Index of undertakings

The Minister for Energy's undertaking to amend the National Energy Retail Law (Adoption) Act 2012 via the remake of the National Energy Retail Law (Adoption) Regulation 2020 to omit section 116G(2)(a). This undertaking will be published on the Committee's webpage and will be updated when the relevant undertaking has been implemented.

The Minister undertook to engage with Parliamentary Counsel's Office to explore the possibility of removing the 'irrelevant references' to regulations 267A(1) and (2), 294A(1) and (2) and 383A(1) and (2), from the Education and Care Services National Regulations (NSW).

The President of the Personal Injury Commission of NSW undertook to delete the references to the repealed Police Regulation 2015 in the Personal Injury Commission Rules 2021 and instead to refer to the new Police Regulation 2025. 

The Minister for Energy undertook to: 
(a)   amend the regulation making powers in the Pipelines Act 1967 to ensure they capture the scope of section 260 of the amending regulation, with respect to giving explicit power for the Minister to deal with property, 
(b) amend the regulation making power in the Pipelines Act 1967 to ensure directions can be made to owners of licence operations property (rather than just licensees or former licences),
(c) amend the Pipelines Regulation 2023, section 260, to make clear that any proceeds of the sale of licence operation property (minus costs and expenses incurred by the Minister as per that section) must be returned to the licensee/ owner, 
(d) amend the Pipelines Regulation 2023, section 43F, to remove reference to section 39(7)(a) as there is no section 39(7)(a) intended to be captured, and
(e) amend the Pipelines Regulation 2023, section 44B, to clarify the policy intent.
 

The Minister for Roads undertook to amend section 171B(3) to clarify that the fixing of fees is to be done through the making of statutory rules, consistent with the Act, section 24(2) and Schedule 1, section 14.

The Minister for Planning and Public Spaces undertook to amend the instrument to: 

• clarify that the power contained in section 71(4A) may only be exercised on the application of the certificate holder, and
• clarify that the power contained in section 71(4A) is conferred on the Planning Secretary and not 'an approved BASIX system

The Minister for Roads undertook to amend the instrument in response to the Committee’s scrutiny concerns.

The Minister for Roads undertook to amend the instrument in response to the Committee's scrutiny concerns.

The Minister for Work Health and Safety undertook to amend the regulation by relocating the note from the foot of section 55D to section 55C in order to ensure consistency with the Model WHS Regulations.

The Minister for Water undertook to do the following: 

• to amend the regulation, section 58, to address the Committee's concerns and make clear that the provisions do not abrogate the privilege against self-incrimination,
• to obtain advice from the Department of Climate Change, Energy, the Environment and Water on the application of the regulation, section 37 and the options for a legislated right of review or appeal, which will involve consultation across a number of agencies, including the Department of Communities and Justice, and the development of options on how to establish and manage a legislated right of review or appeal against decisions, and
• to write to the NSW Ombudsman to confirm its ability to receive complaints from customers of water supply authorities, including about actions taken by these authorities under the regulation, section 37.