Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Public Administration Amendment Bill 2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--AMENDMENTS TO PUBLIC ADMINISTRATION ACT
2004 4
3 Definition of misconduct 4
4 Employment 4
5 Repeal of section 21 (Probation) 5
6 New section 22 substituted 5
22 Dealing with unsatisfactory performance, misconduct
and serious misconduct 5
7 New section 25A inserted 5
25A Remuneration of executives 5
8 Employee mobility 6
9 Transfers at direction 6
10 Machinery of Government transfers 6
11 New section 31 substituted and 31A inserted 7
31 Transfer does not affect employment continuity 7
31A Assignment of duties to employees 8
12 Termination of employment 8
13 Promotion of public sector values 8
14 New Part 7A inserted 9
PART 7A--EMPLOYER POWERS IN EMERGENCY
SITUATIONS 9
105A Declaration of emergency situation 9
105B Period of operation of declaration 11
105C Variation, extension or revocation of declaration 11
105D Report to Parliament 12
105E Powers of public sector body Heads in emergency
situations 12
15 Transitional provision inserted 13
14 Public Administration Amendment Act 2008 13
561202B.I-29/10/2008 i BILL LA INTRODUCTION 29/10/2008
Clause Page
PART 3--AMENDMENTS TO OMBUDSMAN ACT 1973 14
16 Functions and jurisdiction of Ombudsman 14
17 New Part VII inserted 14
PART VII--SAVING AND TRANSITIONAL
PROVISIONS 14
33 Validity of certain actions taken by Ombudsman 14
PART 4--AMENDMENTS TO PROJECT DEVELOPMENT
AND CONSTRUCTION MANAGEMENT ACT 1994 16
18 Purposes 16
19 Definitions 16
20 New Part 5A inserted 17
PART 5A--THE SECRETARY TO THE DEPARTMENT
OF INNOVATION, INDUSTRY AND REGIONAL
DEVELOPMENT 17
41A The Secretary is a body corporate 17
41B Functions of the Secretary to the Department of
Innovation, Industry and Regional Development 18
41C Powers of the Secretary to the Department of
Innovation, Industry and Regional Development 19
41D Secretary to the Department of Innovation, Industry
and Regional Development is subject to Ministerial
control 20
41E Department Head's powers are not affected 20
41F Delegation 21
21 Repeal of Part 5 21
22 New section 79 inserted 21
79 Secretary DOT body dissolved 21
23 New Part 10 inserted 22
PART 10--TRANSFER OF DESIGNATED FUNCTIONS 22
80 Definitions 22
81 Ministers may fix relevant date 24
82 Secretaries to prepare allocation statement or
statements 24
83 Certificate of Department Head of the Department of
Transport 26
84 Effect of transfer on nomination order 27
85 Property transferred to Secretary DIIRD body
corporate 27
86 Allocation of property etc. subject to encumbrances 28
87 Substitution of party to agreement 28
88 Secretary DOT instruments 29
89 Proceedings 29
561202B.I-29/10/2008 ii BILL LA INTRODUCTION 29/10/2008
Clause Page
90 Interests in land 29
91 Action by Registrar of Titles 30
92 Taxes 30
93 Evidence 30
94 Validity of things done under this Part 31
PART 5--AMENDMENTS TO PLANNING AND
ENVIRONMENT ACT 1987 33
24 Definitions 33
25 Delegation 33
PART 6--REPEAL OF AMENDING ACT 34
26 Repeal of amending Act 34
ENDNOTES 35
561202B.I-29/10/2008 iii BILL LA INTRODUCTION 29/10/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Public Administration Amendment
Bill 2008
A Bill for an Act to amend the Public Administration Act 2004, the
Ombudsman Act 1973, the Project Development and Construction
Management Act 1994 and the Planning and Environment Act
1987 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Public Administration Act
5 2004 in relation to--
(i) employer powers (including in
emergency situations);
(ii) employee mobility;
(iii) employee misconduct;
561202B.I-29/10/2008 1 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 1--Preliminary
s. 2
(iv) the powers of the Public Sector
Standards Commissioner;
(b) to amend the Ombudsman Act 1973 in
relation to the Ombudsman's jurisdiction in
5 respect of the Director, Police Integrity and
the Office of Police Integrity;
(c) to amend the Project Development and
Construction Management Act 1994--
(i) to create the Secretary to the
10 Department of Innovation, Industry and
Regional Development as a body
corporate;
(ii) to abolish the body corporate named
Secretary to the Department of
15 Transport;
(iii) to provide for the transfer of certain
matters from the Secretary to the
Department of Transport body
corporate to the Secretary to the
20 Department of Innovation, Industry and
Regional Development body corporate;
(d) to make consequential amendments to the
Planning and Environment Act 1987.
2 Commencement
25 (1) This Part, Part 3, sections 18(1), 19(1), 20, 23,
24(1) and 25 and Part 6 come into operation on
the day after the day on which this Act receives
the Royal Assent.
(2) Subject to subsection (3), sections 18(2), 19(2),
30 19(3), 21, 22 and 24(2) come into operation on a
day to be proclaimed.
(3) If sections 18(2), 19(2), 19(3), 21, 22 and 24(2) do
not come into operation before 30 June 2009, they
come into operation on that day.
561202B.I-29/10/2008 2 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 1--Preliminary
s. 2
(4) Subject to subsection (5), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(5) If a provision referred to in subsection (4) does
5 not come into operation before 1 October 2009, it
comes into operation on that day.
__________________
561202B.I-29/10/2008 3 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 2--Amendments to Public Administration Act 2004
s. 3
PART 2--AMENDMENTS TO PUBLIC ADMINISTRATION
ACT 2004
3 Definition of misconduct
See: In section 4 of the Public Administration Act
Act No.
5 108/2004. 2004 insert the following definition--
Reprint No. 1
as at "misconduct includes--
11 October
2006 (a) a contravention of a provision of this
and
amending Act, the regulations or a binding code
Act Nos of conduct;
23/2006,
10 24/2006,
43/2006,
(b) improper conduct in an official
28/2007, capacity;
58/2007,
4/2008 and (c) a contravention, without reasonable
24/2008.
LawToday:
excuse, of a lawful direction given to
www. the employee as an employee by a
legislation.
15 vic.gov.au
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;
20 (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
25 personally or for anyone else financial
or other benefits or to cause detriment
to the public service or the public
sector;".
4 Employment
30 Section 20(2) of the Public Administration Act
2004 is repealed.
561202B.I-29/10/2008 4 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 2--Amendments to Public Administration Act 2004
s. 5
5 Repeal of section 21 (Probation)
Section 21 of the Public Administration Act
2004 is repealed.
6 New section 22 substituted
5 For section 22 of the Public Administration Act
2004 substitute--
"22 Dealing with unsatisfactory performance,
misconduct and serious misconduct
The regulations may--
10 (a) establish procedures for dealing with
allegations of unsatisfactory
performance, misconduct and serious
misconduct; and
(b) empower the imposition of penalties for
15 misconduct or serious misconduct
which may include reduction in salary
or classification or both, suspension or
dismissal.".
7 New section 25A inserted
20 After section 25 of the Public Administration
Act 2004 insert--
"25A Remuneration of executives
The approval of the Premier is required in
respect of the remuneration to be paid to the
25 following classes of executives--
(a) public service body Heads;
(b) persons holding an office which is a
declared authority;
(c) a prescribed class of executives.".
561202B.I-29/10/2008 5 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 2--Amendments to Public Administration Act 2004
s. 8
8 Employee mobility
In the heading to Division 6 of Part 3 for
"Transfer of employees" substitute "Mobility of
employees".
5 9 Transfers at direction
(1) In the heading to section 28 of the Public
Administration Act 2004 after "Head" insert "or
public entity".
(2) After section 28(1) of the Public Administration
10 Act 2004 insert--
"(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
15 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.".
20 10 Machinery of Government transfers
(1) For section 30(1) of the Public Administration
Act 2004 substitute--
"(1) This section applies if a function is
transferred--
25 (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
30 body.
561202B.I-29/10/2008 6 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 2--Amendments to Public Administration Act 2004
s. 11
(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
5 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
10 permanent or for a fixed term.".
(2) In sections 30(2) and 30(3) of the Public
Administration Act 2004 for "(1)" substitute
"(1A)".
11 New section 31 substituted and 31A inserted
15 For section 31 of the Public Administration Act
2004 substitute--
"31 Transfer does not affect employment
continuity
(1) This section applies to a transfer of--
20 (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
25 (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.
30 (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.
561202B.I-29/10/2008 7 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 2--Amendments to Public Administration Act 2004
s. 12
31A Assignment 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
5 classification, skills and capabilities.".
12 Termination of employment
(1) For section 33(1)(d) of the Public
Administration Act 2004 substitute--
"(d) on the ground of serious misconduct; or".
10 (2) Section 33(1)(f) of the Public Administration
Act 2004 is repealed.
13 Promotion of public sector values
After section 66(6) of the Public Administration
Act 2004 insert--
15 "(7) The Public Sector Standards Commissioner
may make recommendations to a public
service body Head or a public entity Head on
the steps that should be taken to change or
introduce processes in relation to the public
20 service body or public entity in order to
promote or comply with public sector
employment principles, standards or codes of
conduct.
(8) If the public service body Head or public
25 entity Head does not adopt, or decide to
adopt, a recommendation made under
subsection (7) within 14 days after being
advised of the recommendation, he or she
must, within 7 days after the end of that
30 period, provide the Public Sector Standards
Commissioner with a written statement of
reasons for not adopting the
recommendation.".
561202B.I-29/10/2008 8 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 2--Amendments to Public Administration Act 2004
s. 14
14 New Part 7A inserted
After Part 7 of the Public Administration Act
2004 insert--
"PART 7A--EMPLOYER POWERS IN
5 EMERGENCY SITUATIONS
105A Declaration of emergency situation
(1) The Premier may declare that an emergency
situation exists for the purposes of this Part if
the Premier is satisfied that--
10 (a) circumstances exist that may cause a
serious risk to public health; or
(b) an emergency exists that has been or is
expected to be the subject of a
declaration of a state of emergency; or
15 (c) an emergency situation otherwise exists
which warrants the making of the
declaration; or
(d) the declaration is necessary to assist the
Victorian community or any part of the
20 Victorian community to recover from a
situation referred to in paragraph (a),
(b) or (c).
(2) The Premier must consult with the Minister
administering the Public Health and
25 Wellbeing Act 2008 and the Chief Health
Officer under that Act before making a
declaration on the ground that circumstances
exist that may cause a serious risk to public
health.
561202B.I-29/10/2008 9 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 2--Amendments to Public Administration Act 2004
s. 14
(3) Before making any declaration under this
section, the Premier--
(a) must consult with the Co-ordinator in
Chief and the State Co-ordinator under
5 the Emergency Management Act
1986; and
(b) may consult with any other persons
who the Premier considers it
appropriate to consult.
10 (4) Immediately on the making of a declaration
under this section, an emergency situation
exists for the purposes of this Part.
(5) The Premier must cause a notice of the
making of a declaration under this section to
15 be published in the Government Gazette as
soon as practicable after it is made.
(6) In this section a declaration of a state of
emergency means--
(a) a declaration of a state of emergency
20 under section 198 of the Public Health
and Wellbeing Act 2008;
(b) a declaration of a state of disaster under
the Emergency Management Act
1986;
25 (c) a proclamation under Part 6 of the
Electricity Industry Act 2000;
(d) a proclamation under Part 9 of the Gas
Industry Act 2001;
(e) a proclamation under the Fuel
30 Emergency Act 1977 declaring that a
state of emergency exists in relation to
fuel;
561202B.I-29/10/2008 10 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 2--Amendments to Public Administration Act 2004
s. 14
(f) a declaration of a vital state project as
referred to in the Vital State Projects
Act 1976;
(g) a declaration of a vital industry under
5 the Vital State Industries (Works and
Services) Act 1992;
(h) a prescribed proclamation or
declaration.
105B Period of operation of declaration
10 A declaration that an emergency situation
exists remains in force for the period, not
exceeding one month, specified in the notice
unless it is sooner revoked or extended under
this Part.
15 105C Variation, extension or revocation of
declaration
(1) The Premier may by declaration vary or
revoke or extend a declaration under
section 105A.
20 (2) A declaration may be extended (or extended
with variations) by another declaration for
further periods not exceeding one month
each but, subject to subsection (5), the total
period that the declaration continues in force
25 cannot exceed 6 months.
(3) Sections 105A(2) and 105A(3) apply to the
making of a declaration under this section
varying or extending a declaration in the
same way as they apply to the making of a
30 declaration under section 105A.
(4) A declaration under this section takes effect
immediately on its making.
561202B.I-29/10/2008 11 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 2--Amendments to Public Administration Act 2004
s. 14
(5) The Premier must cause a notice of the
making of a declaration under this section to
be published in the Government Gazette as
soon as practicable after it is made.
5 (6) The total period that the declaration
continues in force can be extended beyond
6 months if each House of Parliament, by
resolution, agrees to the extension before the
declaration ceases to have effect.
10 105D Report to Parliament
(1) If a declaration that an emergency situation
exists is made under this Part, the Premier
must cause a report on the emergency
situation and any action taken under section
15 105E(2) to be presented to each House of
Parliament--
(a) if that House is then sitting, as soon as
practicable after the declaration is
made; and
20 (b) if that House is not then sitting, as soon
as practicable after the next meeting of
that House.
(2) The report must set out the reasons for
making the declaration.
25 105E Powers of public sector body Heads in
emergency situations
(1) This section applies if a declaration that an
emergency situation exists is in force under
this Part.
30 (2) A public sector body Head may take all or
any of the following actions--
(a) assign any duties to an employee;
(b) require an employee to perform duties
with another public sector body;
561202B.I-29/10/2008 12 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 2--Amendments to Public Administration Act 2004
s. 15
(c) require an employee to perform duties
at a place other than his or her usual
place of work;
(d) direct an employee not to attend for
5 duty.
(3) An employee must comply with an action
taken under subsection (2), but otherwise
remains entitled to terms and conditions of
employment that are no less favourable than
10 those applying to his or her employment
before the action was taken.
(4) Nothing in this section affects any right or
duty that an employee has under any other
law.
15 Example
An employee would still be required to comply with a
duty under section 25 of the Occupational Health
and Safety Act 2004 to take reasonable care for his or
her own health and safety.
20 __________________".
15 Transitional provision inserted
After clause 13 of Schedule 2 to the Public
Administration Act 2004 insert--
"14 Public Administration Amendment Act
25 2008
Any instrument of delegation of a power
under section 20(2) existing immediately
before the commencement of section 4 of the
Public Administration Amendment Act
30 2008 continues in effect after that
commencement as if the delegation of the
power referred to section 20(1).".
_________________
561202B.I-29/10/2008 13 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 3--Amendments to Ombudsman Act 1973
s. 16
PART 3--AMENDMENTS TO OMBUDSMAN ACT 1973
16 Functions and jurisdiction of Ombudsman
See: (1) After section 13(3) of the Ombudsman Act 1973
Act No.
8414. insert--
Reprint No. 8
5 as at "(3AA) To avoid doubt, section 13(3)(aa) does not
7 March 2008
and
apply and is taken never to have applied to
amending the Director, Police Integrity or the Office of
Act Nos
65/2007 and
Police Integrity.".
34/2008.
LawToday: (2) After section 13(3A)(b) of the Ombudsman Act
10 www. 1973 insert--
legislation.
vic.gov.au "(ba) in respect of an administrative action taken
by that member in the course of the
secondment of that member to the Office of
Police Integrity; or".
15 17 New Part VII inserted
After Part VI of the Ombudsman Act 1973
insert--
"PART VII--SAVING AND TRANSITIONAL
PROVISIONS
20 33 Validity of certain actions taken by
Ombudsman
(1) Without limiting the effect of section
13(3AA), the following actions are taken to
be and always to have been valid to the
25 extent (if any) that they were not authorised
because of the effect of section 13(3)(aa) as
in force before the commencement day--
(a) any inquiry or investigation
commenced or undertaken by the
30 Ombudsman into the Director, Police
Integrity or the Office of Police
561202B.I-29/10/2008 14 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 3--Amendments to Ombudsman Act 1973
s. 17
Integrity before the commencement
day;
(b) any act or action taken or decision
made by, or on behalf of, the
5 Ombudsman concerning--
(i) any inquiry or investigation
commenced or undertaken by the
Ombudsman into the Director,
Police Integrity or the Office of
10 Police Integrity before the
commencement day; or
(ii) any complaint received by the
Ombudsman concerning the
Director, Police Integrity or the
15 Office of Police Integrity before
the commencement day.
(2) Without limiting the effect of section
13(3AA), any enquiry into or investigation
by the Ombudsman into the Director, Police
20 Integrity or the Office of Police Integrity
may relate to conduct that occurred before
the commencement day.
(3) In this section commencement day means
the date of commencement of section 16 of
25 the Public Administration Amendment
Act 2008.
__________________".
__________________
561202B.I-29/10/2008 15 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 4--Amendments to Project Development and Construction Management
s. 18
Act 1994
PART 4--AMENDMENTS TO PROJECT DEVELOPMENT
AND CONSTRUCTION MANAGEMENT ACT 1994
18 Purposes
See: (1) In section 1 of the Project Development and
Act No.
5 101/1994. Construction Management Act 1994 for
Reprint No. 3 paragraphs (da) and (db) substitute--
as at
1 January
2001
"(da) to establish the Secretary to the Department
and of Innovation, Industry and Regional
amending
Act Nos
Development as a body corporate;
57/2001,
10 16/2003 and (db) to provide for the transfer of certain matters
108/2004. from the Secretary to the Department of
LawToday:
www. Transport to the Secretary to the Department
legislation. of Innovation, Industry and Regional
vic.gov.au
Development;".
15 (2) In section 1 of the Project Development and
Construction Management Act 1994 paragraph
(c) is repealed.
19 Definitions
(1) In section 3(1) of the Project Development and
20 Construction Management Act 1994 insert the
following definition--
"Secretary to the Department of Innovation,
Industry and Regional Development means
the body corporate established under
25 section 41A;".
(2) In section 3(1) of the Project Development and
Construction Management Act 1994, the
definition of Secretary to the Department of
Infrastructure is repealed.
30 (3) Section 3(2) of the Project Development and
Construction Management Act 1994 is
repealed.
561202B.I-29/10/2008 16 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 4--Amendments to Project Development and Construction Management
s. 20
Act 1994
20 New Part 5A inserted
After Part 5 of the Project Development and
Construction Management Act 1994 insert--
'PART 5A--THE SECRETARY TO THE
5 DEPARTMENT OF INNOVATION, INDUSTRY
AND REGIONAL DEVELOPMENT
41A The Secretary is a body corporate
(1) The person who is for the time being the
Department Head (within the meaning of the
10 Public Administration Act 2004) of the
Department of Innovation, Industry and
Regional Development and the successors in
office of that person are a body corporate
under the name "Secretary to the Department
15 of Innovation, Industry and Regional
Development " which, by that name--
(a) has perpetual succession;
(b) has an official seal;
(c) may sue and be sued;
20 (d) may acquire, hold and dispose of real
and personal property;
(e) may do and suffer all things that a body
corporate may, by law, do and suffer.
(2) The official seal of the Secretary to the
25 Department of Innovation, Industry and
Regional Development must be kept as
directed by the Secretary and must not be
used except as authorised by the Secretary.
(3) All courts must take judicial notice of the
30 official seal of the Secretary to the
Department of Innovation, Industry and
Regional Development on a document and,
until the contrary is proved, must presume
that the seal was properly affixed.
561202B.I-29/10/2008 17 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 4--Amendments to Project Development and Construction Management
s. 20
Act 1994
41B Functions of the Secretary to the
Department of Innovation, Industry and
Regional Development
(1) The Secretary to the Department of
5 Innovation, Industry and Regional
Development has the following functions--
(a) by agreement, to facilitate and manage
public construction for departments and
public bodies;
10 (b) in relation to public construction--
(i) to provide consultancies,
information and advice to
departments and public bodies;
(ii) to provide advice and information
15 to the Minister;
(c) by agreement, to facilitate and manage
construction for other persons or
bodies.
(2) In addition to subsection (1), the Secretary to
20 the Department of Innovation, Industry and
Regional Development has any functions
conferred on the Secretary to the Department
of Innovation, Industry and Regional
Development under Part 3.
25 (3) In addition to subsections (1) and (2), the
Secretary to the Department of Innovation,
Industry and Regional Development has any
functions conferred on the Secretary to the
Department of Innovation, Industry and
30 Regional Development under Part 9A of the
Planning and Environment Act 1987.
(4) The Secretary to the Department of
Innovation, Industry and Regional
Development may perform its functions
35 within or outside Victoria.
561202B.I-29/10/2008 18 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 4--Amendments to Project Development and Construction Management
s. 20
Act 1994
41C Powers of the Secretary to the
Department of Innovation, Industry and
Regional Development
(1) The Secretary to the Department of
5 Innovation, Industry and Regional
Development has all the powers necessary to
perform its functions under section 41B(1).
(2) Without limiting subsection (1), the
Secretary to the Department of Innovation,
10 Industry and Regional Development may, in
the performance of its functions under
section 41B(1)--
(a) enter into any agreements or
arrangements with any person or body;
15 (b) enter into agreements or arrangements
for the provision by the Secretary to the
Department of Innovation, Industry and
Regional Development of
administration, management or
20 information systems or services;
(c) do all things necessary or convenient to
be done to give effect to the agreements
and arrangements referred to in
paragraphs (a) and (b);
25 (d) with the approval of the Treasurer,
form, participate in the formation of, or
be a member of a body corporate,
association, partnership, trust or other
body and enter into a joint venture with
30 any other person.
561202B.I-29/10/2008 19 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 4--Amendments to Project Development and Construction Management
s. 20
Act 1994
(3) The Secretary to the Department of
Innovation, Industry and Regional
Development has any powers conferred
under Part 3 to perform the functions
5 conferred on the Secretary to the Department
of Innovation, Industry and Regional
Development under that Part.
(4) The Secretary to the Department of
Innovation, Industry and Regional
10 Development has any powers conferred on
the Secretary to the Department of
Innovation, Industry and Regional
Development under Part 9A of the Planning
and Environment Act 1987.
15 (5) The Secretary to the Department of
Innovation, Industry and Regional
Development may exercise its powers within
or outside Victoria.
41D Secretary to the Department of
20 Innovation, Industry and Regional
Development is subject to Ministerial
control
In the exercise of powers and functions the
Secretary to the Department of Innovation,
25 Industry and Regional Development is
subject to the direction and control of the
Minister.
41E Department Head's powers are not
affected
30 The powers and functions of the person who
for the time being constitutes the Secretary to
the Department of Innovation, Industry and
Regional Development are in addition to,
and do not affect, that person's powers and
35 functions as a Department Head under the
Public Administration Act 2004.
561202B.I-29/10/2008 20 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 4--Amendments to Project Development and Construction Management
s. 21
Act 1994
41F Delegation
The Secretary to the Department of
Innovation, Industry and Regional
Development may by instrument delegate
5 any of the powers conferred on the Secretary
to the Department of Innovation, Industry
and Regional Development under this Part or
the regulations (other than this power of
delegation) to--
10 (a) any employee or class of employees
employed in the Department of
Innovation, Industry and Regional
Development; or
(b) the holder of any office or position in
15 that Department.
__________________'.
21 Repeal of Part 5
Part 5 of the Project Development and
Construction Management Act 1994 is
20 repealed.
22 New section 79 inserted
After section 78 of the Project Development and
Construction Management Act 1994 insert--
'79 Secretary DOT body dissolved
25 On the repeal of Part 5 by the Public
Administration Amendment Act 2008, the
body corporate known as "Secretary to the
Department of Transport" is dissolved.'.
561202B.I-29/10/2008 21 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 4--Amendments to Project Development and Construction Management
s. 23
Act 1994
23 New Part 10 inserted
After Part 9 of the Project Development and
Construction Management Act 1994 insert--
"PART 10--TRANSFER OF DESIGNATED
5 FUNCTIONS
80 Definitions
In this Part--
allocation statement means an allocation
statement made under section 82;
10 designated function means--
(a) a function conferred on the
Secretary DOT body corporate
under Part 3 or Part 5 before the
relevant date; or
15 (b) a function conferred on the
Secretary DOT body corporate
under Part 9A of the Planning
and Environment Act 1987
before the relevant date;
20 former Secretary of Transport property
means property, rights or liabilities of
the Secretary DOT body corporate that,
under this Part, have vested in or
become liabilities of the Secretary
25 DIIRD body corporate;
instrument includes a document and an oral
agreement;
liabilities means all liabilities, duties and
obligations, whether actual, contingent
30 or prospective;
561202B.I-29/10/2008 22 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 4--Amendments to Project Development and Construction Management
s. 23
Act 1994
property means any legal or equitable estate
or interest (whether present or future
and whether vested or contingent) in
real or personal property of any
5 description;
relevant date means a date fixed by the
Ministers under section 81 as the
relevant date for an allocation
statement;
10 relevant Ministers means--
(a) the Minister administering the
Transport Act 1983; and
(b) the Minister administering the
Docklands Act 1991;
15 rights means all rights, powers, privileges
and immunities, whether actual,
contingent or prospective;
Secretary DIIRD body corporate means the
body corporate constituted under
20 section 41A;
Secretary DOT body corporate means the
body corporate constituted under
section 35;
Secretary DOT instrument means an
25 instrument (including a legislative
instrument other than this Act)
subsisting immediately before the
relevant date--
(a) to which the Secretary DOT body
30 corporate was a party; or
(b) that was given to or in favour of
the Secretary DOT body
corporate; or
561202B.I-29/10/2008 23 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 4--Amendments to Project Development and Construction Management
s. 23
Act 1994
(c) that refers to the Secretary DOT
body corporate; or
(d) under which--
(i) money is, or may become,
5 payable to or by the
Secretary DOT body
corporate; or
(ii) other property is to be, or
may become liable to be,
10 transferred to or by the
Secretary DOT body
corporate.
81 Ministers may fix relevant date
The relevant Ministers, by notice published
15 in the Government Gazette, may fix the
relevant date for the purposes of an
allocation statement under section 82.
82 Secretaries to prepare allocation
statement or statements
20 (1) The Department Head of the Department of
Transport and the Department Head of the
Department of Innovation, Industry and
Regional Development must give to the
relevant Ministers and the Treasurer within
25 the period approved by the relevant
Ministers and the Treasurer, a statement or
statements approved by the Treasurer and the
relevant Ministers relating to the property,
rights and liabilities of the Secretary DOT
30 body corporate in relation to a designated
function as at the relevant date.
561202B.I-29/10/2008 24 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 4--Amendments to Project Development and Construction Management
s. 23
Act 1994
(2) A statement under this section in relation to a
designated function--
(a) must allocate to the Secretary DIIRD
body corporate all the property, rights
5 and liabilities of the Secretary DOT
body corporate which relate to the
function; and
(b) must be signed by the Department Head
of the Department of Transport and the
10 Department Head of the Department of
Innovation, Industry and Regional
Development.
(3) If a statement under this section is approved
by the Treasurer and the relevant
15 Ministers--
(a) the Treasurer and the relevant Ministers
must sign the statement; and
(b) the statement is an allocation statement
for the purposes of this Part.
20 (4) The Treasurer and the relevant Ministers
may at any time direct the Department Head
of the Department of Transport and the
Department Head of the Department of
Innovation, Industry and Regional
25 Development to amend a statement given to
them under this section as specified in the
direction.
(5) An allocation statement under this section
may be amended by writing signed by the
30 Treasurer and the relevant Ministers.
(6) In this section, statement and allocation
statement include a statement or allocation
statement amended in accordance with this
section.
561202B.I-29/10/2008 25 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 4--Amendments to Project Development and Construction Management
s. 23
Act 1994
83 Certificate of Department Head of the
Department of Transport
(1) A certificate signed by the Department Head
of the Department of Transport certifying
5 that property, rights or liabilities of the
Secretary DOT body corporate specified in
the certificate have been allocated under an
allocation statement to the Secretary DIIRD
body corporate is, unless revoked under
10 subsection (2), conclusive evidence--
(a) that the property, rights or liabilities
have been so allocated; and
(b) that the property, rights or liabilities
vested in or became the property, rights
15 or liabilities of the Secretary DIIRD
body corporate on the relevant date.
(2) If the Treasurer and the relevant Ministers so
direct the Department Head of the
Department of Transport in writing, the
20 Department Head must revoke a certificate
given under subsection (1) by issuing
another certificate or certificates in place of
the first certificate.
(3) The Department Head of the Department of
25 Transport--
(a) must keep a register of certificates
issued under this section; and
(b) must make the register reasonably
available for inspection by the
30 Secretary DIIRD body corporate or any
other interested person.
561202B.I-29/10/2008 26 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 4--Amendments to Project Development and Construction Management
s. 23
Act 1994
84 Effect of transfer on nomination order
If an allocation statement relates to a
nominated project, on and after the relevant
date--
5 (a) in any nomination order in force as at
that relevant date for the nominated
project, a reference to the Secretary
DOT body corporate as the facilitating
agency for the nominated project must
10 be construed as a reference to the
Secretary DIIRD body corporate as the
facilitating agency for that project; and
(b) the Secretary DIIRD body corporate is
deemed to be the facilitating agency for
15 that project; and
(c) unless revoked, amended or varied in
accordance with this Act, any other
provision of the nomination order and
any application order in force as at the
20 relevant date relating to that project
continues to apply to that project.
85 Property transferred to Secretary DIIRD
body corporate
On the relevant date--
25 (a) all property and rights of the Secretary
DOT body corporate that are allocated
under an allocation statement to the
Secretary DIIRD body corporate vest in
the Secretary DIIRD body corporate;
30 and
(b) all liabilities of the Secretary DOT
body corporate that are allocated under
an allocation statement to the Secretary
DIIRD body corporate become
35 liabilities of the Secretary DIIRD body
corporate.
561202B.I-29/10/2008 27 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 4--Amendments to Project Development and Construction Management
s. 23
Act 1994
86 Allocation of property etc. subject to
encumbrances
Unless an allocation statement otherwise
provides, if, under this Part, property and
5 rights vest in the Secretary DIIRD body
corporate or liabilities become liabilities of
the Secretary DIIRD body corporate--
(a) the property and rights so vested are
subject to the encumbrances (if any) to
10 which they were subject immediately
before so vesting; and
(b) the rights to which the Secretary DOT
body corporate was entitled in respect
of those liabilities immediately before
15 they ceased to be liabilities of that body
corporate vest in the Secretary DIIRD
body corporate.
87 Substitution of party to agreement
If, under an allocation statement, the rights
20 and liabilities of the Secretary DOT body
corporate under an agreement are allocated
to the Secretary DIIRD body corporate--
(a) the Secretary DIIRD body corporate
becomes, on the relevant date, a party
25 to the agreement in place of the
Secretary DOT body corporate; and
(b) on and after the relevant date, the
agreement has effect as if the Secretary
DIIRD body corporate had always been
30 a party to the agreement.
561202B.I-29/10/2008 28 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 4--Amendments to Project Development and Construction Management
s. 23
Act 1994
88 Secretary DOT instruments
Each Secretary DOT instrument relating to
former Secretary of Transport property
allocated to the Secretary DIIRD body
5 corporate under an allocation statement
continues to have effect according to its
tenor on and after the relevant date as if a
reference in the instrument to the Secretary
DOT body corporate were a reference to the
10 Secretary DIIRD body corporate.
89 Proceedings
If, immediately before the relevant date for
an allocation statement, proceedings relating
to former Secretary of Transport property
15 (including arbitration proceedings) allocated
to the Secretary DIIRD body corporate under
the allocation statement, to which the
Secretary DOT body corporate was a party
were pending or existing in any court or
20 tribunal, then, on and after that date, the
Secretary DIIRD body corporate is
substituted for the Secretary DOT body
corporate as a party to the proceedings and
has the same rights in the proceedings as the
25 Secretary DOT body corporate had.
90 Interests in land
If, immediately before the relevant date for
an allocation statement, the Secretary DOT
body corporate is, in relation to former
30 Secretary of Transport property, the
registered proprietor of an interest in land
under the Transfer of Land Act 1958 that is
allocated to the Secretary DIIRD body
corporate under the allocation statement,
35 then on and after that date--
561202B.I-29/10/2008 29 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 4--Amendments to Project Development and Construction Management
s. 23
Act 1994
(a) the Secretary DIIRD body corporate is
deemed to be the registered proprietor
of that interest in land; and
(b) the Secretary DIIRD body corporate
5 has the same rights and remedies in
respect of that interest as the Secretary
DOT body corporate had.
91 Action by Registrar of Titles
On being requested to do so and on delivery
10 of any relevant instrument or document, the
Registrar of Titles must make any recordings
in the Register that are necessary because of
the operation of this Part.
92 Taxes
15 No duty or other tax is chargeable under any
Act in respect of anything done under this
Part or in respect of any act or transaction
connected with or necessary to be done by
reason of this Part, including a transaction
20 entered into or an instrument made,
executed, lodged or given, for the purpose
of, or connected with the transfer of
property, rights or liabilities of the Secretary
DOT body corporate.
25 93 Evidence
(1) Documentary or other evidence that would
have been admissible for or against the
interests of the Secretary DOT body
corporate in relation to former Secretary of
30 Transport property if this Part had not been
enacted, is admissible for or against the
interests of the Secretary DIIRD body
corporate, if the property is allocated to that
body under an allocation statement.
561202B.I-29/10/2008 30 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 4--Amendments to Project Development and Construction Management
s. 23
Act 1994
(2) Division 3A of Part III of the Evidence Act
1958 continues to apply with respect to the
books of account of the Secretary DOT body
corporate and to entries made in those books
5 of account before the relevant date, whether
or not they relate to former Secretary of
Transport property.
(3) In subsection (2), books of account has the
same meaning as in Division 3A of Part III
10 of the Evidence Act 1958.
94 Validity of things done under this Part
(1) Nothing effected by this Part or done or
suffered under this Part--
(a) is to be regarded as placing any person
15 in breach of contract or confidence or
as otherwise making any of them guilty
of a civil wrong; or
(b) is to be regarded as placing any person
in breach of or as constituting a default
20 under any Act or other law or any
provision in any agreement,
arrangement or understanding
including, without limiting the
generality of the foregoing, any
25 provision prohibiting, restricting or
regulating the assignment or transfer of
any property or the disclosure of any
information; or
(c) is to be regarded as fulfilling any
30 condition which allows a person to
exercise a right or remedy in respect of
or to terminate any agreement or
obligation; or
(d) releases any surety or other obligor
35 wholly or in part from any obligation.
561202B.I-29/10/2008 31 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 4--Amendments to Project Development and Construction Management
s. 23
Act 1994
(2) In this section Act does not include the
Charter of Human Rights and
Responsibilities.
__________________".
__________________
561202B.I-29/10/2008 32 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 5--Amendments to Planning and Environment Act 1987
s. 24
PART 5--AMENDMENTS TO PLANNING AND
ENVIRONMENT ACT 1987
24 Definitions
(1) In section 201E of the Planning and See:
Act No.
5 Environment Act 1987 for the definition of 45/1987.
Secretary substitute-- Reprint No. 5
as at
17 August
"Secretary means-- 2005
and
(a) the body corporate established under amending
section 41A of the Project Act Nos
18/2005,
10 Development and Construction 32/2006,
Management Act 1994; or 33/2006,
80/2006,
(b) the body corporate established under 81/2006 and
47/2007.
section 35 of the Project Development LawToday:
and Construction Management Act www.
legislation.
15 1994.". vic.gov.au
(2) In section 201E of the Planning and
Environment Act 1987, in the definition of
Secretary, paragraph (b) is repealed.
25 Delegation
20 In section 201G of the Planning and
Environment Act 1987 for "officer or class of
officers of the Department" substitute "person
employed in the Department or the holder of any
office or position in the Department".
__________________
561202B.I-29/10/2008 33 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Part 6--Repeal of Amending Act
s. 26
PART 6--REPEAL OF AMENDING ACT
26 Repeal of amending Act
This Act is repealed on 1 October 2010.
Note
5 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).
561202B.I-29/10/2008 34 BILL LA INTRODUCTION 29/10/2008
Public Administration Amendment Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561202B.I-29/10/2008 35 BILL LA INTRODUCTION 29/10/2008
[Index] [Search] [Download] [Related Items] [Help]