Version No. 043 Public Administration Act 2004 No. 108 of 2004 Version incorporating amendments as at 1 April 2014 table of provisions Section Page 1 1 Purposes 1 2 Commencement 2 3 Objects 2 4 Definitions 3 5 What are public entities? 11 6 What are special bodies? 15 17 7 Public sector values 17 8 Public sector employment principles 19 21 Division 1—Structure 21 9 The public service 21 Division 2—Public service bodies 21 10 Departments 21 11 Administrative Offices 21 Division 3—Public service body Heads 22 12 Public service body Heads 22 13 General responsibility of Department Heads 22 13A Responsibility of Department Heads—public entities 22 14 Responsibility of Administrative Office Heads 23 15 Duty to act independently in employment matters 24 16 Persons with functions of public service body Head 24 17 Performance review of public service body Heads 27 18 Delegation 27 19 Acting assignment as public service body Head 27
S. 5(1A) inserted by No. 20/2005 s. 48. (1A) To avoid doubt and without limiting subsection (1), the following are public entities for the purposes of this Act— S. 5(1A)(a) substituted by Nos 24/2006 s. 6.1.2(Sch. 7 item 33.2(a)), 58/2007 s. 54(1), amended by No. 76/2013 s. 26. (a) the board of a TAFE institute within the meaning of the Education and Training Reform Act 2006; S. 5(1A)(b) amended by Nos 24/2006 s. 6.1.2(Sch. 7 item 33.2(b)), 58/2007 s. 54(2). (b) the Board of and the Board of the Centre for Adult Education, within the meaning of the Education and Training Reform Act 2006. S. 5(1B) inserted by No. 6/2014 s. 19. (1B) For the purposes of this Act, a body that would be a subsidiary, within the meaning of the Corporations Act, of a public entity if both the body and the public entity were bodies corporate to which that Act applies, is also a public entity. (2) The Governor in Council may, by Order published in the Government Gazette, declare a body, or a class of body, not to be a public entity for the purposes of this Act. s. 5 (3) The Governor in Council may, by Order published in the Government Gazette, declare a body, or a class of body, that does not have any function to exercise other than the provision of advice or a report to any person or body and that satisfies the requirements of subsection (1)(d)(i) and (ii) to be a public entity for the purposes of this Act. (4) If an exempt body is a public entity for the purposes of this Act in a capacity other than its capacity as an exempt body, nothing in this Act that applies to the body as a public entity applies to the body in its capacity as an exempt body.
S. 20(2) repealed by No. 27/2009 s. 4. * * * * * (3) A public service body Head, in exercising a right, power, authority or duty referred to in this section, must do so in conformity with— (a) the public sector values; and (b) any binding code of conduct; and (c) the public sector employment principles; and S. 20(3)(d) amended by No. 6/2014 s. 8. (d) standards issued by the Victorian Public Sector Commission; and (e) any other relevant provisions of this Act or the regulations. (4) An employee may retire from the public service on reaching the age of 55 years. S. 21 repealed by No. 27/2009 s. 5. * * * * * S. 22 amended by No. 29/2006 s. 3(Sch. 1 item 32), substituted by No. 27/2009 s. 6. 22 Dealing with unsatisfactory performance, misconduct and serious misconduct s. 22 The regulations may— (a) establish procedures for dealing with allegations of unsatisfactory performance, misconduct and serious misconduct; and (b) empower the imposition of penalties for misconduct or serious misconduct which may include reduction in salary or classification or both, suspension or dismissal. Division 5—Executives
(a) any codes of conduct issued by the Commission; (b) any standards issued by the Commission; (c) any Orders made by the Governor in Council under Part 5; (d) any other instrument issued under this Act that the Premier directs, in writing, the Commission to enter in the register. (4) The Commission may enter additional material in the register if the Commission considers that it is likely to be useful to public sector employees. (5) The Commission must ensure, as far as practicable, that the contents of the register are accessible to the public at all times without charge on the Internet. Division 6—Annual plan, strategic plan and annual report S. 68 substituted by No. 6/2014 s. 10. 68 Annual plan s. 68 (1) The Commission must prepare an annual plan before each financial year. (2) The annual plan must— (a) set out how the plan relates to, and supports, the strategic plan of the Commission; and (b) specify priority areas for the forthcoming financial year; and (c) identify key outputs and specific activities for each of those areas. (3) The Commission must consult with the Advisory Board in the development of its annual plan to determine the priority areas and specific activities for the forthcoming financial year.
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 SCHEDULE 1 Sch. 1 Section 115 1 Definitions In this Schedule— Parliament means— (a) the Parliament of ; or (b) the Parliament of the Commonwealth of ; police force includes the officers and other members of the police force of ; Sch. 1 cl. 1 def. of public service amended by No. 23/2006 s. 247. public service includes as well as employees in the public service— (a) permanent and temporary medical officers employed under the Mental Health Act 1986;
(b) any employee within the meaning of section 3(1) of the Emergency Services Superannuation Act 1986; (c) any officer within the meaning of the State Superannuation Act 1988 not otherwise included within the definitions of public service or teaching service; Sch. 1 cl. 1 def. of teaching service amended by Nos 28/2007 s. 3(Sch. item 55), 58/2007 s. 54(3). teaching service includes, as well as officers and employees in the teaching service, any person who is certified by the Secretary to the Department of Education and Early Childhood Development to be employed in whole-time duties on the permanent staff of any school or schools for technical education receiving aid from the Consolidated Fund. Sch. 1 2 Privileges of former members of Parliament (1) A member of the public service, the teaching service or the police force who— (a) was before the commencement of section 10 of the Parliamentary Superannuation Legislation (Reform) Act 2004 elected a member of Parliament; and (b) ceases to be a member of Parliament at any time after the commencement of this Schedule without being entitled to a pension under the Parliamentary Salaries and Superannuation Act 1968 or the Parliamentary Contributory Superannuation Act 1948 of the Commonwealth or any similar Act— is entitled, on application in writing to the proper authority within 3 months after so ceasing to be a member of Parliament, to reinstatement in the public service, the teaching service or the police force (as the case requires) subject to the
the time of appointment or from time to time); (iv) fixed by a Minister (whether at the time of appointment or from time to time); relevant Minister in relation to an office holder means the Minister administering the Act under which the office holder is appointed; remuneration includes salary or fee. 2 Application of Schedule Sch. 1A This Schedule does not apply to— Sch. 1A cl. 2(a) amended by No. 5/2013 s. 65(a). (a) a judge or reserve judge; Sch. 1A cl. 2(b) amended by No. 5/2013 s. 65(b). (b) a magistrate or reserve magistrate; Sch. 1A cl. 2(c) amended by No. 63/2013 s. 96(a). (c) a master or Associate Judge of the Supreme Court or a reserve Associate Judge within the meaning of the Supreme Court Act 1986; Sch. 1A cl. 2(d) amended by No. 63/2013 s. 96(b). (d) a master or associate judge of the County Court or a reserve associate judge within the meaning of the County Court Act 1958; (e) a member of the Victorian Civil and Administrative Tribunal; (f) the Solicitor-General; (g) the Auditor-General;
Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012 Assent Date: 18.12.12 Commencement Date: Ss 165, 177–179 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2; s. 317 on 11.2.13: s. 2(5) : This information relates only to the provision/s amending the Public Administration Act 2004 Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, No. 5/2013 Assent Date: 26.2.13 Commencement Date: S. 65 on 27.2.13: s. 2(1) : This information relates only to the provision/s amending the Public Administration Act 2004 Endnotes Parliamentary and Public Administration Legislation Amendment Act 2013, No. 37/2013 Assent Date: 18.6.13 Commencement Date: Ss 15–17 on 1.7.13: s. 2 : This information relates only to the provision/s amending the Public Administration Act 2004 Courts Legislation Amendment (Judicial Officers) Act 2013, No. 63/2013 Assent Date: 6.11.13 Commencement Date: S. 96 on 1.2.14: s. 2(2) : This information relates only to the provision/s amending the Public Administration Act 2004 Education and Training Reform Amendment (Dual Sector Universities) Act 2013, No. 76/2013 Assent Date: 17.12.13 Commencement Date: S. 26 on 1.1.14: s. 2(4) : This information relates only to the provision/s amending the Public Administration Act 2004 Public Administration Amendment (Public Sector Improvement) Act 2014, No. 6/2014 Assent Date: 11.2.14 Commencement Date: Ss 3–13, 19–23 on 1.4.14: Special Gazette (No. 65) 4.3.14 p. 1 : This information relates only to the provision/s amending the Public Administration Act 2004 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes No entries at date of publication.