The constitutional arrangements in place for New South Wales are governed by the following Acts of New South Wales, the Commonwealth and the United Kingdom:

• Constitution Act 1902
• Commonwealth Constitution (which was originally set out in section 9 of the Commonwealth of Australia Constitution Act (UK))
• the Australia Acts (which are the Australia Act 1986 (Cth) and Australia Act 1986 (UK))
• Statute of Westminster 1931 (UK)
• Imperial Acts Application Act 1969
• Succession to the Crown Act 2015 (Cth)

The Constitution Act 1902 (NSW) provides for the following essential features of the system of government for New South Wales:

• a Parliament of New South Wales constituted by the Queen and 2 Houses (the Legislative Assembly and Legislative Council) with power to make laws for the peace, welfare, and good government of New South Wales
• 4-year fixed term for Parliaments
• a Governor of New South Wales to exercise the powers of the Queen in relation to New South Wales
• an Executive Council, Ministers and Parliamentary Secretaries (including provisions for administrative arrangements concerning the allocation of Acts and portfolios among them)
• a Consolidated Fund into which all public money must be paid unless an Act provides differently, with appropriations from that Fund requiring the authorisation of an Act
• the maintenance of a system of local government
• provisions to ensure that certain laws cannot be made unless they have been approved at a referendum (including laws seeking to abolish the Legislative Council or change how the Houses of Parliament are elected)
• provisions to resolve deadlocks between the Houses of Parliament over Bills
• provisions to ensure that Judges of courts (including the Supreme Court) cannot be removed from office by the Governor unless it is on an address from both Houses of Parliament, in the same session of Parliament, seeking removal on the ground of proved misbehaviour or incapacity.

The Commonwealth Constitution established a federation on 1 January 1901 consisting of the Commonwealth and the States.

In relation to the Commonwealth, the Commonwealth Constitution provides for the following:

• a Commonwealth Parliament constituted by the Queen and 2 Houses (a House of Representatives and a Senate) with legislative powers over specified matters
• a Governor-General to represent the Queen and exercise her powers in relation to the Commonwealth
• a Federal Executive Council and Ministers
• the High Court of Australia and such other federal courts as the Commonwealth Parliament may establish.

In relation to the States, the Commonwealth Constitution provided for the former colonies (including New South Wales) to become States and preserved their existing laws and constitutions. The Commonwealth Constitution also created some limitations on the power of State Parliaments to make laws, including the following:

• a State cannot make laws that apply to the seat of government of the Commonwealth or places acquired by the Commonwealth for public purposes
• a State cannot impose customs or excise duties
• a State cannot coin money
• a State law cannot discriminate against Australian citizens resident in other States
• a State law cannot discriminate against interstate trade, commerce or intercourse
• a State cannot raise or maintain a naval or military force without the consent of the Commonwealth Parliament
• a State cannot impose a tax on Commonwealth property
• a Commonwealth law prevails over an inconsistent State law.

The Australia Act 1986 (Cth) and Australia Act 1986 (UK) were enacted in virtually identical terms at the request of each of the States. The principal purposes of the Acts were:

• to terminate the power of the United Kingdom Parliament to make legislation for a State
• to remove restrictions on the power of a State Parliament to legislate extra-territorially or repeal laws of the United Kingdom
• to provide for the Governor of a State to be the representative of the Queen in relation to the State
• to require the Queen to exercise her powers (including the power to appoint or remove a Governor) only on the advice of the Premier of the State
• to abolish appeals from State courts to the Judicial Committee of the Privy Council in London.

The Statute of Westminster 1931 (UK) enabled the Commonwealth Parliament to legislate extra-territorially and to repeal laws of the United Kingdom if the Parliament had power to do so under a head of power set out in the Commonwealth Constitution.

The Statute also made it clear that it did not give power to the Commonwealth Parliament to amend the Commonwealth Constitution except as provided by the Constitution or to make laws within the authority of the States unless it was authorised by the Constitution.

The Australia Acts prevent the amendment or repeal of the Statute by the Commonwealth unless it has been requested by all of the States.

The Imperial Acts Application Act 1969 (NSW) provided for the continuation in force of certain English or British Acts, and the repeal of other English or British Acts, in their application to New South Wales. It also reproduced certain provisions of some of the Acts that were repealed with continuing relevance for New South Wales.

In particular, certain Acts (called constitutional enactments) set out in Part 1 of the Second Schedule to the Act were preserved, including Magna Carta, the Bill of Rights of 1688 and certain Acts relating to the succession of the Crown.

The Succession to the Crown Act 2015 (Cth) was enacted at the request of each of the States and mirrors legislation in other countries (including the United Kingdom) that have the Queen as Head of State. The principal object of the Act was to provide that succession to the Crown was not to be determined by reference to the sex of a person. As a result, the first child (whether male or female) of the monarch will be first in line to the throne.

The Act also amended or repealed some of the English or British Acts (including some preserved by the Imperial Acts Application Act 1969 (NSW)) relating to succession to the Crown in their application to Australia and its States.

The legislation of New South Wales is generally drafted by the NSW Parliamentary Counsel's Office, which also maintains this website.

Although the Parliamentary Counsel's Office chooses the words used in legislation, it does not choose the policy that is being implemented and is not involved in how it is administered.

Questions about the policy contained in legislation or its administration should be raised directly with the relevant Government Department (in the case of Acts of Parliament and legislation made by the Governor) or the person or body that makes the legislation (in other cases). The Parliamentary Counsel's Office cannot assist you with these questions.

There are 3 main types of legislation made in New South Wales:

• Acts of Parliament
• Subordinate legislation
• Environmental planning instruments

An Act of Parliament (sometimes called a Statute) is a law that has been:

• passed by both Houses of the Parliament of New South Wales (that is, the Legislative Assembly and Legislative Council), and
• assented to by the Governor on behalf of the Queen.

An Act commences life as a proposed Act (called a Bill), which is introduced and debated in both Houses of Parliament. A Bill is sometimes amended by a House of Parliament during its passage.

There are 2 kinds of Bills:

• A Government Bill is a Bill that is introduced into Parliament on behalf of the Government by a Minister or Parliamentary Secretary
• A Non-Government Bill is a Bill introduced into Parliament by a Member of Parliament in his or her capacity as a Member (and not on behalf of the Government, although sometimes on behalf of an opposition party)

Each House of Parliament has a special procedure (governed by its own standing or sessional rules and orders) for how a Bill should be introduced, debated, amended and passed. The website for the Parliament of NSW contains further information about these special procedures.

A Bill that is passed by both Houses of Parliament must be signed by the Governor (which is called giving assent or the Royal assent) to become an Act. When the Governor assents to an Act, it is said to have been enacted.

The commencement of a new Act will depend on the commencement section (usually section 2). It may be the date of assent, a later day specified in the commencement section or a day that is left to be appointed by the Governor by a future proclamation.

Subordinate legislation is law made under the authority of a power conferred by an Act of Parliament. On this website, subordinate legislation is simply listed under, or referred as, regulations even though it includes other types of instruments.

Acts often confer the authority to make subordinate legislation on the Governor. However, Acts sometimes confer the authority on other persons or bodies (for example, Ministers, courts and tribunals and public officials).

The most common example of subordinate legislation is a statutory rule. Section 21 (1) of the Interpretation Act 1987 defines a statutory rule to be:

• a regulation, by-law, rule or ordinance made by the Governor, or
• a regulation, by-law, rule or ordinance made by another person or body that must be approved or confirmed by the Governor (for example, a University by-law made under section 36 of the University of Sydney Act 1989 ), or
• a rule of court (which is a rule made by the person or body having power to make rules regulating the practice and procedure of a court or tribunal).

However, the Governor no longer makes ordinances.

Part 6 of the Interpretation Act 1987 provides that written notice of the making of a statutory rule must be tabled before each House of Parliament within 14 sitting days after it is published on the NSW legislation website (that is, this website). Either House of Parliament may pass a resolution that disallows a statutory rule at any time after it is published. However, notice of a resolution to disallow a statutory rule must be given no later than 15 days after the written notice of its making is tabled.

A statutory rule can be disallowed even if only one House of Parliament passes a disallowance resolution. The disallowance of a statutory rule operates to repeal it and to reinstate the legislation in force before the changes made by the statutory rule. Also, section 8 of the Subordinate Legislation Act 1989 prevents the remaking of a disallowed statutory rule (in substantially the same terms) for 4 months.

Examples of other kinds of subordinate legislation include (but are not limited to) the following:

• proclamations made by the Governor that commence provisions of Acts,
• proclamations made by the Governor that alter local council areas or amalgamate them under the Local Government Act 1993,
• rules made by the Legal Profession Admission Board concerning the admission of lawyers,
• water sharing plans made by order under the Water Management Act 2000,
• proclamations, orders, notices or other instruments that operate to amend an Act (see, for example, final determinations under the Biodiversity Conservation Act 2016 ).

Subordinate legislation that is not a statutory rule cannot be disallowed by Parliament unless the Act under which it is made expressly provides for it. See, for example, section 26 of the Marine Estate Management Act 2014, which provides that proclamations under that section can be disallowed in the same way as statutory rules.

All statutory rules must be published on this website before they can take effect. Other subordinate legislation will usually be required to be published in either the Gazette or on this website by the Act under which it is made.

Environmental planning instruments (sometimes called "EPIs") are local environmental plans ("LEPs") and State environmental planning policies ("SEPPs") that are made under the Environmental Planning and Assessment Act 1979. Environmental planning instruments, unlike statutory rules, cannot be disallowed by Parliament.

Although they are made under the authority of an Act, environmental planning instruments are treated as being a distinct category of legislation separate from other subordinate legislation.

Local environmental plans are made for particular local government areas. They are made either by the Greater Sydney Commission (if it relates to land in the Greater Sydney Region under the Greater Sydney Commission Act 2015) or the Minister for Planning (if it relates to other land). They may also be made by a delegate of the Commission or the Minister.

New local environmental plans usually adopt certain provisions specified by the Standard Instrument (Local Environmental Plans) Order 2006 made by the Governor under section 33A of the Environmental Planning and Assessment Act 1979.

State environmental planning policies are made for either the whole of the State or special areas of the State. They are all made by the Governor.

All environmental planning instruments and amendments to the Standard Instrument (Local Environmental Plans) Order 2006 must be published on this website before they can take effect.