Background
For several months, Legal Aid NSW (LANSW) has advised the PSA that a “HR Transformation” was underway. The PSA rejects this corporate language. At its core, this is a restructure that involves the deletion of positions and the loss of jobs, with real consequences for affected workers and their families.
Throughout the restructure process, information from LANSW has been limited and inconsistent. At the last Peak Consultative Committee (PCC) meeting on 22 June 2026, LANSW had advised that the restructure was currently “paused”.
Against that background, the PSA was blindsided, along with members working in HR, when we learned a month later that a staff announcement had been made on 23 July 2026.
A public sector restructure process has clear and inalienable consultation requirements requiring the direct and active involvement of the PSA.
Those consultation rights are enshrined in several formal instruments including: a 2002 Memorandum of Understanding between the PSA and Legal Aid NSW, the M2025-07 NSW Government Consultative Arrangements Policy, the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009, and the Work Health and Safety Act 2011 (NSW) and its associated Regulations.
When it comes to restructures and workplace change at Legal Aid, the PSA has a view that best practice in co-operative industrial relations requires that the union be briefed before staff announcements are made, particularly where proposed changes have significant implications for employees.
This advance briefing would allow the PSA to understand the proposed workplace changes and their impact on members.
Disappointingly, LANSW deviated from this cooperative approach during the HR Restructure. The PSA was notified of the announcement on the same day that affected staff were advised at a Town Hall meeting.
Without the benefit of advance consultation, the PSA was unable to prepare for the immediate influx of enquiries from members, many of whom contacted us in considerable emotional distress following the announcement.
Recent developments
A meeting was convened between LANSW and the PSA to discuss concerns about the consultation process surrounding the HR Restructure. By this stage, the PSA had received extensive feedback from members, including questions, observations, and concerns about how the restructure was being conducted. A copy of the questions to management can be found HERE.
A key concern was the compressed consultation timeframe. Given that the HR Restructure had been in development for a period of months, the PSA questioned the need for such a rapid implementation schedule. Members expressed concerns that the limited consultation period restricted the ability of affected staff and the PSA to fully engage with the process.
The PSA met with senior Legal Aid management on 28 July 2026. During the meeting, the PSA sought to address what it viewed as a failure to adequately consult. However, discussions proved frustrating and ultimately unproductive. The PSA concluded that further progress was unlikely and brought the meeting to a close.
Following the meeting, the PSA contacted the CEO, to raise its concerns about the meeting with management, the consultation process, and the HR Restructure more broadly. Unfortunately, the CEO declined to intervene.
On 30 July 2026, LANSW advised the PSA that the consultation period for the HR Restructure would be extended to 20 August 2026 which only occurred after the union intervened.
The PSA welcomes this development. However, the union has advised LANSW that the extension does not fully address all elements of the failure to consult.
What’s next?
As previously noted, the PSA has been receiving feedback from members and has raised those issues directly with LANSW management. LANSW has now provided a written response to the questions put forward by the PSA on members’ behalf. You can view that response HERE.
Given the significant impact the HR Restructure is having on affected staff, the PSA will be holding a videoconference meeting for members to discuss recent developments, hear member views and consider next steps. The meeting details are set out below.
The PSA wants to hear directly from you about the issues arising from the restructure and the consultation process.
The meeting is open to all affected HR Staff.
Staff who are not union members are welcome to attend and observe the discussion. However, any votes relating to industrial strategy, including potential work bans or other union actions, will be restricted to PSA members in accordance with the union’s rules.
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Meeting details
Date Wednesday, 5 August 2026
Time 17:00 pm
Join meeting HERE
Meeting ID 489 417 872 722 815
Passcode G35ck2uq
Contacts
Sally Deans Legal Aid DC Chair
Anthony Wright PSA Industrial Officer