Victorian Numbered Acts

PUBLIC ADMINISTRATION ACT 2004 (NO 108 OF 2004)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Objects  
   4.      Definitions  
   5.      What are public entities?  
   6.      What are special bodies?  

   PART 2--PUBLIC SECTOR VALUES AND EMPLOYMENT PRINCIPLES

   7.      Public sector values  
   8.      Public sector employment principles  

   PART 3--PUBLIC SERVICE EMPLOYMENT

           Division 1--Structure

   9.      The public service  

           Division 2--Public Service Bodies

   10.     Departments  
   11.     Administrative Offices  

           Division 3--Public Service Body Heads

   12.     Public service body Heads  
   13.     General responsibility of Department Heads  
   14.     Responsibility of Administrative Office Heads  
   15.     Duty to act independently in employment matters  
   16.     Persons with functions of public service body Head  
   17.     Performance review of public service body Heads  
   18.     Delegation  
   19.     Acting assignment as public service body Head  

           Division 4--Employees

   20.     Employment and retirement  
   21.     Probation  
   22.     Dealing with misconduct  

           Division 5--Executives

   23.     Who are executives for the purposes of this Division?  
   24.     Who are employers for the purposes of this Division?  
   25.     Executive employment governed by contract  
   26.     Contracts and existing employees  
   27.     Right of return  

           Division 6--Transfer of Employees

   28.     Transfer directed by public service body Head  
   29.     Transfer of public service body Head to other duties  
   30.     Machinery of government transfers  
   31.     Transfer, etc. does not affect employment continuity  

           Division 7--Restriction on Employees Doing Other Work

   32.     Restriction on employees doing other work  

           Division 8--Termination

   33.     Termination of employment (non-executives)  
   34.     Termination of employment (executives)  
   35.     No compensation on termination of employment, etc.  

           Division 9--General

   36.     Operation of Part  

   PART 4--STATE SERVICES AUTHORITY

           Division 1--Establishment, Constitution, Appointments and Meetings

   37.     Establishment and constitution of State Services Authority  
   38.     Terms and conditions of appointment of members  
   39.     Removal or resignation from office  
   40.     Role of chairperson  
   41.     Acting chairperson  
   42.     Chief executive officer  
   43.     Meetings  
   44.     Validity of acts or decisions  

           Division 2--Functions
           Subdivision

           1--General
   45.     Functions and powers of the Authority  
   46.     How are the Authority's functions to be exercised?  
   47.     Prohibition on disclosure of certain information  
   48.     Delegation  

              Subdivision 2--Role

           1
   49.     Statement of role 1  
   50.     Systems reviews  
   51.     Report of systems review  
   52.     Special inquiries  
   53.     Powers on special inquiries  
   54.     Procedure and evidence at a special inquiry  
   55.     Reports of special inquiries  
   56.     Special reviews  
   57.     Powers on special reviews  
   58.     Procedure and evidence at a special review  
   59.     Reports of special reviews  
   60.     Bodies with judicial or quasi-judicial functions  

              Subdivision 3--Role

           2
   61.     Statement of role 2  
   62.     Role 2 to be performed by PSSC  
   63.     Codes of conduct  
   64.     Review of actions  
   65.     Recommendations following review  
   66.     Promotion of public sector values, principles etc.  

              Subdivision 4--Role

           3
   67.     Statement of role 3  
   68.     Related functions  

              Subdivision 5--Role

           4
   69.     Statement of role 4  
   70.     How role 4 is to be performed  

              Subdivision 6--Role

           5
   71.     Statement of role 5  
   72.     Register  

           Division 3--Annual Plans and Reports

   73.     Authority's annual plan  
   74.     Authority and PSSC reports  

   PART 5--OPERATION OF PUBLIC ENTITIES

           Division 1--Preliminary

   75.     Application of Part  
   76.     This Part to prevail  

           Division 2--Governance Principles

   77.     Application of Division  
   78.     Other duties not affected  
   79.     Duties of directors  
   80.     Duties of chairperson  
   81.     Duties of entity  
   82.     Public entity not to make loans to directors  
   83.     Sub-committees  
   84.     Subsidiaries  
   85.     Accountability  
   86.     Injunctions  
   87.     Public entity or Minister may bring proceedings  

           Division 3--Removal, Suspension or Standing Down of Directors

   88.     Application of Division  
   89.     Power to remove or suspend directors  
   90.     Standing down of director of quasi-judicial entity  

           Division 4--General

   91.     Application of Division  
   92.     Power to make public entities subject to specified whole of government policies  
   93.     Requirement to provide financial information  
   94.     Requirement to provide non-financial information  
   95.     Documents required to be kept by standard entities  
   96.     Documents required to be kept by small entities  
   97.     Documents required to be kept by advisory entities  

   PART 6--EMPLOYMENT OF MINISTERIAL OFFICERS, PARLIAMENTARY ADVISERS AND JUDICIAL EMPLOYEES

           Division 1--Ministerial Officers

   98.     Employment of Ministerial officers  

           Division 2--Parliamentary Advisers

   99.     Employment of Parliamentary advisers  
   100.    Delegation  

           Division 3--Judicial Employees

   101.    Judicial employees  
   102.    Employment of judicial employees  
   103.    Termination of employment as judicial employee  

   PART 7--DECLARED AUTHORITIES

   104.    What are declared authorities?  
   105.    Application of Act to declared authorities  

   PART 8--MISCELLANEOUS

   106.    Act not to apply to certain persons  
   107.    Protection from reprisal  
   108.    Proceedings for damages for reprisal  
   109.    Delegation by Premier and public service body Minister  
   110.    Exercise of functions in person's absence  
   111.    Evidence Act provisions to apply  
   112.    Regulations  
   113.    Repeal of 1998 Acts  
   114.    Government Printer  
   115.    Privileges of former members of Parliament and unsuccessful Parliamentary candidates  
   116.    Saving and transitional provisions  
   117.    Consequential amendments to this and other Acts  

   PART 9--AMENDMENT OF PARLIAMENTARY OFFICERS ACT 1975

   118.    Definition  
   119.    New section 5A  
   120.    Department heads  
   121.    Offices in a department  
   122.    Appointment of officers  
   123.    Temporary employment  
   124.    Delegation  
   125.    Repeal of section 12B  
   126.    Conduct of department head  
   127.    New section 25A  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           ENDNOTES