Simon Mumford
27 October 2023, 5:39 AM
This afternoon, it was announced that the NRRC (Northern Rivers Reconstruction Authority) will be no more next Tuesday.
In a letter sent out to suppliers, it stated that "Effective Tuesday 31 October 2023, the NRRC will be dissolved and its assets, rights and liabilities transferred to the NSW Reconstruction Authority (RA).
"With this transition, the focus on flood recovery and reconstruction in the Northern Rivers continues, now strengthened by the scope, capabilities, and capacity of the RA."
The dissolution will mean a minimal disruption or impact to the NRRCs partners and suppliers.
A number of Q&As were outlined in the letter:
What will happen on 31 October 2023?
The NRRC will be dissolved and therefore cease to exist as a legal entity. All of its assets, rights and liabilities will be transferred to the RA, including any assets, rights and liabilities the NRRC has in relation to the Contract.
Do I need to do anything?
The transfer will take place by statutory instrument. You don’t need to sign any documents or do anything else to affect the transfer.
From 31 October 2023, new invoices will need to refer to the “NSW Reconstruction Authority (formerly the Northern Rivers Reconstruction Corporation)”. The NRRC’s ABN (19 438 788 272) will continue to be used for a transition period and we'll notify you when to update your business records.
If the NRRC has an obligation to pay under the Contract before 31 October 2023, is the RA obliged to pay after 31 October 2023?
Yes. All of the NRRC’s liabilities under the Contract will be transferred to the RA. This means that any amounts owed by the NRRC before the dissolution will be owed by the RA on and from 31 October 2023.
What about other claims or disputes under the Contract?
Any act or matter in relation to a Contract with the NRRC is taken to have been done (or not done) by the RA. For example, any representation made to you by NRRC in relation to a Contract before 31 October 2023 is taken to be a representation made by the RA after 31 October 2023.
Any proceedings relating to the Contract commenced by or against the NRRC before 31 October 2023 are taken to be proceedings by or against the RA.
The Contract has an assignment provision that requires consent prior to transfer. Does that apply?
No. The transfer of the Contract takes effect under the Growth Centres (Development Corporations) Savings and Transitional Amendment Regulation 2023 (Regulation). The transfer is not a breach of contract or of any contractual provision prohibiting, restricting, or regulating the assignment of the Contract.
What if I have more questions?
For further information please refer to the Reconstruction Authority website https://www.nsw.gov.au/northern-rivers-reconstruction-corporation or email info@reconstruction.nsw.gov.au.
Member Lismore Janelle Saffin told the Lismore App there will be a person appointed to look after the Northern Rivers flood recovery. This person will be announced soon.