Victorian Numbered Acts Victorian Numbered Acts(1) In this Act—
"action" includes a refusal or failure to take an action;
"Administrative Office" means a body or group existing as an Administrative Office in relation to a Department by virtue of an Order made under section 11;
"Administrative Office Head" means a person employed as an Administrative Office Head under section 12;
"advisory entity" means a public entity that does not have any function to exercise other than the provision of advice or a report to any person or body;
"appropriate public service body Head" means—
(a) in relation to a public service body—the public service body Head; or
(b) in relation to an employee—the Head of the public service body to which that employee belongs;
"Authority" means State Services Authority;
"board" , in relation to a public entity, means—
(a) in the case of a public entity that has a governing body (by whatever name called), that governing body; and
(b) in any other case, the members of the public entity or, in the case of a Commissioner entity, the person who comprises the Commissioner entity;
"chairperson" , in relation to a public entity other than a Commissioner entity, means the person who presides at meetings of the public entity or, in the case of a public entity that has a governing body, at meetings of that governing body;
"code of conduct" means a code of conduct issued under section 63 ;
"Commissioner entity" means a public entity that consists of, or the governing body of which consists of, only one person;
"declared authority" means an authority specified in an Order made under section 104(2)(a);
"Department" means a Department existing by virtue of an Order made under section 10;
"Department Head" means a person employed as a Department Head under section 12;
"detrimental action" includes—
(a) action causing injury, loss or damage; and
(b) intimidation or harassment;
"director" , in relation to a public entity, means a member of the board of the public entity;
"employee" means a person employed under Part 3 in any capacity and includes a public service body Head;
"executive" means a person employed under Part 3 as a public service body Head or other executive;
"exempt body" means—
(a) a committee established under the Parliamentary Committees Act 2003 ; or
(b) a Council within the meaning of the Local Government Act 1989 ; or
(c) a court; or
(d) the Office of Public Prosecutions or the Committee for Public Prosecutions; or
(e) a university within the meaning of the Tertiary Education Act 1993 ; or
(f) a body to which, or to the governing body of which, the government of another jurisdiction, or a person appointed or body established under the law of another jurisdiction, has the right to appoint a member, irrespective of how that right arises;
"exempt body official" means—
(a) a person employed by an exempt body; or
(b) the holder of an office in, or on the governing body of, an exempt body;
"non-executive employee" means a person employed under Part 3 other than as an executive;
"Official Secretary" means the Head of the Administrative Office referred to in section 12(3);
"prerogative office" means an office under the Crown (other than a statutory office) to which the right to appoint is vested in the Governor in Council;
"prescribed office" means an office specified in section 16(1) ;
"prescribed officer" means an office-holder specified in section 16(1) ;
"public entity" has the meaning given in section 5;
"public entity Head" means chief executive officer (by whatever name called) of a public entity;
"public official" means—
(a) a public sector employee;
(b) a person employed under Division 3 of Part 6;
(c) an officer of the Parliament within the meaning of the Parliamentary Officers Act 1975 ;
(d) the holder of a statutory office
or a prerogative office;
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(e) a director of a public entity—
but does not include—
(f) the Governor or the Lieutenant-Governor;
(g) a judge, a magistrate, a coroner appointed under the Coroners Act 1985 or a member of VCAT;
(h) a responsible Minister of the Crown or a Parliamentary Secretary;
(i) the President of the Legislative Council or the Speaker of the Legislative Assembly;
(j) a Ministerial officer employed under Division 1 of Part 6;
"public sector" means the sector that comprises—
(a) the public service; and
(b) public entities; and
(c) special bodies;
"public sector body" means—
(a) a public service body; or
(b) a public entity; or
(c) a special body;
"public sector body Head" means—
(a) in relation to a public service body, the public service body Head;
(b) in relation to a public entity, the public entity Head;
(c) in relation to a special body, the special body Head;
"public sector employee" means—
(a) an employee; or
(b) a person employed by a public entity or special body;
"public sector employment principles" means the principles set out in section 8;
"public sector values" means the values set out in section 7 ;
"public service" means the public service of Victoria under Part 3;
"public service body" means—
(a) a Department; or
(b) an Administrative Office; or
(c) the State Services Authority;
"public service body Head" means—
(a) in relation to a Department—the Head of that Department; or
(b) in relation to an Administrative Office—the Head of that Administrative Office; or
(c) in relation to the State Services Authority—the chief executive officer of that Authority;
"public service body Minister" means—
(a) in relation to a public service body—the Minister responsible for the public service body; or
(b) in relation to an employee—the Minister responsible for the public service body to which the employee belongs;
"small entity" means a public entity that—
(a) satisfies any criteria relating to assets, income or turnover prescribed for the purposes of this paragraph; or
(b) has no control over the expenditure of public funds—
but does not include a public entity, or a class of public entity, that is declared under section 75(c) not to be a small entity for the purposes of Part 5;
"special body" has the meaning given in section 6;
"special body Head" means chief executive officer (by whatever name called) of a special body;
"standard" means standard issued under section 64(5) or 66(2);
"standard entity" means a public entity other than—
(a) an advisory entity; or
(b) a Commissioner entity; or
(c) except in section 95, a public entity that exercises functions that are of a quasi-judicial nature; or
(d) a small entity;
"statutory office" means an office established by or under an Act to which the right to appoint is vested in the Governor in Council or a Minister;
"Victoria Police" has the same meaning as "the force" has in the Police Regulation Act 1958 .
(2) In this Act—
(a) a reference to a function includes a reference to a power, authority and duty; and
(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
(3) A reference in this Act to the Minister responsible for a public service body or a public entity is a reference to the Minister responsible for the relevant part of that body or entity if, for the time being, different Ministers are responsible for different parts of that body or entity.