to appoint a member, irrespective of how that right arises; exempt body official means— (a) a person employed by an exempt body; or (b) the holder of an office in, or on the governing body of, an exempt body; S. 4(1) def. of Formal Review inserted by No. 67/2014 s. 138(a). Formal Review has the same meaning as in the Inquiries Act 2014; 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;
(B) by an Order under subsection (3)— but does not include— S. 5(1)(da) inserted by No. 80/2006 s. 7(2). (da) a Department or an Administrative Office; or (e) an exempt body; or (f) a special body in its capacity as a special body; or S. 5(1)(fa) inserted by No. 67/2014 s. 139. (fa) a Royal Commission, Board of Inquiry or Formal Review; or S. 5(1)(g) amended by No. 79/2008 s. 21. (g) a registered community health centre within the meaning of the Health Services Act 1988 or a body that provides aged care services that is, or is capable of being, registered under that Act; or (h) a body, or a class of body, that is declared by an Order under subsection (2) not to be a public entity for the purposes of this Act. 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. 6(1)(aa) inserted by No. 66/2011 s. 43(1). (aa) the IBAC within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011; S. 6(1)(ab) inserted by No. 79/2012 s. 83(1). (ab) the Commission for Children and Young People within the meaning of the Commission for Children and Young People Act 2012; (b) the Electoral Boundaries Commission; S. 6(1)(ba) inserted by No. 84/2005 s. 19, repealed by No. 60/2014 s. 140(Sch. 3 item 38.1(a)). * * * * * S. 6(1)(c) substituted by No. 22/2016 s. 242. (c) the office of the Health Complaints Commissioner within the meaning of the Health Complaints Act 2016; (d) the office of the Ombudsman; S. 6(1)(e) repealed by No. 82/2012 s. 165(1). * * * * * S. 6(1)(f) substituted by No. 60/2014 s. 140(Sch. 3 item 38.1(b)). (f) the office of the Commissioner for Privacy and Data Protection; S. 6(1)(g) repealed by No. 77/2008 s. 129(Sch. 2 item 20.2), new s. 6(1)(g) inserted by No. 6/2012 s. 50. (g) the office of the Freedom of Information Commissioner; S. 6(1)(gaa) inserted by No. 56/2015 s. 48. (gaa) the office of the Victims of Crime Commissioner;
Pt 4 Div. 4A (Heading and ss 60B–60I) inserted by No. 67/2014 s. 144. Division 4A—Ancillary provisions for inquiries S. 60B inserted by No. 67/2014 s. 144. 60B Definitions In this Division— notice to attend means a notice served under section 60C(1)(b), (c) or (d); notice to produce means a notice served under section 60C(1)(a). S. 60C inserted by No. 67/2014 s. 144. 60C Power to compel production of documents and other things or attendance of witness (1) For the purposes of an inquiry, the Commission may serve written notice on a person requiring the person to— (a) produce a specified document or other thing to the Commission or a person authorised by the Commission before a specified time and in the specified manner; or (b) attend the Commission at a specified time and place to produce a specified document or other thing; or (c) attend the Commission at a specified time and place, and from then on from day to day until excused, to give evidence; or (d) attend the Commission at a specified time and place, and from then on from day to day until excused, to give evidence and to produce a specified document or other thing.
(1) Nothing in this Division affects or limits any other duty imposed on a director of a public entity by or under any other provision of this Act. (2) This Division has effect in addition to, and not in derogation of, any Act or law relating to the criminal or civil liability of directors and does not prevent the institution of any criminal or civil proceedings in respect of such a liability. 79 Duties of directors (1) A director of a public entity must at all times in the exercise of the functions of his or her office act— (a) honestly; and (b) in good faith in the best interests of the public entity; and (c) with integrity; and (d) in a financially responsible manner; and (e) with a reasonable degree of care, diligence and skill; and (f) in compliance with the Act or subordinate instrument or other document under which the public entity is established. (2) A person who is or has been a director of a public entity must not, except to the extent necessary— (a) to exercise functions under this or any other Act; or (b) to give any information that he or she is expressly authorised, permitted or required to give under this or any other Act— give to any other person, whether directly or indirectly, any information acquired by him or her by reason of being a director.
S. 106(1)(d) amended by No. 24/2008 s. 87(2)(b). (d) an associate judge of the County Court; (e) a magistrate; S. 106(1)(f) amended by No. 77/2008 s. 129(Sch. 2 item 20.3). (f) a coroner; (g) the Solicitor-General; S. 106(1)(h) amended by No. 3/2012 s. 30(1). (h) the Director of Public Prosecutions, the Acting Director of Public Prosecutions, the Chief Crown Prosecutor, the Acting Chief Crown Prosecutor or any Crown Prosecutor; S. 106(1)(i) substituted by No. 37/2014 s. 10(Sch. item 135.7). (i) a police officer, police reservist, police recruit or protective services officer under the Victoria Police Act 2013; S. 106(1)(j) substituted by No. 20/2005 s. 52(2). (j) a Parliamentary officer within the meaning of the Parliamentary Administration Act 2005. (2) Subsection (1) does not prevent a person covered by that subsection from having or exercising any functions of a public service body Head. S. 106(3) inserted by No. 3/2012 s. 30(2). (3) This Act applies to the Director of Public Prosecutions in relation to his or her functions in relation to the employment of the Solicitor for Public Prosecutions and Associate Crown Prosecutors. 107 Protection from reprisal (1) A person who is not a public official or an exempt body official must not take detrimental action against another person who is a public official or
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. 2 Privileges of former members of Parliament Sch. 1 cl. 2(1) amended by No. 37/2014 s. 10(Sch. item 135.9(a)). (1) A member of the public service or the teaching service, or a police officer, 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 Victoria Police (as the case requires) subject to the provisions in relation to classification, superannuation, sick leave and long service leave specified in subclause (3).