Public Administration Act 2004 (Vic)

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 6—Annual plan, strategic plan and annual report

68Annual plan

69Strategic plan

70Annual report

Division 7—Application of other Acts

71Application of Freedom of Information Act 1982

72Application of Part 7A of Financial Management Act 1994

Division 8—The Commission and the IBAC

73Mandatory notification of corrupt conduct to IBAC

74Consultation prior to notification

74ACommunication of information to the IBAC

74BCommission not to prejudice investigations of the IBAC

Part 5—Operation of public entities

Division 1—Preliminary

75Application of Part

76This Part to prevail

Division 2—Governance principles

77Application of Division

78Other duties not affected

79Duties of directors

80Duties of chairperson

81Duties of entity

82Public entity not to make loans to directors

83Sub-committees

84Subsidiaries

85Accountability

86Injunctions

87Public entity or Minister may bring proceedings

Division 3—Removal, suspension or standing down of directors

88Application of Division

89Power to remove or suspend directors

90Standing down of director of quasi-judicial entity

Division 4—General

91Application of Division

92Power to make public entities subject to specified whole of government policies

93Requirement to provide financial information

94Requirement to provide non-financial information

95Documents required to be kept by standard entities

96Documents required to be kept by small entities

97Documents required to be kept by advisory entities

Part 5A—Communication and advertising by public sector bodies

97AObjects of this Part

97BPurpose for publication of public sector communication to be in public interest

97CPublic sector communication standards

97DAdvertising public sector communication on television

97EAdvertising standards and advertising requirements for public sector communication generally

Part 6—Employment of Ministerial officers, Parliamentary advisers and judicial employees

Division 1—Ministerial officers

98Employment of Ministerial officers

98AContinuity of certain entitlements of former Ministerial officer

Division 2—Parliamentary advisers

99Employment of Parliamentary advisers

99AContinuity of certain entitlements of former Parliamentary adviser

100Delegation

Division 3—Judicial employees

101Judicial employees

102Employment of judicial employees

103Termination of employment as judicial employee

Part 7—Declared authorities

104What are declared authorities?

105Application of Act to declared authorities

Part 7A—Employer powers in emergency situations

105ADeclaration of emergency situation

105BPeriod of operation of declaration

105CVariation, extension or revocation of declaration

105DReport to Parliament

105EPowers of public sector body Heads in emergency situations

Part 8—Miscellaneous

106Act not to apply to certain persons

107Protection from reprisal

108Proceedings for damages for reprisal

109Delegation by Premier and public service body Minister

110Exercise of functions in person's absence

112Regulations

115Privileges of former members of Parliament and unsuccessful Parliamentary candidates

115ASalary sacrifice by office holders

116Saving and transitional provisions

117Transitional provision—repeal of Subdivision 5A of Division 2 of Part 4

118Savings and transitional provisions—Public Administration Amendment (Public Sector Improvement) Act 2014

119Transitional provision—Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019

Schedules

Schedule 1—Privileges of former members of Parliament and unsuccessful Parliamentary candidates

Schedule 1A—Salary sacrifice by office holders

Schedule 2—Saving and transitional provisions

Schedule 3—Savings and transitional provisions—Public Administration Amendment (Public Sector Improvement) Act 2014

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 090

Public Administration Act 2004

No. 108 of 2004

Version incorporating amendments as at

1 July 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are to—

(a)provide a framework for good governance in the Victorian public sector and in public administration generally in Victoria;

(b)establish the Victorian Public Sector Commission.

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2Commencement

(1)Subject to subsection (2), this Act (including the items in Schedule 3) comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 January 2006, it comes into operation on that day.

3Objects

The objects of this Act are—

(a)to ensure the maintenance of an apolitical public sector;

(b)to foster a public sector that—

(i)responds to government priorities in a manner that is consistent with public sector values;

(ii)provides effective, efficient and integrated service delivery;

(iii)is accountable for its performance;

(c)to establish values and principles to guide conduct and performance within the public sector;

(d)to ensure that employment decisions in the public sector are based on merit;

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(e)to promote the highest standards of governance in the public sector;

(f)to promote the highest standards of integrity and conduct for persons employed within the public sector;

(g)to strengthen the professionalism and adaptability of the public sector;

(h)to promote knowledge and understanding of good public administration within the Victorian community;

(i)to establish standards and impose requirements for communication and advertising by public sector bodies.

4Definitions

(1)In this Act—

action includes a refusal or failure to take an action;

Administrative Office means a body or group existing as an Administrative Office in relation to a Department by virtue of an Order made under section 11;

Administrative Office Head means a person employed as an Administrative Office Head under section 12;

advertise means publish by the purchase of media placement;

advisory entity means a public entity that does not have any function to exercise other than the provision of advice or a report to any person or body;

appropriate public service body Head means—

(a)in relation to a public service body—the public service body Head; or

(b)in relation to an employee—the Head of the public service body to which that employee belongs;

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board, in relation to a public entity, means—

(a)in the case of a public entity that has a governing body (by whatever name called), that governing body; and

(b)in any other case, the members of the public entity or, in the case of a Commissioner entity, the person who comprises the Commissioner entity;

Board of Inquiry has the same meaning as in the Inquiries Act 2014;

candidate has the same meaning as in section 3 of the Electoral Act 2002;

chairperson, in relation to a public entity other than a Commissioner entity, means the person who presides at meetings of the public entity or, in the case of a public entity that has a governing body, at meetings of that governing body;

Chief Executive Officer of Court Services Victoria means the person holding the office or performing the duties of the Chief Executive Officer of Court Services Victoria;

code of conduct means a code of conduct issued under section 61;

Commission means the Victorian Public Sector Commission established under section 37;

Commissioner means the Victorian Public Sector Commissioner appointed under section 43;

Commissioner entity means a public entity that consists of, or the governing body of which consists of, only one person;

corrupt conduct has the meaning given in section 4 of the Independent Broad-based Anti-corruption Commission Act 2011;

Councillor has the same meaning as it has in section 3(1) of the Local Government Act 2020;

Court Chief Executive Officer means a person holding the office or performing the duties of a Court Chief Executive Officer under the Court Services Victoria Act 2014;

Court Services Victoria means Court Services Victoria established under section 5 of the Court Services Victoria Act 2014;

declared authority means an authority specified in an Order made under section 104(2)(a);

Department means a Department existing by virtue of an Order made under section 10;

Department Head means a person employed as a Department Head under section 12;

detrimental action includes—

(a)action causing injury, loss or damage; and

(b)intimidation or harassment;

director, in relation to a public entity, means a member of the board of the public entity;

election has the same meaning as in section 3 of the Electoral Act 2002;

employee means a person employed under Part 3 in any capacity and includes a public service body Head;

executivemeans a person employed under Part 3 as a public service body Head or other executive;

exempt body means—

(a)a committee established under the Parliamentary Committees Act 2003; or

(b)a Council within the meaning of the Local Government Act 2020; or

(c)a court; or

(ca)Court Services Victoria; or

(cb)the Judicial Commission of Victoria established under the Constitution Act 1975; or

(d)the Office of Public Prosecutions or the Director's Committee within the meaning of the Public Prosecutions Act 1994;

(e)a university within the meaning of the Education and Training Reform Act 2006; or

(f)a body to which, or to the governing body of which, the government of another jurisdiction, or a person appointed or body established under the law of another jurisdiction, has the right 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;

Formal Review has the same meaning as in the Inquiries Act 2014;

IBAC means the Independent Broad-based Anti-corruption Commission established under section 12 of the Independent Broad-based Anti-corruption Commission Act 2011;

IBAC personnel has the same meaning as it has in the Integrity Oversight Victoria Act 2011;

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);

Parliamentary Integrity Adviser means the person appointed under section 91 of the Parliamentary Workplace Standards and Integrity Act 2024;

Parliamentary Workplace Standards and Integrity Commission means the body established by section 42 of the Parliamentary Workplace Standards and Integrity Act 2024;

police officer has the same meaning as in the Victoria Police Act 2013;

political party has the same meaning as in section 3 of the Electoral Act 2002;

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;

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;

public official means—

(a)a public sector employee;

(b)a person employed under Division 3 of Part 6;

(c)a Parliamentary officer within the meaning of the Parliamentary Administration Act 2005;

(d)the holder of a statutory office or a prerogative office;

(e)a director of a public entity—

but does not include—

(f)the Governor or the Lieutenant-Governor;

(g)a judge, a magistrate, a coroner or a member of VCAT;

(h)a responsible Minister of the Crown or a Parliamentary Secretary;

(i)the President of the Legislative Council or the Speaker of the Legislative Assembly;

(j)a Ministerial officer employed under Division 1 of Part 6;

(k)a commissioner of a Royal Commission;

(l)a member of a Board of Inquiry or Formal Review;

public sector means the sector that comprises—

(a)the public service; and

(b)public entities; and

(c)special bodies;

public sector body means—

(a)a public service body; or

(b)a public entity; or

(c)a special body;

public sector body Head means—

(a)in relation to a public service body, the public service body Head;

(b)in relation to a public entity, the public entity Head;

(c)in relation to a special body, the special body Head;

public sector communication means any information, material or message published by or on behalf of a public sector body;

public sector employee means—

(a)an employee; or

(b)a person employed by a public entity or special body;

public sector employment principles means the principles set out in section 8;

public sector values means the values set out in section 7;

public service means the public service of Victoria under Part 3;

public service body means—

(a)a Department; or

(b)an Administrative Office; or

(c)the Victorian Public Sector Commission;

public service body Head means—

(a)in relation to a Department—the Head of that Department; or

(b)in relation to an Administrative Office—the Head of that Administrative Office; or

(c)in relation to the Victorian Public Sector Commission—the Victorian Public Sector Commissioner;

public service body Minister means—

(a)in relation to a public service body—the Minister responsible for the public service body; or

(b)in relation to an employee—the Minister responsible for the public service body to which the employee belongs;

publishmeans disseminate to the public by any means, including by—

(a)publication in a book, newspaper, magazine or other written publication; or

(b)broadcast by radio or television; or

(c)public exhibition; or

(d)electronic communication;

Royal Commission means—

(a)a Royal Commission established under the Inquiries Act 2014; or

(b)a Royal Commission established under the prerogative of the Crown;

small entity means a public entity that—

(a)satisfies any criteria relating to assets, income or turnover prescribed for the purposes of this paragraph; or

(b)has no control over the expenditure of public funds—

but does not include a public entity, or a class of public entity, that is declared under section 75(c) not to be a small entity for the purposes of Part 5;

special body has the meaning given in section 6;

special body Head means chief executive officer (by whatever name called) of a special body;

standard means standard issued under section 62(1);

standard entity means a public entity other than—

(a)an advisory entity; or

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(c)except in section 95, a public entity that exercises functions that are of a quasi-judicial 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;

Tribunalmeans the Victorian Independent Remuneration Tribunal established under section 4 of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019;

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.

5What are public entities?

(1)For the purposes of this Act a public entity is a body, whether corporate or unincorporated—

(a)that is established—

(i)by or under an Act (other than a private Act) or the Corporations Act; or

(ii)by the Governor in Council; or

(iii)by a Minister; and

(b)in the case of a body corporate, the right to appoint at least one half of the directors of which is vested in the Governor in Council or a Minister or could have been so vested in the case of a body corporate established by an Order made by the Governor in Council or a Minister under the power given by the Act under which the Order is made; and

(c)that has a public function to exercise on behalf of the State or is wholly owned by the State; and

(d)in the case of a body that does not have any function to exercise other than the provision of advice or a report to any person or body—

(i)has written terms of reference guiding its operation; and

(ii)is required to provide the advice or report to a Minister or the Government; and

(iii)is declared to be a public entity for the purposes of this Act—

(A)by the Act or subordinate instrument or other document under which it is established; or

(B)by an Order under subsection (3)—

but does not include—

(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

(fa)a Royal Commission, Board of Inquiry or Formal Review; or

(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.

(1A)To avoid doubt and without limiting subsection (1), the following are public entities for the purposes of this Act—

(a)a TAFE institute within the meaning of the Education and Training Reform Act 2006;

(b)AMES Australia within the meaning of the Education and Training Reform Act 2006.

(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.

(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.

(4)If an exempt body is a public entity for the purposes of this Act in a capacity other than its capacity as an exempt body, nothing in this Act that applies to the body as a public entity applies to the body in its capacity as an exempt body.

Example

A municipal council is appointed as a committee of management under section 14(2) of the Crown Land (Reserves) Act 1978. As a committee of management the municipal council is a public entity as it is established under an Act with a public function to exercise on behalf of the State. It is not, however, a public entity in its ordinary role as a municipal council because, in that role, it is an exempt body and exempt bodies are not public entities.

(5)If—

(a)a provision of an Act other than this Act has the effect that a body (an advisory body) or a member of an advisory body or of the governing body (by whatever name called) of an advisory body is not subject to this Act—

(i)other than Part 5; or

(ii)other than Part 5 or except in accordance with Part 7; and

(b)the advisory body does not have any function to exercise other than the provision of advice or a report to any person or body—

despite the provision of that other Act, the advisory body is not a public entity for the purposes of this Act unless the requirements of subparagraphs (i), (ii) and (iii) of subsection (1)(d) are satisfied in respect of it.

(6)If a provision of an Act other than this Act has the effect that a body (a relevant body) or a member of a relevant body or of the governing body (by whatever name called) of a relevant body is not subject to this Act—

(a)other than Part 5; or

(b)other than Part 5 or except in accordance with Part 7—

despite the provision of that other Act, the relevant body may be declared by an Order under subsection (2) not to be a public entity for the purposes of this Act.

6What are special bodies?

(1)Subject to subsection (4), for the purposes of this Act the following are special bodies—

(a)a department of the Parliament of Victoria;

(aaa)the Parliamentary Workplace Standards and Integrity Commission;

(aaab)the office of the Parliamentary Integrity Adviser;

(aa)the IBAC within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011;

(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;

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(c)the office of the Health Complaints Commissioner within the meaning of the Health Complaints Act 2016;

(d)the office of the Ombudsman;

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(f)the Office of the Victorian Information Commissioner;

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(gaa)the office of the Victims of Crime Commissioner;

(ga)the Mental Health and Wellbeing Commission;

(gb)the Mental Health Tribunal;

(gc)the Tribunal;

(h)VCAT;

(i)the Victorian Auditor-General's Office;

(ia)the Victorian Disability Worker Commissioner;

(j)the Victorian Electoral Commission;

(ja)Integrity Oversight Victoria within the meaning of the Integrity Oversight Victoria Act 2011;

(k)Victoria Police;

(l)a body that is declared by an Order under subsection (2) to be a special body for the purposes of this Act.

(2)The Governor in Council may, by Order published in the Government Gazette, declare a body to be a special body for the purposes of this Act.

(3)An Order cannot be made under subsection (2) in relation to an exempt body.

(4)The Governor in Council may, by Order published in the Government Gazette, declare a body specified in any paragraph of subsection (1) not to be a special body for the purposes of this Act and, while that Order is in force, this Act has effect as if that paragraph were not included in subsection (1).

PART 2—PUBLIC SECTOR VALUES AND EMPLOYMENT PRINCIPLES

7Public sector values

(1)The following are the public sector values—

(a)responsiveness—public officials should demonstrate responsiveness by—

(i)providing frank, impartial and timely advice to the Government; and

(ii)providing high quality services to the Victorian community; and

(iii)identifying and promoting best practice;

(b)integrity—public officials should demonstrate integrity by—

(i)being honest, open and transparent in their dealings; and

(ii)using powers responsibly; and

(iii)reporting improper conduct; and

(iv)avoiding any real or apparent conflicts of interest; and

(v)striving to earn and sustain public trust of a high level;

(c)impartiality—public officials should demonstrate impartiality by—

(i)making decisions and providing advice on merit and without bias, caprice, favouritism or self-interest; and

(ii)acting fairly by objectively considering all relevant facts and fair criteria; and

(iii)implementing Government policies and programs equitably;

(d)accountability—public officials should demonstrate accountability by—

(i)working to clear objectives in a transparent manner; and

(ii)accepting responsibility for their decisions and actions; and

(iii)seeking to achieve best use of resources; and

(iv)submitting themselves to appropriate scrutiny;

(e)respect—public officials should demonstrate respect for colleagues, other public officials and members of the Victorian community by—

(i)treating them fairly and objectively; and

(ii)ensuring freedom from discrimination, harassment and bullying; and

(iii)using their views to improve outcomes on an ongoing basis;

(f)leadership—public officials should demonstrate leadership by actively implementing, promoting and supporting these values;

(g)human rights—public officials should respect and promote the human rights set out in the Charter of Human Rights and Responsibilities by—

(i)making decisions and providing advice consistent with human rights; and

(ii)actively implementing, promoting and supporting human rights.

(2)Subject to subsections (3) and (3A), a public sector body Head must promote the public sector values to public officials employed in the body and ensure that any statement of values adopted or applied by the body is consistent with the public sector values.

(3)Subsection (2), in its application to a special body or with respect to a person employed under Division 3 of Part 6 by a public service body Head, does not extend to the public sector values referred to in subsections (1)(a)(i) and (1)(c)(iii).

(3A)Subsection (2), in its application to a public entity that exercises functions that are of a quasi-judicial nature or with respect to a director of such a public entity in the exercise of such functions, does not extend to the public sector values referred to in subsections (1)(a)(i) and (1)(c)(iii).

(4)Nothing in subsection (1)—

(a)creates in any person any legal right or gives rise to any civil cause of action; or

(b)subject to subsection (5), affects the rights or liabilities of—

(i)a public official; or

(ii)a public sector body.

(5)Subsection (4) does not affect the status or enforcement in accordance with this Act of a code of conduct or any other instrument created under this Act that is based on the public sector values.

8Public sector employment principles

Public sector body Heads must establish employment processes that will ensure that—

(a)employment decisions are based on merit; and

(b)public sector employees are treated fairly and reasonably; and

(c)equal employment opportunity is provided; and

(ca)human rights as set out in the Charter of Human Rights and Responsibilities are upheld; and

(d)public sector employees have a reasonable avenue of redress against unfair or unreasonable treatment; and

(e)in the case of public service bodies, the development of a career public service is fostered.

PART 3—PUBLIC SERVICE EMPLOYMENT

Division 1—Structure

9The public service

The public service of Victoria consists of the persons employed under this Part.

Division 2—Public service bodies

10Departments

The Governor in Council may, by Order published in the Government Gazette—

(a)establish a Department; or

(b)abolish a Department; or

(c)change the name of a Department.

11Administrative Offices

The Governor in Council may, by Order published in the Government Gazette—

(a)establish a body or group as an Administrative Office in relation to a Department; or

(b)abolish an Administrative Office; or

(c)change the name of an Administrative Office.

Note

A public service body is defined in section 4(1) as being a Department, an Administrative Office or the Victorian Public Sector Commission. This Division provides for the establishment of Departments and Administrative Offices. The Victorian Public Sector Commission is established by Part 4.

Division 3—Public service body Heads

12Public service body Heads

(1)Each Department shall have a Department Head and each Administrative Office shall have an Administrative Office Head.

(2)Subject to subsection (3), the Premier, on behalf of the Crown, may employ a person as a Department Head or Administrative Office Head.

(3)Only a person approved by the Governor in Council may be employed as the Head of an Administrative Office established to service the office of Governor.

13General responsibility of Department Heads

A Department Head is responsible to the public service body Minister or Ministers for the general conduct and the effective, efficient and economical management of the functions and activities of—

(a)the Department; and

(b)any Administrative Office existing in relation to the Department—

and must advise the public service body Minister or Ministers in all matters relating to the Department and any such Administrative Office.

13AResponsibility of Department Heads—public entities

(1)For the purposes of this section, a public entity is a relevant public entity in relation to a Department Head if the Minister who has responsibility for the public entity is also a Minister who has responsibility for the Department.

(2)A Department Head is responsible for—

(a)advising the public service body Minister or Ministers on matters relating to a relevant public entity, including the discharge by the public entity of its responsibilities, including those under this or any other Act; and

(b)working with, and providing guidance to, each relevant public entity to assist the entity on matters relating to public administration and governance.

(3)Unless prohibited from doing so by or under any law, a relevant public entity must provide to the Department Head any information required by the Department Head to enable the Department Head to comply with subsection (2)(a).

(4)Nothing in this section authorises or permits a Department Head to direct or control a relevant public entity or public entity Head in the performance of the functions conferred on the public entity or the public entity Head under this or any other Act.

14Responsibility of Administrative Office Heads

(1)An Administrative Office Head is responsible to the Head of the Department in relation to which the Administrative Office exists for the general conduct and the effective, efficient and economical management of the functions and activities of the Administrative Office and must advise that Department Head in all matters relating to the Administrative Office.

(2)Subsection (1) does not apply to functions conferred on an Administrative Office Head by or under an Act other than this Act.

(3)An Administrative Office Head has, in relation to an Administrative Office, the same functions as a Department Head has in relation to a Department.

15Duty to act independently in employment matters

(1)A public service body Head is not subject to direction in relation to the exercise of his or her employer powers referred to in section 20 in respect of any individual but must act independently.

(2)This section has effect despite sections 13 and 14 but is subject to any other express provision to the contrary in this Act.

16Persons with functions of public service body Head

(1)Despite anything to the contrary in this Act, the following office holders have all the functions of a public service body Head in relation to employees in the following offices or bodies—

(aa)the Chair (within the meaning of the Parliamentary Workplace Standards and Integrity Act 2024) in relation to the Parliamentary Workplace Standards and Integrity Commission;

(a)the Auditor-General in relation to the Victorian Auditor-General's Office;

(b)the Chairperson within the meaning of the Essential Services Commission Act 2001 in relation to the office of the Essential Services Commission;

(baa)the chairperson of the Board of the Family Violence Prevention Agency within the meaning of the Prevention of Family Violence Act 2018 in relation to the Family Violence Prevention Agency;

(baab)the chairperson within the meaning of the Suburban Rail Loop Act 2021 in relation to the Suburban Rail Loop Authority;

*                *                *                *                *

(c)the Chief Commissioner of Police in relation to Victoria Police;

Note

Section 106(i) provides that this Act (except to the extent it expressly provides otherwise) does not apply to a police officer, police reservist, police recruit or protective services officer under the Victoria Police Act 2013.

(ca)the Chief Executive Officer of the IBAC in relation to the office of the IBAC within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011;

(d)the Commissioner for Environmental Sustainability in relation to the office of the Commissioner under the Commissioner for Environmental Sustainability Act 2003;

(e)the Chairperson in relation to the Environment Protection Authority within the meaning of the Environment ProtectionAct 2017;

(f)the Electoral Commissioner in relation to the office of the Victorian Electoral Commission;

*                *                *                *                *

(fa)the Chief Integrity Inspector in relation to Integrity Oversight Victoria within the meaning of the Integrity Oversight Victoria Act 2011;

(fb)the Commissioner of the Wage Inspectorate Victoria in relation to the Wage Inspectorate Victoria within the meaning of the Wage Theft Act 2020;

*                *                *                *                *

(g)the Victorian Legal Services Commissioner in relation to the office of the Victorian Legal Services Commissioner;

(h)the Ombudsman in relation to the office of the Ombudsman;

(i)the Information Commissioner in relation to the Office of the Victorian Information Commissioner;

*                *                *                *                *

(j)the Solicitor for Public Prosecutions in relation to Associate Crown Prosecutors appointed under section 37 of the Public Prosecutions Act 1994 and the Office of Public Prosecutions;

(ja)the chairperson of Infrastructure Victoria in relation to the office of Infrastructure Victoria within the meaning of the Infrastructure Victoria Act 2015;

(k)the chairperson within the meaning of the Cladding Safety Victoria Act 2020 in relation to Cladding Safety Victoria;

(ka)the Road Safety Camera Commissioner in relation to the office of the Road Safety Camera Commissioner;

(kb)the Principal Commissioner within the meaning of the Commission for Children and Young People Act 2012 in relation to the office of the Commission for Children and Young People;

(kc)the chief executive officer within the meaning of Division 3 of Part 2 of the Game Management Authority Act 2014 in relation to the office of the Game Management Authority;

(kd)the chief executive officer of the Victorian Fisheries Authority within the meaning of the Victorian Fisheries Authority Act 2016 in relation to the office of the Victorian Fisheries Authority;

(ke)the chairperson within the meaning of the Long Service Benefits Portability Act 2018 in relation to the Portable Long Service Benefits Authority;

(kf)the Victorian Disability Worker Commissioner in relation to the office of the Commissioner under the Disability Service Safeguards Act 2018;

(kg)the Social Services Regulator appointed under section 4 of the Social Services Regulation Act 2021 in relation to the Office of the Social Services Regulator;

(l)the office holder specified, in relation to the office specified, in an Order made under subsection (3) for the purposes of this paragraph;

(m)the Labour Hire Licensing Commissioner within the meaning of the Labour Hire Licensing Act 2018 in relation to the office of the Labour Hire Licensing Authority;

(n)the chairperson (within the meaning of the Mental Health and Wellbeing Act 2022) in relation to the Victorian Collaborative Centre for Mental Health and Wellbeing;

(o)the Chair of the Mental Health and Wellbeing Commission within the meaning of the Mental Health and Wellbeing Act 2022 in relation to the Mental Health and Wellbeing Commission;

(p)the chairperson within the meaning of the Victorian Institute of Forensic Medicine Act 2024 in relation to the Victorian Institute of Forensic Medicine.

(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—

(a)a public service body or the public service were a reference to that office or body; and

(b)an employee were a reference to an employee in that office or body; and

(c)an executive were a reference to a person employed in that office or body as an executive; and

(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.

17Performance review of public service body Heads

(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.

(2)In exercising its functions under subsection (1), the Victorian Public Sector Commission must report to the Premier on the manner and extent to which the public service body Head is fulfilling all of the requirements imposed on him or her, whether under this Act or otherwise.

18Delegation

(1)A public service body Head may, by instrument, delegate to any person or persons or body any of his or her functions under this Act, including any function delegated to him or her under this Act.

(2)A delegate of a function under subsection (1) may, subject to any conditions to which the delegation is subject, sub-delegate that function to any other person or persons or body if the instrument of delegation authorises its sub-delegation.

(3)Sections 42 and 42A of the Interpretation of Legislation Act 1984 apply to a sub-delegation authorised by this section in the same way as they apply to a delegation.

19Acting assignment as public service body Head

(1)The Premier may assign any person to act as a public service body Head if no-one is currently employed as that public service body Head or the person so employed is suspended from duty or is sick or absent.

(2)A person, while acting as a public service body Head, has all the functions of the public service body Head but is not, only because of that assignment, to be taken to be an executive for the purposes of this Act.

(3)The Premier may, at any time, terminate the assignment of a person as a public service body Head.

(4)This section does not apply to the Victorian Public Sector Commission or the Victorian Public Sector Commissioner.

Division 4—Employees

20Employment and retirement

(1)A public service body Head, on behalf of the Crown, has all the rights, powers, authorities and duties of an employer in respect of the public service body and employees in it.

*                *                *                *                *

(3)A public service body Head, in exercising a right, power, authority or duty referred to in this section, must do so in conformity with—

(a)the public sector values; and

(b)any binding code of conduct; and

(c)the public sector employment principles; and

(d)standards issued by the Victorian Public Sector Commission; and

(e)any other relevant provisions of this Act or the regulations.

(4)An employee may retire from the public service on reaching the age of 55 years.

*                *                *                *                *

22Dealing with unsatisfactory performance, misconduct and serious misconduct

The regulations may—

(a)establish procedures for dealing with allegations of unsatisfactory performance, misconduct and serious misconduct; and

(b)empower the imposition of penalties for misconduct or serious misconduct which may include reduction in salary or classification or both, suspension or dismissal.

Division 5—Executives

23Who are executives for the purposes of this Division?

(1)A person is an executive for the purposes of this Division if he or she—

(a)is employed as an executive under this Part; or

(b)holds a statutory office which is a declared authority; or

(c)holds a prerogative office which is a declared authority; or

(d)is employed by a declared authority and the Governor in Council, by Order published in the Government Gazette, has declared that employment to be employment as an executive.

(2)An Order under subsection (1)(d) must specify the person or body that is to be the employer of the executive for the purposes of this Division.

(3)The Governor in Council may, by Order published in the Government Gazette, revoke or amend any declaration under subsection (1)(d).

(4)If a person ceases to be an executive because of an Order made under subsection (3), the person's employment by the declared authority is not thereby terminated.

(5)An Order made under subsection (1)(d) or (3) may contain provisions of a savings or transitional nature consequent on a person becoming or ceasing to be an executive.

24Who are employers for the purposes of this Division?

The employer of an executive for the purposes of this Division is—

(a)in the case of a public service body Head—the Premier;

(ab)in the case of the Solicitor for Public Prosecutions—the Director of Public Prosecutions;

(ac)in the case of the Chief Executive Officer of Court Services Victoria or a Court Chief Executive Officer—the Courts Council within the meaning of the Court Services Victoria Act 2014;

(b)in the case of any other executive employed under this Part—the appropriate public service body Head;

(c)in the case of an executive referred to in section 23(1)(b) or (c)—the person or body specified in an Order made under section 105(2)(b) as having the functions of a public service body Head in relation to the relevant declared authority;

(d)in the case of any other executive—the person or body declared by the Governor in Council in an Order made under section 23(1)(d) to be the employer of the executive.

25Executive employment governed by contract

(1)Subject to this Act, the employment of an executive shall be governed by a contract of employment between the executive and his or her employer.

(2)A contract must be in writing and be signed by or on behalf of the employer and the executive.

(3)A contract must specify the date on which it expires which must not be more than 5 years after the date on which it came into force.

(4)The remuneration paid to an executive under a contract of employment—

(a)must be within the relevant remuneration band in a Determination made by the

Tribunal; or

(b)may exceed the maximum of the relevant remuneration band only if the employer of the executive has obtained the advice of the Tribunal under section 37 of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019.

(5)A contract of employment may be varied at any time by a further contract between the parties but its term may not be increased beyond 5 years.

(6)If, at the time of entering into a contract of employment, an executive was not employed in the employment or appointed to the office to which the contract relates, then the contract constitutes his or her instrument of employment or appointment for the purposes of this and any other Act.

(7)If, at the time of entering into a contract of employment, an executive was employed in the employment or appointed to the office to which the contract relates, then the contract constitutes a new instrument of employment or appointment, and replaces any earlier instrument of employment or appointment, for the purposes of this and any other Act.

25ARemuneration of executives

The approval of the Premier is required in respect of the remuneration to be paid to the following classes of executives—

(a)public service body Heads;

*                *                *                *                *

(c)a prescribed class of executives.

26Contracts and existing employees

(1)A person who becomes eligible to be an executive because of the employment in which he or she is then employed or the office which he or she then holds may elect to enter into a contract of employment relating to that employment or office at any time up until the end of 3 months after the date on which he or she became so eligible.

(2)A person who makes an election in accordance with subsection (1) is entitled to be offered a contract of employment.

(3)The employment or appointment of a person referred to in subsection (1) who chooses not to elect to enter into a contract of employment is not thereby terminated and he or she continues in that employment or office on the same terms and conditions as before and with the benefit of all accrued or accruing rights but ceases to be entitled to any performance-related incentive payments.

(4)This section does not apply to a person to whom it otherwise would apply because of the making of an Order under section 23(1)(d) if that Order specifies that it is not to apply.

27Right of return

(1)An executive who—

(a)immediately before his or her first employment as an executive (whether before or after the commencement of this section) was a non-executive employee; and

(b)since that first employment has been continuously employed as an executive—

is entitled, on ceasing to be employed as an executive for any reason on the initiative of the employer (other than where his or her employment was terminated for misconduct within the meaning of section 22) or because of the expiry of his or her contract of employment, to be employed as a non-executive employee in the public service body in which he or she was last employed as an executive.

(2)The employment to which a former executive is entitled under this section is employment in the highest classification of non-executive role—

(a)at the mid-point of that classification; or

(b)if employment at that mid-point would result in the former executive being employed at a higher total remuneration level than that at which he or she was last employed as an executive, at the highest point of that classification that would not have that result.

(3)The regulations may specify how the total remuneration level at which a former executive was last employed as an executive is to be determined for the purposes of this section.

(4)A former executive may, whether in consideration of the making of any payment to him or her or otherwise, waive in writing his or her entitlement under this section to employment in a public service body.

(5)A former executive who elects to exercise his or her entitlement under this section to employment in a public service body is not entitled to any payment in lieu of notice on the termination of his or her contract of employment as an executive, despite anything to the contrary in that contract.

Note

Section 16(2) sets out how this section applies to an office or body covered by section 16(1). The public service body to which an executive employed in such an office or body may have a right of return under this section is that office or body.

Division 6—Mobility of employees

28Transfer directed by public service body Heador public entity

(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.

(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.

(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.

29Transfer of public service body Head to other duties

(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 Commissioner, transfer a public service body Head to other duties in that public service body or another public service body or in a public entity on terms and conditions of employment that are no less favourable overall.

(2)This section does not apply to the Official Secretary unless the Governor in Council, by Order published in the Government Gazette, declares that it applies.

30Machinery of government transfers

(1)This section applies if a function is transferred—

(a)from one public service body to another public service body; or

(b)from a public service body to a public entity; or

(c)from a public entity to a public service body.

(1A)On the transfer of the function, the Premier may, in writing, declare that any employee necessary to carry out, or support the carrying out of, that function is transferred to duties in the public service body or public entity to which the function was transferred on terms and conditions of employment that are no less favourable overall.

(1B)A transfer under this section may be permanent or for a fixed term.

(2)On the making of a declaration under subsection (1A), the transfer is deemed to take place.

(3)A declaration under subsection (1A) may be made in respect of an individual employee or a group of employees.

(4)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.

31Transfer does not affect employment continuity

(1)This section applies to a transfer of—

(a)an employee of a public service body—

(i)to other duties in a public service body; or

(ii)to duties in another public service body or a public entity; or

(b)an employee of a public entity to duties in a public service body.

(2)This section applies whether the transfer is made under section 28, 29 or 30 or at the initiative of the employee or otherwise.

(3)The transfer of the employee does not constitute a resignation or termination of employment and the post-transfer service is to be regarded as continuous with the pre-transfer service.

31AAssignment of duties to employees

A public service body Head may assign to an employee in the public service body duties consistent with his or her employment classification, skills and capabilities.

31BContinuity of certain entitlements of former public sector employee

If within the period of 12 months after ceasing to be employed as a public sector employee, a person becomes employed—

(a)as an electorate officer under section 30 of the Parliamentary Administration Act2005; or

(b)as a Ministerial officer under section 98; or

(c)as a Parliamentary adviser under section 99—

the period of service as a public sector employee is to be recognised in determining any entitlements accruing as a result of becoming so employed in respect of which continuity of service is relevant unless the entitlement was paid out upon ceasing to be employed as a public sector employee.

Division 7—Restriction on employees doing other work

32Restriction on employees doing other work

(1)Except with the express permission of the Premier in the case of a public service body Head or of the appropriate public service body Head in the case of any other employee, a full-time employee must not—

(a)engage in any other paid employment; or

(b)carry on any business, profession or trade.

(2)A part-time employee must not engage in any other paid employment or carry on any business, profession or trade that, in the opinion of the Premier in the case of a public service body Head or of the appropriate public service body Head in the case of any other employee, conflicts with the proper performance of the employee's duties.

(3)Permission given to an employee under this section may be withdrawn by notice in writing given to the employee by the Premier or the appropriate public service body Head (as the case requires).

(4)Nothing in this section prevents an employee from—

(a)holding shares, or an interest in shares, in a company (within the meaning of the Corporations Act); or

(b)becoming a member of an incorporated association within the meaning of the Associations Incorporation Reform Act2012.

Division 8—Termination

33Termination of employment (non-executives)

(1)The appropriate public service body Head may terminate the employment of a non-executive employee—

(a)on the ground of redundancy; or

(b)if the employee refuses a transfer to other duties under Division 6; or

(c)if the employee is found guilty of a criminal offence punishable by imprisonment, including an offence committed before, but not dealt with until after, the employee became an employee; or

(d)on the ground of serious misconduct; or

(e)if the public service body Head is satisfied that the employee is inefficient or incompetent in the discharge of his or her duties; or

*                *                *                *                *

(g)if the public service body Head is satisfied that the employee has, in connection with his or her application for employment, given false or misleading information; or

(h)for any other reason consistent with the terms and conditions of his or her employment.

(2)A power of a public service body Head referred to in subsection (1) must be exercised as set out in section 20(3).

34Termination of employment (executives)

(1)Subject to subsection (1A), the appropriate public service body Head or, if the executive is a public service body Head, the Premier, may terminate the employment of an executive for any reason consistent with the terms and conditions of his or her contract of employment.

(1A)The Director of Public Prosecutions may terminate the employment of the Solicitor for Public Prosecutions for any reason consistent with the terms and conditions of his or her contract of employment.

(2)Without affecting any other means of terminating the contract of a public service body Head, the Governor in Council may at any time remove a public service body Head from office and, on that removal, his or her contract of employment is terminated.

(3)A power of a public service body Head referred to in subsection (1) must be exercised as set out in section 20(3).

(4)Despite anything to the contrary in this or any other Act—

(a)if the holder of a statutory or prerogative office which is a declared authority is removed or retires from that office, his or her contract of employment is thereby terminated; and

(b)if the contract of employment of the holder of a statutory office which is a declared authority is terminated under this Act, he or she is deemed, for the purpose of this or any other Act, to have been removed from that office.

(5)Subsection (1) does not apply to the Official Secretary.

35No compensation on termination of employment, etc.

(1)An employee is not entitled to any compensation as a result of—

(a)the termination of his or her employment; or

(b)his or her remuneration being reduced.

(2)Subsection (1) is subject to any relevant—

(a)award or agreement under, or continued in force by, a law of the Commonwealth;

(b)contract of employment;

*                *                *                *                *

(c)directions that may be issued by the Premier.

Division 9—General

36Operation of Part

(1)This Part, to the extent that it relates to persons who are executives for the purposes of Division 5, prevails over any inconsistent provision of any other Act or law (irrespective of when enacted or made) and over any inconsistent terms and conditions applying to the executive's employment, whether under a contract of employment or otherwise.

(2)A provision of this Part applies to an executive referred to in subsection (1) appointed under an Act (irrespective of when enacted) even though that Act excludes the application of this Act, unless it expressly excludes the application of that provision.

PART 3A—ADMINISTRATIVE GUIDELINES

36AAdministrative guidelines

(1)The Secretary to the Department of Premier and Cabinet may issue guidelines in relation to the administrative operations of a public service body or a public entity.

(2)Guidelines under subsection (1) may be issued to—

(a)all public service bodies and public entities; or

(b)a specified public service body or public entity; or

(c)a specified class of public service bodies or public entities.

(3)If a public service body or a public entity to which guidelines have been issued under subsection (1) operates, or intends to operate, in a manner that is inconsistent with those guidelines, the relevant public service body Head or public entity Head must provide written reasons for doing so to the Secretary to the Department of Premier and Cabinet.

(4)For the purposes of this section, the administrative operation of a public service body or public entity does not include the exercise by the public service body or public entity of a discretion in the performance of its functions.

PART 4—VICTORIAN PUBLIC SECTOR COMMISSION

Division 1—The Commission

37Establishment of Commission

(1)The Victorian Public Sector Commission is established.

(2)The Commission is to be constituted by the Victorian Public Sector Commissioner.

38Objectives of Commission

The objectives of the Commission are—

(a)to strengthen the efficiency, effectiveness and capability of the public sector in order to meet existing and emerging needs and deliver high quality services; and

(b)to maintain, and advocate for, public sector professionalism and integrity.

39Functions of Commission—public sector efficiency, effectiveness and capability

(1)In order to give effect to the objective specified in section 38(a), the Commission has the following functions—

(a)to assess and provide advice and support on issues relevant to public sector administration, governance, service delivery and workforce management and development;

(b)to conduct research and disseminate best practice in relation to public sector administration, governance, service delivery and workforce management and development;

(c)to collect and report on whole of government data;

(d)to conduct inquiries as directed by the Premier (see Division 4).

(2)Without limiting subsection (1), the Commission—

(a)must perform any work falling within its functions under subsection (1)(a), (b) or (c) as requested by the Premier; and

(b)may perform any work falling within its functions under subsection (1)(a), (b) or (c) as requested by a Minister or a public sector body.

40Functions of Commission—public sector professionalism and integrity

(1)In order to give effect to the objective specified in section 38(b), the Commission has the following functions—

(a)to advocate for an apolitical and professional public sector;

(b)to issue and apply codes of conduct and standards (see sections 61 and 62);

(c)to monitor and report to public sector body Heads on compliance with the public sector values, codes of conduct, and public sector employment principles and standards (see section 63);

(d)to review employment related actions and make recommendations following those reviews (see sections 64 and 65);

(e)to maintain a register of lobbyists and a register of instruments (see sections 66 and 67).

(2)In performing a function specified in subsection (1)(a), (b), (c) or (d), the Commission is not subject to Ministerial direction or control.

41Powers of Commission

(1)Subject to this Act, the Commission has power to do all things necessary or convenient to be done for or in connection with the performance of its functions under this Act or any other Act.

(2)Without limiting subsection (1), the Commission may require a public sector body to provide any document or information required by the Commission in connection with the performance of its functions.

(3)The Commission may specify the form in which information required under subsection (2) is to be provided.

(4)Information required to be provided to the Commission under subsection (2) may include personal information about an employee of the public sector body.

42Obligations of public sector bodies

(1)A public sector body must cooperate with the Commission in the performance by the Commission of any of its functions.

(2)A public sector body must—

(a)provide to the Commission any document and any information required under section 41(2); and

(b)in the case of information required to be provided in a form specified under section 41(3), provide the information in that form.

Division 2—Victorian Public Sector Commissioner

43Appointment of Commissioner

(1)The Governor in Council, on the recommendation of the Premier, may appoint an eligible person as the Victorian Public Sector Commissioner.

(2)A person is eligible to be appointed under subsection (1) if the Premier is satisfied that the person has appropriate knowledge and experience in one or more of the fields of public administration, governance, law, public policy or senior management.

(3)A person is not eligible to be appointed under subsection (1) if the person is currently—

(a)a member of the Parliament of Victoria; or

(b)a member of the Parliament of the Commonwealth, another State or a Territory; or

(c)a Councillor; or

(d)a Department Head.

44Terms and conditions of appointment

(1)The Commissioner is appointed on the terms and conditions (including the remuneration and allowances) that are specified in the instrument of appointment.

(1A)The remuneration paid to the Commissioner under subsection (1)—

(a)must be within the relevant remuneration band in a Determination made by the Tribunal; or

(b)may exceed the maximum of the relevant remuneration band only if the employer of the Commissioner has obtained the advice of the Tribunal under section 37 of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019.

(2)The terms and conditions may provide for the appointment of the Commissioner on a full-time or part-time basis.

(3)Subject to this Part, the Commissioner—

(a)holds office for a period of not less than 3 years and not more than 5 years, as specified in the instrument of appointment; and

(b)is eligible for re-appointment.

(4)Except with the written permission of the Premier, the Commissioner must not—

(a)engage in any other employment; or

(b)carry on any business, profession or trade; or

(c)hold any other office or position, paid or unpaid.

45Vacancy and resignation

The Commissioner ceases to hold office if he or she—

(a)resigns by written notice given to the Premier; or

(b)becomes an insolvent under administration; or

(c)is convicted of—

(i)an indictable offence; or

(ii)an offence that, if committed in Victoria, would be an indictable offence; or

(d)nominates for election to the Parliament of Victoria or of the Commonwealth or of another State or a Territory or for election as a Councillor; or

(e)is employed as a Department Head; or

(f)is removed from office under section 46.

46Removal from office

(1)The Governor in Council, on the recommendation of the Premier, may remove the person appointed as Commissioner from office.

(2)The Premier may only recommend the removal from office of the person appointed as Commissioner if the Premier is satisfied that the person is unfit to hold the office because of incapacity or misconduct or because the person has brought the Commission into disrepute.

47Acting Commissioner

(1)The Governor in Council, on the recommendation of the Premier, may appoint an eligible person to act in the office of the Commissioner—

(a)during a vacancy in that office; or

(b)during a period when the Commissioner is absent from duty or is, for any reason, unable to perform the duties of the office.

(2)An appointment under subsection (1) is for the period, not exceeding 12 months, specified in the instrument of appointment.

(3)Subject to subsection (5), the Premier may by instrument appoint an eligible person to act in the office of the Commissioner—

(a)during a vacancy in that office; or

(b)during a period when the Commissioner is absent from duty or is, for any reason, unable to perform the duties of the office.

(4)An appointment under subsection (3) is for the period, not exceeding 3 months, specified in the instrument of appointment.

(5)The Premier must not make more than one appointment under subsection (3) in relation to the same vacancy or absence.

(6)The appointment of an Acting Commissioner under this section is on the terms and conditions (including the remuneration and allowances) that are specified in the instrument of appointment.

(6A)The remuneration paid to the Acting Commissioner under subsection (6)—

(a)must be within the relevant remuneration band in a Determination made by the Tribunal; or

(b)may exceed the maximum of the relevant remuneration band only if the employer of the Acting Commissioner has obtained the advice of the Tribunal under section 37 of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019.

(7)A person is eligible to be appointed to act in the office of the Commissioner if the person would be eligible to be appointed as the Commissioner under section 43.

(8)An Acting Commissioner has all the powers and functions of the Commissioner and in exercising those powers and performing those functions is subject to the same requirements that apply to the Commissioner.

48Functions of Commissioner

(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.

49Delegation

(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;

(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.

(3)Despite subsection (2)(ca), the Commissioner by instrument may delegate to an executive employed by the Commissioner the power under section 60C to compel the production of documents and other things or the attendance of witnesses.

50Conflict of interest

(1)If the Commissioner considers that he or she has a conflict of interest in any matter that is the subject of an inquiry, a review of an employment related action or any other activity required or requested to be conducted by the Commission, the Commissioner must—

(a)decline to conduct the inquiry, review or other activity; and

(b)notify the Secretary to the Department of Premier and Cabinet of the conflict of interest.

(2)On being notified by the Commissioner under subsection (1)(b) of a conflict of interest, the Secretary must authorise a person—

(a)to conduct the inquiry, review or activity; and

(b)in the case of an inquiry or a review of an employment related action, to make recommendations following the inquiry or review.

(3)The Secretary must not authorise a person under subsection (2) unless—

(a)the Secretary is satisfied that—

(i)the person is qualified to be authorised because the person has appropriate knowledge and experience in one or more of the fields of public administration, governance, law, public policy or senior management; and

(ii)the person is unconnected with the matter of the inquiry, review or activity and does not have a conflict of interest in the matter; and

(b)in the case of an authorisation to conduct an inquiry, the Premier has approved the authorisation of the person.

(4)In conducting an inquiry, a review of an employment related action or another activity, a person authorised under subsection (2)—

(a)may exercise all the relevant powers and functions of the Commissioner; and

(b)in exercising those powers and performing those functions is subject to the same requirements that would apply to the Commissioner.

(5)An inquiry, a review of an employment related action or another activity conducted by a person authorised under subsection (2) is not invalid by virtue of a defect or irregularity in, or in connection with, the authorisation.

51Staff

(1)Any employees that are necessary to enable the Commission to perform its functions may be employed under Part 3 of the Public Administration Act 2004.

(2)The Commission may engage any contractor, agent or other person to assist in the performance of the functions of the Commission.

Division 3—Advisory Board

52Establishment and constitution of Advisory Board

(1)The Advisory Board is established.

(2)The Advisory Board consists of—

(a)the Secretary to the Department of Premier and Cabinet; and

(b)other members appointed by the Premier under section 53.

53Appointment of members of Advisory Board

(1)The Premier may by instrument appoint not more than 7 persons as members of the Advisory Board.

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Public Administration Act 2004 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(2) on 5.4.05: Government Gazette 31.3.05 p. 602
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Parliamentary Administration Act 2005, No. 20/2005

Assent Date:	24.5.05
Commencement Date:	S. 50 on 21.12.04: s. 2(2); ss 47–49, 52(1)(2) on 1.7.05: s. 2(4)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Courts Legislation (Miscellaneous Amendments) Act 2005, No. 30/2005

Assent Date:	21.6.05
Commencement Date:	S. 11(1) on 5.4.05: s. 2(2); s. 11(2) on 12.12.05: s. 2(3)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Commissioner for Law Enforcement Data Security Act 2005, No. 84/2005

Assent Date:	29.11.05
Commencement Date:	S. 19 on 1.7.06: s. 2(2)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Disability Act 2006, No. 23/2006

Assent Date:	16.5.06
Commencement Date:	S. 247 on 1.7.07: s. 2(3)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Education and Training Reform Act 2006, No. 24/2006

Assent Date:	16.5.06
Commencement Date:	S. 6.1.2(Sch. 7 item 33) on 1.7.07: Government Gazette 28.6.07 p. 1304
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Statute Law (Further Revision) Act 2006, No. 29/2006

Assent Date:	6.6.06
Commencement Date:	S. 3(Sch. 1 item 32 ) on 7.6.06: s. 2(1)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Charter of Human Rights and Responsibilities Act 2006, No. 43/2006

Assent Date:	25.7.06
Commencement Date:	S. 47(Sch. item 5) on 1.1.07: s. 2(1)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:	10.10.06
Commencement Date:	S. 11 on 4.4.05: s. 2(2); ss 3, 4, 7–10, 12–14, 24 on 11.10.06: s. 2(1)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Statute Law Revision Act 2007, No. 28/2007

Assent Date:	26.6.07
Commencement Date:	S. 3(Sch. item 55) on 27.6.07: s. 2(1)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Education and Training Reform Miscellaneous Amendments Act 2007,
No. 58/2007

Assent Date:	27.11.07
Commencement Date:	S. 54(1)(2) on 1.7.07: s. 2(2); s. 54(3) on 28.11.07: s. 2(1)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Motor Car Traders Amendment Act 2008, No. 4/2008

Assent Date:	4.3.08
Commencement Date:	S. 32(Sch. item 28) on 1.12.08: s. 2(2)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Courts Legislation Amendment (Associate Judges) Act 2008, No. 24/2008

Assent Date:	3.6.08
Commencement Date:	S. 87 on 17.12.08: Special Gazette (No. 377) 16.12.08 p. 1
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Coroners Act 2008, No. 77/2008

Assent Date:	11.12.08
Commencement Date:	S. 129(Sch. 2 item 20) on 1.11.09: s. 2
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Health Services Legislation Amendment Act 2008, No. 79/2008

Assent Date:	11.12.08
Commencement Date:	S. 21 on 31.3.09: Government Gazette 19.2.09 p. 328
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Salaries Legislation Amendment (Salary Sacrifice) Act 2008, No. 83/2008

Assent Date:	11.12.08
Commencement Date:	Ss 18, 19 on 11.12.08: s. 2(1)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Fair Work (Commonwealth Powers) Act 2009, No. 24/2009

Assent Date:	17.6.09
Commencement Date:	Ss 37, 38 on 1.7.09: Special Gazette (No. 227) 1.7.09 p. 1
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Public Administration Amendment Act 2009, No. 27/2009

Assent Date:	17.6.09
Commencement Date:	Ss 3–15 on 8.7.09: Special Gazette (No. 233) 7.7.09 p. 1
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 1 item 46), (Sch. Pt 2 item 39) on 1.1.10: s. 2(2)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Equal Opportunity Act 2010, No. 16/2010

Assent Date:	27.4.10
Commencement Date:	S. 209(Sch. item 6) on 1.8.11: s. 2(4)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011, No. 34/2011

Assent Date:	5.7.11
Commencement Date:	S. 102 on 19.7.11: Special Gazette (No. 236) 19.7.11 p. 1
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Road Safety Camera Commissioner Act 2011, No. 47/2011

Assent Date:	22.9.11
Commencement Date:	S. 24 on 12.10.11: Special Gazette (No. 313) 4.10.11 p. 1 (see Erratum: Special Gazette (No. 315) 4.10.11 p. 1)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Emergency Management Legislation Amendment Act 2011, No. 56/2011

Assent Date:	2.11.11
Commencement Date:	S. 30 on 3.11.11: s. 2(1)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Independent Broad-based Anti-corruption Commission Act 2011, No. 66/2011

Assent Date:	29.11.11
Commencement Date:	S. 43 on 1.7.12: s. 2(2)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Victorian Inspectorate Act 2011, No. 70/2011

Assent Date:	29.11.11
Commencement Date:	S. 47 on 1.7.12: s. 2(2)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Public Prosecutions Amendment Act 2012, No. 3/2012

Assent Date:	14.2.12
Commencement Date:	Ss 26–31 on 6.3.12: Special Gazette (No. 54) 28.2.12 p. 1
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Freedom of Information Amendment (Freedom of Information Commissioner) Act 2012, No. 6/2012

Assent Date:	6.3.12
Commencement Date:	Ss 50, 51 on 7.11.12: Special Gazette (No. 373) 7.11.12 p. 1
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Associations Incorporation Reform Act 2012, No. 20/2012

Assent Date:	1.5.12
Commencement Date:	S. 226(Sch. 5 item 21) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Commission for Children and Young People Act 2012, No. 79/2012

Assent Date:	18.12.12
Commencement Date:	S. 83 on 1.3.13: Special Gazette (No. 27) 29.1.13 p. 1
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Fire Services Levy Monitor Act 2012, No. 81/2012

Assent Date:	18.12.12
Commencement Date:	S. 115(1) on 19.12.12: s. 2(1); s. 115(2) on 30.12.14: s. 2(2)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012

Assent Date:	18.12.12
Commencement Date:	Ss 165, 177–179 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2; s. 317 on 11.2.13: s. 2(5)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Courts Legislation Amendment (Reserve Judicial Officers) Act 2013, No. 5/2013

Assent Date:	26.2.13
Commencement Date:	S. 65 on 27.2.13: s. 2(1)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Parliamentary and Public Administration Legislation Amendment Act 2013, No. 37/2013

Assent Date:	18.6.13
Commencement Date:	Ss 15–17 on 1.7.13: s. 2
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Courts Legislation Amendment (Judicial Officers) Act 2013, No. 63/2013

Assent Date:	6.11.13
Commencement Date:	S. 96 on 1.2.14: s. 2(2)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Emergency Management Act 2013, No. 73/2013

Assent Date:	3.12.13
Commencement Date:	S. 101 on 1.7.14: Special Gazette (No. 148) 13.5.14 p. 1
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Education and Training Reform Amendment (Dual Sector Universities) Act 2013, No. 76/2013

Assent Date:	17.12.13
Commencement Date:	S. 26 on 1.1.14: s. 2(4)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Court Services Victoria Act 2014, No. 1/2014

Assent Date:	11.2.14
Commencement Date:	Ss 59–62 on 1.7.14: s. 2(2)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Public Administration Amendment (Public Sector Improvement) Act 2014, No. 6/2014

Assent Date:	11.2.14
Commencement Date:	Ss 3–13, 19–23 on 1.4.14: Special Gazette (No. 65) 4.3.14 p. 1
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item78) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Game Management Authority Act 2014, No. 24/2014

Assent Date:	8.4.14
Commencement Date:	S. 81 on 1.7.14: s. 2(2)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Mental Health Act 2014, No. 26/2014

Assent Date:	8.4.14
Commencement Date:	S. 455(Sch. item 24) on 1.7.14: s. 2(1)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 135) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Privacy and Data Protection Act 2014, No. 60/2014

Assent Date:	2.9.14
Commencement Date:	S. 140(Sch. 3 item 38) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Inquiries Act 2014, No. 67/2014

Assent Date:	23.9.14
Commencement Date:	Ss 138–145 on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Statute Law Revision Act 2015, No. 21/2015

Assent Date:	16.6.15
Commencement Date:	S. 3(Sch. 1 item 42) on 1.8.15: s. 2(1)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Infrastructure Victoria Act 2015, No. 38/2015

Assent Date:	8.9.15
Commencement Date:	S. 48 on 1.10.15: Special Gazette (No. 285) 29.9.15 p. 1
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Victims of Crime Commissioner Act 2015, No. 56/2015

Assent Date:	27.10.15
Commencement Date:	S. 48 on 3.2.16: Special Gazette (No. 10) 2.2.16 p. 1
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Judicial Commission of Victoria Act 2016, No. 16/2016

Assent Date:	19.4.16
Commencement Date:	S. 206 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Health Complaints Act 2016, No. 22/2016

Assent Date:	3.5.16
Commencement Date:	S. 242 on 1.2.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Integrity and Accountability Legislation Amendment (A Stronger System) Act 2016, No. 30/2016

Assent Date:	31.5.16
Commencement Date:	S. 86 on 1.12.16: Special Gazette (No. 194) 21.6.16 p. 1
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Primary Industries Legislation Amendment Act 2016, No. 48/2016

Assent Date:	6.9.16
Commencement Date:	S. 13 on 1.3.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Victorian Fisheries Authority Act 2016, No. 68/2016

Assent Date:	15.11.16
Commencement Date:	S. 170 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Freedom of Information Amendment (Office of the Victorian Information Commissioner) Act 2017, No. 20/2017

Assent Date:	16.5.17
Commencement Date:	S. 134(Sch. 1 item 15) on 1.9.17: s. 2(3)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Public Administration Amendment (Public Sector Communication Standards) Act 2017, No. 39/2017

Assent Date:	29.8.17
Commencement Date:	Ss 3‒6 on 26.9.17: Special Gazette (No. 325) 26.9.17 p. 1
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Environment Protection Act 2017, No. 51/2017

Assent Date:	24.10.17
Commencement Date:	S. 45 on 1.7.18: s. 2(2)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Commercial Passenger Vehicle Industry Amendment (Further Reforms) Act 2017, No. 63/2017

Assent Date:	19.12.17
Commencement Date:	S. 21(Sch. 1 item 7) on 2.7.18: Special Gazette (No. 248) 29.5.18 p. 1
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Labour Hire Licensing Act 2018, No. 25/2018

Assent Date:	26.6.18
Commencement Date:	S. 120(1) on 27.6.18: Special Gazette (No. 305) 27.6.18 p. 1
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Electoral Legislation Amendment Act 2018, No. 30/2018

Assent Date:	31.7.18
Commencement Date:	S. 67 on 25.11.18: s. 2(3)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018, No. 31/2018

Assent Date:	7.8.18
Commencement Date:	S. 72(1) on 8.8.18: s. 2(1); s. 72(2) on 30.6.19: Special Gazette (No. 239) 18.6.19 p. 1
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Disability Service Safeguards Act 2018, No. 38/2018

Assent Date:	28.8.18
Commencement Date:	S. 292 on 20.8.19: Special Gazette (No. 324) 20.8.19 p. 1
CurrentState:	This information relates only to the provision/s amending the Public Administration Act 2004

Prevention of Family Violence Act 2018, No. 41/2018

Assent Date:	11.9.18
Commencement Date:	S. 29 on 4.10.18: Special Gazette (No. 433) 18.9.18 p. 1
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Long Service Benefits Portability Act 2018, No. 44/2018

Assent Date:	18.9.18
Commencement Date:	S. 80 on 1.11.18: Special Gazette (No. 497) 23.10.18 p. 1
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019, No. 5/2019

Assent Date:	19.3.19
Commencement Date:	Ss 63–70 on 20.3.19: s. 2(1); s. 81(4) on 16.9.19: s. 2(4)
Current State:	This information relates only to the provision/s amending the Public Administration Act 2004

Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019

Assent Date:	25.6.19
Commencement Date:	S. 268 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1
CurrentState:	This information relates only to the provision/s amending the Public Administration Act 2004

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 81.1) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 item 81.2) on 24.10.20: s. 2(3)(f)
CurrentState:	This information relates only to the provision/s amending the Public Administration Act 2004

Wage Theft Act 2020, No. 21/2020

Assent Date:	23.6.20
Commencement Date:	S. 99 on 1.7.21: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Public Administration Act 2004

Cladding Safety Victoria Act 2020, No. 31/2020

Assent Date:	4.11.20
Commencement Date:	S. 59 on 1.12.20: Special Gazette (No. 624) 1.12.20 p. 1
CurrentState:	This information relates only to the provision/s amending the Public Administration Act 2004

Social Services Regulation Act 2021, No. 37/2021 (as amended by No. 40/2022)

Assent Date:	21.9.21
Commencement Date:	S. 397 on 1.7.24: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Public Administration Act 2004

Suburban Rail Loop Act 2021, No. 43/2021

Assent Date:	19.10.21
Commencement Date:	S. 219(Sch. 1 item 10) on 1.12.21: Special Gazette (No. 649) 23.11.21 p. 1
CurrentState:	This information relates only to the provision/s amending the Public Administration Act 2004

Special Investigator Act 2021, No. 50/2021

Assent Date:	30.11.21
Commencement Date:	Ss 142, 143 on 1.12.21: s. 2
CurrentState:	This information relates only to the provision/s amending the Public Administration Act 2004

Victorian Collaborative Centre for Mental Health and Wellbeing Act 2021, No. 51/2021

Assent Date:	30.11.21
Commencement Date:	S. 40 on 1.9.22: Special Gazette (No. 422) 23.8.22 p. 1
CurrentState:	This information relates only to the provision/s amending the Public Administration Act 2004

Public Health and Wellbeing Amendment (Pandemic Management) Act 2021, No. 53/2021

Assent Date:	7.12.21
Commencement Date:	Ss 33, 34 on 8.12.21: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Public Administration Act 2004

Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022, No. 32/2022

Assent Date:	23.8.22
Commencement Date:	S. 64 on 24.5.23: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Public Administration Act 2004

Mental Health and Wellbeing Act 2022, No. 39/2022

Assent Date:	6.9.22
Commencement Date:	Ss 856, 857 on 1.9.23: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Public Administration Act 2004

Special Investigator Repeal Act 2023, No. 31/2023

Assent Date:	8.11.23
Commencement Date:	Ss 66, 67 on 2.2.24: Special Gazette (No. 687) 19.12.23 p. 1
CurrentState:	This information relates only to the provision/s amending the Public Administration Act 2004

Transport Legislation Amendment Act 2023, No. 34/2023

Assent Date:	21.11.23
Commencement Date:	S. 127(Sch. 1 item 10) on 22.11.23: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Public Administration Act 2004

Parliamentary Workplace Standards and Integrity Act 2024, No. 27/2024

Assent Date:	20.8.24
Commencement Date:	Ss 144–147 on 31.12.24: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Public Administration Act 2004

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024

Assent Date:	10.9.24
Commencement Date:	S. 113(Sch. 1 item 27) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1
CurrentState:	This information relates only to the provision/s amending the Public Administration Act 2004

Victorian Institute of Forensic Medicine Act 2024, No. 34/2024

Assent Date:	17.9.24
Commencement Date:	S. 55 on 1.7.25: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Public Administration Act 2004

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3   Explanatory details

No entries at date of publication.