Version No. 090
Public Administration Act 2004
No. 108 of 2004
Version incorporating amendments as at
1 July 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Objects
4Definitions
5What are public entities?
6What are special bodies?
Part 2—Public sector values and employment principles
7Public sector values
8Public sector employment principles
Part 3—Public service employment
Division 1—Structure
9The public service
Division 2—Public service bodies
10Departments
11Administrative Offices
Division 3—Public service body Heads
12Public service body Heads
13General responsibility of Department Heads
13AResponsibility of Department Heads—public entities
14Responsibility of Administrative Office Heads
15Duty to act independently in employment matters
16Persons with functions of public service body Head
17Performance review of public service body Heads
18Delegation
19Acting assignment as public service body Head
Division 4—Employees
20Employment and retirement
22Dealing with unsatisfactory performance, misconduct and serious misconduct
Division 5—Executives
23Who are executives for the purposes of this Division?
24Who are employers for the purposes of this Division?
25Executive employment governed by contract
25ARemuneration of executives
26Contracts and existing employees
27Right of return
Division 6—Mobility of employees
28Transfer directed by public service body Head or public entity
29Transfer of public service body Head to other duties
30Machinery of government transfers
31Transfer does not affect employment continuity
31AAssignment of duties to employees
31BContinuity of certain entitlements of former public sector employee
Division 7—Restriction on employees doing other work
32Restriction on employees doing other work
Division 8—Termination
33Termination of employment (non-executives)
34Termination of employment (executives)
35No compensation on termination of employment, etc.
Division 9—General
36Operation of Part
Part 3A—Administrative guidelines
36AAdministrative guidelines
Part 4—Victorian Public Sector Commission
Division 1—The Commission
37Establishment of Commission
38Objectives of Commission
39Functions of Commission—public sector efficiency, effectiveness and capability
40Functions of Commission—public sector professionalism and integrity
41Powers of Commission
42Obligations of public sector bodies
Division 2—Victorian Public Sector Commissioner
43Appointment of Commissioner
44Terms and conditions of appointment
45Vacancy and resignation
46Removal from office
47Acting Commissioner
48Functions of Commissioner
49Delegation
50Conflict of interest
51Staff
Division 3—Advisory Board
52Establishment and constitution of Advisory Board
53Appointment of members of Advisory Board
54Role and functions of Advisory Board
55Meetings and procedures of Advisory Board
Division 4—Inquiries
56Inquiries
57Manner of conducting inquiries
58Evidence and representation
59Reports of inquiries
60Bodies with judicial or quasi-judicial functions
60ARoyal Commissions, Boards of Inquiry and Formal Reviews
Division 4A—Ancillary provisions for inquiries
60BDefinitions
60CPower to compel production of documents and other things or attendance of witness
60DService of notice to produce or notice to attend
60EOffence to fail to comply with a notice to produce or attend
60FOffence to fail to take oath, make affirmation or answer question
60GStatutory secrecy and confidentiality provisions
60HProtection of participants
60IPractice directions, statements and notes
Division 5—Maintaining public sector professionalism and integrity
Subdivision 1—Codes of conduct and standards
61Codes of conduct
62Standards concerning public sector employment principles
63Oversight of compliance with public sector values, codes of conduct, public sector employment principles and standards
Subdivision 2—Reviews of employment related actions
64Review of actions
65Recommendations following review
Subdivision 3—Registers
66Register of lobbyists
67Register of instruments
Division…