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; 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; S. 4(1) def. of Chief Executive Officer of Court Services Victoria inserted by No. 1/2014 s. 59(b). Chief Executive Officer of Court Services Victoria means the person holding the office or performing the duties of the Chief Executive Officer of Court Services Victoria; S. 4(1) def. of code of conduct amended by No. 6/2014 s. 4(b). code of conduct means a code of conduct issued under section 61; S. 4(1) def. of Commission inserted by No. 6/2014 s. 4(f). Commission means the Victorian Public Sector Commission established under section 37; S. 4(1) def. of inserted by No. 6/2014 s. 4(f). Commissioner means the Victorian Public Sector Commissioner appointed under section 43;
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; S. 4(1) def. of Councillor inserted by No. 6/2014 s. 4(f). Councillor has the same meaning as it has in section 3(1) of the Local Government Act 1989; S. 4(1) def. of Court Chief Executive Officer inserted by No. 1/2014 s. 59(b). Court Chief Executive Officer means a person holding the office or performing the duties of a Court Chief Executive Officer under the Court Services Victoria Act 2014; S. 4(1) def. of Court Services Victoria inserted by No. 1/2014 s. 59(b). Court Services Victoria means Court Services Victoria established under section 5 of the Court Services Victoria Act 2014; 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 s. 4 (b) intimidation or harassment;
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); S. 4(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 135.1(a)). police officer has the same meaning as in the Victoria Police Act 2013; 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; S. 4(1) def. of prescribed office amended by No. 37/2014 s. 10(Sch. item 135.1(b)). prescribed office means an office or body 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; S. 4(1) def. of public official amended by Nos 20/2005 s. 52(1), 77/2008 s. 129(Sch. 2 item 20.1). public official means— (a) a public sector employee; (b) a person employed under Division 3 of Part 6; s. 4 (c) a Parliamentary officer within the meaning of the Parliamentary Administration Act 2005; (d) the holder of a statutory office or a prerogative office;
(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; S. 7(1)(g) inserted by No. 43/2006 s. 47(Sch. item 5.2). (g) human rights—public officials should respect and promote the human rights set out in the Charter of Human Rights and Responsibilities by— (i) making decisions and providing advice consistent with human rights; and (ii) actively implementing, promoting and supporting human rights. S. 7(2) amended by No. 80/2006 ss 8(1), 24(1). (2) Subject to subsections (3) and (3A), a public sector body Head must promote the public sector values to public officials employed in the body and ensure that any statement of values adopted or applied by the body is consistent with the public sector values.
S. 16(1)(ba) inserted by No. 34/2011 s. 102. (ba) the Chairperson within the meaning of Division 3 of Part 5 of the Transport Integration Act 2010 in relation to the office of the Taxi Services Commission; S. 16(1)(c) amended by No. 37/2014 s. 10(Sch. item 135.2(a)(ii)). (c) the Chief Commissioner of Police in relation to Victoria Police; Note to s. 16(1)(c) inserted by No. 37/2014 s. 10(Sch. item 135.2(a)(iii)). Note Section 106(i) provides that this Act (except to the extent it expressly provides otherwise) does not apply to a police officer, police reservist, police recruit or protective services officer under the Victoria Police Act 2013. S. 16(1)(ca) inserted by No. 66/2011 s. 43(2). (ca) the Chief Executive Officer of the IBAC in relation to the office of the IBAC within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011; (d) the Commissioner for Environmental Sustainability in relation to the office of the Commissioner under the Commissioner for Environmental Sustainability Act 2003; S. 16(1)(e) repealed by No. 82/2012 s. 165(2)(a). * * * * * s. 16 (f) the Electoral Commissioner in relation to the office of the Victorian Electoral Commission; S. 16(1)(faa) inserted by No. 81/2012 s. 115(1). (faa) the Fire Services Levy Monitor in relation to the office of the Fire Services Levy Monitor within the meaning of the Fire Services Levy Monitor Act 2012;
S. 16(1)(kc) inserted by No. 24/2014 s. 81. (kc) the Chairperson within the meaning of Division 2 of Part 2 of the Game Management Authority Act 2014 in relation to the office of the Game Management Authority; (l) the office holder specified, in relation to the office specified, in an Order made under subsection (3) for the purposes of this paragraph. S. 16(2) amended by No. 37/2014 s. 10(Sch. item 135.2(b)(i)). (2) This Act (except section 17) applies to an office or body specified in subsection (1) or an office specified in an Order under subsection (3) as if any reference in this Act to— S. 16(2)(a) amended by No. 37/2014 s. 10(Sch. item 135.2(b)(ii)). (a) a public service body or the public service were a reference to that office or body; and S. 16(2)(b) amended by No. 37/2014 s. 10(Sch. item 135.2(b)(ii)). (b) an employee were a reference to an employee in that office or body; and S. 16(2)(c) amended by No. 37/2014 s. 10(Sch. item 135.2(b)(ii)). (c) an executive were a reference to a person employed in that office or body as an executive; and S. 16(2)(d) amended by No. 37/2014 s. 10(Sch. item 135.2(b)(ii)). (d) a public service body Head were a reference to the office holder specified in relation to that office or body in that subsection or Order. (3) The Governor in Council may, by Order published in the Government Gazette, specify for the purposes of paragraph (l) of subsection (1) an
or strategic plan or other document relevant to the work program of the entity; and (b) inform the Minister responsible for the public entity and the relevant Department Head of known major risks to the effective operation of the entity and of the risk management systems that it has in place to address those risks; and (c) unless prohibited from doing so by or under any law, provide the Minister responsible for the public entity with any information relating to the entity or its operations that he or she requests; and (d) except in the case of a Commissioner entity, ensure that adequate procedures are in place for— (i) assessing the performance of individual directors; and (ii) dealing with poor performance by directors; and (iii) resolving disputes between directors; and S. 81(1)(d)(iv) inserted by No. 6/2014 s. 23. (iv) assessing its own performance; and (e) ensure that a code of conduct applicable to directors is in place; and (f) ensure that processes are in place to deal with conflicts of interests in directors that— (i) apply to both financial and interests;
(c) a tipstaff of a Judge of the Supreme Court or County Court. 102 Employment of judicial employees S. 102(1) amended by No. 1/2014 s. 61. (1) The Chief Executive Officer of Court Services Victoria may employ any person as a judicial employee. (2) The public sector employment principles apply to the employment of judicial employees. 103 Termination of employment as judicial employee S. 103(1) amended by No. 1/2014 s. 62(1). (1) The employment of a judicial employee may be terminated at any time by the Chief Executive Officer of Court Services Victoria giving the employee, or the employee giving that Chief Executive Officer, notice of termination in accordance with subsection (2). (2) The notice must be— (a) 4 weeks notice of termination; or S. 103(2)(b) amended by No. 1/2014 s. 62(2). (b) any other period of notice agreed between the Chief Executive Officer of Court Services Victoria and the employee. (3) A person who was an employee immediately before his or her employment under this Division, retains any right to long service, annual, sick or other leave accrued or accruing to him or her immediately before that employment. (4) A person who was an employee in a public service body immediately before his or her employment under this Division is deemed, on the termination of his or her employment as a employee, to be re-employed in that public service body on the same terms and conditions as before his or her employment under this Division. s. 103
S. 103(5) amended by Nos 80/2006 s. 4(9), 24/2009 s. 37(9). (5) A judicial employee is not entitled to compensation as a result of the termination of his or her employment under this Division. __________________ 104 What are declared authorities? s. 104 (1) In this section authority means— (a) a public entity; or (b) a statutory office; or (c) a prerogative office; or (d) any group of people employed in the service of the Crown. (2) The Governor in Council may, by Order published in the Government Gazette— (a) declare an authority to be a declared authority; and (b) specify the person or body who is to have the functions of a public service body Head in relation to that declared authority; and (c) specify the provisions of this Act which are to apply to that declared authority. (3) An Order cannot be made under subsection (2) in relation to— (a) an exempt body or an exempt body official in his or her capacity as such an official; S. 104(3)(b) amended by No. 37/2014 s. 10(Sch. item 135.6(a)). (b) an office or body specified in section 16(1); or
115 Privileges of former members of Parliament and unsuccessful Parliamentary candidates s. 115 Schedule 1 has effect. S. 115A inserted by No. 83/2008 s. 18. 115A Salary sacrifice by office holders Schedule 1A has effect. 116 Saving and transitional provisions Schedule 2 contains saving and transitional provisions. S. 117 repealed by No. 80/2006 s. 24(4), new s. 117 inserted by No. 24/2009 s. 38. 117 Transitional provision—repeal of Subdivision 5A of Division 2 of Part 4 Any application begun but not completed under Subdivision 5A of Division 2 of Part 4 immediately before the repeal of the subdivision by section 37 of the Fair Work (Commonwealth Powers) Act 2009 may be continued and completed in accordance with that Subdivision, as if that Subdivision were still in operation. New s. 118 inserted by No. 6/2014 s. 12. 118 Savings and transitional provisions—Public Administration Amendment (Public Sector Improvement) Act 2014 Schedule 3 has effect. __________________ Pt 9 (Heading and ss 118–127) repealed by No. 80/2006 s. 24(5). * * * * * s. 118 SCHEDULES