(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; s. 4 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; S. 4(1) def. of corrupt conduct inserted by No. 82/2012 s. 177, amended by No. 82/2012 s. 317(a). corrupt conduct has the meaning given in section 4 of the Independent Broad-based Anti-corruption Commission Act 2011; 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;
S. 4(1) def. of IBAC inserted by No. 82/2012 s. 177, amended by No. 82/2012 s. 317(b). IBAC means the Independent Broad-based Commission established under section 12 of the Independent Broad-based Anti-corruption Commission Act 2011; S. 4(1) def. of IBAC personnel inserted by No. 82/2012 s. 177. IBAC personnel has the same meaning as it has in the Victorian Inspectorate Act 2011; S. 4(1) def. of misconduct inserted by No. 27/2009 s. 3. misconduct includes— (a) a contravention of a provision of this Act, the regulations or a binding code of conduct; (b) improper conduct in an official capacity; (c) a contravention, without reasonable excuse, of a lawful direction given to the employee as an employee by a person authorised (whether under this Act or otherwise) to give the direction; (d) a refusal by an employee to perform duties assigned to the employee under Part 3 or Part 7A; (e) an employee making improper use of his or her position for personal gain; s. 4 (f) an employee making improper use of information acquired by him or her by virtue of his or her position to gain personally or for anyone else financial or other benefits or to cause detriment to the public service or the public sector;
(i) making decisions and providing advice on merit and without bias, caprice, favouritism or self-interest; and (ii) acting fairly by objectively considering all relevant facts and fair criteria; and (iii) implementing Government policies and programs equitably; (d) accountability—public officials should demonstrate accountability by— (i) working to clear objectives in a transparent manner; and (ii) accepting responsibility for their decisions and actions; and (iii) seeking to achieve best use of resources; and (iv) submitting themselves to appropriate scrutiny; (e) respect—public officials should demonstrate respect for colleagues, other public officials and members of the Victorian community by— s. 7 (i) treating them fairly and objectively; and (ii) ensuring freedom from discrimination, harassment and bullying; and (iii) using their views to improve outcomes on an ongoing basis; S. 7(1)(f) amended by No. 43/2006 s. 47(Sch. item 5.1). (f) leadership—public officials should demonstrate leadership by actively implementing, promoting and supporting these values;
(2) A member may resign from office by notice in writing signed by the member and delivered to the Premier. (3) The Governor in Council, on the recommendation of the Premier, may remove a member of the Authority (other than the Public Sector Standards Commissioner) from office— S. 39(3)(a) amended by No. 4/2008 s. 32(Sch. item 28). (a) if he or she becomes an insolvent under administration; or (b) if he or she is convicted of an indictable offence or of an offence which, if committed in , would be an indictable offence; or (c) if he or she becomes, in the opinion of the Premier, incapable of carrying out the duties of the office; or (d) on any other ground which, in the opinion of the Premier, makes him or her unfit to hold the office. (4) The Premier must recommend to the Governor in Council the removal of a member under subsection (3) in the circumstances described in paragraph (a), (b) or (c) of that subsection. (5) The Governor in Council, on the recommendation of the Premier, may suspend the Public Sector Standards Commissioner from office— S. 39(5)(a) amended by No. 4/2008 s. 32(Sch. item 28). (a) if he or she becomes an insolvent under administration; or (b) if he or she is found guilty of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; or
should be taken to change or introduce processes in relation to the public service body or public entity in order to promote or comply with public sector employment principles, standards or codes of conduct. S. 66(8) inserted by No. 27/2009 s. 13. (8) If the public service body Head or public entity Head does not adopt, or decide to adopt, a recommendation made under subsection (7) within 14 days after being advised of the recommendation, he or she must, within 7 days after the end of that period, provide the Public Sector Standards Commissioner with a written statement of reasons for not adopting the recommendation. Subdivision 4—Role 3 67 Statement of role 3 s. 67 Role 3 of the Authority is to strengthen the professionalism and adaptability of the public sector. 68 Related functions s. 68 The Authority has the following functions related to role (a) to promote careers in public administration within the public sector and to the general community; (b) to promote the efficient utilisation of all staff in public employment in by identifying workforce and career arrangements that impede service delivery;
(3) The Governor in Council may, by Order published in the Government Gazette, exempt (either generally or in specified circumstances) a small entity, or a class of small entity, from the whole or any specified part of the requirement to prepare and keep a document of a kind referred to in subsection (1)(c). (4) Unless the context otherwise requires, a requirement under this section to keep and make available a document is a requirement to keep and make available an up-to-date version of the document. 97 Documents required to be kept by advisory entities s. 97 (1) An advisory entity must keep and make readily available to directors of the entity— (a) any document issued to the entity by the Minister responsible for the entity outlining the respective roles of, and the relationships between, the entity, the Department with administrative responsibility for the entity and the Minister; (b) any document issued to the entity by the Minister responsible for the entity outlining the term of appointment of directors and their roles and responsibilities; (c) any other document of a planning nature of a kind specified by the Minister responsible for the entity in writing to the entity as required to be kept and made available. (2) The Minister responsible for an advisory entity must ensure that a document of a kind referred to in subsection (1)(b) is issued to the entity. s. 97 (3) Unless the context otherwise requires, a requirement under this section to keep and make
Act must be read as a reference to the new Act; (d) a reference to an Administrative Unit (except one specified in Schedule Three A to the Public Service Act 1974) must be read as a reference to a Department; (e) a reference to an Administrative Unit specified in Schedule Three A to the Public Service Act 1974 must be read as a reference to an office specified in section 16(1) of the new Act; (f) a reference to an Associated Administrative Unit must be read as a reference to an Administrative Office; Sch. 2 (g) a reference to the Chief Administrator (of an Administrative Unit) must be read as a reference to a Department Head; (h) a reference to a Chief Administrator (of an Associated Administrative Unit) must be read as a reference to an Administrative Office Head; (i) a reference to a person performing the functions of a Department Head in relation to an Administrative Office must be read as a reference to an Administrative Office Head; (j) a reference to an Agency Head within the meaning of the former Act must be read as a reference to a public service body Head within the meaning of the new Act; (k) a reference to section 16 of the former Act must be read as a reference to section 16 of the new Act; (l) a reference to an authority within the meaning of section 47(1) of the former Act
Assent Date: 27.4.10 Commencement Date: S. 209(Sch. item 6) on 1.8.11: s. 2(4) : This information relates only to the provision/s amending the Public Administration Act 2004 Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011, No. 34/2011 Assent Date: 5.7.11 Commencement Date: S. 102 on 19.7.11: Special Gazette (No. 236) 19.7.11 p. 1 : This information relates only to the provision/s amending the Public Administration Act 2004 Road Safety Camera Commissioner Act 2011, No. 47/2011 Assent Date: 22.9.11 Commencement Date: S. 24 on 12.10.11: Special Gazette (No. 313) 4.10.11 p. 1 (see Erratum: Special Gazette (No. 315) 4.10.11 p. 1) : This information relates only to the provision/s amending the Public Administration Act 2004 Emergency Management Legislation Amendment Act 2011, No. 56/2011 Assent Date: 2.11.11 Commencement Date: S. 30 on 3.11.11: s. 2(1) : This information relates only to the provision/s amending the Public Administration Act 2004 Endnotes Independent Broad-based Anti-corruption Commission Act 2011, No. 66/2011 Assent Date: 29.11.11 Commencement Date: S. 43 on 1.7.12: s. 2(2) : This information relates only to the provision/s amending the Public Administration Act 2004 Victorian Inspectorate Act 2011, No. 70/2011 Assent Date: 29.11.11 Commencement Date: S. 47 on 1.7.12: s. 2(2) : This information relates only to the provision/s amending the Public Administration Act 2004 Public Prosecutions Amendment Act 2012, No. 3/2012 Assent Date: 14.2.12 Commencement Date: Ss 26–31 on 6.3.12: Special Gazette (No. 54) 28.2.12 p. 1 : This information relates only to the provision/s amending the Public Administration Act 2004 Freedom of Information Amendment (Freedom of Information Commissioner) Act 2012, No. 6/2012