Jobs for NSW Act 2015

This Act is the Jobs for NSW Act 2015.

This Act commences on the date of assent to this Act.

The objects of this Act are as follows—

to facilitate the creation of new jobs in New South Wales in a way that is responsive to changes in the economy,

to facilitate the development and attraction of new businesses, and the consolidation of existing businesses, in New South Wales,

to establish Jobs for NSW to utilise high level private sector business experience to provide strategic advice to government for the purpose of creating jobs and driving investment in New South Wales,

to facilitate the provision of innovative, cost-effective and strategically targeted incentives for economic development in New South Wales.

In this Act—

Department means the Treasury.

function includes a power, authority or duty, and exercise a function includes perform a duty.

Fund means the Jobs for NSW Fund established under section 12.

jobs creation incentive includes a grant of money, a financial guarantee, an investment or the provision of advice or a support program.

Jobs for NSW means the body established under section 5.

Secretary means the Secretary of the Department.

Notes included in this Act do not form part of this Act.

There is established by this Act a body with the name Jobs for NSW.

Jobs for NSW is to consist of the following 7 members—

4 members appointed by the Minister,

1 member appointed by the Minister for Regional Development,

the Secretary of the Treasury or a nominee of that Secretary,

the Secretary of the Premier’s Department or a nominee of that Secretary.

Of the members appointed by the Minister, one is, in and by the instrument of appointment or another instrument, to be appointed Chairperson of Jobs for NSW.

In appointing a member, a Minister is to have regard to ensuring that the members of Jobs for NSW as a whole have demonstrated commercial acumen and knowledge of, and senior business experience in, growing jobs and improving industry competitiveness.

A member appointed by a Minister holds office as a part-time member.

Jobs for NSW may use, and act under, the name Jobs for NSW Board.

Jobs for NSW has the following functions—

to advise the Minister on opportunities for developing the New South Wales economy,

to identify opportunities to attract new businesses to New South Wales,

to advise the Minister on impediments to, and opportunities for, improving and expanding competitive advantage in New South Wales,

to develop a strategy to deliver cost-effective and strategically targeted support for economic development in New South Wales,

to call for proposals for which jobs creation incentives may be granted under this Act, to assess proposals and to make recommendations to the Minister about proposals,

to prepare and recommend to the Minister for approval criteria for eligibility for jobs creation incentives and for assessment of proposals for which the incentives may be granted,

to assess any such proposals according to the eligibility and assessment criteria approved from time to time for that purpose by the Minister and to make recommendations to the Minister about the proposals and approval of jobs creation incentives,

to provide advice about business advisory services in New South Wales,

to provide advice about employment matters related to the carrying out of its functions,

any other functions prescribed by the regulations for the purposes of this section.

Jobs for NSW has any other functions that are conferred or imposed on it by or under this or any other Act.

Jobs for NSW is subject to the direction and control of the Minister, except in relation to the preparation and contents of any report, strategy, recommendation or advice provided to the Minister by Jobs for NSW.

Jobs for NSW is to prepare an annual report for each year commencing on 1 July setting out the following—

particulars of jobs creation incentives paid for from the Fund during the reporting year,

particulars of the total amount of payments made from the Fund for jobs creation incentives for proposals in rural and regional areas outside the metropolitan areas of Sydney, Wollongong and Newcastle, including whether that amount is at least 30% of the total payments made from the Fund for jobs creation incentives,

particulars of its operations during the year,

any other matter it considers appropriate to report on.

The report is to be provided to the Minister not later than 1 October following the end of the year for which the report is prepared.

The Minister may make the whole or any part of a report publicly available.

The Minister may appoint any advisory committees that the Minister considers appropriate for the purposes of advising Jobs for NSW for the purposes of this Act.

Jobs for NSW may make recommendations to the Minister as to the appointment of advisory committees and their functions.

An advisory committee has the functions the Minister may from time to time determine for it.

Without limiting subsection (3), advisory committees may be appointed to consider issues relating to regional development, innovation and skills.

An advisory committee consists of the committee members appointed by the Minister.

An advisory committee member holds office for the period specified in the instrument of appointment of the committee member, but the appointment may be terminated by the Minister at any time.

One of the advisory committee members, in and by the instrument by which the committee member is appointed or another instrument made by the Minister, is to be appointed as chairperson of the committee.

An advisory committee member is entitled to be paid the fees and allowances (if any) determined from time to time by the Minister as to the committee member.

Subject to the regulations and any directions of the Minister, the procedure of an advisory committee appointed under this section is to be as determined by the advisory committee.

The Minister may dissolve an advisory committee appointed under this section.

Jobs for NSW may delegate the exercise of any function of Jobs for NSW under this Act (other than this power of delegation) to—

the Secretary or any other person employed in the Department, or

any person, or any class of persons, authorised for the purposes of this section by the regulations.

Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable Jobs for NSW to exercise its functions.

Note—

Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services Jobs for NSW makes use of) may be referred to as officers or employees, or members of staff, of Jobs for NSW.

There is to be established in the Special Deposits Account a fund called the Jobs for NSW Fund.

The following may be paid into the Fund—

all money appropriated by Parliament for the purposes of this Act,

all other money received by Jobs for NSW or by the Minister for the purposes of this Act,

any fees or charges paid under this Act,

all money directed or authorised to be paid into the Fund under this or any other Act,

the proceeds of the investment of money in the Fund.

The following may be paid out of the Fund—

amounts for jobs creation incentives for proposals under this Act,

the costs of administering this Act,

all money directed or authorised to be paid out of the Fund under this or any other Act.

The Minister has control and management of the Fund.