Victorian Current Acts

PUBLIC ADMINISTRATION ACT 2004

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Objects  
   4.      Definitions  
   5.      What are public entities?  
   6.      What are special bodies?  

   PART 2--PUBLIC SECTOR VALUES AND EMPLOYMENT PRINCIPLES

   7.      Public sector values  
   8.      Public sector employment principles  

   PART 3--PUBLIC SERVICE EMPLOYMENT

           Division 1--Structure

   9.      The public service  

           Division 2--Public service bodies

   10.     Departments  
   11.     Administrative Offices  

           Division 3--Public service body Heads

   12.     Public service body Heads  
   13.     General responsibility of Department Heads  
   13A.    Responsibility of Department Heads—public entities  
   14.     Responsibility of Administrative Office Heads  
   15.     Duty to act independently in employment matters  
   16.     Persons with functions of public service body Head  
   17.     Performance review of public service body Heads  
   18.     Delegation  
   19.     Acting assignment as public service body Head  

           Division 4--Employees

   20.     Employment and retirement  
   22.     Dealing with unsatisfactory performance, misconduct and serious misconduct  

           Division 5--Executives

   23.     Who are executives for the purposes of this Division?  
   24.     Who are employers for the purposes of this Division?  
   25.     Executive employment governed by contract  
   25A.    Remuneration of executives  
   26.     Contracts and existing employees  
   27.     Right of return  

           Division 6--Mobility of employees

   28.     Transfer directed by public service body Head or public entity  
   29.     Transfer of public service body Head to other duties  
   30.     Machinery of government transfers  
   31.     Transfer does not affect employment continuity  
   31A.    Assignment of duties to employees  
   31B.    Continuity of certain entitlements of former public sector employee  

           Division 7--Restriction on employees doing other work

   32.     Restriction on employees doing other work  

           Division 8--Termination

   33.     Termination of employment (non-executives)  
   34.     Termination of employment (executives)  
   35.     No compensation on termination of employment, etc.  

           Division 9--General

   36.     Operation of Part  

   PART 3A--ADMINISTRATIVE GUIDELINES

   36A.    Administrative guidelines  

   PART 4--VICTORIAN PUBLIC SECTOR COMMISSION

           Division 1--The Commission

   37.     Establishment of Commission  
   38.     Objectives of Commission  
   39.     Functions of Commission—public sector efficiency, effectiveness and capability  
   40.     Functions of Commission—public sector professionalism and integrity  
   41.     Powers of Commission  
   42.     Obligations of public sector bodies  

           Division 2--Victorian Public Sector Commissioner

   43.     Appointment of Commissioner  
   44.     Terms and conditions of appointment  
   45.     Vacancy and resignation  
   46.     Removal from office  
   47.     Acting Commissioner  
   48.     Functions of Commissioner  
   49.     Delegation  
   50.     Conflict of interest  
   51.     Staff  

           Division 3--Advisory Board

   52.     Establishment and constitution of Advisory Board  
   53.     Appointment of members of Advisory Board  
   54.     Role and functions of Advisory Board  
   55.     Meetings and procedures of Advisory Board  

           Division 4--Inquiries

   56.     Inquiries  
   57.     Manner of conducting inquiries  
   58.     Evidence and representation  
   59.     Reports of inquiries  
   60.     Bodies with judicial or quasi-judicial functions  
   60A.    Royal Commissions, Boards of Inquiry and Formal Reviews  

           Division 4A--Ancillary provisions for inquiries

   60B.    Definitions  
   60C.    Power to compel production of documents and other things or attendance of witness  
   60D.    Service of notice to produce or notice to attend  
   60E.    Offence to fail to comply with a notice to produce or attend  
   60F.    Offence to fail to take oath, make affirmation or answer question  
   60G.    Statutory secrecy and confidentiality provisions  
   60H.    Protection of participants  
   60I.    Practice directions, statements and notes  

           Division 5--Maintaining public sector professionalism and integrity

   61.     Codes of conduct  
   62.     Standards concerning public sector employment principles  
   63.     Oversight of compliance with public sector values, codes of conduct, public sector employment principles and standards  
   64.     Review of actions  
   65.     Recommendations following review  
   66.     Register of lobbyists  
   67.     Register of instruments  

           Division 6--Annual plan, strategic plan and annual report

   68.     Annual plan  
   69.     Strategic plan  
   70.     Annual report  

           Division 7--Application of other Acts

   71.     Application of Freedom of Information Act 1982  
   72.     Application of Part 7A of Financial Management Act 1994  

           Division 8--The Commission and the IBAC

   73.     Mandatory notification of corrupt conduct to IBAC  
   74.     Consultation prior to notification  
   74A.    Communication of information to the IBAC  
   74B.    Commission not to prejudice investigations of the IBAC  

   PART 5--OPERATION OF PUBLIC ENTITIES

           Division 1--Preliminary

   75.     Application of Part  
   76.     This Part to prevail  

           Division 2--Governance principles

   77.     Application of Division  
   78.     Other duties not affected  
   79.     Duties of directors  
   80.     Duties of chairperson  
   81.     Duties of entity  
   82.     Public entity not to make loans to directors  
   83.     Sub-committees  
   84.     Subsidiaries  
   85.     Accountability  
   86.     Injunctions  
   87.     Public entity or Minister may bring proceedings  

           Division 3--Removal, suspension or standing down of directors

   88.     Application of Division  
   89.     Power to remove or suspend directors  
   90.     Standing down of director of quasi-judicial entity  

           Division 4--General

   91.     Application of Division  
   92.     Power to make public entities subject to specified whole of government policies  
   93.     Requirement to provide financial information  
   94.     Requirement to provide non-financial information  
   95.     Documents required to be kept by standard entities  
   96.     Documents required to be kept by small entities  
   97.     Documents required to be kept by advisory entities  

   PART 5A--COMMUNICATION AND ADVERTISING BY PUBLIC SECTOR BODIES

   97A.    Objects of this Part  
   97B.    Purpose for publication of public sector communication to be in public interest  
   97C.    Public sector communication standards  
   97D.    Advertising public sector communication on television  
   97E.    Advertising standards and advertising requirements for public sector communication generally  

   PART 6--EMPLOYMENT OF MINISTERIAL OFFICERS, PARLIAMENTARY ADVISERS AND JUDICIAL EMPLOYEES

           Division 1--Ministerial officers

   98.     Employment of Ministerial officers  
   98A.    Continuity of certain entitlements of former Ministerial officer  

           Division 2--Parliamentary advisers

   99.     Employment of Parliamentary advisers  
   99A.    Continuity of certain entitlements of former Parliamentary adviser  
   100.    Delegation  

           Division 3--Judicial employees

   101.    Judicial employees  
   102.    Employment of judicial employees  
   103.    Termination of employment as judicial employee  

   PART 7--DECLARED AUTHORITIES

   104.    What are declared authorities?  
   105.    Application of Act to declared authorities  

   PART 7A--EMPLOYER POWERS IN EMERGENCY SITUATIONS

   105A.   Declaration of emergency situation  
   105B.   Period of operation of declaration  
   105C.   Variation, extension or revocation of declaration  
   105D.   Report to Parliament  
   105E.   Powers of public sector body Heads in emergency situations  

   PART 8--MISCELLANEOUS

   106.    Act not to apply to certain persons  
   107.    Protection from reprisal  
   108.    Proceedings for damages for reprisal  
   109.    Delegation by Premier and public service body Minister  
   110.    Exercise of functions in person's absence  
   112.    Regulations  
   115.     Privileges of former members of Parliament and unsuccessful Parliamentary candidates  
   115A.   Salary sacrifice by office holders  
   116.    Saving and transitional provisions  
   117.    Transitional provision—repeal of Subdivision 5A of Division 2 of Part 4  
   118.    Savings and transitional provisions—Public Administration Amendment (Public Sector Improvement) Act 2014  
   119.    Transitional provision—Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019  
           SCHEDULE 1
           SCHEDULE 1A
           SCHEDULE 2
           SCHEDULE 3
           ENDNOTES