Communities and Justice

4. Structure and functions of subsidiary agencies

Some government agencies are not treated as separate agencies for the purposes of the GIPA Act. These agencies (‘subsidiary agencies’) are declared to be part of and included in another agency (‘parent agency’) in relation to matters arising under the Act.

DCJ also supports a number of other statutory agencies, office holders, and independent bodies.

Below is an outline of the structure and functions of the statutory agencies, office holders, and independent bodies which are supported by DCJ, or which are otherwise subsidiary agencies of DCJ for the purposes of the GIPA Act. Click the relevant section to expand for more information.

DCJ is responsible for exercising most of the functions of the below agencies under the GIPA Act. Requests or applications under the Act for government information held by the agencies outlined below must be made to DCJ.

Anti-Discrimination Board

Anti-Discrimination NSW (‘ADNSW’) is an independent statutory body established under the Anti-Discrimination Act 1977 (NSW) (‘Act’). It is supported by DCJ’s Law Reform and Legal Services Division.

The ADNSW Board consists of up to five (5) members appointed by the Governor. The President is the senior member of the Board and provides strategic direction to ADNSW.

Day-to-day management is provided by the Executive Manager who oversees four (4) teams:

  • Enquiries and Conciliation
  • Communications and Engagement
  • Governance and Advice
  • Strategic Operations

Visit Organisational structure for further information.

ADNSW’s functions include:

  • receiving, investigating, and resolving complaints of alleged discrimination
  • conducting investigations, research, and inquiries into discrimination
  • reviewing relevant laws of NSW
  • raising awareness about discrimination and its impacts and consulting with key stakeholders
  • promoting the elimination of discrimination and the achievement of equal rights.

These functions aim to eliminate discrimination, ensure that the people of NSW are treated equally, and educate the public about the impacts of discrimination.

Anti-Slavery Commissioner

The Anti-Slavery Commissioner is an independent statutory office holder appointed by the Governor under the Modern Slavery Act 2018 (NSW). The Office of the Anti-Slavery Commissioner within DCJ supports the Commissioner’s work.

The Commissioner’s functions include:

  • advocating for and promoting action to combat modern slavery
  • identifying and providing support for victims of modern slavery
  • making recommendations and providing information, advice, education, and training about the prevention, detection, investigation, and prosecution of offences involving modern slavery
  • working with other persons and organisations to combat modern slavery and providing support to victims of modern slavery
  • monitoring risks of modern slavery occurring in government agency supply chains
  • monitoring the effectiveness of legislation and government policy in combatting modern slavery.

The Commissioner does not investigate or directly deal with complaints or concerns about individual cases of modern slavery or suspected modern slavery, although the Commissioner may take individual cases into account for the purpose of considering general issues within the Commissioner’s remit.

The Commissioner’s role seeks to:

  • promote public awareness of modern slavery and its effects
  • encourage the reporting of suspected modern slavery to the appropriate authorities
  • provide advice and assistance to children and others who are, or may be, victims of modern slavery.
Carers Advisory Council

The Carers Advisory Council is established under the Carers (Recognition) Act 2010 (NSW).

The Minister for Seniors appoints members to the Council who, in the minister’s opinion, have relevant knowledge and experience in matters relevant to carers. One (1) member is appointed as Chair of the Council and one (1) is appointed as Deputy Chair. The majority of members must be “carers”.

The Council aims to advance the interests of carers of persons with disability, medical conditions or mental illness, or frail and aged persons. It reviews and makes recommendations on legislative or policy proposals affecting carers and carries out any other functions relating to carers as may be directed by the minister.

These functions increase awareness of the valuable contribution that carers make in the community and seek to advance the interests of carers.

DCJ provides secretariat support for the Council.

Visit NSW Carers Advisory Council for further information.

Children’s Court Advisory Committee

The Children’s Court Advisory Committee is established under the Children’s Court Act 1987 (NSW).

The Committee consists of the following:

  • President of the Children’s Court, who acts as Chairperson of the Committee.
  • Director of the Children’s Court Clinic.
  • The following persons appointed by the Attorney General:
    • One (1) or more Children’s Magistrates.
    • A Children’s Registrar nominated by DCJ’s Secretary.
    • A person nominated by the Chief Executive Officer of the Legal Aid Commission.
    • A person with qualifications or experience in youth justice, nominated by DCJ’s Secretary.
    • A person with qualifications or experience in law reform, nominated by DCJ’s Secretary.
    • A person with qualifications or experience in child protection, nominated by DCJ’s Secretary.
    • A person nominated by the Commissioner of Police.
    • A person nominated by the Law Society of NSW.
    • A person nominated by the Bar Association of NSW.
    • A person who is under the age of 25 years at the time of appointment selected by the Attorney in consultation with the Minister for Families and Communities.
    • Two (2) community representatives selected by the Attorney, in consultation with the Minister for Families and Communities, who have qualifications or experience in a “relevant field”.
    • A person nominated by the Secretary of the NSW Department of Education.
    • Two (2) persons nominated by the Chief Executive Officer of the Aboriginal Legal Service.

The Committee’s functions include:

  • consultation with persons using Children’s Court services
  • providing advice to the Attorney General and the Minister for Families and Communities
  • advising the Children’s Court on the rules, practice directions, and procedures of the Court
  • any other functions conferred or imposed on the Committee by the rules of the Court or by under any other Act.

The Committee seeks to provide a cross-section of individuals (including community representatives) with relevant skills, knowledge, and experience in matters affecting children and young persons. This assists the Children’s Court to operate in a responsible manner in the best interests of the children and families that come into contact with the Court.

Children’s Court Clinic

The Children’s Court Clinic is part of the Sydney Children’s Hospitals Network. It is established by the Minister for Health under the Children’s Court Act 1987 (NSW).

The Clinic consists of the Director of the Children’s Court Clinic and any other persons appointed by the Minister for Health who, in the minister’s opinion, are suitable persons to prepare and submit assessment reports.

The Clinic employs Authorised Clinicians—professionals with psychiatry, psychology, and social work experience and qualifications—who give expert clinical assessments and recommendations to assist the Children’s Court, lawyers, and parents to plan for the care of a child or young person. These functions ensure that the Children’s Court can make the most appropriate decisions for the safety, welfare, and wellbeing of children who come into contact with the Court.

Children’s Court of NSW

The Children’s Court of NSW is established by the Children’s Court Act 1987 (NSW) and exercises jurisdiction conferred by that Act and other legislation in relation to matters involving children and young persons.

The Court consists of a President appointed by the Governor (who must hold office as a Judge of the District Court of NSW) and 15 specialist Children’s Magistrates selected from the pool of Magistrates appointed under the Local Court Act 2007 (NSW). Children’s Court cases are otherwise dealt with by Local Court Magistrates in locations where a specialist Children’s Magistrate is not available.

Matters heard by the Children’s Court include:

  • proceedings relating to the care, protection, and schooling of children and young people under the age of 18
  • criminal proceedings in which the defendant was under 18 at the time of the alleged offence, unless the alleged offence is so serious that the processes and penalties available to the Court are inadequate
  • committal proceedings for serious offences where the defendant was under 18 at the time of the alleged offence.

The Children's Court aims to provide an efficient, fair, and effective court service for children, families, and the community.

Commissioners of the Land and Environment Court

Commissioners of the Land and Environment Court are appointed by the Governor under the Land and Environment Court Act 1979 (NSW).

Commissioners adjudicate, conciliate, or mediate merits review appeals within Classes 1, 2, and 3 of the Land and Environment Court’s jurisdiction. Commissioners who are Australian lawyers may also hear and determine proceedings within Class 8 of the Court’s jurisdiction. Visit Types of cases for further information.

Commissioners bring specialised knowledge and experience in matters concerning the environment that assist in fulfilling the Court’s purpose, that is, to provide a centralised specialty court service to the people of NSW.

Contract of Carriage Tribunal

The Contract of Carriage Tribunal is established under the Industrial Relations Act 1996 (NSW). It is constituted by a Presidential Member of the Industrial Relations Commission sitting alone; however, in arbitration proceedings, it is constituted by a Presidential Member and two (2) part-time members nominated by the Presidential Member (one (1) from each of the Commission’s arbitration panels).

The Tribunal exercises conciliation and arbitration functions relating to the termination of “contracts of carriage”. Its procedures and powers are the same as those of the Industrial Relations Commission as set out in Pt 5 of Ch 4 of the Industrial Relations Act 1996 (NSW) (except those that apply to the Commission in Court Session). Appeals against decisions of the Tribunal are referred to the Full Bench of the Industrial Relations Commission.

The Tribunal aims to ensure the just settlement of disputes arising in relation to contracts of carriage.

Coroners (including State Coroner and Deputy State Coroner)

The Coroners Act 2009 (NSW) provides for the provision of coronial services in NSW.

State Coroner

The Governor may appoint a Magistrate to be the State Coroner. The State Coroner’s functions include:

  • overseeing and co-ordinating coronial services across NSW
  • ensuring the proper investigation of all deaths, suspected deaths, fires, and explosions over which a coroner has jurisdiction to hold an inquest or inquiry
  • ensuring that an inquest or inquiry is held:
    • whenever required by the Coroners Act 2009 (NSW), or
    • if they are of the opinion that it is desirable to hold an inquest or inquiry
  • issuing guidelines to coroners to assist them in performing their functions
  • any other functions conferred or imposed by the Coroners Act 2009 (NSW) or any other Act.

The State Coroner is subject to the control and direction of the Chief Magistrate of NSW in the exercise of the above functions.

The State Coroner also has all the functions of a coroner and, together with Deputy State Coroners, supports the Domestic Violence Death Review Team.

The State Coroner’s functions assist in ensuring the effective exercise of the jurisdiction of coroners and the delivery of coronial services across NSW.

Deputy State Coroners

The Governor may appoint a magistrate to be a Deputy State Coroner. There are currently nine (9) Deputy State Coroners.

Deputy State Coroners exercise functions delegated to them by the State Coroner and any other functions conferred or imposed by the Coroners Act 2009 (NSW) or any other Act.

Coroners and assistant coroners

The State Coroner and Deputy State Coroners are supported by a network of coroners and assistant coroners across NSW.

Coroners are appointed by the Governor and must be an Australian lawyer to be eligible for office. Magistrates also have the jurisdiction of a coroner by virtue of their office as a magistrate, even if they are not specifically appointed as a coroner.

The functions of coroners include examining sudden, unexpected, unnatural, and suspicious deaths, suspected deaths (in the case of missing persons), and fires and explosions causing serious injury or damage to property.

Coroners cannot find people guilty of crimes; however, if a coroner forms the view that a known person has committed an indictable offence in relation to a death, the coroner must suspend the inquest and refer the matter to the Director of Public Prosecutions to determine whether charges should be brought in the appropriate criminal court.

Assistant coroners may be appointed by the Attorney General. A person must be employed by DCJ to be eligible for appointment.

Assistant coroners are responsible for:

  • providing administrative assistance to coroners at the control and direction of the coroner
  • exercising functions delegated to an assistant coroner by the State Coroner, which may include:
    • ordering the disposal of the remains of a deceased person
    • issuing post-mortem investigation directions
    • dispensing with an inquest if a death is a result of natural cases.

The findings of inquiries conducted by the Coroners Court have direct impacts upon deceased persons and their families by seeking to substantiate causes of death and provide closure. A coroner’s findings may assist in protecting the lives and wellbeing of members of the community by informing relevant authorities about practices, policies, or laws which could be reformed to prevent future deaths, fires, and explosions.

Visit Coroners Court of NSW for further information.

Corrective Services NSW

Corrective Services NSW (‘CSNSW’) was formerly a division of DCJ. It commenced operating as an independent executive agency on 1 October 2024.

The Commissioner of Corrective Services is the head of the agency. The Commissioner reports directly to the Minister for Corrections.

CSNSW has three (3) branches led by senior executives who report to the Commissioner:

  • Deputy Commissioner, Community, Industry and Capacity
  • Deputy Commissioner, Security and Custody
  • Deputy Commissioner, Strategy and Governance

Further information about CSNSW’s branches is provided below.

Strategy and Governance

Strategy and Governance provides the following services:

  • research, evaluation, and statistics.
  • oversight of strategy, program delivery, and implementation of government policy.
  • management of executive, ministerial, and parliamentary correspondence.
  • management of complaints and inquiries received from inmates through the Corrective Services Support Line.
  • secretariat support for the Serious Offenders Review Council.
  • media and communications.
  • management of sentences and the administration of court orders affecting individuals in the custody of CSNSW, including processing the initial lodgement of all new offenders.

Security and Custody

Security and Custody manages the operation of correctional centres in NSW in accordance with the Crimes (Administration of Sentences) Act 1999 (NSW). Its functions include:

  • day-to-day administration of correctional centre procedures and secure custodial operations
  • facilitating court escorts, medical escorts, and movements of inmates
  • rostering and scheduling of staff resources in correctional facilities.

Community, Industry and Capacity

Community, Industry and Capacity executes a range of functions aimed at rehabilitating, reintegrating, and building the capacity of offenders. This includes:

  • supervising offenders in the community through Community Corrections offices
  • overseeing education and employment programs for individuals in custody
  • providing internal services such as buy ups, food services, and laundry
  • operating residential centres.

CSNSW’s functions seek to contribute to reduced rates of reoffending, rehabilitation of offenders, and enhance community safety. The effects of these functions are not limited to persons in direct contact with CSNSW, but are wide-reaching and impact the community by seeking to responsibly manage correctional centres, supervise offenders in the community, support members of the community affected by criminal behaviour, and support offenders and their families to reintegrate into lawful community life.

Costs assessors

Costs assessors are appointed by the Chief Justice of NSW under the Legal Profession Uniform Law Application Act 2014 (NSW). Costs assessors are independent of the Supreme Court of NSW and they are not officers of the Court.

Costs assessments conducted by a costs assessor are used to quantify amounts payable under a costs order made by a NSW court or tribunal (“party/party costs” or “ordered costs”), or to determine costs between lawyers and their clients (“solicitor/client costs”) where a dispute arises.

Costs assessors’ functions assist members of the public involved in legal proceedings and or who retain a lawyer by:

  • determining a fair and reasonable amount to be paid under a costs order
  • ensuring that bills issued by lawyers to their clients give effect to any applicable costs agreement and legislation, or otherwise quantify a fair and reasonable amount for solicitor/client costs.
Disability Council NSW

The Disability Council NSW is an advisory body to the NSW Government on matters relating to people with disability and disability inclusion. It was established under the Community Welfare Act 1987 (NSW) and is continued in existence by the Disability Inclusion Act 2014 (NSW).

The Council must consist of between eight (8) and 12 members, the majority of whom must be people with a disability. Members must be a member or employee of an organisation concerned especially with the interests of people with disability, or other persons with appropriate skills and experience in relevant matters. The Council includes a chairperson (who must be a person with disability) and a deputy chairperson.

DCJ provides secretariat support for the Council.

The Council’s functions include monitoring the implementation of government policy, advising the Minister for Disability Inclusion and public authorities, promoting the inclusion of people with disability, consultation with similar bodies and people with disability, and conducting research. It ensures that the voices of persons with disability are heard in relevant forums and government policy proposals.

Visit About the Disability Council for further information.

District Court of NSW

The District Court of NSW is the intermediate court of record in the NSW court hierarchy. It was established by the District Court Act 1973 (NSW).

The Court is comprised of a Chief Judge and more than 80 judges who exercise the Court’s jurisdiction. It is supported by registrars (including the Judicial Registrar and Principal Registrar) who deal with certain case management, administrative, and ceremonial matters. Visit Chief Judge and Judicial Officers for further information.

The Court has jurisdiction to hear:

  • proceedings for all criminal offences except murder, treason, and piracy
  • civil claims for motor accident cases for any claimed amount
  • other civil claims for amounts up to $1,250,000 (or higher if the parties consent)

The Court also hears appeals from decisions of the Local Court and the Children’s Court.

Historically, the District Court’s functions aimed to simplify legal proceedings in civil claims for lesser amounts and relieve pressure on the Supreme Court. Its jurisdiction has been expanded over time and it is now the largest trial court in Australia; however, the Court continues to provide the public with intermediate and appellate court services with the ultimate aim of ensuring the efficient and effective administration of the justice system in NSW.

Visit About us for more information about the Court.

Dust Diseases Tribunal

The Dust Diseases Tribunal is established as a court of record under the Dust Diseases Tribunal Act 1989 (NSW). It has exclusive jurisdiction to hear and determine claims by persons who suffer from dust-related diseases or dependents of persons who have died from a dust-related disease.

The Tribunal is composed of a principal judicial officer called the President, three (3) Judges, and two (2) Acting Judges. A registrar and registry staff deliver registry services.

The Tribunal was established to ensure early hearings of claims and to provide efficient access to justice for seriously ill plaintiffs and their families.

Visit How the Tribunal works for further information.

Industrial Committees

Industrial Committees are established under the Industrial Relations Act 1996 (NSW) to exercise the functions of the Industrial Relations Commission in respect of the industry or part of an industry for which the Committee is established. The extent of their functions depends on the purpose for which the Committee was established. Committees exist for three (3) years unless dissolved sooner or extended for a further period.

Committees consist of a member of the Industrial Relations Commission who acts as the Chairperson and equal numbers of employer and employee representatives.

A list of current and past Industrial Committees is available online at List of Industrial Committees. Orders of the Industrial Relations Commission establishing the Committees available at the above link set out the scope and structure of each Committee.

Industrial Registrar

The Industrial Registrar exercises functions under the Industrial Relations Act 1996 (NSW) and other legislation conferring or imposing functions on the Registrar. These functions include providing administrative and case management support to the Industrial Relations Commission and delivering client services directly to members of the public.

The Registrar’s functions assist the public with industrial disputes within the Commission’s jurisdiction to achieve justice through access to the Commission’s services and by exercising decision-making powers vested in the Registrar under relevant legislation.

Industrial Relations Commission

The Industrial Relations Commission of NSW is established by the Industrial Relations Commission Act 1996 (NSW).

The Commission is constituted by three (3) Presidential Members and several Commissioners who exercise its functions.

The Commission’s functions include:

  • resolving industrial disputes and unfair dismissal claims
  • fixing wage rates and setting the terms and conditions of employment through industrial awards, approving enterprise agreements, inquiring into, and reporting on, industrial or other matters referred by the Minister for Industrial Relations
  • any other functions conferred or imposed on the Commission by any Act or law.

These functions are limited to NSW-based industrial relations legislation and do not extend to matters arising under the Fair Work Act 2009 (Cth). Such matters are dealt with in the federal jurisdiction by the Fair Work Commission.

Inspector of Custodial Services

The Inspector of Custodial Services (‘ICS’) is appointed by the Governor under the Inspector of Custodial Services Act 2012 (NSW).

The ICS’s main functions are to:

  • inspect each adult custodial facility in NSW at least once every five (5) years
  • inspect each youth justice centre or juvenile correctional centre in NSW at least once every three (3) years
  • examine and review custodial services at any time
  • report to Parliament on the findings of inspections, examinations, or reviews conducted
  • report to Parliament on any issues or general matters related to the ICS’s functions if requested by the Minister for Corrections, or if it is in the interest of any person or the public to do so.

The ICS provides advice and recommendations in their reports to Parliament and oversees the Official Visitor Program conducted in correctional facilities and youth justice centres.

The ICS has powers associated with the exercise of their functions, including an entitlement to full access to a custodial facility’s records, visiting and examining a custodial facility at any time, or requiring the production of documents.

These functions are integral to ensuring higher standards of conditions, treatment, and outcomes for adults and young persons in custody, ensuring the ethical operation of custodial facilities in NSW, and ensuring the accountability of the correctional system to the people of NSW.

Land and Environment Court of NSW

The Land and Environment Court of NSW was established on 1 September 1980 as a superior court in the NSW court hierarchy. It was established under the Land and Environment Court Act 1979 (NSW) (‘LEC Act’) and is the first specialist environmental superior court in the world.

The Court is comprised of a Chief Judge and Judges who hold the same rank and status as Judges of the Supreme Court. The Chief Judge and Judges of the Court are appointed by the Governor.

The Court has the jurisdiction afforded under the LEC Act or any other Act, such as the Environmental Planning and Assessment Act 1979 (NSW). Its functions include hearing environmental planning and protection appeals, local government appeals, land tenure, valuation, rating, and compensation matters, appeals against convictions for environmental offences, and mining matters.

Appeals against decisions of the Court are heard by the Court of Appeal (civil matters) or the Court of Criminal Appeal (criminal matters).

The establishment of the Court has consolidated the jurisdiction formerly exercised by several courts and tribunals by giving the Court exclusive jurisdiction over certain environmental matters. This provides the public with a specialised and centralised court service for civil and criminal matters concerning the environment, development, building, and planning.

Legal Profession Admission Board

The Legal Profession Admission Board (‘LPAB’) is a statutory corporation constituted under the Legal Profession Uniform Law Application Act 2014 (NSW).

The LPAB consists of 11 members:

  • Chief Justice of NSW.
  • Three (3) Judges of the Supreme Court nominated by the Chief Justice of NSW.
  • Attorney General or another person nominated by the Attorney General.
  • Two (2) persons nominated by the Council of Australian Law Deans, being members of the Council from NSW.
  • Two (2) barristers nominated by the Bar Council.
  • Two (2) solicitors nominated by the Law Society Council.

The Board’s functions include:

  • determining the eligibility and suitability of persons seeking admission as a lawyer in NSW
  • appointing public notaries in NSW
  • accrediting academic law courses and practical legal training courses in NSW
  • registering, enrolling, and examining students in its Diploma in Law course
  • maintaining the Roll of Lawyers and the Roll of Public Notaries in NSW.

The Board may delegate its functions to a committee (which may in turn subdelegate its functions to a subcommittee), a member of the Board, a member of staff of the Board, or any person or class of persons prescribed by applicable regulations. Visit Instruments of delegation and About LPAB for further information about the Board’s delegations and committee structure..

The LPAB’s functions ensure the integrity of the legal profession, giving confidence to the public that persons admitted to the profession attain their qualifications through accredited courses and meet the requirements for admission.

Local Court of NSW

The Local Court of NSW is established as a court of records by the Local Court Act 2007 (NSW). It is the lowest court in the NSW court hierarchy.

The Court is composed of the Chief Magistrate, Deputy Chief Magistrates, and Magistrates who exercise the judicial power of the Court. Judicial officers of the Court are appointed by the Governor.

The Chief Magistrate is the principal judicial officer of the Court. They are supported by three (3) Deputy Chief Magistrates and an executive office which monitors the Court’s caseload, co-ordinates judicial resources and court sittings, publishes circulars and practice directions, manages listings at the Downing Centre Local Court, and provides statewide administrative support to Magistrates.

There are 140 Magistrates across NSW who independently exercise the judicial power of the Court. The Chief Magistrate does not have supervisory authority over Magistrates’ exercise of judicial power.

Registrars and deputy registrars provide administrative support to the Local Court and may exercise any functions conferred by the Local Court Act 2007 (NSW) or any other law.

The Court has jurisdiction to hear:

  • criminal proceedings for less serious offences
  • committals for serious criminal offences before the matter progresses to a superior court
  • civil proceedings for claims up to $100,000
  • apprehended violence order applications
  • limited family law applications relating to property settlements and residence orders.

The Court provides the public with a lower court service with the aim of ensuring the efficient and effective administration of justice.

Visit About the Court for further information.

NSW Civil and Administrative Tribunal

The NSW Civil and Administrative Tribunal (‘NCAT’) commenced operating on 1 January 2014, consolidating the work of 22 former tribunals in NSW into a single specialist tribunal service. It is constituted under the Civil and Administrative Tribunal Act 2013 (NSW) (‘CAT Act’).

The NCAT is composed of members appointed by the Governor or Attorney General. Membership of the NCAT consists of the President, Deputy Presidents, principal members, senior members, and general members.

The President oversees business and administrative practices, makes directions in relation to practice and procedure, manages Tribunal members, advises the Attorney General on the appointment, reappointment, or removal of Tribunal members, and exercises any other functions conferred or imposed on the President by any Act or law.

NCAT has the following divisions:

The President or a Deputy President may be appointed as a Division Head. A Division Head directs the business of a division and may exercise any other functions conferred or imposed on a Division Head by legislation.

The NCAT may be constituted as an Appeal Panel to hear internal appeals against certain decisions made by a division.

Members are the decision-makers of the NCAT who hear and determine cases in accordance with applicable law and based on the evidence presented by the parties.

The NCAT has such jurisdiction and functions as may be conferred or imposed on it by the CAT Act or any other legislation (“enabling legislation”). A list of legislation that confers jurisdiction on the NCAT is available at Legislation.

Functions under enabling legislation are allocated to NCAT’s divisions in accordance with Schs 3-6 of the CAT Act. These functions include hearing external appeals against decisions made by an external decision-maker, if legislation provides that such an appeal may be made to the NCAT.

Registry functions are exercised by DCJ’s Courts, Tribunals and Service Delivery Division, under the supervision of the Principal Registrar and Executive Director of the NCAT. A registrar exercises such functions as may be conferred or imposed by the CAT Act or any other legislation.

The NCAT provides a single point of access to most tribunal services in NSW. This provides the public with a more informal, efficient, and accessible way of settling disputes compared to traditional courts.

Visit About NCAT for further information.

Housing Appeals Committee

The Housing Appeals Committee (‘HAC’) is an independent body that deals with second-tier appeals from people who are aggrieved by social housing decisions made by DCJ or registered community housing providers.

The HAC consists of members who have knowledge and expertise in a range of areas, such as housing, community services, health, merits review, law, psychology, welfare, or social housing policies. Members are appointed by the Minister for Housing. Presiding Chairs are experienced members who chair appeal hearings and prepare appeal reports following a hearing.

The Manager is the executive head of the HAC, accountable to the minister. The Manager administers the Secretariat which provides corporate and operational support to the HAC (including responding to enquiries from the public). The Secretariat is part of DCJ’s Homes NSW Division.

The HAC operates to ensure that decisions of social housing providers are fair, reasonable and consistent with policy. It undertakes merits review, makes recommendations to social housing providers on whether to maintain a decision or vary it in whole or in part, and provides advice on systemic issues. This provides members of the public who are aggrieved by a decision with a way to seek an independent review, ensuring that social housing processes are fair and accountable.

NSW Law Reform Commission

The NSW Law Reform Commission is an independent statutory agency established under the Law Reform Commission Act 1967 (NSW). It consists of a Chairperson and two (2) part-time Commissioners appointed by the Governor.

The Commission receives referrals from the Attorney General (“references”) on law reform issues, prepares reports analysing the issues identified in the reference, and makes recommendations to the NSW Government on law reform. Visit What we do for further information.

The Commission engages the public in the law reform process by:

  • releasing consultation papers and receiving submissions from members of the public
  • consulting stakeholders including interest groups, legal and industry experts, non-government organisations, and government agencies
  • engaging with members of the community affected by the law under review
  • maintaining a mailing list to provide updates to subscribers.

The Commission’s functions are supported by the Law Reform Commission and Sentencing Council Secretariat within DCJ’s Law Reform and Legal Services Division.

The Commission’s functions aim to address emerging issues, improve, modernise, and simplify the law, identify and remove inefficiencies and defects in the law, repeal obsolete laws, and improve access to justice.

NSW Sentencing Council

The NSW Sentencing Council is an independent advisory body established in 2003 under the Crimes (Sentencing Procedure) Act 1999 (NSW).

The Council consists of 16 members appointed by the Attorney General as follows:

  • One (1) retired judicial officer (other than a retired Magistrate).
  • One (1) retired Magistrate.
  • One (1) with expertise or experience in law enforcement.
  • Four (4) with expertise or experience in criminal law or sentencing, of whom one (1) must have expertise or experience in the area of prosecution and one (1) must have expertise or experience in the area of defence.
  • One (1) with expertise or experience in Aboriginal justice matters.
  • Four (4) general community representatives, two (2) of whom must have expertise or experience in matters relating to victims of crime.
  • One (1) with expertise or experience in corrective services.
  • One (1) with expertise or experience in juvenile justice.
  • One (1) representative of DCJ.
  • One (1) with academic or research expertise or experience of relevance to the Council’s functions.

The retired judicial officer member is Chairperson of the Council. The Attorney may appoint another member to be Deputy Chairperson.

The Council’s functions include:

  • advising and consulting the Attorney General on criminal sentencing issues
  • researching and reporting on criminal sentencing issues at the request of the Attorney General
  • monitoring and reporting on sentencing trends and practices
  • educating the public about criminal sentencing.

The Council is supported by the Law Reform Commission and Sentencing Council Secretariat within DCJ’s Law Reform and Legal Services Division.

The Council’s functions aim to ensure that criminal sentencing practices are responsive to trends in criminal behaviour and the needs of the community.

Office of the NSW Legal Services Commissioner

The Office of the NSW Legal Services Commissioner (‘OLSC’) is an independent statutory body that supports the NSW Legal Services Commissioner in the exercise of their functions. DCJ’s Law Reform and Legal Services Division provides support to the OLSC.

The NSW Legal Services Commissioner is appointed by the Governor under the Legal Profession Uniform Law Application Act 2014 (NSW). The Commissioner provides strategic direction to the OLSC and is supported in the day-to-day management of operations by the Assistant Commissioner (Legal) and the Deputy Commissioner (Resolutions).

There are (5) teams within the OLSC staffed by employees who advise and assist the Commissioner in the exercise of their functions and powers. Visit OLSC Structure for further information.

The Commissioner functions include receiving and investigating complaints about lawyers in NSW, resolving consumer disputes between lawyers and clients, taking disciplinary action against lawyers, or commencing disciplinary proceedings in the NCAT.

The Commissioner’s role seeks to improve the professionalism of lawyers in NSW and ensures that lawyers abide by ethical and professional obligations when providing legal services. The OLSC aims to improve standards in the legal services industry and improve the public’s satisfaction with the services delivered to the community by solicitors and barristers.

Office of the NSW Advocate for Children and Young People

The Advocate for Children and Young People is an independent statutory office established under the Advocate for Children and Young People Act 2014 (NSW). The Advocate is appointed by the Governor.

The Advocate’s functions include:

  • promoting the safety, welfare, and wellbeing of children and young people
  • conducting special inquiries into issues affecting children and young people
  • making recommendations to government agencies and non-government organisations on legislation, policies, practices, procedures, and services affecting children and young people
  • promoting participation by children and young persons in decision-making about issues that affect their lives and encouraging government agencies and non-government organisations to seek participation from children and young persons
  • providing information to help children and young people
  • preparing a 3-year strategic plan for children and young people in NSW, in consultation with the Minister for Youth.

These functions aim to address systemic issues affecting children and young people, prioritise the interests and needs of children with complex needs, and work with other organisations to represent the interests of children and young people.

Office of the Solicitor General and Crown Advocate

The Solicitor General is the second law officer of NSW appointed by the Governor under the Solicitor General Act 1969 (NSW). The Solicitor may:

  • act as Counsel for the Crown, typically by advising on constitutional matters or representing the State of NSW in legal proceedings before the High Court of Australia
  • exercise the Attorney General’s powers, authorities, duties, and functions if the Attorney is absent from the state, on leave, ill, or if the office of Attorney General is vacant.

The Attorney General may delegate powers, authorities, duties, and functions exercisable by the Attorney to the Solicitor General.

The Crown Advocate is appointed by the Governor under the Crown Advocate Act 1979 (NSW). The Crown Advocate’s role includes:

  • assisting the Solicitor General in the exercise of the Solicitor’s functions
  • advising on and conducting criminal proceedings on behalf of the Director of Public Prosecutions with the Attorney General’s consent and at the request of the Director
  • at the direction of the Attorney General—acting as Counsel for the Crown, for the Attorney, or for any other person, in any criminal or civil proceedings, inquiry, or commission
  • advising the Attorney General in respect of any matter referred by the Attorney
  • exercising any functions of the Attorney General delegated to the Advocate by the Attorney.

Together with the Attorney General and Crown Solicitor, the Solicitor General and Crown Advocate act as legal and constitutional advisors to the Crown and the NSW Government. Their role ensures that the interests of the people of NSW are protected within Australia’s federal system of government.

Public Defenders

Public Defenders are appointed by the Governor under the Public Defenders Act 1995 (NSW).

The Senior Public Defender supervises the work of Public Defenders, consults Legal Aid NSW and community legal centres about the provision of legal assistance, and advises the Attorney General on reform of the law relevant to the work of Public Defenders. The Senior Public Defender may also exercise the functions of a Public Defender.

Deputy Senior Public Defenders assist the Senior Public Defender to perform their functions as the Senior Public Defender may require. Deputy Senior Public Defenders may also exercise the functions of a Public Defender.

Public Defenders provide legal advice and representation to legally assisted persons charged with serious criminal offences, often briefed by Legal Aid NSW, the Aboriginal Legal Service (NSW/ACT), private solicitors, or community legal services where a client has been granted legal aid. They typically appear in District and Supreme Court criminal proceedings, murder committals before the Local Court, and criminal appeals to the Court of Criminal Appeal or the High Court of Australia.

The Public Defender’s Office is supported by DCJ’s Law Reform and Legal Services Division.

Public Defenders ensure that persons charged with serious offences, regardless of financial status, have access to legal representation and achieve just and fair outcomes in accordance with the law. They may also provide education through lectures and seminars, provide advice and education to criminal law practitioners, and contribute to law reform by making submissions to the Attorney or participating in committees.

Registrar of Community Housing

The Registrar of Community Housing is an independent statutory office holder under the Community Housing Providers (Adoption of National Law) Act 2012 (NSW).

The Registrar is responsible for registering, monitoring, and regulating non-government community housing providers in NSW under the National Regulatory System for Community Housing and the NSW Local Scheme. These functions include assessing the suitability of an entity to be registered as a community housing provider and investigating complaints about the compliance of providers with relevant legislation.

The Registrar’s functions are essential to growing and developing the community housing sector and providing the public (particularly persons on very low, low or moderate incomes) with a well-regulated community housing sector that meets the needs of tenants in a responsible and lawful manner.

Serious Offenders Review Council

The Serious Offenders Review Council (‘SORC’) is an independent statutory body established under the Crimes (Administration of Sentences) Act 1999 (NSW) (‘CAS Act’).

It must consist of between eight (8) and 14 members as follows:

  • Three (3) members must be “judicially qualified persons” appointed by the Governor.
  • Two (2) members must be officers of Corrective Services NSW appointed by the Commissioner of Corrective Services.
  • The remainder must be community members appointed by the Governor who reflect as closely as possible the composition of the community at large.

The three (3) judicial members are respectively appointed as Chairperson, Alternate Chairperson, and Deputy Chairperson of the Council.

The SORC exercises functions in relation to “serious offenders”, including those who are:

  • serving a sentence for murder
  • serving a life sentence
  • serving a sentence under which the offender will not be eligible for release until they have served at least 12 years in custody
  • deemed by the sentencing court, the State Parole Authority, or the Commissioner of Corrective Services as requiring management as a serious offender.

Its functions include:

  • advising and making recommendations to the Commissioner of Corrective Services on the security classification, placement, and case management of serious offenders
  • providing reports and advice to the State Parole Authority concerning the release of serious offenders on parole
  • submitting reports to the Supreme Court of NSW with respect to applications under Sch 1 to the Crimes (Sentencing Procedure) Act 1999 (NSW).
  • reviewing segregated and protective custody directions under Pt 2 Div 2 of the CAS Act.

The SORC includes committees which provide recommendations pertaining to the management of high security inmates, reclassification of inmates classified as an escape-risk (medium security) to lower classifications, and pre-release leave for public interest inmates.

These functions affect members of the public by ensuring that serious offenders are appropriately managed in custody with the necessary classification, placement, and case management to maintain the security, good order, and discipline of correctional centres and facilitate the rehabilitation of serious offenders.

State Parole Authority

The State Parole Authority (‘SPA’) is an independent statutory agency which makes decisions on the parole of offenders. It is established under the Crimes (Administration of Sentences) Act 1999 (NSW). It must consist of:

  • at least four (4) “judicially qualified persons” appointed by the Governor
  • at least one (1) police officer appointed by the Commissioner of Police and one (1) officer of Community Corrections appointed by the Commissioner of Corrective Services
  • at least 10 community members appointed by the Governor who reflect as closely as possible to composition of the community at large.

Visit Members for information about current membership.

The SPA is supported by a Secretariat staffed by Corrective Services NSW officers.

The SPA makes decisions in relation to inmates serving a prison sentence of more than three (3) years. Inmates sentenced to less than three (3) years imprisonment are released on parole by the sentencing court at the end of their non-parole period.

Its functions include:

  • deciding whether to grant parole (including setting parole conditions, if parole is granted)
  • deciding whether to grant a reintegration home detention order (including the conditions on which such an order is to be granted)
  • revoking or reinstating a parole order or an Intensive Correction Order
  • declining parole for offenders convicted of terrorism offences unless satisfied that the offender will not engage in, incite, or assist others to engage in terrorist acts or violent extremism.

The SPA must not direct the release of an offender unless satisfied that it is in the interests of the safety of the community. Its decisions balance risks to the community and the underlying importance of reducing rates of reoffending, rehabilitation, and reintegration into lawful community life.

Supreme Court of NSW

The Supreme Court of NSW is a superior court of record in the NSW court hierarchy. It was established in 1824 and its existence is continued by the Supreme Court Act 1970 (NSW).

The Court is composed of the following judicial officers appointed by the Governor:

  • Chief Justice of NSW.
  • President of the Court of Appeal.
  • Judges of Appeal.
  • Chief Judge at Common Law.
  • Chief Judge in Equity.
  • Judges.
  • Associate Judges.

The Court has statutory jurisdiction and an inherent jurisdiction to exercise such powers as may be necessary for the administration of justice in NSW. This includes:

  • unlimited jurisdiction in civil claims, although in practice it hears civil claims that fall outside the jurisdiction of lower courts.
  • jurisdiction to hear the most serious criminal charges, for example, murder, attempted murder, manslaughter, and Commonwealth prosecutions for serious breaches of corporations law.
  • administrative law jurisdiction over challenges to the legality of decisions made by government ministers, government officials, and government agencies.
  • jurisdiction to hear appeals from decisions of lower courts and tribunals.

The Court’s jurisdiction is exercised across the following divisions:

  • Common Law Division: Hears civil, criminal, and administrative law matters. It is administered by the Chief Judge at Common Law.
  • Equity Division: Hears civil matters in specialty areas (such as admiralty, succession and probate, real property, and adoption matters). It is administered by the Chief Judge in Equity.
  • Court of Appeal: Final court of appeal for civil proceedings in NSW. Hears civil law appeals against decisions of a single judge of the Supreme Court or, subject to applicable law, appeals from lower courts or tribunals.
  • Court of Criminal Appeal: Final court of appeal for criminal matters in NSW, established by the Criminal Appeal Act 1912 (NSW). Hears appeals against decisions in criminal matters heard by the Supreme Court, District Court, and Land and Environment Court sitting in its criminal jurisdiction.

The High Court of Australia hears appeals from the Court of Appeal or the Court of Criminal Appeal. It is a federal court and the highest court in all Australian jurisdictions. A person may only appeal if the High Court grants special leave (permission).

Trustees of the Anzac Memorial Building

The Anzac Memorial Building, located at the southern end of Hyde Park in Sydney’s CBD, is controlled and managed by a Board of Trustees in accordance with the Anzac Memorial (Building) Act 1923 (NSW). The Trustees are a statutory body corporate named “The Trustees of the Anzac Memorial Building”.

The Board of Trustees consists of the following:

  • Premier.
  • Leader of the Opposition.
  • Lord Mayor of Sydney.
  • President of the Returned and Services League of Australia (NSW Branch).
  • Secretary of the NSW Department of Education.
  • NSW Government Architect.
  • NSW State Librarian.
  • A representative of the Australian Defence Force appointed by the Minister for Veterans in accordance with s 3C of the Anzac Memorial (Building) Act 1923 (NSW).
  • A veterans’ representative appointed by the Minister in accordance with s 3A of the Act.
  • A community representative appointed by the Minister in accordance with s 3B of the Act.

The Trustees’ functions include the control and management of all property vested in the body corporate established by the Act and the application of funds to the equipment, upkeep, maintenance, and management of the Anzac Memorial Building.

These functions promote, maintain, and enhance the Memorial as the state’s principal commemorative and interpretative monument dedicated to the service and sacrifice of Australians in peace and war.

Victims Advisory Board

The Victims Advisory Board is established under the Victims Rights and Support Act 2013 (NSW).

The Board consists of the following members:

  • Commissioner of Victims Rights, who acts as Chairperson of the Board.
  • Six (6) community representatives.
  • Government agency representatives from DCJ, Legal Aid NSW, NSW Police Force, and Office of the Director of Public Prosecutions.

The Board’s functions are to:

  • advise the Attorney General on policies and administrative arrangements for support services and assistance to victims of crime
  • consult victims of crime, community support groups, and government agencies on issues and policies concerning victims of crime
  • promote legislative, administrative, or other reforms to meet the needs of victims of crime.

The Board recognises and promotes the rights of victims of crime in its capacity as an advisor to the Attorney General and the NSW Government. These functions help to develop and reform services, policies, and legislation affecting the rights of victims of crime.

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