Dissolution of Roads and Maritime Services and transfer of functions, assets, rights and liabilities to Transport for NSW

28/11/2019

In April 2019 the State Government announced changes to the NSW public sector. These changes included the transfer of Roads and Maritime Services (RMS) functions into Transport for NSW.

To facilitate this change, the Transport Administration Amendment (RMS Dissolution) Act 2019 (the Act) has been passed by the NSW Parliament. The relevant provisions affecting RMS will commence on 1 December 2019.

The Association has been advised by Transport for NSW that the Act dissolves RMS and transfers all of its functions, assets, rights (including immunities) and liabilities to Transport for NSW with effect from 1 December 2019. As at that date, RMS will cease to exist as a legal entity. In addition, Transport for NSW has advised that:

• Everything done by RMS prior to 1 December 2019 will be taken to have been done by Transport for NSW;
• A reference in any Act, instrument made under any Act, or document of any kind to RMS is to be construed as a reference to Transport for NSW;
• Any civil or other proceedings commenced by RMS but not completed before its dissolution are taken to have been commenced by or on behalf of Transport for NSW;
• Transport for NSW will be substituted for RMS in other proceedings to which RMS is a party;
• Prosecutions commenced under the ‘common informer’ provisions of s 14 Criminal Procedure Act 1986 will be unaffected by the Act. RMS staff members who currently commence prosecutions in relation to breaches of roads and maritime legislation will continue to do so in their capacity as public officers of Transport for NSW. Internal agency employment records may be used to demonstrate that an informer is acting in a public capacity and will refer to Transport for NSW rather than RMS.

Transport for NSW has also advised that:

• Websites, letterheads and email addresses will change in a staged process following 1 December 2019.
• The current points of contact should remain, until further notice.