During the election campaign, Mr Foley announced that if Ms McKay was elected she would be handed planning, after her appearance at last year's Independent Commission Against Corruption hearings into political donations.

It emerged Ms McKay rebuffed an alleged bribe before the 2011 election when she was the member for Newcastle.

"I want every fly-by-nighter and lurk merchant to know not to bother, because this incorruptible woman ... will be on the planning beat," Mr Foley said.

But Mr Foley is expected to announce on Thursday that Ms McKay will be responsible for justice and police as well as roads, maritime and freight.

Former transport spokeswoman Penny Sharpe - who failed to win the seat of Newtown but is set to be parachuted by Labor back into the upper house - will take on planning, environment and heritage instead.

Mr Foley, who was previously Labor spokesman for the environment and infrastructure, will instead take on arts and racing and retain western Sydney.

Deputy Labor leader Linda Burney becomes spokeswoman for education and Aboriginal affairs, while leader of the opposition in the upper house Adam Searle takes on industry, resources and energy as well as industrial relations.

Deputy leader in the upper house, Walt Secord, retains health and north coast.

Keira MP Ryan Park moves from education to transport and infrastructure and keeps the Illawarra, while Liverpool MP Paul Lynch keeps attorney-general. Maroubra MP Michael Daley remains shadow Treasurer.

Bankstown MP Tania Mihailuk takes family and community services, Sophie Cotsis ageing and disabilities, Peter Primrose local government, Fairfield MP Guy Zangari trade, tourism and major events and Mick Veitch primary industries, lands and water.

Apart from Ms McKay, Wyong MP David Harris comes into the shadow cabinet as spokesman for regional development, skills, small business and the central coast and Cessnock MP Clayton Barr takes on finance, services and property.

Charlestown MP Jodie Harrison enters shadow cabinet with responsibility for women, prevention of domestic violence and sexual assault, early childhood education and the Hunter.

Heffron MP Ron Hoenig and Wallsend MP Sonia Hornery have been dumped.

Mr Foley is also expected to announce six new MPs and one previous MP - Newcastle's Tim Crakanthorp - as parliamentary secretaries to the shadow cabinet.

The new MPs are Prue Car (Londonderry), Yasmin Catley (Swansea) Anoulack Chanthivong (Macquarie Fields), Jihad Dib (Lakemba), Jo Haylen (Summer Hill) and Kate Washington (Port Stephens).

On Wednesday, Mr Foley welcomed 20 new Labor MPs to the party's ranks.

"This government will be held to account by you and by the enlarged Labor team in this Parliament," Mr Foley said.

"All of you campaigned for so long and so hard, I'm proud of all of you taking the fight to a first-term government with a popular premier in your communities, and winning seats back off the Liberals."

Labor won a 9 per cent statewide swing and gained 14 lower house seats, giving it 34 seats to the Coalition's 54. Labor is expected to finish with seven upper house spots.

Three outstanding lower house seats were declared on Wednesday.

Liberal candidate Glen Brookes won narrowly in East Hills, Labor's Kathy Smith defeated Liberal MP Chris Holstein in Gosford by a 0.23 per cent margin, and Nationals MP Thomas George held off a strong challenge from the Greens in Lismore.

"This government will be a better government because we have a stronger and more energetic opposition than we were able to muster after our very heavy defeat in 2011," Mr Foley said.

"We have, thanks to the people of NSW, unambiguously put the past behind us."