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;
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.
Pt 3 Div. 6 (Heading) amended by No. 27/2009 s. 8. Division 6—Mobility of employees S. 28 (Heading) amended by No. 27/2009 s. 9(1). 28 Transfer directed by public service body Head or public entity s. 28 (1) If the appropriate public service body Head considers it to be in the interests of the public sector to do so, he or she may, with the approval of the Head of the other public service body or of the public entity concerned, transfer an employee to duties in another public service body or in a public entity on terms and conditions of employment that are no less favourable overall. S. 28(1A) inserted by No. 27/2009 s. 9(2). (1A) If a public entity considers it appropriate to do so, it may, with the approval of the Head of a public service body, transfer an employee of the public entity to duties in that public service body on terms and conditions of employment that are no less favourable overall. S. 28(1B) inserted by No. 27/2009 s. 9(2). (1B) A transfer under this section may be permanent or for a fixed term. (2) This section does not apply to the holder of a prerogative office unless the Governor in Council, by Order published in the Government Gazette, declares that it applies. 29 Transfer of public service body Head to other duties S. 29(1) amended by No. 6/2014 s. 9. (1) If the Premier considers it to be in the interests of the public sector to do so, he or she may, after consulting the Victorian Public Sector
those powers and performing those functions is subject to the same requirements that apply to the Commissioner. S. 48 substituted by No. 6/2014 s. 10. 48 Functions of Commissioner s. 48 (1) The Commissioner has— (a) all the powers and functions of the Commission conferred on it by or under this or any other Act; and (b) any other powers or functions conferred on the Commissioner by or under this or any other Act. (2) All acts or things done by the Commissioner in the name or on behalf of the Commission are taken to have been done by the Commission. S. 49 substituted by No. 6/2014 s. 10. 49 Delegation s. 49 (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; (d) the power under section 61 to issue codes of conduct;
matter while the board is considering the matter; (B) prohibit such a director from taking part in any decision of the board in relation to the matter; s. 81 (v) require the board to notify in writing the Minister responsible for the entity as soon as practicable after becoming aware of any breach of the processes; and (g) ensure that an adequate gifts policy for directors is in place; and (h) except in the case of a Commissioner entity or as otherwise provided by an Order made under subsection (3) in the case of an advisory entity, ensure that adequate procedures are in place for the conduct of meetings and the making of decisions at meetings, including appropriate arrangements for acting directors, and that appropriate records of meetings are kept; and (i) except in the case of an entity that has no money or other property under its management or control or as otherwise provided by an Order made under subsection (3) in the case of an advisory entity, ensure that appropriate financial records are kept; and (j) ensure that adequate controls are in place to prevent fraudulent behaviour; and (k) except in the case of an advisory entity, a small entity or an entity that is otherwise required to have its financial statements or accounts audited by the Auditor-General, ensure that its financial statements or
conferred or imposed by or under any other Act or law, the person who has power to appoint a director of a public entity to the office of director has power— (a) to remove the director from office; and (b) to suspend the director from office for a period not exceeding one month— if he or she believes that the director has contravened a code of conduct that is applicable to him or her or a duty or obligation otherwise imposed on him or her by or under this Act. (2) A suspension imposed under the power conferred by subsection (1) cannot be extended or renewed. (3) A suspended director is, by force of this subsection, restored to office at the end of the period of suspension unless he or she is removed from office within that period. (4) Subject to subsection (5), in exercising a power conferred by subsection (1) to remove a director from office, the person exercising the power must do so by notice in writing delivered to the director that— (a) specifies a date, not earlier than 7 days after the date of the notice, on which the removal is to take effect; and (b) informs the director that at any time prior to the removal taking effect he or she may submit to the person exercising the power reasons as to why he or she should not be removed from office. s. 89 (5) If the person exercising the power is the Governor in Council on the recommendation of a Minister,
Division in its capacity as a special body and, if it so determines, the provision applies to that body in that capacity. 92 Power to make public entities subject to specified whole of government policies (1) On the recommendation of the Premier the Governor in Council may, by Order published in the Government Gazette, require all public entities, or a specified public entity or class of public entity, to comply with a specified whole of government policy of any kind for the purpose of improving operating standards or service delivery or otherwise supporting a whole of government approach. (2) The Premier must not recommend the making of an Order under subsection (1) unless he or she is satisfied that adequate consultation has occurred. (3) Nothing in this section authorises the making of an Order in relation to a public entity that exercises functions that are of a quasi-judicial nature that would impede the exercise of any such function. (4) Nothing in this section authorises the making of an Order in relation to a public entity— (a) that would impede the exercise of any statutorily independent function that it has; or (b) intended to bring about a particular result or achieve a particular outcome in a particular matter over which the entity has jurisdiction. 93 Requirement to provide financial information s. 93 (1) The board of a public entity must provide to the Treasurer or the Minister administering section 44A of the Financial Management Act 1994, at a time and in a manner specified by that
(4) In this section standard entity includes a public entity that exercises functions that are of a nature. 96 Documents required to be kept by small entities s. 96 (1) A small 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) a copy of any corporate plan, in the form prescribed by the regulations (if any), adopted by the entity and approved by the Minister responsible for the entity in respect of a period containing— (i) a statement of the entity's intentions and undertakings (a statement of corporate intent); and (ii) a business plan; and (iii) financial statements; (d) 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 a small entity must ensure that a document of a kind referred to in subsection (1)(b) is issued to the entity. judicial
1 Definitions In this Schedule— Parliament means— (a) the Parliament of ; or (b) the Parliament of the Commonwealth of ; Sch. 1 cl. 1 def. of police force repealed by No. 37/2014 s. 10(Sch. item 135.8). * * * * * Sch. 1 cl. 1 def. of public service amended by Nos 23/2006 s. 247, 26/2014 s. 455(Sch. item 24.2). public service includes as well as employees in the public service— * * * * * (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
or she pays into the State Superannuation Fund under that Act an amount equal to— (i) the sum paid to him or her out of the State Superannuation Fund when he or she so ceased to be employed; and (ii) an additional amount equal to the contributions he or she would have been required to make under the Transport Superannuation Act 1988 if he or she had remained in the public service during the period from so ceasing to be employed until reemployment in the public service— and on payment of that amount into the State Superannuation Fund he or she is to be treated for the purposes of the Transport Superannuation Act 1988 as if he or she had continued to be a member under that Act during that period; Sch. 1 Sch. 1 cl. 2(3)(g) substituted by No. 37/2014 s. 10(Sch. item 135.9(c)(iii)). (g) on re-employment in the public service or teaching service, or reinstatement in Victoria Police, he or she is to be credited with the amount of sick leave or personal leave to which he or she was entitled on so ceasing to be in the public service, teaching service or Victoria Police; Sch. 1 cl. 2(3)(h) substituted by No. 37/2014 s. 10(Sch. item 135.9(c)(iii)). (h) on re-employment in the public service or teaching service, or reinstatement in Victoria Police, a period from his or her ceasing to be in the public service, teaching service or Victoria Police until re-employment in the public service or the teaching service, or in Victoria Police— (i) is to be regarded for the purposes of any long service leave as continuous
reason of his or her resignation to be such a person. Sch. 1 (4) In subclause (1) a reference to the teaching service (where first occurring) includes a reference to the education service under the Education Service Act 1981. __________________ Sch. 1A inserted by No. 83/2008 s. 19. SCHEDULE 1A Sch. 1A 1 Definitions (1) In this Schedule— commencement day means the date of commencement of section 18 of the Salaries Legislation Amendment (Salary Sacrifice) Act 2008; office holder means— (a) a prerogative officer holder appointed by the Governor in Council under section 88 of the Constitution Act 1975; (b) a person appointed to a public office whose remuneration is— (i) fixed by the Act establishing the office; (ii) fixed in the person's instrument of appointment or determined from time to time in accordance with that instrument; (iii) fixed or determined by the Governor in Council (whether at