Agencies will be able to apply to the Government Asset Management Committee (GAMC) Senior Officer Committee (SOC) for exemptions from the proposed process to enable them to project manage their own real estate asset disposal activities. Where an exemption is not considered appropriate, it will be referred to the GAMC for review.

Where agencies deal with real property as a core business activity applications for an exemption from the provisions of Premiers Memorandum 2003-3 will be considered on an agency basis.

For those agencies where real property dealings are not part of core business activities applications for an exemption will be considered for individual agency personnel.

Generally, agency staff must be able to demonstrate competence in the project management of real estate asset disposals, including joint venture and leasehold disposal activities. For exemptions to be granted (and renewed) agencies will have to prove that they have regular dealings in this specialised area and that individual full time staff have continuing practice in all aspects of real estate asset disposals.

The following criteria will need to be addressed in any application for an exemption:

Agency exemption requests

• Demonstrate, by referring to relevant legislation/agency charter, that the disposal of real estate assets and/or dealings in real property form part of an agency’s core business activities.

Individual agency personnel exemption requests:

• Must be supported by the agency concerned;
• Nominate the personnel dedicated to full time real property disposal activities;
• Include details of the range of disposal projects undertaken by individual staff members during a two year period prior to the date of the exemption request, including but not limited to project timeframe, location, appropriate site analysis and investigations, sale methodology, financial outcomes achieved against valuation advice, joint venture and leasehold arrangements (where appropriate); and
• Identify whole-of-government benefits realised in the disposal of property, including but not limited to inter-agency transfers, environmental and heritage protection, urban consolidation, open space opportunities realised, change in land use to achieve wider government objectives, resolution of contaminated land issues.

Agencies that do not qualify for an exemption, either on an agency basis or for individual agency personnel, will be required to utilise the services of the disposal agency¹ nominated by the GAMC as part of the Property Disposal Plan review process.

Personal exemptions will be reviewed biannually or immediately the exempted staff member leaves. Personal exemptions are not transferable agency to agency, therefore individual staff will need to reapply for an exemption with the support of the new agency.

Exemptions may be granted for particular types or categories of disposals, dependent on the specific operational needs of the agency.

Exemption requests should be directed to:

GAMC Secretariat,
Level 26 Governor Macquarie Tower,
1 Farrer Place, Sydney

Email gamc.secretariat@dpws.nsw.gov.au.

¹Another appropriate government agency, as agreed by the GAMC, with expertise in government property disposals.