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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Service NSW (One-stop Access to
Government Services) Bill 2013
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are as follows:
(a) to enable Service NSW (by conferring functions on its Chief Executive Officer
(the CEO)) to provide one-stop access to customer services for NSW
government agencies and for other agencies or persons,
(b) to facilitate the provision of information by and about customers for that
purpose,
(c) to enact consequential provisions relating to access to government information
and State records.
Outline of provisions
Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent
to the proposed Act.
b2012-161-07.d17
Service NSW (One-stop Access to Government Services) Bill 2013
Explanatory note
Clause 3 defines certain words and expressions used in the proposed Act. Among
other things, it defines Government agency as including State government agencies
(such as the Government Service, the NSW Police Force and the NSW Health
Service) as well as statutory bodies representing the Crown and councils and county
councils.
Part 2 One-stop access to Government services
Clause 4 confers on the CEO customer service functions that are delegated to the
CEO under other Acts or given to the CEO under agreements.
Clause 5 lists the functions that are customer service functions. They include
functions relating to applications for and the issue of licences and other authorities,
giving information about Government services or legislation, receiving and making
payments, the provision of other Government services, acting as an agent for
agencies of other Governments and persons and other ancillary functions.
Clause 6 enables the CEO to disclose information about a person to a Government
agency other than the agency for which a customer service is being provided to the
person if the person consents to that disclosure.
Clause 7 extends the operation of a power to delegate a customer service function
that is conferred on a Government agency under another Act or an instrument so that
it is taken to confer a power to also delegate that function to the CEO. That other Act
or instrument will also be extended so as to authorise the CEO to sub-delegate that
function.
Clause 8 empowers the CEO to enter into agreements with Government agencies to
exercise non-statutory customer service functions of the agency concerned and with
respect to the exercise of customer service functions delegated or sub-delegated to
the CEO. The CEO is given the power to exercise any such function. The proposed
section expressly permits the CEO, under an agreement, to exercise penalty notice
functions of the State Debt Recovery Office.
Clause 9 empowers the CEO to exercise customer service functions delegated or
sub-delegated to the CEO under legislation of the Commonwealth or another State
or Territory and to sub-delegate such a function if otherwise permitted to do so. The
functions must be functions prescribed by the regulations. The proposed section also
empowers the CEO to enter into agreements with agencies of the Commonwealth
Government, Governments of other States or Territories or Governments of other
countries to exercise customer service functions of the agency concerned. The CEO
is given the power to exercise any such function.
Clause 10 empowers the CEO to enter into agreements with non-government
entities to exercise customer service functions of the entities concerned. The CEO is
given the power to exercise any such function.
Explanatory note page 2
Service NSW (One-stop Access to Government Services) Bill 2013
Explanatory note
Clause 11 enables the CEO to collect, maintain and use records of information about
customer transactions and preferences and other information about customers for
whom services are provided for the internal administrative purposes of Service
NSW, including for the purposes of its interactions with those customers.
Clause 12 empowers the CEO to appoint persons to act as agents for the CEO for the
provision of customer service functions.
Part 3 Privacy and access to and disclosure of
information
Clause 13 defines service agency, for the purposes of the proposed Part, to mean a
Government agency and any other agency or person for whom the CEO is exercising
customer service functions.
Clause 14 authorises the CEO to disclose information that is obtained while
exercising customer service functions to the relevant Government agency, the
customer, any person to whom the Government agency may disclose the information
or other persons or classes of persons prescribed by the regulations. A Government
agency is authorised to disclose information to the CEO for customer service
function purposes and also for purposes related to certain statutory obligations. The
CEO may also disclose information obtained in connection with the exercise of
customer service functions for a service agency (other than a Government agency).
The disclosure of information by and to the CEO for the purpose of updating, with
consent, a person's information is also authorised. The use of the information for the
purpose for which it is disclosed is also authorised. The purpose of the proposed
section is to overcome restrictions contained in other Acts on the disclosure and use
of the information.
Clause 15 modifies the application of one of the information protection principles
under the Privacy and Personal Information Protection Act 1998 to the CEO. The
CEO will be permitted to give a general notice alerting a customer to information
provided by the service agency about the collection of personal or health information
instead of having to give the customer the more detailed information that would
otherwise be required when collecting information for customer service purposes. In
the case of collecting information for updating purposes or for internal records
purposes, the CEO will be permitted to give a general notice that refers to
information on the Service NSW website or held at the relevant service centre.
Clause 16 enables a delegation or sub-delegation, or an agreement, that confers
customer service functions on the CEO to also provide for the CEO to exercise, and
for the CEO to exercise, associated statutory functions relating to access to
government information and State records. Any such delegation, sub-delegation or
agreement may also authorise a Government agency to exercise such functions for
the CEO.
Clause 17 makes it clear that the proposed Act does not restrict or prevent any other
lawful collection, disclosure or use of information.
Explanatory note page 3
Service NSW (One-stop Access to Government Services) Bill 2013
Explanatory note
Part 4 Miscellaneous
Clause 18 enables the CEO to delegate functions under the proposed Act.
Clause 19 enables a Government agency to transfer assets, rights or liabilities to the
Crown if the transfer is for the purpose of enabling the CEO to exercise customer
service functions for the Government agency. Such a transfer must be consented to
by the Minister administering the proposed Act and the Minister responsible for the
Government agency. The proposed section also contains provisions relating to the
operation and effect of any such transfer, including a provision providing that the
transfer does not constitute a breach of any contractual provision.
Clause 20 exempts the CEO, a member of staff of Service NSW, or a person acting
under the direction of the CEO or such a member of staff, from personal liability for
acts or omissions done or omitted to be done in good faith for the purposes of
executing the proposed Act. Any such liability will instead attach to the Crown.
Clause 21 enables the Governor to make regulations for the purposes of the
proposed Act.
Clause 22 provides for the review of the proposed Act after 5 years from the date of
assent to the proposed Act.
Schedule 1 Savings, transitional and other
provisions
Schedule 1 contains savings, transitional and other provisions consequent on the
enactment of the proposed Act.
Schedule 2 Amendment of Acts and instrument
Schedule 2 amends the Acts and instrument specified in the Schedule.
Explanatory note page 4
First print
New South Wales
Service NSW (One-stop Access to
Government Services) Bill 2013
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 One-stop access to Government services
4 Functions of CEO relating to one-stop access by
customers to Government services 4
5 Customer service functions 4
6 Updating customer information with other agencies 4
7 Delegation of customer service functions to CEO
under other Acts or instruments 5
8 CEO may enter agreements to exercise customer
service functions 5
b2012-161-07.d17
Service NSW (One-stop Access to Government Services) Bill 2013
Contents
Page
9 Customer service functions of agencies of other
jurisdictions 6
10 Customer service agreements with non-government
entities 6
11 Internal records 7
12 Agreements authorising agents to act for Service NSW 7
Part 3 Privacy and access to and disclosure of information
13 Meaning of "service agency" 8
14 Disclosure and use of information for purposes of functions 8
15 Collection of information 9
16 Access to information and State records management 10
17 Other lawful collection, disclosure or use of information
not affected 11
Part 4 Miscellaneous
18 Delegation 12
19 Transfer of assets, rights and liabilities of Government
agencies in connection with transfer of customer
service functions 12
20 Personal liability 13
21 Regulations 13
22 Review of Act 13
Schedule 1 Savings, transitional and other provisions 14
Schedule 2 Amendment of Acts and instrument 15
Contents page 2
New South Wales
Service NSW (One-stop Access to
Government Services) Bill 2013
No , 2013
A Bill for
An Act to facilitate the provision by Service NSW of one-stop access to government
services; and for other purposes.
Clause 1 Service NSW (One-stop Access to Government Services) Bill 2013
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Service NSW (One-stop Access to Government Services) 4
Act 2013. 5
2 Commencement 6
This Act commences on the date of assent to this Act. 7
3 Definitions 8
(1) In this Act: 9
authority means a licence, permit, approval or any other authorisation. 10
Chief Executive Officer or CEO means the Chief Executive Officer of 11
Service NSW. 12
customer service function--see section 5. 13
delegate includes sub-delegate. 14
function includes a power, authority or duty, and exercise a function 15
includes perform a duty. 16
Government agency means: 17
(a) a Minister, or 18
(b) a Division of the Government Service within the meaning of the 19
Public Sector Employment and Management Act 2002, or 20
(c) a statutory body representing the Crown, or 21
(d) a body (whether incorporated or unincorporated) established or 22
continued for a public purpose by or under the provisions of a 23
statutory instrument, or 24
(e) the NSW Police Force, or 25
(f) the Teaching Service, or 26
(g) the NSW Health Service, or 27
(h) a wholly-owned subsidiary of the Crown in right of the State or 28
of a Government agency, or 29
(i) a council or a county council within the meaning of the Local 30
Government Act 1993, or 31
(j) the Chief Commissioner of State Revenue, or 32
(k) a person or body declared by the regulations to be a Government 33
agency. 34
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Service NSW (One-stop Access to Government Services) Bill 2013 Clause 3
Preliminary Part 1
information includes personal information, and health information 1
within the meaning of the Health Records and Information Privacy Act 2
2002. 3
personal information has the same meaning as it has in the Privacy and 4
Personal Information Protection Act 1998. 5
Service NSW means the Service NSW Division of the Government 6
Service. 7
(2) Notes included in this Act do not form part of this Act. 8
Page 3
Clause 4 Service NSW (One-stop Access to Government Services) Bill 2013
Part 2 One-stop access to Government services
Part 2 One-stop access to Government services 1
4 Functions of CEO relating to one-stop access by customers to 2
Government services 3
The Chief Executive Officer has the following functions: 4
(a) customer service functions delegated to or otherwise conferred 5
on the CEO under this or any other Act, 6
(b) any other function conferred or imposed on the CEO by or under 7
this or any other Act. 8
5 Customer service functions 9
The following functions are customer service functions: 10
(a) receipt of applications or fees for, or related to, authorities 11
granted under an Act, or otherwise obtained from a Government 12
agency, 13
(b) issue of authorities and other functions relating to authorities 14
granted under an Act, or otherwise obtained from a Government 15
agency, 16
(c) provision of information or advice about Government services or 17
State legislation or any other matter, 18
(d) receipt of payments or claims for payments, or making of 19
payments, 20
(e) any other function that involves the provision of a service to a 21
person by a Government agency, 22
(f) any function of an agency of the Commonwealth Government, an 23
agency of the Government of another State or Territory or an 24
agency of the Government of another country, as referred to in 25
section 9, 26
(g) any function of a person (other than a Government agency or an 27
agency referred to in paragraph (f)) as referred to in section 10, 28
(h) any other function prescribed by the regulations for the purposes 29
of this section, 30
(i) any function that is ancillary to a customer service function. 31
6 Updating customer information with other agencies 32
(1) The CEO may disclose information about a person, that is obtained in 33
the course of providing customer service functions to that person for a 34
Government agency, to another Government agency. 35
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Service NSW (One-stop Access to Government Services) Bill 2013 Clause 7
One-stop access to Government services Part 2
(2) The CEO may disclose the information to the other Government agency 1
only if the person consents to the disclosure of the information to that 2
other agency. 3
(3) The regulations may make provision for or with respect to the provision 4
of consent for the purposes of this section. 5
(4) The Minister is not to recommend the making of a regulation under 6
subsection (3) unless the Minister has certified that the Privacy 7
Commissioner has been consulted on the proposed regulation. 8
7 Delegation of customer service functions to CEO under other Acts or 9
instruments 10
(1) A Government agency or any other person may, under a provision of an 11
Act or an instrument that permits the delegation of a customer service 12
function by the agency or person (a delegation provision), delegate the 13
customer service function to the CEO. 14
(2) A delegation provision of any such Act or instrument extends to the 15
CEO as if the CEO were a person to whom functions could be delegated 16
under that provision. 17
(3) A delegation provision under which a customer service function is 18
delegated to the CEO extends so as to authorise the CEO to sub-delegate 19
the function under that provision to any of the following persons: 20
(a) a member of staff of Service NSW, 21
(b) a person, or a member of a class of persons, prescribed by the 22
regulations. 23
(4) Subsection (3) and any sub-delegation by the CEO under a delegation 24
provision are subject to the terms of the delegation to the CEO, 25
including any restriction on sub-delegation in those terms. 26
8 CEO may enter agreements to exercise customer service functions 27
(1) The CEO and a Government agency, or a person authorised on behalf 28
of a Government agency, may enter into an agreement: 29
(a) for the CEO to exercise a non-statutory customer service function 30
of the agency, or 31
(b) with respect to the exercise of a customer service function 32
delegated to the CEO. 33
(2) Without limiting subsection (1), the CEO may enter into an agreement 34
under that subsection with the State Debt Recovery Office with respect 35
to the exercise of a penalty notice function. This subsection has effect 36
whether or not any arrangement entered into under section 114 (1A) of 37
the Fines Act 1996 permits such an agreement to be made. 38
Page 5
Clause 9 Service NSW (One-stop Access to Government Services) Bill 2013
Part 2 One-stop access to Government services
(3) The CEO may exercise a customer service function or other function 1
conferred under an agreement under this section in accordance with that 2
agreement. 3
(4) In this section: 4
penalty notice function means: 5
(a) a function exercisable under an arrangement entered into by the 6
State Debt Recovery Office under section 114 (1A) of the Fines 7
Act 1996, or 8
(b) any function conferred on the State Debt Recovery Office under 9
section 114 of the Fines Act 1996. 10
9 Customer service functions of agencies of other jurisdictions 11
(1) This section applies to a function of an agency of the Commonwealth 12
Government, an agency of the Government of another State or Territory 13
or an agency of a Government of another country that is prescribed as a 14
customer service function, or is of a class of functions prescribed by the 15
regulations as customer service functions, for the purposes of this 16
section. 17
(2) The CEO may exercise a customer service function that is delegated to 18
the CEO under an Act of the Commonwealth or another State or 19
Territory or under an instrument made under any such Act. 20
(3) The CEO may sub-delegate a customer service function delegated to the 21
CEO under any such Act, if permitted to do so by or under the Act. 22
(4) The CEO may enter into an agreement with an agency of the 23
Commonwealth Government or of the Government of another State or 24
Territory, or any other person authorised to do so under a law of the 25
Commonwealth or the State or Territory, with respect to the exercise of 26
a customer service function of the agency. 27
(5) The CEO may enter into an agreement with an agency of the 28
Government of another country, or a person authorised by that 29
Government to do so, with respect to the exercise of a customer service 30
function of the agency. 31
(6) Without limiting subsections (4) and (5), any such agreement may 32
provide for the collection, disclosure and use of information. 33
(7) The CEO may exercise a customer service function conferred under an 34
agreement under this section in accordance with that agreement. 35
10 Customer service agreements with non-government entities 36
(1) This section applies to a function of a person (other than a Government 37
agency or an agency of another Government) that is prescribed as a 38
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Service NSW (One-stop Access to Government Services) Bill 2013 Clause 11
One-stop access to Government services Part 2
customer service function, or is of a class of functions prescribed by the 1
regulations as customer service functions, for the purposes of this 2
section. 3
(2) The CEO may enter into an agreement with a person with respect to the 4
exercise of a customer service function of the person. 5
(3) Without limiting subsection (2), any such agreement may provide for 6
the following: 7
(a) the collection, disclosure and use of information, 8
(b) joint arrangements for the exercise of customer service functions 9
and related matters. 10
(4) The CEO may exercise a customer service function conferred under an 11
agreement under this section in accordance with the agreement. 12
11 Internal records 13
The CEO may collect, maintain and use records of the following 14
information for the internal administrative purposes of Service NSW, 15
including for the purposes of its interactions with customers for whom 16
customer service functions are exercised: 17
(a) details of transactions between customers and Service NSW, 18
(b) the preferences of customers for transacting matters with Service 19
NSW and agencies for which it acts, 20
(c) other information about customers. 21
12 Agreements authorising agents to act for Service NSW 22
(1) The CEO may enter into an agreement with an approved person for the 23
person to act as an agent for the CEO in providing customer service 24
functions on behalf of the CEO. 25
(2) An approved person is a person, or a person who is a member of a class 26
of persons, prescribed by the regulations for the purposes of this section. 27
Page 7
Clause 13 Service NSW (One-stop Access to Government Services) Bill 2013
Part 3 Privacy and access to and disclosure of information
Part 3 Privacy and access to and disclosure of 1
information 2
13 Meaning of "service agency" 3
In this Part: 4
service agency means a Government agency or other agency or person 5
for whom the CEO is exercising customer service functions. 6
14 Disclosure and use of information for purposes of functions 7
(1) The CEO may disclose information obtained in connection with the 8
exercise of customer service functions and other functions conferred on 9
the CEO by or under this Act to the following: 10
(a) a Government agency, if the information is obtained in 11
connection with the exercise by the CEO of customer service 12
functions for that agency, 13
(b) a Government agency, if the disclosure is for the purposes of, or 14
for purposes related to, section 16, 15
(c) the person to whom the customer service functions are provided, 16
if the information relates to the person or the service provided, 17
(d) if the information is obtained in connection with the exercise by 18
the CEO of customer service functions for a Government agency, 19
any person to whom the Government agency is authorised or 20
required to disclose the information, 21
(e) any person or agency, or class of persons or agencies, prescribed 22
by the regulations, but only for the purpose specified by the 23
regulations in relation to that person, agency or class. 24
(2) The Minister is not to recommend the making of a regulation under 25
subsection (1) (e) unless the Minister has certified that the Privacy 26
Commissioner has been consulted on the proposed regulation. 27
(3) The CEO may disclose information obtained in connection with the 28
exercise of customer service functions for a service agency (other than 29
a Government agency) if: 30
(a) the information is obtained in connection with the exercise by the 31
CEO of customer service functions for the service agency, and 32
(b) the disclosure is permitted under the delegation or agreement that 33
confers the power to exercise the function, and 34
(c) in the case of a service agency that is an agency of the 35
Commonwealth Government or of the Government of another 36
State or Territory, the disclosure is permitted under any law of the 37
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Service NSW (One-stop Access to Government Services) Bill 2013 Clause 15
Privacy and access to and disclosure of information Part 3
Commonwealth or of another State or Territory that applies to the 1
exercise of the function. 2
(4) A Government agency may disclose information to the CEO for the 3
following purposes: 4
(a) the exercise by the CEO of customer service functions for the 5
agency or other related functions, 6
(b) the purposes of, or for purposes related to, section 16. 7
(5) Information may be disclosed by, and to, the CEO for the purposes of, 8
and in accordance with, section 6. 9
(6) A person to whom information is authorised to be disclosed under this 10
section may use the information for the purpose for which it was 11
disclosed. 12
(7) This section applies to a person acting as an agent of the CEO under 13
section 12 in the same way as it applies to the CEO. 14
(8) This section has effect despite the provisions of any other Act (whether 15
enacted before or after this Act). 16
Note. Section 62 of the Privacy and Personal Information Protection Act 1998 17
makes it an offence for a public sector official to disclose personal information 18
obtained in the exercise of official functions unless it is disclosed in the exercise 19
of those functions. 20
15 Collection of information 21
(1) It is sufficient compliance with section 10 of the Privacy and Personal 22
Information Protection Act 1998 or clause 4 of Schedule 1 to the Health 23
Records and Information Privacy Act 2002 in relation to the collection 24
of information from a person by the CEO in connection with customer 25
service functions, if: 26
(a) the CEO gives a notice to the person that refers the person to 27
information provided by the service agency in relation to the 28
collection of that information, and 29
(b) the information provided by the service agency contains the 30
matters about which the person is required to be made aware 31
under those provisions or, in the case of an agency of the 32
Government of the Commonwealth or of another State or 33
Territory, contains information that substantially meets the 34
requirements of those provisions. 35
(2) It is sufficient compliance with section 10 of the Privacy and Personal 36
Information Protection Act 1998 or clause 4 of Schedule 1 to the Health 37
Records and Information Privacy Act 2002 in relation to the collection 38
Page 9
Clause 16 Service NSW (One-stop Access to Government Services) Bill 2013
Part 3 Privacy and access to and disclosure of information
of information from a person by the CEO for the purposes of section 6 1
of this Act, if: 2
(a) the CEO gives a notice to the person that contains a statement that 3
information given by the person is to be used for the purposes of 4
updating information about the person held by a Government 5
agency other than the agency for which customer services are 6
provided to the person, and 7
(b) the statement refers the person to information provided by the 8
CEO that is available on the website of Service NSW or at the 9
place where the information is collected and that contains the 10
matters about which the person is required to be made aware 11
under those provisions. 12
(3) It is sufficient compliance with section 10 of the Privacy and Personal 13
Information Protection Act 1998 or clause 4 of Schedule 1 to the Health 14
Records and Information Privacy Act 2002 in relation to the collection 15
of information from a person by the CEO for the purposes of section 11 16
of this Act, if: 17
(a) the CEO gives a notice to the person that contains a statement that 18
information given by the person may be used for the purposes set 19
out in that section, and 20
(b) the statement refers the person to information provided by the 21
CEO that is available on the website of Service NSW or at the 22
place where the information is collected and that contains the 23
matters about which the person is required to be made aware 24
under those provisions. 25
16 Access to information and State records management 26
(1) An agreement entered into under this Act, or a delegation of a customer 27
service function, may provide for the exercise by the CEO of the 28
following functions of a Government agency: 29
(a) functions relating to access to information under the Government 30
Information (Public Access) Act 2009, if the information is 31
obtained or arises in connection with the exercise of functions for 32
that agency, 33
(b) functions relating to State records under the State Records Act 34
1998, if the State records relate to or are made in connection with 35
the exercise of functions for that agency. 36
(2) Any such agreement or delegation may also provide for the exercise by 37
a Government agency of functions of the CEO of a kind referred to in 38
subsection (1) (a) or (b). 39
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Service NSW (One-stop Access to Government Services) Bill 2013 Clause 17
Privacy and access to and disclosure of information Part 3
(3) The CEO or a Government agency may exercise a function conferred 1
on the CEO or the Government agency under this section despite any 2
provision of the Government Information (Public Access) Act 2009, the 3
State Records Act 1998, the Privacy and Personal Information 4
Protection Act 1998 or the Health Records and Information Privacy Act 5
2002. 6
17 Other lawful collection, disclosure or use of information not affected 7
Nothing in this Act restricts or prevents any other lawful collection, 8
disclosure or use of information by the CEO, a Government agency or 9
any other person or agency. 10
Page 11
Clause 18 Service NSW (One-stop Access to Government Services) Bill 2013
Part 4 Miscellaneous
Part 4 Miscellaneous 1
18 Delegation 2
(1) The CEO may delegate the exercise of any function of the CEO under 3
this Act (other than this power of delegation) to: 4
(a) any member of staff of Service NSW, or 5
(b) any person, or any class of persons, authorised for the purposes 6
of this section by the regulations. 7
(2) This section does not apply to a function that is delegated to the CEO by 8
a Government agency or any other person. 9
19 Transfer of assets, rights and liabilities of Government agencies in 10
connection with transfer of customer service functions 11
(1) A Government agency may transfer any assets, rights or liabilities of the 12
Government agency to the Crown, with the consent of the Minister and 13
the Minister who administers the Act under which the Government 14
agency is constituted or who is otherwise responsible for the agency, if 15
the transfer is for the purposes of enabling the CEO to exercise customer 16
service functions for the Government agency. 17
(2) A transfer authorised by this section is not to be regarded: 18
(a) as a breach of contract or confidence or otherwise as a civil 19
wrong, or 20
(b) as a breach of any contractual provision prohibiting, restricting or 21
regulating the assignment or transfer of assets, rights or 22
liabilities, or 23
(c) as giving rise to any remedy by a party to an instrument, or as 24
causing or permitting the termination of any instrument, because 25
of a change in the beneficial or legal ownership of any asset, right 26
or liability. 27
(3) A transfer authorised by this section is not to be regarded as an event of 28
default under any contract or other instrument. 29
(4) No attornment to the Crown by a lessee from the Government agency is 30
required. 31
(5) In this section: 32
assets means any legal or equitable estate or interest (whether present or 33
future, whether vested or contingent and whether personal or 34
assignable) in real or personal property of any description (including 35
money), and includes securities, choses in action and documents. 36
instrument means an instrument (other than this Act) that creates, 37
modifies or extinguishes rights or liabilities (or would do so if lodged, 38
Page 12
Service NSW (One-stop Access to Government Services) Bill 2013 Clause 20
Miscellaneous Part 4
filed or registered in accordance with any law), and includes any 1
judgment, order or process of a court. 2
liabilities means any liabilities, debts or obligations (whether present or 3
future, whether vested or contingent and whether personal or 4
assignable). 5
rights means any rights, powers, privileges or immunities (whether 6
present or future, whether vested or contingent and whether personal or 7
assignable). 8
20 Personal liability 9
(1) A matter or thing done or omitted to be done by the CEO, a member of 10
staff of Service NSW, or a person acting under the direction of the CEO 11
or a member of staff of Service NSW, does not, if the matter or thing 12
was done or omitted to be done in good faith for the purposes of 13
executing this Act, subject the CEO, member of staff or person so acting 14
personally to any action, liability, claim or demand. 15
(2) However, any such liability attaches instead to the Crown. 16
21 Regulations 17
The Governor may make regulations, not inconsistent with this Act, for 18
or with respect to any matter that by this Act is required or permitted to 19
be prescribed or that is necessary or convenient to be prescribed for 20
carrying out or giving effect to this Act. 21
22 Review of Act 22
(1) The Minister is to review this Act to determine whether the policy 23
objectives of the Act remain valid and whether the terms of the Act 24
remain appropriate for securing those objectives. 25
(2) The review is to be undertaken as soon as possible after the period of 26
5 years from the date of assent to this Act. 27
(3) A report on the outcome of the review is to be tabled in each House of 28
Parliament within 12 months after the end of the period of 5 years. 29
Page 13
Service NSW (One-stop Access to Government Services) Bill 2013
Schedule 1 Savings, transitional and other provisions
Schedule 1 Savings, transitional and other 1
provisions 2
Part 1 General 3
1 Regulations 4
(1) The regulations may contain provisions of a savings or transitional 5
nature consequent on the enactment of this Act or any Act that amends 6
this Act. 7
(2) Any such provision may, if the regulations so provide, take effect from 8
the date of assent to the Act concerned or a later date. 9
(3) To the extent to which any such provision takes effect from a date that 10
is earlier than the date of its publication on the NSW legislation website, 11
the provision does not operate so as: 12
(a) to affect, in a manner prejudicial to any person (other than the 13
State or an authority of the State), the rights of that person 14
existing before the date of its publication, or 15
(b) to impose liabilities on any person (other than the State or an 16
authority of the State) in respect of anything done or omitted to 17
be done before the date of its publication. 18
Page 14
Service NSW (One-stop Access to Government Services) Bill 2013
Amendment of Acts and instrument Schedule 2
Schedule 2 Amendment of Acts and instrument 1
2.1 Government Information (Public Access) Regulation 2009 2
Clause 11A 3
Insert after clause 11: 4
11A Declaration of Service NSW as government agency 5
For the purposes of clause 5 (1) of Schedule 4 to the Act, the 6
Service NSW Division of the Government Service is declared to 7
be an agency. 8
2.2 Health Records and Information Privacy Act 2002 No 71 9
Section 4 Definitions 10
Insert after paragraph (e) of the definition of public sector agency in 11
section 4 (1): 12
(e1) Service NSW Division of the Government Service, 13
2.3 Privacy and Personal Information Protection Act 1998 14
No 133 15
Section 3 Definitions 16
Insert after paragraph (e) of the definition of public sector agency in 17
section 3 (1): 18
(e1) Service NSW Division of the Government Service, 19
Page 15
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