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; (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; 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;
special body Head means chief executive officer (by whatever name called) of a special body; S. 4(1) def. of standard amended by No. 6/2014 s. 4(e). standard means standard issued under section 62(1); S. 4(1) def. of standard entity amended by No. 20/2005 s. 47. standard entity means a public entity other than— (a) an advisory entity; or * * * * * (c) except in section 95, a public entity that exercises functions that are of a 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; S. 4(1) def. of Victoria Police substituted by No. 37/2014 s. 10(Sch. item 135.1(c)). Victoria Police has the same meaning as in the Victoria Police Act 2013. (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.
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 office holder and an office in relation to that office holder. 17 Performance review of public service body Heads S. 17(1) amended by No. 6/2014 s. 6(1). (1) The Victorian Public Sector Commission must, at the direction of the Premier, review the performance of a public service body Head (other than the Victorian Public Sector Commissioner), either generally or in respect of a particular matter.
S. 49 substituted by No. 6/2014 s. 10. 49 Delegation (1) The Commissioner may by instrument delegate any power or function of the Commissioner under this or any other Act (other than a power or function specified in subsection (2)) to— (a) a member of the staff of the Commission; or (b) a person engaged by the Commission to assist the Commission in the performance of its functions. (2) The following powers of the Commissioner are not delegable— (a) a power of delegation under subsection (1); (b) the power under section 17 to review the performance of a public service body Head; (c) the power under section 59 to report on the conduct and findings, and any recommendations, of an inquiry; S. 49(2)(ca) inserted by No. 67/2014 s. 140(1). (ca) the power under section 60C to compel the production of documents and other things or the attendance of witnesses; (d) the power under section 61 to issue codes of conduct; (e) the power under section 62 to issue employment standards; (f) the power under section 63 to make recommendations in relation to the oversight of public sector compliance with the public sector values, codes of conduct, the public sector employment principles and standards; (g) the power under section 65 to make recommendations following a review of an employment related action conducted by the Commission under section 64.
(e) the Victorian Inspectorate within the meaning of the Victorian Inspectorate Act 2011. (2) An inquiry may be conducted in relation to a body even if a provision of an Act other than this Act has the effect that the body or a member of the body or of the governing body (by whatever name called) of the body is not subject to this Act or to any part of this Act. S. 56(3) inserted by No. 67/2014 s. 141. (3) If an inquiry is conducted in relation to a body referred to in subsection (2), that body must comply with section 42 of this Act in relation to the inquiry even if a provision of an Act other than this Act has the effect that the body is not subject to this Act or to any part of this Act. S. 57 substituted by Nos 6/2014 s. 10, 67/2014 s. 142. 57 Manner of conducting inquiries The Commission may conduct an inquiry in any manner that the Commission considers appropriate, subject to— (a) the requirements of procedural fairness; and (b) the Premier's direction for the inquiry; and (c) this Act, the regulations and any other Act. S. 58 substituted by Nos 6/2014 s. 10, 67/2014 s. 142. 58 Evidence and representation (1) In conducting an inquiry, the Commission is not bound by the rules of evidence or any practices or procedures applicable to courts of record and may inform itself on any matter as it sees fit. (2) The Commission may require a person attending an inquiry, whether in accordance with a notice to attend or otherwise, to give evidence or answer questions on oath or affirmation.
103 Termination of employment as 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 judicial 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(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? (1) In this section authority means—
Despite the amendments made to this Act by section 30 of the Public Prosecutions Amendment Act 2012, this Act continues to apply to a person who was an Associate Crown Prosecutor immediately before the commencement of that section as if the amendments had not been made for the remainder of the term of appointment of that person. Sch. 2 cl. 16 inserted by No. 67/2014 s. 145. 16 Inquiries Act 2014 (1) Sections 57 and 58, as substituted by section 142 of the Inquiries Act 2014, and Division 4A of Part 4 as inserted by section 144 of that Act, apply to an inquiry under Division 4 of Part 4 that begins on or after the commencement of section 142 of that Act. (2) Sections 57 and 58, as in force immediately before the commencement of section 142 of the Inquiries Act 2014 continue to apply to an inquiry under Division 4 of Part 4 that was begun but not completed before the commencement of that section. Sch. 3 amended by No. 20/2005 s. 50, repealed by No. 80/2006 s. 24(6), new Sch. 3 inserted by No. 6/2014 s. 13. 2014 Section 118 1 Definitions In this Schedule—
commencement day means the day on which Part 2 of the Public Administration Amendment (Public Sector Improvement) Act 2014 comes into operation; new Part 4 means Part 4 of this Act as in force on and after the commencement day; repealed Part 4 means Part 4 of this Act as in force immediately before the commencement day. 2 General transitional provisions (1) Unless the contrary intention appears, this Schedule does not affect or take away from the Interpretation of Legislation Act 1984. (2) If a provision of this Act, as in force before the commencement day, continues to apply by force of this Schedule, any other provision of this Act as in force at that time necessary to give effect to that continued provision also continues to apply in relation to that provision. 3 State Services Authority abolished On the commencement day— (a) the State Services Authority is abolished; and (b) a person holding any of the following offices under the repealed Part 4, whether substantively or in an acting capacity, ceases to hold that office— (i) the chairperson of the State Services Authority; (ii) the Public Sector Standards Commissioner;