Property Management Authority.(8) Construction of certain reference
The reference in section 7 (2) of the Lake Illawarra Authority Act 1987 to an officer of the Department of Land and Water Conservation nominated by the Director of that Department is to be construed as a reference to a member of staff of the Land and Property Management Authority nominated by the Chief Executive of the Authority.(9) Transfer of certain staff in Office of Strategic Lands
Such staff in the Office of Strategic Lands in the Department of Planning as the Director-General of the Department of Premier and Cabinet determines are required in connection with the Land and Property Management Authority are removed from the Department of Planning and added to the Land and Property Management Authority.(10) A reference in any document to the Department of Planning is to be construed as a reference to the Land and Property Management Authority if the reference is used in relation to the group of staff referred to in subclause (9).
Division 9 Department of Transport and Infrastructure
33 Establishment of Department of Transport and Infrastructure
(1) The Department of Transport and Infrastructure is established as a Division of the Government Service.(2) The Department is responsible to the following Ministers:(a) Minister for Infrastructure,(b) Minister for Ports and Waterways,(c) Minister for Roads,(d) Minister for Transport.
34 Amalgamation of Ministry of Transport with new Department
(1) All branches are removed from the Ministry of Transport and added to the Department of Transport and Infrastructure.(2) The Ministry of Transport is abolished as a Division of the Government Service.(3) In any document, a reference to the Ministry of Transport is to be construed as a reference to the Department of Transport and Infrastructure.
Division 10 Compensation Authorities Staff Division
36 Establishment of Compensation Authorities Staff Division
(1) The Compensation Authorities Staff Division is established as a Division of the Government Service.(2) The Division is responsible to the following Ministers:(a) Minister for Finance,(b) Minister for Industrial Relations.
37 Amalgamation of certain Divisions with new Division
(1) All branches are removed from each of the following Divisions of the Government Service and added to the Compensation Authorities Staff Division:(a) Office of the Motor Accidents Authority,(b) Office of the WorkCover Authority.(2) Each of the Divisions referred to in subclause (1) (a) and (b) is abolished as a Division of the Government Service.(3) In any document, a reference to a Division of the Government Service abolished under this clause is to be construed as a reference to the Compensation Authorities Staff Division.
38 Construction of references to Director-General and Deputy Director-General of State Emergency Service
A reference in any document to the Director-General, or the Deputy Director-General, of the State Emergency Service (including in the definitions of Director-General and Deputy Director-General in section 3 (1) of the State Emergency Service Act 1989) is to be construed as a reference to the Commissioner of the State Emergency Service or the Deputy Commissioner of the State Emergency Service, respectively.
39 Savings and transitional provisions
(1) The provisions of this clause are for the avoidance of doubt.(2) The validity of anything done by a Division of the Government Service abolished by this Order (a former Division), or by an officer of a former Division, during the period between 1 July 2009 and the day on which this Order is published on the NSW legislation website is not affected by this Order being taken to have commenced on 1 July 2009.(3) The provisions of this Order for construing references in documents extend to documents made or executed during the period between 1 July 2009 and the day on which this Order is published on the NSW legislation website.(4) 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 No 43
[1] Schedule 1 Divisions of the Government Service
Omit “Director-General of the Department of Ageing, Disability and Home Care” from the matter relating to the Home Care Service Division in Part 2.Insert instead “Director-General of the Department of Human Services”.
Omit the matter relating to the following Divisions:Hunter Region Sporting Venues Authority Division
Internal Audit Bureau Division
Parramatta Stadium Trust Division
State Sports Centre Trust Division
Wollongong Sportsground Trust Division
Omit “Chief Executive Officer of the Institute of Sport (and the Chairperson of the Board of the Institute in relation to the Chief Executive Officer)” from the matter relating to the Institute of Sport Division.Insert instead “Director-General of Communities NSW”.
Omit “Director-General of the Department of Natural Resources” from the matter relating to the Upper Parramatta River Catchment Trust Division.Insert instead “Director-General of the Department of Environment, Climate Change and Water”.
Omit “Chief Executive Officer of the WorkCover Authority” wherever occurring from the matter relating to the Building and Construction Industry Long Service Payments Corporation Casual Staff Division and the WorkCover Authority Casual Staff Division.Insert instead “Chief Executive of the Compensation Authorities Staff Division”.
Omit “Director-General of the Department of Energy, Utilities and Sustainability” from the matter relating to the Energy Corporation Division.Insert instead “Director-General of the Department of Industry and Investment”.
Omit “Director-General of the Department of Environment and Conservation” from the matter relating to the Environment Protection Authority Special Purpose Division.Insert instead “Director-General of the Department of Environment, Climate Change and Water”.
Omit “Director-General of the Department of Primary Industries” from the matter relating to the Forestry Commission Division.Insert instead “Director-General of the Department of Industry and Investment”.
Omit “Chairperson of the Game Council” from the matter relating to the Game Council Division.Insert instead “Director-General of the Department of Industry and Investment”.
Omit “General Manager of the Motor Accidents Authority” from the matter relating to the Motor Accidents Authority Casual Staff Division.Insert instead “Chief Executive of the Compensation Authorities Staff Division”.
Omit “Director-General of the Department of Commerce” from the matter relating to the Rental Bond Board Special Purpose Division.Insert instead “Director-General of the Department of Services, Technology and Administration”.
Omit the matter relating to the Sydney Olympic Park Authority Aquatic and Athletic Centres Division.
Omit “Chief Executive Officer of the Sydney Olympic Park Authority” from the matter relating to the Sydney Olympic Park Authority Casual Staff Division.Insert instead “Director-General of Communities NSW”.
Omit “Chief Executive Officer of SWMGOC” from the matter relating to the SWMGOC Division.Insert instead “Director-General of Communities NSW”.
Omit “General Manager of Tourism New South Wales” from the matter relating to the Tourism New South Wales Division.Insert instead “Director-General of the Department of Industry and Investment”.
[16] Schedule 2 Executive positions (other than non-statutory SES positions)
Omit the following from Part 2:Chief Executive of the Greyhound and Harness Racing Regulatory Authority
Chief Executive of the Internal Audit Bureau of New South Wales
Chief Executive Officer of the Lifetime Care and Support Authority
Insert at the end of the Part:Chief Executive of the Rural Assistance Authority
Chief Executive of the Internal Audit Bureau