Untitled document
Public Administration Amendment (Public Sector Improvement) Act 2014
No. 6 of 2014
table of provisions
Section Page
Part 1—Preliminary
1Purpose
2Commencement
Part 2—Amendments Relating to the Victorian Public Sector Commission
Division 1—Amendment of Public Administration Act 2004
3Purposes
4Definitions
5Administrative Offices
6Performance review of public service body Heads
7Acting assignment as public service body Head
8Employment and retirement
9Transfer of public service body Head to other duties
10New Part 4 substituted
Part 4—Victorian Public Sector
CommissionDivision 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
57Powers on inquiries
58Procedure and evidence at an inquiry
59Reports of inquiries
60Bodies with judicial or quasi-judicial functions
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
11Repeal of section 111
12New section 118 inserted
118Savings and transitional provisions—Public Administration Amendment (Public Sector Improvement) Act 2014
13New Schedule 3 inserted
SCHEDULE 3—Savings and Transitional Provisions—
Public Administration Amendment
(Public Sector Improvement) Act 20141Definitions
2General transitional provisions
3State Services Authority abolished
4References to the State Services Authority etc.
5Person employed by State Services Authority
6Transfer of records, information and documents
7Codes of conduct and standards
8Performance review of public service body Head
9Systems reviews
10Special inquiries and special review
11Review of actions
12Requirement to provide information
13Recommendation to change or introduce processes
14Other work of State Service Authority
15Register of instruments
16First annual report
Division 2—Consequential amendment of other Acts
14Amendment of Charter of Human Rights and
Responsibilities Act 200615Amendment of Education and Training Reform Act 2006
16Amendment of Environment Protection Act 1970
17Amendment of Parliamentary Administration Act 2005
18New section 37 inserted in Parliamentary Administration
Act 200537Transitional provision—Public Administration Amendment (Public Sector Improvement) Act 2014
Part 3—Other Amendments to the Public Administration Act 2004
19What are public entities?
20New section 13A inserted
13AResponsibility of Department Heads—public entities
21Remuneration of executives
22New Part 3A inserted
Part 3A—Administrative Guidelines
36AAdministrative guidelines
23Duties of entity
Part 4—Repeal of Amending Act
24Repeal
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Endnotes
Public Administration Amendment (Public Sector Improvement) Act 2014
No. 6 of 2014
[Assented to 11 February 2014]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purpose
The main purpose of this Act is to amend the Public Administration Act 2004—
(a)to provide for the establishment of the Victorian Public Sector Commission to replace the State Services Authority and to provide for its governance, functions and powers; and
(b)to set out the responsibilities of Departments in relation to public entities falling within their Ministers' portfolios; and
(c)to make other miscellaneous amendments.
2Commencement
(1)Subject to subsection (2), this Act 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 July 2014, it comes into operation on that day.
__________________
Part 2—Amendments Relating to the Victorian Public Sector Commission
Division 1—Amendment of Public Administration
Act 2004
3Purposes
For section 1(b) of the Public Administration Act 2004 substitute—
"(b)establish the Victorian Public Sector Commission.".
4Definitions
In section 4(1) of the Public Administration Act 2004—
(a)the definition of Authority is repealed;
(b)in the definition of code of conduct, for "section 63" substitute "section 61";
(c)in the definition of public service body, for paragraph (c) substitute—
"(c)the Victorian Public Sector Commission;";
(d)in the definition of public service body Head, for paragraph (c) substitute—
"(c)in relation to the Victorian Public Sector Commission—the Victorian Public Sector Commissioner;";
(e)in the definition of standard, for "section 64(5) or 66(2)" substitute "section 62(1)";
(f)insert the following definitions—
"Commission means the Victorian Public Sector Commission established under section 37;
Commissioner means the Victorian Public Sector Commissioner appointed under section 43;
Councillor has the same meaning as it has in section 3(1) of the Local Government Act 1989;".
5Administrative Offices
In the note at the foot of section 11 of the Public Administration Act 2004 for "State Services Authority" (wherever occurring) substitute "Victorian Public Sector Commission".
6Performance review of public service body Heads
(1)In section 17(1) of the Public Administration Act 2004—
(a)for "State Services Authority" substitute "Victorian Public Sector Commission";
(b)after "public service body Head" insert "(other than the Victorian Public Sector Commissioner)".
(2)In section 17(2) of the Public Administration Act 2004 for "State Services Authority" substitute "Victorian Public Sector Commission".
7Acting assignment as public service body Head
For section 19(4) of the Public Administration Act 2004 substitute—
"(4)This section does not apply to the Victorian Public Sector Commission or the Victorian Public Sector Commissioner.".
8Employment and retirement
In section 20(3)(d) of the Public Administration Act 2004 for "Public Sector Standards Commissioner" substitute "Victorian Public Sector Commission".
9Transfer of public service body Head to other duties
In section 29(1) of the Public Administration Act 2004 for "State Services Authority" substitute "Victorian Public Sector Commissioner".
10New Part 4 substituted
For Part 4 of the Public Administration Act 2004 substitute—
"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.
(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.
(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;
(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.
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.
(2)In appointing members of the Advisory Board, the Premier must have regard to the mix of knowledge, skills and experience of the members of the Advisory Board, including those pertaining to the public sector, business, service delivery and regional matters.
(3)The appointment of a member of the Advisory Board appointed under subsection (1)—
(a)is for the period, not exceeding 3 years, specified in the instrument of appointment; and
(b)subject to subsection (5), is on the terms and conditions specified in the instrument of appointment.
(4)A person appointed as a member of the Advisory Board is eligible for
re-appointment.(5)A public sector employee appointed to the Advisory Board is not entitled to remuneration in relation to that appointment.
54Role and functions of Advisory Board
(1)The role of the Advisory Board is to provide to the Commission—
(a)advice in relation to the preparation of the annual plan and strategic plan of the Commission; and
(b)strategic advice in relation to matters relevant to the objectives and functions of the Commission.
(2)The Commission must have regard to the advice of the Advisory Board—
(a)in the performance of its functions; and
(b)in the development of its annual and strategic plans.
55Meetings and procedures of Advisory Board
(1)The Secretary to the Department of Premier and Cabinet is the chairperson of meetings of the Advisory Board.
(2)Subject to this Act, the Advisory Board may regulate its own procedures.
Division 4—Inquiries
56Inquiries
(1)The Premier may direct the Commission to conduct an inquiry into any matter relating to a public sector body other than—
(a)the IBAC; or
(b)the office of the Ombudsman; or
(c)the Victorian Auditor-General's Office; or
(d)the Victorian Electoral Commission; or
(e)the Victorian Inspectorate within the meaning of the Victorian Inspectorate Act 2011.
(2)An inquiry may be conducted in relation to a body even if a provision of an Act other than this Act has the effect that the body or a member of the body or of the governing body (by whatever name called) of the body is not subject to this Act or to any part of this Act.
57Powers on inquiries
(1)A person conducting an inquiry may, in connection with the inquiry, enter any premises of a body that is the subject of the inquiry.
(2)Sections 14, 15, 16 and 21A of the Evidence (Miscellaneous Provisions) Act 1958 apply to a person conducting an inquiry as if he or she were a Board or the Chairman of a Board appointed by the Governor in Council.
(3)A person is not excused from producing any document or answering any question at an inquiry on the ground that the production of the document or the answering of the question is prohibited by or under any other Act.
(4)The production of a document or the answering of a question, when required at an inquiry, does not constitute a breach of a provision made by or under any Act prohibiting the disclosure of information of a kind contained in that document or answer.
(5)Nothing in this section abrogates any privilege or immunity existing by custom or convention that relates to the production of documents of previous Governments.
58Procedure and evidence at an inquiry
(1)If the person conducting an inquiry agrees, a person or body may be accompanied to the inquiry by a legal practitioner or other person.
(2)The person conducting an inquiry is not bound by the rules of evidence and may be informed on any matter in issue at the inquiry in any manner that he or she considers appropriate.
(3)The person conducting an inquiry may give directions as to the procedure to be followed at or in connection with the inquiry.
59Reports of inquiries
(1)On the completion of an inquiry, the Commission must—
(a)within the period required by the Premier, prepare a report on the conduct and findings, and any recommendations, of the inquiry; and
(b)immediately after preparing the report, provide a copy of the report to—
(i)the Premier; and
(ii)the Minister responsible for any body that is the subject of the inquiry.
(2)As soon as practicable after a Minister is provided with a report under subsection (1)(b)(ii), the Minister must provide to the Premier information as to any action taken or proposed to be taken in relation to the subject-matter of the report.
(3)In addition, if the inquiry relates to a special body, the Minister must cause a copy of the report, together with information as to any action taken or proposed to be taken in relation to the subject-matter of the report, to be laid before each House of Parliament within 30 sitting days of that House after the day on which that Minister was provided with a copy of the report.
60Bodies with judicial or quasi-judicial functions
(1)Nothing in this Division empowers the Commission to conduct, or the Premier to direct the conduct of, an inquiry into any exercise by a body of a function that is of a judicial or quasi-judicial nature.
(2)The conduct of an inquiry into any matter relating to a body that exercises functions that are of a judicial or quasi-judicial nature must not in any way impede the exercise by the body of those functions.
Division 5—Maintaining public sector professionalism and integrity
Subdivision 1—Codes of conduct and standards
61Codes of conduct
(1)The Commission must prepare and issue codes of conduct based on the public sector values.
(2)The purpose of a code of conduct is to promote adherence to the public sector values.
(3)A code of conduct is binding on any public official or class of public official to whom it applies.
(4)Subject to subsection (5), the Commission may determine to whom a code of conduct applies.
(5)If a code of conduct is based on public sector values which a special body is not required to apply under section 7(2), the Commission must not apply that code of conduct to the special body or its employees to the extent that it relates to those public sector values.
(6)A contravention of a code of conduct by a public official who is bound by the code is capable of constituting misconduct.
(7)The Commission may amend and re-issue a code of conduct or issue a new code of conduct in substitution for a previously issued one.
62Standards concerning public sector employment principles
(1)The Commission must establish and issue standards concerning the application of the public sector employment principles.
(2)Standards issued under subsection (1) are binding on the public sector bodies to which they apply and on persons employed in those bodies.
(3)The Commission may determine to whom a standard issued under subsection (1) applies.
(4)A public sector body Head must ensure that persons employed in the body are informed about the application of the public sector employment principles and standards issued under subsection (1).
63Oversight of compliance with public sector values, codes of conduct, public sector employment principles and standards
(1)The Commission may make recommendations to a public sector body Head on the steps that should be taken to change or introduce processes in relation to the public sector body in order to promote or comply with any of the following, to the extent that they apply to the public sector body—
(a)the public sector values;
(b)codes of conduct;
(c)the public sector employment principles;
(d)standards.
(2)If a public sector body Head has not adopted a recommendation made under subsection (1) within 14 days after it is made, he or she must provide the Commission with a written statement of reasons for not adopting the recommendation within 14 days after the end of that period.
(3)Reasons given to the Commission by a public sector body Head for not adopting a recommendation made under subsection (1) may be included in the annual report of the Commission.
Subdivision 2—Reviews of employment related actions
64Review of actions
(1)Subject to this section, an employee is entitled to have an action taken within a public service body that relates to his or her employment reviewed in accordance with the regulations and any standards issued under section 62.
Notes
1 Public service bodies include offices specified in section 16(1)—see section 16(2).
2 A review of an employment related action (other than an initial review) taken in respect of an employee of the Commission may enliven a conflict of interest—see section 50.
(2)Unless the regulations otherwise provide, an employee is only entitled to have a review of a proposed appointment or promotion on the ground of a significant deficiency in the selection process or the process on an initial review.
(3)Regulations made for the purposes of this section may—
(a)prescribe exceptions to the entitlement to a review in circumstances where—
(i)the matter is frivolous, vexatious or lacking in substance; or
(ii)the applicant does not have sufficient personal interest; or
(iii)the applicant has not sought an initial review within the public service body to which he or she belongs; or
(iv)the application is not made within a specified period; or
(v)the matter is the subject of a proceeding in any court or tribunal initiated by the applicant, including a proceeding under Division 2 of Part 8 of the Equal Opportunity Act 2010; or
(vi)the matter could more appropriately be the subject of a proceeding in any court or tribunal, including a proceeding under Division 2 of Part 8 of the Equal Opportunity Act 2010;
(b)provide for procedures for a review, including empowering the appointment of a person or body to conduct a review and specifying circumstances in which the applicant or any other party to a review may be accompanied by a legal practitioner or other person;
(c)provide for an initial review to be conducted within the public service body to which the employee belongs;
(d)provide for the powers available to the person or body conducting an initial review within the public service body to which the employee belongs;
(e)provide for an application for a review to be made directly to the Commission in specified circumstances;
(f)provide for an application for a review to be referred to the Commission in specified circumstances on completion of an initial review within the public service body to which the employee belongs;
(g)provide for the powers available to the Commission on conducting a review, including power to require the appropriate public service body Head to provide the Commission with information or documents and power to interview any employee in the body.
(4)Regulations made for the purposes of this section—
(a)must not require the Commission to hold a formal hearing on a review; and
(b)must ensure that the rules of natural justice are adhered to on a review.
65Recommendations following review
(1)A person or body (including the Commission) that has conducted a review under section 64 may make recommendations in a report on the review but does not have power to make any binding decision as a result of the review.
(2)Without limiting subsection (1), recommendations under that subsection may include a recommendation that—
(a)a decision be reconsidered; or
(b)processes within the public service body be changed.
(3)If the appropriate public service body Head has not adopted a recommendation made in a report on a review within 14 days after receiving the report, he or she must, within 14 days after the end of that period, provide a written statement of the reasons for not adopting the recommendation to the Commission, the applicant for the review and any other person affected by the recommendation.
(4)Reasons given by a public service body Head for not adopting a recommendation made in a report of a review may be included in the annual report of the Commission.
Subdivision 3—Registers
66Register of lobbyists
(1)The Commission must maintain a register of lobbyists.
(2)The register must be kept electronically.
(3)The register must be maintained in accordance with the Victorian Government Professional Lobbyist Code of Conduct as issued by the Premier from time to time.
(4)The Commission must ensure, as far as practicable, that the contents of the register are accessible to the public at all times without charge on the Internet.
67Register of instruments
(1)The Commission must maintain a register of instruments issued under this Act.
(2)The register must be kept electronically.
(3)The register must contain up-to-date versions of the following—
(a)any codes of conduct issued by the Commission;
(b)any standards issued by the Commission;
(c)any Orders made by the Governor in Council under Part 5;
(d)any other instrument issued under this Act that the Premier directs, in writing, the Commission to enter in the register.
(4)The Commission may enter additional material in the register if the Commission considers that it is likely to be useful to public sector employees.
(5)The Commission must ensure, as far as practicable, that the contents of the register are accessible to the public at all times without charge on the Internet.
Division 6—Annual plan, strategic plan and annual report
68Annual plan
(1)The Commission must prepare an annual plan before each financial year.
(2)The annual plan must—
(a)set out how the plan relates to, and supports, the strategic plan of the Commission; and
(b)specify priority areas for the forthcoming financial year; and
(c)identify key outputs and specific activities for each of those areas.
(3)The Commission must consult with the Advisory Board in the development of its annual plan to determine the priority areas and specific activities for the forthcoming financial year.
(4)Before 1 May of the preceding financial year, the Commission must submit a draft of the annual plan to the Premier for approval.
(5)The Premier must consider the draft of the annual plan and may approve it—
(a)with or without changes; and
(b)subject to any conditions.
(6)The Premier may, at any time during a financial year, direct the Commission to amend the approved annual plan for that financial year.
(7)The Commission must act consistently with the annual plan in the performance of its functions.
69Strategic plan
(1)The Commission must prepare a three year strategic plan—
(a)in its first year of operation; and
(b)every third year after that year.
(2)The strategic plan must identify the matters that present challenges and opportunities for the public sector and set out how the priorities of the Commission are to be strategically aligned with those matters.
(3)The Commission must consult with the Advisory Board to identify those matters and determine how the priorities of the Commission are to be aligned with those matters.
(4)Before the date fixed by the Premier in relation to each period of 3 years, the Commission must submit a draft of the strategic plan to the Premier for approval.
(5)The Premier must consider the draft of the strategic plan and may approve it—
(a)with or without changes; and
(b)subject to any conditions.
(6)The Premier may, at any time during a 3 year period, direct the Commission to amend the approved strategic plan for that period.
70Annual report
The annual report of the Commission's operations required under Part 7 of the Financial Management Act 1994 must include explanations of—
(a)how the operations of the Commission relate to its objectives; and
(b)how the Commission has achieved the priorities identified in its annual and strategic plans.
Division 7—Application of other Acts
71Application of Freedom of Information Act 1982
The Freedom of Information Act 1982 applies to, and in respect of, the Commission as if it were a department within the meaning of that Act and as if the Commissioner were the principal officer of the Commission for the purposes of that Act.
72Application of Part 7A of Financial Management Act 1994
Part 7A of the Financial Management Act 1994 applies to, and in respect of, the Commission as if it were a department within the meaning of that Act and as if the Commissioner were the accountable officer of the Commission for the purposes of that Part.
Division 8—The Commission and the IBAC
73Mandatory notification of corrupt conduct to IBAC
(1)The Commissioner must notify the IBAC of any matter of which the Commissioner becomes aware in the performance of functions or duties or the exercise of powers of the Commission under this Act or any other Act that appears to involve corrupt conduct.
(2)This section does not apply to corrupt conduct of the IBAC or IBAC personnel.
74Consultation prior to notification
For the purposes of deciding whether to make a notification under this Division to the IBAC, the Commissioner may consult the IBAC.
74ACommunication of information to the IBAC
(1)At any time, the Commissioner may provide or disclose any information received or obtained in the course of the performance of functions or duties or the exercise of powers of the Commission under this Act or any other Act to the IBAC if the Commissioner considers that—
(a)the information is relevant to the performance of the functions or duties or the exercise of powers of the IBAC; and
(b)it is appropriate for the information to be brought to the attention of the IBAC, having regard to the nature of the information.
(2)This section applies subject to any restriction on the provision or disclosure of information under this Act or any other Act (including any Commonwealth Act).
74BCommission not to prejudice investigations of the IBAC
(1)If the Commission is, or becomes, aware of an IBAC investigation, the Commission must take all reasonable steps to ensure that the performance of its functions or duties or the exercise of its powers does not prejudice the IBAC investigation.
(2)For the purpose of ensuring compliance with subsection (1), the Commission may consult the IBAC.
__________________".
11Repeal of section 111
Section 111 of the Public Administration Act 2004 is repealed.
12New section 118 inserted
After section 117 of the Public Administration Act 2004 insert—
"118 Savings and transitional provisions—Public Administration Amendment (Public Sector Improvement) Act 2014
Schedule 3 has effect.".
13New Schedule 3 inserted
After Schedule 2 to the Public Administration Act 2004 insert—
"SCHEDULE 3
Section 118
Savings and Transitional Provisions—Public Administration Amendment (Public Sector Improvement) Act 2014
1Definitions
In this Schedule—
commencement day means the day on which Part 2 of the Public Administration Amendment (Public Sector Improvement) Act 2014 comes into operation;
new Part 4 means Part 4 of this Act as in force on and after the commencement day;
repealed Part 4 means Part 4 of this Act as in force immediately before the commencement day.
2General transitional provisions
(1)Unless the contrary intention appears, this Schedule does not affect or take away from the Interpretation of Legislation Act 1984.
(2)If a provision of this Act, as in force before the commencement day, continues to apply by force of this Schedule, any other provision of this Act as in force at that time necessary to give effect to that continued provision also continues to apply in relation to that provision.
3State Services Authority abolished
On the commencement day—
(a)the State Services Authority is abolished; and
(b)a person holding any of the following offices under the repealed Part 4, whether substantively or in an acting capacity, ceases to hold that office—
(i)the chairperson of the State Services Authority;
(ii)the Public Sector Standards Commissioner;
(iii)any other member of the State Services Authority.
4References to the State Services Authority etc.
On and after the commencement day, in any Act, subordinate legislation, order, agreement, instrument, deed or other document—
(a)a reference to the State Services Authority is to be read as a reference to the Victorian Public Sector Commission; and
(b)a reference to the chairperson of the State Services Authority, the Public Sector Standards Commissioner or any other member of the State Services Authority is to be read as a reference to the Victorian Public Sector Commissioner; and
(c)a reference to the chief executive officer acting on behalf of the State Services Authority is to be read as a reference to the Victorian Public Sector Commissioner.
5Person employed by State Services Authority
On the commencement day, a person employed by the State Services Authority under Part 3 immediately before the commencement day is taken to be employed by the Victorian Public Sector Commission under Part 3 with the same classification and remuneration and subject to the same industrial award or agreement or contract of employment, and with the same rights to leave of absence and accrued or accruing entitlements as applied to the person on his or her employment immediately before that day.
6Transfer of records, information and documents
All information, documents, reports and records held by the State Services Authority immediately before the commencement day—
(a)are transferred to the Victorian Public Sector Commission on the commencement day; and
(b)may be used and relied upon in any review, inquiry or other work continued or commenced by the Victorian Public Sector Commission under this Act.
7Codes of conduct and standards
(1)On and after the commencement day, a code of conduct issued by the Public Sector Standards Commissioner under section 63 of the repealed Part 4 that is in force immediately before the commencement day is taken to have been issued by the Victorian Public Sector Commission under section 61 of the new Part 4 and continues to apply to the class or classes of persons to whom it applied immediately before the commencement day.
(2)On and after the commencement day, a standard issued by the Public Sector Standards Commissioner under section 64(5) or 66(2) of the repealed Part 4 that is in force immediately before the commencement day is taken to have been issued by the Victorian Public Sector Commission under section 62 of the new Part 4 and continues to apply to the class or classes of persons to whom it applied immediately before the commencement day.
8Performance review of public service body Head
A review of the performance of a public service body Head conducted by the State Services Authority under section 17 that is not completed before the commencement day must be continued on and after that day by the Victorian Public Sector Commission under that section.
9Systems reviews
(1)Despite the repeal of the repealed Part 4—
(a)a systems review conducted by the State Services Authority under section 50 of the repealed Part 4 at the request of a Minister or a public service body Head that is not completed before the commencement day may be continued under that section on and after that day by the Victorian Public Sector Commission; and
(b)a systems review conducted by the State Services Authority under section 50 of the repealed Part 4 required by the Premier that is not completed before the commencement day must be continued under that section on and after that day by the Victorian Public Sector Commission.
(2)If the Victorian Public Sector Commission conducts a systems review referred to in subclause (1), section 51 of the repealed Part 4 applies to the systems review as if a reference in that section to the Authority were a reference to the Victorian Public Sector Commission.
10Special inquiries and special review
(1)A special inquiry conducted by the State Services Authority under section 52 of the repealed Part 4 or a special review conducted by the State Services Authority under section 56 of the repealed Part 4 that is not completed before the commencement day must be continued on and after that day by the Victorian Public Sector Commission as an inquiry under Division 4 of the new Part 4.
(2)A power exercised under section 53 or 57 of the repealed Part 4 in relation to a special inquiry or special review referred to in subclause (1) is, on and after the commencement day, taken to have been exercised under section 57 of the new Part 4.
(3)A direction as to procedure given under section 54(3) or 58(3) of the repealed Part 4 in relation to a special inquiry or special review referred to in subclause (1) is, on and after the commencement day, taken to have been given under section 58(3) of the new Part 4.
(4)A report prepared in relation to a special inquiry or a special review under section 55 or 59 of the repealed Part 4 and any recommendations contained in the report is, on and after the commencement day, taken to have been prepared under section 59 of the new Part 4 and has effect accordingly.
11Review of actions
(1)A review of an employment related action conducted under section 64 of the repealed Part 4 that is not completed before the commencement day must be continued on and after that day under Division 4 of the new Part 4 by—
(a)in the case of a review conducted by the Public Sector Standards Commissioner—the Victorian Public Sector Commissioner; and
(b)in the case of a review conducted by any other person or body—by that person or body.
(2)A recommendation made in a report under section 65 of the repealed Part 4 is, on and after the commencement day, taken to have been made under section 65 of the new Part 4 and has effect accordingly.
12Requirement to provide information
(1)On and after the commencement day, a requirement under section 66(5) of the repealed Part 4 for a public service body Head or a public entity Head to provide information to the Public Sector Standards Commissioner, is taken to be a requirement under section 41(2) of the new Part 4 to provide that information to the Victorian Public Sector Commission.
(2)On and after the commencement day, a requirement under section 66(6) of the repealed Part 4 for a special body Head to provide information to the Public Sector Standards Commissioner, is taken to be a requirement under section 41(2) of the new Part 4 to provide that information to the Victorian Public Sector Commission.
(3)Unless the Commission specifies otherwise, information referred to in subclause (1) or (2) must be provided to the Commission in the time and manner specified by the Public Sector Standards Commissioner under section 66(5) or (6) (as the case may be) of the repealed Part 4.
13Recommendation to change or introduce processes
On and after the commencement day, a recommendation by the Public Sector Standards Commissioner made to a public service body Head or a public entity Head under section 66(7) of the repealed Part 4 is taken to have been made by the Victorian Public Sector Commission under section 63(1) of the new Part 4 and has effect accordingly.
14Other work of State Service Authority
Work undertaken by the State Services Authority that is not completed before the commencement day may be continued on and after that day by the Victorian Public Sector Commission.
15Register of instruments
On and from the commencement day, the register of instruments kept under section 72 of the repealed Part 4 is taken to be the register of instruments maintained under section 67 of the new Part 4.
16First annual report
The Victorian Public Sector Commission must include in its first report under Part 7 of the Financial Management Act 1994 a report on the operation of the State Services Authority under the repealed Part 4 during the relevant part of the financial year.".
Division 2—Consequential amendment of other Acts
14Amendment of Charter of Human Rights and Responsibilities Act 2006
In the note at the foot of section 4(1)(a) of the Charter of Human Rights and Responsibilities Act 2006 for "the Chief Executive Officer of the State Services Authority" substitute "the Victorian Public Sector Commissioner".
15Amendment of Education and Training Reform Act 2006
In section 2.4.37 of the Education and Training Reform Act 2006 for "State Services Authority" substitute "Victorian Public Sector Commission".
16Amendment of Environment Protection Act 1970
In section 13(1)(h)(i) of the Environment Protection Act 1970 for "State Services Authority" substitute "Victorian Public Sector Commission".
17Amendment of Parliamentary Administration Act 2005
(1)In section 4(1) of the Parliamentary Administration Act 2005—
(a)the definition of Public Sector Standards Commissioner is repealed;
(b)in the definition of third party for "1968." substitute "1968;";
(c)insert the following definition—
"Victorian Public Sector Commission means the Victorian Public Sector Commission established under section 37 of the Public Administration Act 2004.".
(2)In section 19(1) of the Parliamentary Administration Act 2005 for "section 64(5)" substitute "section 62".
(3)In section 19(2) of the Parliamentary Administration Act 2005 omit "an error of law or".
(4)In section 19(3)(b) of the Parliamentary Administration Act 2005 for "represented by a legal practitioner or other agent" substitute "accompanied by a legal practitioner or other person".
(5)In section 19(3)(e), (f) and (g) and (4)(a) of the Parliamentary Administration Act 2005 for "Public Sector Standards Commissioner" substitute "Victorian Public Sector Commission".
(6)In section 19(4)(a) of the Parliamentary Administration Act 2005 for "review;" substitute "review; and".
(7)In section 20(1) of the Parliamentary Administration Act 2005 for "Public Sector Standards Commissioner" substitute "Victorian Public Sector Commission".
(8)In section 20(3) of the Parliamentary Administration Act 2005—
(a)for "does not adopt, or decide to adopt," substitute "has not adopted";
(b)for "7 days" substitute "14 days";
(c)for "Public Sector Standards Commissioner" substitute "Victorian Public Sector Commission".
18New section 37 inserted in Parliamentary Administration Act 2005
After section 36 of the Parliamentary Administration Act 2005 insert—
"37 Transitional provision—Public Administration Amendment (Public Sector Improvement) Act 2014
A review of an employment related action conducted by the Public Sector Standards Commissioner under section 19 that is not completed before the day on which Part 2 of the Public Administration Amendment (Public Sector Improvement) Act 2014 comes into operation must be continued on and after that day by the Victorian Public Sector Commission.".
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Part 3—Other Amendments to the Public Administration Act 2004
19What are public entities?
After section 5(1A) of the Public Administration Act 2004 insert—
"(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.".
20New section 13A inserted
After section 13 of the Public Administration Act 2004 insert—
"13A Responsibility 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.".
21Remuneration of executives
Section 25A(b) of the Public Administration Act 2004 is repealed.
22New Part 3A inserted
After Part 3 of the Public Administration Act 2004 insert—
"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.
__________________".
23Duties of entity
After section 81(1)(d)(iii) of the Public Administration Act 2004 insert—
"(iv)assessing its own performance; and".
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Part 4—Repeal of Amending Act
24Repeal
This Act is repealed on 1 July 2015.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
Minister's second reading speech—
Legislative Assembly: 30 October 2013
Legislative Council: 12 December 2013
The long title for the Bill for this Act was "A Bill for an Act to amend the Public Administration Act 2004 to establish the Victorian Public Sector Commission to replace the State Services Authority and provide for its governance, functions and powers and for other purposes."
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