Victorian Numbered Acts

PUBLIC ADMINISTRATION ACT 2004 (NO 108 OF 2004) - NOTES

Act No. 108/2004

__________________

Victoria

No. 108 of 2004

Public Administration Act 2004^[†]

[Assented to 21 December 2004]

^[†]     Minister's second reading speech—

    Legislative Assembly: 16 November 2004

    Legislative Council: 7 December 2004

    The long title for the Bill for this Act was "to provide a framework for good governance in the Victorian public sector and in public administration generally in Victoria, to establish a State Services Authority, to repeal the Public Sector Management and Employment Act 1998 and the Public Sector Reform (Miscellaneous Amendments) Act 1998, to amend the Constitution Act 1975 and the Parliamentary Officers Act 1975, to make consequential amendments to certain other Acts and for other purposes."

INDEX

Subject	Section
Act
amendments to Constitution Act 1975	114
amendments to Parliamentary Officers Act 1975	118–127
amendments to this and other Acts	117, Sch. 3
commencement	2
not to apply to certain persons	106
objects	3
purpose	1
repeals	113
savings and transitional provisions	116, Sch. 2
Administrative Offices
Administrative Office Heads	4, 12, 14
definition	4
Department Heads' responsibility for	13
Orders to establish, abolish, change name of	11
See also Public service body Heads
Advisory entities See Public entities
Authority See State Services Authority
Candidates for Parliament See Parliament
Codes of conduct
applicable to directors of public entities	81, 89
contraventions	22, 63
employment powers to be in compliance with	20
matters in Authority's annual report regarding	74
preparation, issue, promotion by PSSC	63, 66
register	72
status, enforcement not affected	7
Commissioner entities See Public entities
Commissioner for Environmental Sustainability	16
Courts See Exempt bodies; Judicial employees
Damages	108
Declared authorities
application of Act to	105
declarations	104
definition	4
employees, statutory and prerogative office holders as executives	23–26, 34
Definitions	4, 22, 95, 101, 104, Sch. 1, Sch. 2
Departments
definition	4
Department Heads	4, 12–14
Orders to establish, abolish, change name of	10
See also Public service body Heads
Electoral Boundaries Commission	6
Subject	Section
Employees
definition	4
definition of public sector employees	4
employment of	20–21
misconduct	22, 33, 63
non-executive employees (def.)	4
persons with functions of public service body Head in relation to	16
probation	21
public sector employment principles	4, 8, 20, 66, 74
public service body Head's general powers, duties	15, 20
restrictions on other work	32
retirement age	20
reviews of actions regarding	64–65
termination of employment	33–35
transfers	28–31
transitional provisions and savings	116, Sch. 2
See also Executives
Essential Services Commission	16
Executives
definition, declarations	4, 23
employers of	23, 24
employment of	20, 25–26
existing employees eligible to be	26
operation of Part 3	36
right of return as non-executive employees	27
termination of employment	34–35
Exempt bodies
definition	4
detrimental action against exempt officials	107–108
Governor's office See Official Secretary
Health Services Commissioner	6
Injunctions	86
Inquiries See Special inquiries
Instruments See Register of instruments
Investigations	111
Judicial employees	7, 101–103
Legal Ombudsman	16
Members of Parliament See Parliament
Ministerial officers	98
Ministers
responsible for public entities	4, 50, 59–60, 84–87, 89, 95–97
See also Public service body Ministers
Municipal councils See Exempt bodies
Non-executive employees See Employees
Offences	107–108
Office of Police Integrity	6, 16
Office of Public Prosecutions See Exempt bodies
Official Secretary	4, 12, 29
Subject	Section
Ombudsman	6, 16
Parliament
Act not to apply to officers of	106
departments of as special bodies	6
officers of in definition of public officials	4
Parliamentary advisers	99–100
privileges of former members, candidates	115, Sch. 1
Parliamentary advisers	99–100
Parliamentary committees See Exempt bodies
Parliamentary Officers Act 1975	118–127
Police force See Victoria Police
Premier
delegation	109
powers, duties regarding
Authority	37–39, 41, 45, 73
employees	20, 30, 35
Ministerial officers	98
Parliamentary advisers	99–100
public entities	70, 92, 94
Public Sector Standards Commissioner	39
public service body Heads	12, 17, 19, 24, 29, 32, 34
register of instruments	72
reports of Authority, PSSC	74
special inquiries, reviews, systems reviews	50–52, 55–56, 59
Prerogative offices	4, 28, 30
See also Declared authorities
Prescribed offices and officers	4, 16
Privacy Commissioner	6, 16
Proceedings	87, 108, 111
PSSC See Public Sector Standards Commissioner
Public entities
accountability	85
advisory entities	4, 5, 81, 97
application, effect of Part 5	75–76
application, effect of Part 5, Division 2	77–78
application of Part 5, Division 3	88
application of Part 5, Division 4	91
Authority's role regarding standards of governance, performance, accountability	69–70
boards of	4, 81, 85
chairpersons	4, 80
Commissioner entities	4, 81, 85
compliance with whole of government policies	92
definition, declarations	4, 5
directors
appointment	85
conflicts of interest	81
contraventions of Act, codes of conduct by	86–87, 89
definition	4
duties (general)	78–79, 81
Subject	Section
policies, procedures, processes regarding	81
prohibition on loans, guarantees to	82
removal, suspension, standing down of	85, 88–90
documents required to be kept by	95–97
financial records, statements, information	81, 93
injunctions	86
meetings	81
Minister's powers, responsibilities	50, 59–60, 84–87, 89, 95–97
non-financial information provided by	81, 94
proceedings brought by	87
public entity Heads	4, 66
quasi-judicial entities	86, 89, 90, 92
register of Orders regarding	72
small entities	4, 75, 96
special inquiries	52–55
special reviews	56–59
standard entities	4, 95
sub-committees	83
subsidiaries	84
systems reviews	50–51
See also Declared authorities; Employees
Public officials
definition	4
demonstration of, adherence to public sector values	7
detrimental action against	4, 107–108
matters in Authority's annual report regarding	74
See also Codes of conduct; Employees; Public entities
Public sector
definition	4
profile in Authority's annual report	74
public sector bodies	4, 7
public sector body Heads	4, 8, 66
public sector employment principles	4, 8, 20, 66, 74
public sector values	4, 7, 20, 66, 74
transitional provisions and savings	116, Sch. 2
See also Codes of conduct; Employees; Executives; Public entities; Public service; Special bodies
Public Sector Standards Commissioner
appointment, employment of	37–39
codes of conduct issued by	63, 66
delegation	48
disclosure of information by	47
investigations, proceedings conducted by	111
performance of role 2 of Authority by	61–66
promotion of values, principles, standards by	66
review of actions regarding employees by	64–65, 74
Subject	Section
suspension, removal from office	39
standards issued by	20, 64, 66, 72, 74
validity of acts, decisions	44
Public service
definition	4
profile in Authority's annual report	74
public service bodies
definition	4
review of actions taken within	64–65
special inquiries	52–55
special reviews	56–59
systems reviews	50–51
reinstatement of MPs, unsuccessful candidates in	115, Sch. 1
structure	9
transitional provisions and savings	116, Sch. 2
See also Administrative Offices; Departments; Employees; State Services Authority
Public service body Heads
acting assignments as	19
appropriate public service body Head (def.)	4
definition	4
delegation	18
employment of	12
investigations, proceedings conducted by	111
performance reviews of	17
persons with functions of	16, 105
powers, functions, duties regarding
employment	15, 20–21, 24, 28, 32–34
employment of judicial employees	101–103
information for Authority	74
public sector values, employment principles, standards, codes of conduct	66
reviews of actions	64–65
systems reviews	50
Premier as employer of	24, 34
removal from office	34
responsibilities in general	13–14
restrictions on other work	32
termination of employment	34
transfers	29
Public service body Ministers
definition	4
delegation	109
powers, duties regarding
exercise of functions in person's absence	110
special inquiries, reviews, systems reviews	50, 55, 59, 60
Register of instruments	71–72
Regulations	22, 64, 112
Repeals	113
Subject	Section
Reviews
disclosure of information regarding	47
of actions regarding employment	64–65
of classes of public entities	70
special reviews	56–60
systems reviews	50–51
Small entities See Public entities
Special bodies
application of Part 5, Division 4 to	91
as public entities	5
definition, declarations, list	4, 6
promotion of public sector values	7
special body Heads	4, 66
special inquiries	52–55
See also Employees
Special inquiries	47, 52–55, 60
Special Investigations Monitor	16
Special reviews See Reviews
Standard entities See Public entities
Standards
employment powers to be in compliance with	20
matters in Authority's annual report regarding	74
regarding public sector employment principles	66
regarding reviews of actions	64
register	72
State Coroner's Office	6, 106
State Services Authority
acting chairperson	41, 43
annual plan	73
annual report	47, 74
chairperson	37, 40, 42–44, 46
chief executive officer	19, 41, 42
delegation	48
disclosure of information by	47
establishment	37
functions, powers (general)	45–46
meetings	43
membership	37–39
performance reviews of public service body Heads	17
reports submitted by	40, 43, 46–47, 74
resignation, removal from office	39
role 1
bodies with judicial, quasi-judicial functions	60
special inquiries	52–55
special reviews	56–59
statement of	49
systems reviews	50–51
Subject	Section
role 2	61–66
role 3	67–68
role 4	69–70
role 5	71–72
validity of acts, decisions	44
See also Public Sector Standards Commissioner
Statutory offices (def.)	4
See also Declared authorities
Systems reviews See Reviews
Teaching service
reinstatement of MPs, unsuccessful candidates in	115, Sch. 1
Transitional provisions	116, Sch. 2
Universities See Exempt bodies
Victoria Police
Act not to apply to persons under Police Regulation Act 1958	106
as special body	6
Chief Commissioner as public service body Head	16
definition	4
employment contracts of Assistant Commissioners	25
reinstatement of MPs, unsuccessful candidates in	115, Sch. 1
Victorian Auditor-General's Office	6, 16
Victorian Civil and Administrative Tribunal	6
Victorian Electoral Commission	6, 16