Artboard 1Icons/Ionic/Social/social-pinterest

NSW Government Bulletin

16 April 2019

#Government

NSW Government Bulletin

Shuffling the deck: NSW machinery of government changes 2019

With the Berejiklian government returned to office in NSW, the Administrative Arrangements (Administrative Changes – Public Service Agencies) Order 2019 (the Order) was made on 2 April which had the effect of grouping NSW Government functions into the following eight departments:

Department        Incorporated functions


Department of
Premier and Cabinet
Aboriginal Affairs NSW
Parts of Office of Environment and Heritage (Administration of legislation to the Special Minister of State, Minister for the Public Service and Employee Relations, Aboriginal Affairs, and the Arts)
Parts of Treasury (Administration of legislation to the Special Minister of State, Minister for the Public Service, Employee Relations, Aboriginal Affairs, and the Arts)
Parts of Department of Planning and Environment (Administration of legislation to the Special Minister of State, Minister for the Public Service, Employee Relations, Aboriginal Affairs and the Arts)




TreasuryParts of Department of Finance, Services and Innovation (Revenue NSW, Support function for Procurement Board, Administration of legislation to the Minister for Finance and Small Business)
Parts of Department of Industry (The Office of the Small Business Commissioner, NSW Trade and Investment, Administration of legislation to the Minister for Jobs, Investment, Tourism and Western Sydney)




Department of Customer Service (New)                                                Department of Finance, Services and Innovation
Data Analytics Centre
Parts of DPC (Office of the Customer Service Commissioner, and Behavioural Insights Unit)
NSW Registry of Births, Deaths and Marriages




Department of Planning
and Industry (New)
Department of Planning and Environment
Department of Industry
Office of Environment and Heritage
Office of Local Government
Parts of DPC (Administration of legislation to the Deputy Premier, Minister for Regional NSW, Industry and Trade)
Parts of Department of Finance, Services and Innovation (Administration of legislation to the Minister for Water, Property and Housing)
Parts of Department of Family and Community Services (Administration of legislation to the Minister for Water, Property and Housing)




Department of
Transport     
              
No change in function, however, legislation is to be introduced to bring RMS within Transport for NSW. As well in that space, there will be one minister for both roads and transport. 




Ministry of HealthNo change in function.




Department of EducationParts of Department of Industry (Administration of legislation to the Minister for Skills and Tertiary Education)




Department of Family and Community Services and Justice (New)Department of Justice
Department of Family and Community Services
NSW Government Telecommunications Authority


These changes will present a significant distraction to agency functions during their implementation.  

Although the regrouping may streamline certain functions, concerns have been raised in relation to the functionality of super agencies and in respect of conflict management, in particular with the incorporation of the environment function of the Office of Environment and Heritage into the new Department of Planning and Industry. 

Editorial: Christine Jones & Jefferey Shi 

In the media

ICAC seeks comment on lobbying conduct and regulation in NSW
The NSW ICAC is seeking public input as part of a new investigation it is conducting into the regulation of lobbying, access and influence in NSW (Operation Eclipse), releasing a discussion paper, Enhancing the democratic role of direct lobbying in NSW (12 April 2019).  More... 

Hiring additional police can reduce crime
A new study by the NSW Bureau of Crime Statistics and Research (BOCSAR) has found that increasing police numbers can reduce crime, but not necessarily through the apprehension of more offenders. See the report here (11 April 2019).  More... 

State wide justice advocacy for people with cognitive impairment
One of the State’s most experienced advocacy organisations for people with an intellectual disability will operate a new $10 million service funded by the NSW Government to protect the rights of people with cognitive impairment who come into contact with the criminal justice system (05 April 2019).  More... 

In practice and courts

Attorney-General’s Department Appointments

Appointments to the Administrative Appeals Tribunal
8 April 2019 - Seven new appointments and eight reappointments to the Administrative Appeals Tribunal ​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​

Appointment of Disability Discrimination Commissioner
5 April 2019 - Mr Ben Gauntlett has been appointed as Australia's new Disability Discrimination Commissioner at the Australian Human Rights Commission for a five year term.​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​ 

Appointments to the Federal Court of Australia
5 April 2019 - Mr Stewart Anderson QC and Ms Wendy Abraham QC have been appointed as judges of the Federal Court of Australia. 

Appointments to the Defence Force Discipline Appeals Tribunal
5 April 2019 - The Hon Justice Paul Le Gay Brereton AM RFD and the Hon Justice Peter Martin Barr have been appointed to the Defence Force Discipline Appeal Tribunal (the Tribunal). 

NSW

NSW Justice: Review of model defamation provisions
The Defamation Working Party is seeking feedback on defamation law in Australia, to assess how the legal principles apply in the digital age and identify areas for national reform. Submissions close on 30 April 2019.  More... 

Amendments to the Uniform Civil Procedure Rules: No 90: rules 49.19 and 49.20
These rules deal with applications to review directions, certificates, orders, decisions and other acts of a registrar. The amendment provides that decisions of the registrar of the court under clause 11 (1) of the Civil Procedure Regulation 2017 are not reviewable by a court under Division 4 of Part 49 of the Rules. Furthermore, the contents of rules 49.19 and 49.20 have been rearranged to make it easier to locate the limitations to the review power. Attached here is a copy of amendment number 90 (01 April 2019). 

ICAC discussion paper: Enhancing the democratic role of direct lobbying in NSW
The NSW ICAC is seeking public input as part of a new investigation it is conducting into the regulation of lobbying, access and influence in NSW (Operation Eclipse). The discussion paper is appended to an introductory paper, which also explains how to make a submission. Read the paper here. The closing date for consultation is 24 May 2019.  More... 

ICAC: Operation Dasha public inquiry witness list - week beginning 1 April 2019
Witness list for the Operation Dasha public inquiry into allegations concerning the former Canterbury City Council, week beginning 1 April 2019. Please note that this list is subject to change.  More... 

NSW LRC: Open justice review - court and tribunal information: access, disclosure and publication
The Attorney General has asked us to review the operation of suppression and non-publication orders and access to information in NSW courts and tribunals. See the Terms of reference. The deadline for preliminary submissions is 31 May 2019. Information about making a submission may be found on the website here.

Published - articles, papers, reports

Resolution of disputes with financial service providers within the justice system
Senate Legal and Constitutional Affairs Committee; Parliament of Australia: 08 April 2019
This inquiry explored the ability of consumers and small businesses to exercise their legal rights through the justice system, and whether there are fair, affordable and appropriate resolution processes to resolve disputes with financial service providers.  More... 

State of the data and digital nation
Australian Digital Council; Department of the Prime Minister and Cabinet (Australia): 05 April 2019
This report provides an overview of the main data and digital transformation initiatives being implemented in Australia by the Commonwealth, state and territory governments. It features case studies of successful projects in areas including health, human services, community engagement, ID services, biodiversity and more.  More... 

Second interim report: Freedom of religion and belief, the Australian experience
Joint Standing Committee on Foreign Affairs, Defence and Trade; Parliament of Australia: 03 April 2019
This report examines some of the perceived problems associated with the reconciling of the exercise of freedom of religion with other human rights. It considers solutions and legislative reforms.  More... 

Public sector digital transformation: a quick guide
Parliamentary Library Research Publications: 02 April 2019
In broadly chronological order, this Quick Guide provides brief background information on a variety of recent and current initiatives in the Australian federal public sector associated with ‘digital transformation’, as well as links to relevant sources of information.  More...  

Cases

Clubb v Edwards; Preston v Avery [2019] HCA 11
So much of the appellant's appeal from the judgment of Magistrate Bazzani made on 11 October 2017 as has been removed into this Court is dismissed. Constitutional law (Cth) – Implied freedom of communication about governmental or political matters – Where s 185D of Public Health and Wellbeing Act 2008 (Vic) and s 9(2) of Reproductive Health (Access to Terminations) Act 2013 (Tas) prohibit certain communications and activities in relation to abortions within access zone of 150 m radius around premises at which abortions are provided – Where appellants engaged in communications and activities in relation to abortions within access zone – Whether communications and activities in relation to abortions are communications about governmental and political matters – Whether provisions effectively burden implied freedom – Whether provisions imposed for legitimate purpose – Whether provisions reasonably appropriate and adapted to that purpose – Whether provisions suitable, necessary and adequate in balance.
Constitutional law (Cth) – Implied freedom of communication about governmental or political matters – Severance, reading down and disapplication – Where appellant charged and convicted of offence against s 185D of Public Health and Wellbeing Act 2008 (Vic) – Where it was not contended that appellant's conduct involved political communication – Where substantial overlap with issues raised in proceedings in relation to interstate Act – Whether s 185D able to be severed, read down or partially disapplied so as to have valid operation in respect of appellant – Whether appropriate to proceed to determine constitutional validity of s 185D. 

State of New South Wales v Holschier (No 4) [2019] NSWSC 393
MEDIA AND COMMUNICATIONS – Open justice – access to court files – application for access – restricting access does not prevent accurate reporting in an open court

Bellamy v Transport for NSW [2019] NSWCATAD 54
Administrative Law – –access to government information - cabinet material –whether reasonable grounds for withholding information established - commercially confidential information – reasonableness of searches.

DNM v NSW Ombudsman [2019] NSWCATAP 77
APPEAL – whether application under Government Information (Public Access) Act 2009 is invalid because it is a request for “excluded information” - statutory interpretation – meaning of “excluded information” in Government Information (Public Access) Act 2009, Sch 2, cl 2 

Legislation

Regulations and other miscellaneous instruments

Administrative Arrangements (Administration of Acts—General) Order 2019 (2019-157) — published LW 2 April 2019
Administrative Arrangements (Administrative Changes—Ministers) Order 2019 (2019-158) — published LW 2 April 2019
Administrative Arrangements (Administrative Changes—Public Service Agencies) Order 2019 (2019-159) — published LW 2 April 2019
Parliamentary Remuneration Amendment (Leader of the Opposition) Regulation 2019 (2019-160) — published LW 2 April 2019
Supreme Court (Corporations) Amendment (No 14) Rules 2019 (2019-161) — published LW 5 April 2019
Uniform Civil Procedure (Amendment No 89) Rule 2019 (2019-162) — published LW 5 April 2019
The object of this Rule is to amend the Uniform Civil Procedure Rules 2005 to provide for notifying occupiers when interstate judgments for possession of land are registered in NSWs
Uniform Civil Procedure (Amendment No 90) Rule 2019 (2019-163) — published LW 5 April 2019
The object of this Rule is to amend the Uniform Civil Procedure Rules 2005 to provide that decisions of the registrar of the court under clause 11 (1) of the Civil Procedure Regulation 2017 are not reviewable by a court under Division 4 of Part 49 of the Rules, and to make other consequential changes

NSW Government Bulletin editor:
Christine Jones, Partner - Construction & Infrastructure (Dispute Resolution) 
T: +61 2 8083 0477 
E: christine.jones@holdingredlich.com

Other contacts:
Dispute Resolution, Inquiries and Administrative Law
Greg Wrobel, Partner 
T: +61 2 8083 0411 
E: greg.wrobel@holdingredlich.com

Bede Haines, Partner 
T: +61 2 8083 0447 
E: bede.haines@holdingredlich.com

Workplace Relations & Safety
Michael Selinger, Partner 
T: +61 2 8083 0430 
E: michael.selinger@holdingredlich.com

Privacy & Data Protection
Lyn Nicholson, General Counsel 
T: +61 2 8083 0463 
E: lyn.nicholson@holdingredlich.com

Planning, Property & Environment
Robina Kidd, Partner 
T: +61 2 8083 0454 
E: robina.kidd@holdingredlich.com

Vanya Lozzi, Partner 
T: +61 2 8083 0462 
E: vanya.lozzi@holdingredlich.com

Cameron Sheather, Partner 
T: +61 2 8083 0461 
E: cameron.sheather@holdingredlich.com

Breellen Warry, Partner 
T: +61 2 8083 0420 
E: breellen.warry@holdingredlich.com

Lindsay McGregor, Partner
T: +61 2 8083 0459 
E: Lindsay.McGregor@holdingredlich.com

Alexander McNutt, Special Counsel 
T: +61 2 8083 0495 
E: Alexander.McNutt@holdingredlich.com

Peter Holt, Special Counsel 
T: +61 2 8083 0421 
E: peter.holt@holdingredlich.com

Construction and Infrastructure (Projects and Procurement)
Scott Alden, Partner 
T: +61 2 8083 0419 
E: scott.alden@holdingredlich.com

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources.

Share this