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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Public Sector Acts (Further Workplace Protection
and Other Matters) Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purpose 2
2. Commencement 3
PART 2--UNFAIR DISMISSAL AMENDMENTS 4
3. New Subdivision 5A inserted in Division 2 of Part 4 of the
Public Administration Act 2004 4
Subdivision 5A--Role 5 4
70A. Statement of role 5 4
70B. Role 5 to be performed by PSSC 4
70C. Definitions 4
70D. Exclusions 5
70E. Application to PSSC to deal with termination 6
70F. Dismissal of application for want of jurisdiction 8
70G. Applications that are frivolous, vexatious or lacking in
substance 9
70H. Extension of time applications may be decided without
a hearing 10
70I. Dismissal of application relating to termination for
operational reasons 10
70J. Conciliation 12
70K. Applicant to elect whether or not to proceed to
arbitration 13
70L. Arbitration 14
70M. Remedies on arbitration 16
70N. Orders made on arbitration are binding 21
70P. Public Sector Standards Commissioner may dismiss
application if applicant fails to attend 21
70Q. Limitation on applications under section 70E(1) 22
70R. No second applications under section 70E(1)
concerning same termination to be made 24
70S. Orders to be in writing 25
70T. When orders take effect 25
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70U. Compliance with orders 25
70V. Variation and revocation of orders 25
70W. Public Sector Standards Commissioner may determine
procedure 26
70X. Personal liability 26
70Y. Immunity of participants 26
70Z. Regulations 27
4. Consequential amendments 28
5. New Division 7 inserted in Part 3 of the Parliamentary
Administration Act 2005 30
Division 7--Relief in Respect of Termination of
Employment 30
29A. Definitions 30
29B. Exclusions 31
29C. Application to PSSC to deal with termination 31
29D. Dismissal of application for want of jurisdiction 33
29E. Applications that are frivolous, vexatious or lacking in
substance 34
29F. Extension of time applications may be decided without
a hearing 35
29G. Dismissal of application relating to termination for
operational reasons 36
29H. Conciliation 37
29I. Applicant to elect whether or not to proceed to
arbitration 38
29J. Arbitration 39
29K. Remedies on arbitration 41
29L. Orders made on arbitration are binding 46
29M. Public Sector Standards Commissioner may dismiss
application if applicant fails to attend 46
29N. Limitation on applications under section 29C(1) 46
29P. No second applications under section 29C(1)
concerning same termination to be made 49
29Q. Orders to be in writing 49
29R. When orders take effect 49
29S. Compliance with orders 49
29T. Variation and revocation of orders 50
29U. Public Sector Standards Commissioner may determine
procedure 50
29V. Personal liability 50
29W. Immunity of participants 51
29X. Regulations 51
6. Consequential amendments 52
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Clause Page
PART 3--AMENDMENT OF PUBLIC ADMINISTRATION ACT
2004 54
7. What are public entities? 54
8. Public sector values 54
9. Right of return 55
10. Terms and conditions of appointment of members 55
11. New section 44A inserted 56
44A. Application of Freedom of Information Act 1982 56
12. New section 44B inserted 56
44B. Application of Part 7A of Financial Management Act
1994 56
13. Delegation 56
14. Transitional provision 57
13. Public Sector Acts (Further Workplace Protection
and Other Matters) Act 2006 57
PART 4--AMENDMENT OF AUDIT ACT 1994 58
15. Auditor-General's annual plan 58
16. Standards 59
PART 5--AMENDMENT OF COMMONWEALTH GAMES
ARRANGEMENTS ACT 2001 60
17. New sections 57C and 57D inserted 60
57C. Date of abolition of Corporation 60
57D. Corporation abolished and transfer of assets and
liabilities 60
18. Expiry 60
19. New Schedule 6 inserted 61
SCHEDULE 6--Corporation Abolished and Transfer of
Assets and Liabilities 61
PART 6--AMENDMENT OF OMBUDSMAN ACT 1973 64
20. Delegation 64
PART 7--AMENDMENT OF PUBLIC SECTOR EMPLOYMENT
(AWARD ENTITLEMENTS) ACT 2006 65
21. Purposes and definitions 65
22. New Part 3A inserted 65
PART 3A--RESTRICTION ON AGREEMENTS 65
15A. Definitions 65
15B. Restriction on public sector employer offering statutory
industrial agreement 66
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Clause Page
15C. Limitation on certain powers of public sector
employers 67
15D. Common law not excluded 68
15E. Application 68
23. Amendment of Commonwealth Powers (Industrial Relations)
Act 1996 68
PART 8--MINOR AND CONSEQUENTIAL AMENDMENTS 70
24. Minor amendments to the Public Administration Act 2004 70
25. Minor amendment to the Parliamentary Administration Act
2005 70
26. Amendments to other Acts 70
ENDNOTES 95
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PARLIAMENT OF VICTORIA
A BILL
to amend the Public Administration Act 2004 and certain other Acts
consequentially on that Act, to amend the Audit Act 1994, the
Commonwealth Games Arrangements Act 2001, the
Commonwealth Powers (Industrial Relations) Act 1996, the
Ombudsman Act 1973, the Parliamentary Administration Act
2005 and the Public Sector Employment (Award Entitlements) Act
2006 and for other purposes.
Public Sector Acts (Further Workplace
Protection and Other Matters) Act 2006
The Parliament of Victoria enacts as follows:
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Public Sector Acts (Further Workplace Protection and Other
Matters) Act 2006
Act No.
Part 1--Preliminary
s. 1
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is--
(a) to amend the Public Administration Act
2004 and the Parliamentary
5
Administration Act 2005 to enable certain
public sector employees and Parliamentary
officers to apply to the Public Sector
Standards Commissioner for relief in respect
of termination of employment on the ground
10
that the termination was harsh, unjust or
unreasonable;
(b) to amend the Public Administration Act
2004 in relation to--
(i) the definition of "public entity";
15
(ii) the application of certain public sector
values;
(iii) the right of return of former executives;
(iv) the application to the State Services
Authority of the Freedom of
20
Information Act 1982 and Part 7A of
the Financial Management Act 1994;
(v) the delegation powers of the State
Services Authority;
(c) to amend the Audit Act 1994 with respect to
25
the transmission of the Auditor-General's
annual plan to Parliament and to update
references to standards;
(d) to amend the Commonwealth Games
Arrangements Act 2001 in relation to the
30
abolition of the Melbourne 2006
Commonwealth Games Corporation;
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Act No.
Part 1--Preliminary
s. 2
(e) to amend the Ombudsman Act 1973 to
enable the delegation of the Ombudsman's
powers and functions under other Acts;
(f) to amend the Public Sector Employment
(Award Entitlements) Act 2006 to assist in
5
giving effect to Australia's obligations under
certain International Labour Organisation
conventions;
(g) to make minor and consequential
amendments to certain other Acts.
10
2. Commencement
(1) This Act, except section 11, comes into operation
on the day after the day on which it receives the
Royal Assent.
(2) Section 11 is deemed to have come into operation
15
on 4 April 2005.
__________________
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Public Sector Acts (Further Workplace Protection and Other
Matters) Act 2006
Act No.
Part 2--Unfair Dismissal Amendments
s. 3
PART 2--UNFAIR DISMISSAL AMENDMENTS
See: 3. New Subdivision 5A inserted in Division 2 of Part 4
Act No.
of the Public Administration Act 2004
108/2004.
Amended by
After Subdivision 5 of Division 2 of Part 4 of the
Act Nos
20/2005,
Public Administration Act 2004 insert--
5 30/2005,
84/2005,
'Subdivision 5A--Role 5
23/2006,
24/2006,
29/2006 and
70A. Statement of role 5
43/2006.
LawToday:
Role 5 of the Authority is to enable certain
www.dms.
dpc.vic.
public sector employees and Parliamentary
gov.au
officers whose employment is terminated to
10
apply for relief in respect of that termination
on the ground that it was harsh, unjust or
unreasonable.
Note: This Subdivision deals with applications by relevant
15 public sector employees. Division 7 of Part 3 of the
Parliamentary Administration Act 2005 deals with
applications by relevant Parliamentary officers.
70B. Role 5 to be performed by PSSC
Role 5 of the Authority is to be performed by
the Public Sector Standards Commissioner
20
independently.
70C. Definitions
(1) In this Subdivision--
"Commonwealth Act" means the
Workplace Relations Act 1996 of the
25
Commonwealth;
"employer" means an entity that employs,
or usually employs, a public sector
employee in the capacity of public
sector employee;
30
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"operational reasons" means reasons of an
economic, technological, structural or
similar nature relating to an employer's
undertaking, establishment, service or
business, or to a part of an employer's
5
undertaking, establishment, service or
business;
"relevant public sector employee" means a
person who, immediately before the
termination of his or her employment,
10
was a public sector employee and
who--
(a) cannot apply under section 643 of
the Commonwealth Act to the
Australian Industrial Relations
15
Commission on the ground that
the termination was harsh, unjust
or unreasonable, or on grounds
that include that ground, because
his or her employer employed
20
100 employees or fewer at the
relevant time; and
(b) is not excluded by or under
section 70D from the operation of
this Subdivision.
25
(2) An expression used in this Subdivision and
in Division 4 of Part 12 of the
Commonwealth Act has the same meaning in
this Subdivision as it has in that Division,
unless the contrary intention appears.
30
70D. Exclusions
(1) The following kinds of public sector
employees are excluded from the operation
of this Subdivision--
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(a) a public sector employee who, by force
of section 638(1) of the Commonwealth
Act, is excluded from the operation of
Subdivision B of Division 4 of Part 12
of that Act;
5
(b) a public sector employee who is a
member of a class of public sector
employee excluded from the operation
of this Subdivision by regulations made
under sub-section (2).
10
(2) The regulations may exclude from the
operation of this Subdivision a specified
class of public sector employee.
70E. Application to PSSC to deal with
termination
15
(1) Subject to sub-sections (2) and (4), a relevant
public sector employee whose employment
has been terminated by the employer may
apply to the Public Sector Standards
Commissioner for relief in respect of the
20
termination of that employment on the
ground that the termination was harsh, unjust
or unreasonable.
(2) An application must not be made under sub-
section (1) unless the relevant public sector
25
employee concerned had completed the
qualifying period of employment with the
employer at the earlier of the following
times--
(a) the time when the employer gave the
30
employee the notice of termination;
(b) the time when the employer terminated
the employee's employment.
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(3) For the purposes of sub-section (2), the
qualifying period of employment is--
(a) 6 months; or
(b) a shorter period, or no period,
determined by written agreement
5
between the public sector employee and
employer before the commencement of
the employment; or
(c) a longer period determined by written
agreement between the public sector
10
employee and employer before the
commencement of the employment,
being a reasonable period having regard
to the nature and circumstances of the
employment.
15
(4) An application must not be made under sub-
section (1) if the public sector employee's
employment was terminated for genuine
operational reasons or for reasons that
include genuine operational reasons.
20
(5) An application under sub-section (1) must be
lodged within 21 days after the day on which
the termination took effect, or within such
period as the Public Sector Standards
Commissioner allows on an application
25
made during or after those 21 days.
(6) An application under sub-section (1) may be
discontinued by the applicant, whether or not
the employer and the relevant public sector
employee have agreed to settle the matter.
30
Regulations may prescribe the manner in
which an application may be discontinued
and, if so, the application must be
discontinued in accordance with the
regulations.
35
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70F. Dismissal of application for want of
jurisdiction
(1) A respondent may apply to the Public Sector
Standards Commissioner for the dismissal of
an application under section 70E(1) on the
5
ground that the application is outside the
jurisdiction of the Public Sector Standards
Commissioner.
(2) An application may be made under sub-
section (1) at any time, including a time
10
before the Public Sector Standards
Commissioner has begun dealing with the
application.
(3) If the Public Sector Standards Commissioner
is satisfied that an application under section
15
70E(1) is outside his or her jurisdiction--
(a) because the employee is excluded from
the operation of this Subdivision by or
under section 70D; or
(b) because of the operation of section
20
70E(2) (which relates to qualifying
periods)--
the Public Sector Standards Commissioner
must make an order dismissing the
application.
25
(4) The Public Sector Standards Commissioner
may make an order under sub-section (3)
even if no application has been made under
sub-section (1) if it appears to him or her, on
the face of all the materials before him or
30
her, that the application under section 70E(1)
is outside his or her jurisdiction for a reason
mentioned in sub-section (3)(a) or (b).
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(5) If--
(a) a respondent has applied under sub-
section (1); and
(b) the Public Sector Standards
Commissioner is not satisfied as
5
mentioned in sub-section (3)(a) or (b)
in relation to the application--
the Public Sector Standards Commissioner
must make an order refusing the application
for dismissal.
10
(6) The Public Sector Standards Commissioner
is not required to hold a hearing in relation to
the making of an order under sub-section (3)
or (5).
70G. Applications that are frivolous, vexatious
15
or lacking in substance
(1) A respondent may apply to the Public Sector
Standards Commissioner for the dismissal of
an application under section 70E(1) on the
ground that the application is frivolous,
20
vexatious or lacking in substance.
(2) If the Public Sector Standards Commissioner
is satisfied that an application under section
70E(1) is frivolous, vexatious or lacking in
substance, he or she must make an order
25
dismissing the application.
(3) If--
(a) a respondent has applied under sub-
section (1); and
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(b) the Public Sector Standards
Commissioner is not satisfied that the
application under section 70E(1) is
frivolous, vexatious or lacking in
substance--
5
the Public Sector Standards Commissioner
must make an order refusing the application
for dismissal.
(4) The Public Sector Standards Commissioner
is not required to hold a hearing in relation to
10
the making of an order under sub-section (2)
or (3).
70H. Extension of time applications may be
decided without a hearing
If a public sector employee whose
15
employment has been terminated by an
employer makes an application (the
extension of time application) under section
70E(5) requesting the Public Sector
Standards Commissioner to allow an
20
application to be lodged under section
70E(1) after the period of 21 days after the
termination took effect, the Public Sector
Standards Commissioner is not required to
hold a hearing in relation to the extension of
25
time application.
70I. Dismissal of application relating to
termination for operational reasons
(1) If--
(a) an application is made under section
30
70E(1); and
(b) either--
(i) the respondent has applied for the
dismissal of the application on the
ground that the application is
35
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outside the jurisdiction of the
Public Sector Standards
Commissioner because the public
sector employee's employment
was terminated for genuine
5
operational reasons or for reasons
that include genuine operational
reasons; or
(ii) it appears to the Public Sector
Standards Commissioner, on the
10
face of all the materials before
him or her, that the public sector
employee's employment may have
been terminated for genuine
operational reasons or for reasons
15
that include genuine operational
reasons--
the Public Sector Standards Commissioner
must, subject to section 70F(6), 70G(4) or
70H (as the case requires), hold a hearing to
20
deal with the operational reasons issue.
(2) If, as a result of the hearing, the Public
Sector Standards Commissioner is satisfied
that the operational reasons relied on by the
respondent were genuine, the Public Sector
25
Standards Commissioner must make an order
dismissing the application.
(3) A finding by the Public Sector Standards
Commissioner that he or she is not satisfied
that the operational reasons relied on by the
30
respondent were genuine is final and binding
between the parties in any proceedings
before the Public Sector Standards
Commissioner.
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(4) To avoid doubt, this section does not require
the Public Sector Standards Commissioner to
hold a hearing in relation to an application
that has been dismissed under section 70F(3)
or 70G(2).
5
70J. Conciliation
(1) When an application is lodged with the
Public Sector Standards Commissioner, the
Public Sector Standards Commissioner must
attempt to settle the matter to which the
10
application relates by conciliation.
(2) If the Public Sector Standards Commissioner
is satisfied that all reasonable attempts to
settle the matter by conciliation are, or are
likely to be, unsuccessful, the Public Sector
15
Standards Commissioner--
(a) must issue a certificate in writing
stating that he or she is so satisfied; and
(b) must indicate to the parties the Public
Sector Standards Commissioner's
20
assessment of the merits of the
application; and
(c) if the Public Sector Standards
Commissioner considers, having regard
to all the materials before him or her,
25
that the application has no reasonable
prospect of success, he or she must
advise the parties accordingly.
(3) If the Public Sector Standards Commissioner
has indicated that the application has no
30
reasonable prospect of success, the Public
Sector Standards Commissioner must invite
the applicant to provide further information
in support of the application within a period
specified by the Public Sector Standards
35
Commissioner.
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(4) If, in relation to an application to which sub-
section (3) applies--
(a) the applicant does not provide further
information in support of the
application; or
5
(b) after consideration of the original
application and the further material
provided by the applicant in support--
the Public Sector Standards Commissioner
concludes that the application has no
10
reasonable prospect of success at arbitration,
he or she must issue a certificate to that
effect.
(5) If the Public Sector Standards Commissioner
issues a certificate under sub-section (4) in
15
respect of an application, the application is
dismissed with effect from the date of issue
of the certificate.
70K. Applicant to elect whether or not to
proceed to arbitration
20
(1) If the certificate given by the Public Sector
Standards Commissioner under section
70J(2) certifies that conciliation is, or is
likely to be, unsuccessful and the Public
Sector Standards Commissioner has not
25
issued a certificate under section 70J(4), the
applicant must elect either to proceed to
arbitration to determine whether the
termination was harsh, unjust or
unreasonable or not to proceed.
30
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(2) An election under sub-section (1) must--
(a) be made in writing; and
(b) be lodged with the Public Sector
Standards Commissioner not later than
7 days after the day of issue of the
5
certificate.
(3) If an applicant fails to lodge with the Public
Sector Standards Commissioner an election
under sub-section (1) within the period
required under sub-section (2), the
10
application concerned is taken to have been
discontinued by the applicant at the end of
that period.
(4) The Public Sector Standards Commissioner
may accept an election under sub-section (1)
15
that is lodged out of time if he or she
considers that it would be unfair not to do so
and, if he or she accepts such an election, the
application concerned is taken not to have
been discontinued despite sub-section (3).
20
70L. Arbitration
(1) If--
(a) the Public Sector Standards
Commissioner has issued a certificate
under section 70J(2) regarding
25
conciliation of an application relating to
a termination of employment; and
(b) the applicant has made an election
under section 70K(1) to proceed to
arbitration to determine whether the
30
termination was harsh, unjust or
unreasonable--
the Public Sector Standards Commissioner
may so proceed to arbitrate the matter.
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(2) Neither the making of an election under
section 70K(1) to proceed to arbitration nor
the commencement of that arbitration
prevents further conciliation of the matter
being attempted, or the parties from settling
5
the matter, at any time before an order is
made under section 70M.
(3) In determining, for the purposes of the
arbitration, whether a termination was harsh,
unjust or unreasonable, the Public Sector
10
Standards Commissioner must have regard
to--
(a) whether there was a valid reason for the
termination related to the public sector
employee's capacity or conduct
15
(including its effect on the safety and
welfare of other employees); and
(b) whether the public sector employee was
notified of that reason; and
(c) whether the public sector employee was
20
given an opportunity to respond to any
reason related to the capacity or
conduct of the employee; and
(d) if the termination related to
unsatisfactory performance by the
25
public sector employee, whether the
employee had been warned about that
unsatisfactory performance before the
termination; and
(e) the degree to which the size of the
30
employer's undertaking, establishment
or service would be likely to impact on
the procedures followed in effecting the
termination; and
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(f) the degree to which the absence of
dedicated human resource management
specialists or expertise in the
undertaking, establishment or service
would be likely to impact on the
5
procedures followed in effecting the
termination; and
(g) any other matters that the Public Sector
Standards Commissioner considers
relevant.
10
70M. Remedies on arbitration
(1) Subject to this section, the Public Sector
Standards Commissioner may, on
completion of the arbitration, make an order
that provides for a remedy of a kind referred
15
to in sub-section (3), (4) or (6) if he or she
has determined that the termination was
harsh, unjust or unreasonable.
(2) The Public Sector Standards Commissioner
must not make an order under sub-section (1)
20
unless he or she is satisfied, having regard to
all the circumstances of the case including--
(a) the effect of the order on the viability of
the employer's undertaking,
establishment or service; and
25
(b) the length of the public sector
employee's service with the employer;
and
(c) the remuneration that the public sector
employee would have received, or
30
would have been likely to receive, if his
or her employment had not been
terminated; and
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(d) the efforts of the public sector
employee (if any) to mitigate the loss
suffered by him or her as a result of the
termination; and
(e) any other matter that the Public Sector
5
Standards Commissioner considers
relevant--
that the remedy ordered is appropriate.
(3) If the Public Sector Standards Commissioner
considers it appropriate, he or she may make
10
an order requiring the employer to reinstate
the public sector employee by--
(a) reappointing the public sector employee
to the position in which he or she was
employed immediately before the
15
termination; or
(b) appointing the public sector employee
to another position on terms and
conditions no less favourable than those
on which he or she was employed
20
immediately before the termination.
(4) If the Public Sector Standards Commissioner
makes an order under sub-section (3) and
considers it appropriate to do so, he or she
may also make--
25
(a) any order that the Public Sector
Standards Commissioner thinks
appropriate to maintain the continuity
of the public sector employee's
employment; and
30
(b) subject to sub-section (5), any order
that the Public Sector Standards
Commissioner thinks appropriate to
cause the employer to pay to the public
sector employee an amount in respect
35
of the remuneration lost, or likely to
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have been lost, by the public sector
employee because of the termination.
(5) In determining an amount for the purposes of
an order under sub-section (4)(b), the Public
Sector Standards Commissioner must have
5
regard to--
(a) the amount of any income earned by
the public sector employee from
employment or other work during the
period between the termination and the
10
making of the order for reinstatement;
and
(b) the amount of any income reasonably
likely to be so earned by the public
sector employee during the period
15
between the making of the order for
reinstatement and the actual
reinstatement.
(6) If the Public Sector Standards Commissioner
thinks that the reinstatement of the employee
20
is inappropriate, he or she may, if he or she
considers it appropriate in all the
circumstances of the case, make an order
requiring the employer to pay the public
sector employee an amount ordered by the
25
Public Sector Standards Commissioner in
lieu of reinstatement.
(7) Subject to sub-sections (8), (9), (10) and
(11), in determining an amount for the
purposes of an order under sub-section (6),
30
the Public Sector Standards Commissioner
must have regard to all the circumstances of
the case including--
(a) the effect of the order on the viability of
the employer's undertaking,
35
establishment or service; and
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(b) the length of the public sector
employee's service with the employer;
and
(c) the remuneration that the public sector
employee would have received, or
5
would have been likely to receive, if his
or her employment had not been
terminated; and
(d) the efforts of the public sector
employee (if any) to mitigate the loss
10
suffered by him or her as a result of the
termination; and
(e) any misconduct of the public sector
employee that contributed to the
employer's decision to terminate the
15
public sector employee's employment;
and
(f) any other matter that the Public Sector
Standards Commissioner considers
relevant.
20
(8) An amount ordered by the Public Sector
Standards Commissioner under sub-
section (4)(b) or (6) to be paid to an
employee may not include a component by
way of compensation for shock, distress or
25
humiliation, or other analogous hurt, caused
to the public sector employee by the manner
of terminating his or her employment.
(9) If the Public Sector Standards Commissioner
is satisfied that misconduct of the public
30
sector employee contributed to the
employer's decision to terminate his or her
employment, the Public Sector Standards
Commissioner must reduce the amount he or
she would otherwise fix under sub-
35
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section (6) by an appropriate amount on
account of the misconduct.
(10) In fixing an amount under sub-section (6) for
an employee who was employed under
award-derived conditions immediately
5
before the termination, the Public Sector
Standards Commissioner must not fix an
amount that exceeds the total of the
following amounts--
(a) the total amount of remuneration--
10
(i) received by the public sector
employee; or
(ii) to which the public sector
employee was entitled--
(whichever is higher) for any period of
15
employment with the employer during
the period of 6 months immediately
before the termination (other than any
period of leave without full pay); and
(b) if the public sector employee was on
20
leave without pay or without full pay
while so employed during any part of
that period, the amount of remuneration
taken to have been received by him or
her for the period of leave in
25
accordance with regulations made for
the purposes of section 654(11)(b) of
the Commonwealth Act.
(11) In fixing an amount under sub-section (6) for
a public sector employee who was not
30
employed under award-derived conditions
immediately before the termination, the
Public Sector Standards Commissioner must
not fix an amount that exceeds--
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(a) the total of the amounts determined
under sub-section (10) if the public
sector employee were an employee
covered by the sub-section; or
(b) the amount of $32,000, as indexed from
5
time to time in accordance with a
formula prescribed by regulations made
for the purposes of section 654(12)(b)
of the Commonwealth Act--
whichever is the lower amount.
10
(12) For the avoidance of doubt, an order by the
Public Sector Standards Commissioner under
sub-section (4)(b) or (6) may permit the
employer concerned to pay the amount
required in instalments specified in the order.
15
70N. Orders made on arbitration are binding
An order made by the Public Sector
Standards Commissioner under section 70M
is final and binding between the parties.
70P. Public Sector Standards Commissioner
20
may dismiss application if applicant fails
to attend
If an applicant in a proceeding relating to an
application under section 70E(1) fails to
attend the proceeding, the Public Sector
25
Standards Commissioner, after giving the
applicant reasonable notice and a reasonable
opportunity to be heard, may dismiss the
application under that section.
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70Q. Limitation on applications under section
70E(1)
(1) An application under section 70E(1) must
not be made if other termination proceedings
have already been commenced in respect of
5
the termination of employment, unless the
other termination proceedings--
(a) have been discontinued by the relevant
public sector employee who
commenced the proceedings; or
10
(b) have failed for want of jurisdiction.
(2) If at any time before an application made
under section 70E(1) is determined under
this Subdivision other termination
proceedings are commenced by the relevant
15
public sector employee under Division 4 of
Part 12 of the Commonwealth Act (the
Commonwealth Division) in respect of the
termination of employment--
(a) while the proceedings are before the
20
Australian Industrial Relations
Commission, the Public Sector
Standards Commissioner is not required
to attempt to settle the matter to which
the application relates by conciliation
25
or to arbitrate the matter, despite
anything to the contrary in this
Subdivision; and
(b) the Public Sector Standards
Commissioner must make an order
30
dismissing the application under section
70E(1) if the relevant public sector
employee begins proceedings in a court
for an order under the Commonwealth
Division in respect of an alleged
35
contravention of that Division.
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(3) In this section "other termination
proceedings" means proceedings in respect
of a termination of the employment of a
public sector employee--
(a) for a remedy in respect of the
5
termination--
(i) under a provision of a law of the
State (other than section 70E(1));
or
(ii) under a provision of the
10
Commonwealth Act; or
(iii) under another law of the
Commonwealth; and
(b) that allege that the termination was
unlawful for any reason (other than a
15
failure by the employer to provide a
benefit to which the employee was
entitled on the termination).
(4) Without limiting sub-section (3), "other
termination proceedings" includes an
20
inquiry in respect of a complaint (the equal
opportunity complaint)--
(a) made under the Equal Opportunity
Act 1995 or the Human Rights and
Equal Opportunity Commission Act
25
1986 of the Commonwealth; and
(b) that relates to the termination of
employment of a public sector
employee (whether or not as a result of
an amendment of the complaint).
30
(5) For the purposes of this section, a public
sector employee commences other
termination proceedings of a kind referred to
in sub-section (4)--
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(a) unless paragraph (b) applies, when the
employee makes the equal opportunity
complaint; or
(b) if the equal opportunity complaint
constitutes, or would constitute, other
5
termination proceedings only as a result
of an amendment of the complaint,
when the complaint is amended.
(6) For the avoidance of doubt, a proceeding
seeking compensation, or the imposition of a
10
penalty, because an employer has failed, in
relation to a termination of employment, to
meet an obligation--
(a) to give adequate notice of the
termination; or
15
(b) to provide a severance payment as a
result of the termination; or
(c) to provide any other entitlement
payable as a result of the termination--
is taken to be a proceeding alleging that the
20
termination was unlawful because of a
failure to provide a benefit to which the
employee was entitled on the termination.
70R. No second applications under
section 70E(1) concerning same
25
termination to be made
An application must not be made under
section 70E(1) in relation to a termination of
employment of a relevant public sector
employee where a previous application under
30
that section was made in respect of the same
termination unless the second application
corrects an error in the previous application,
or the Public Sector Standards
Commissioner considers that it would be fair
35
to accept the second application.
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70S. Orders to be in writing
An order of the Public Sector Standards
Commissioner under this Subdivision must
be in writing.
70T. When orders take effect
5
An order of the Public Sector Standards
Commissioner under this Subdivision takes
effect from the date of the order or a later
date specified in the order.
70U. Compliance with orders
10
(1) An order under this Subdivision is, unless
the order provides otherwise, taken to bind
the employer and relevant public sector
employee covered by the order.
(2) In addition to any other right that a relevant
15
public sector employee covered by an order
under this Subdivision may have, he or she
may apply to a court of competent
jurisdiction to enforce the order by
injunction or otherwise as the court thinks
20
fit.
70V. Variation and revocation of orders
(1) The Public Sector Standards Commissioner
may vary or revoke an order under this
Subdivision on application by the employer
25
or the relevant public sector employee
covered by it.
(2) This section does not apply to an order under
section 70F(3) or 70G or to a decision on an
extension of time application within the
30
meaning of section 70H.
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70W. Public Sector Standards Commissioner
may determine procedure
Subject to this Subdivision and any
regulations made for the purposes of this
Subdivision, the Public Sector Standards
5
Commissioner may determine the procedure
to be followed with respect to any
proceeding under this Subdivision.
70X. Personal liability
(1) The Public Sector Standards Commissioner
10
or any delegate of the Public Sector
Standards Commissioner is not personally
liable for anything done or omitted to be
done in good faith--
(a) in the exercise of a function under this
15
Subdivision; or
(b) in the reasonable belief that the act or
omission was in the exercise of a
function under this Subdivision.
(2) Any liability resulting from an act or
20
omission that would, but for sub-section (1),
attach to a person referred to in that sub-
section attaches instead to the Authority.
70Y. Immunity of participants
(1) An Australian legal practitioner within the
25
meaning of the Legal Profession Act 2004
representing a party in a proceeding under
this Subdivision has the same protection and
immunity as such a person has in
representing a party in proceedings in the
30
Supreme Court.
(2) A party to a proceeding under this
Subdivision has the same protection and
immunity as a party to proceedings in the
Supreme Court.
35
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(3) A person appearing as a witness in a
proceeding under this Subdivision has the
same protection and immunity as a witness
has in proceedings in the Supreme Court.
70Z. Regulations
5
Without limiting section 112, regulations
may be made for the purposes of this
Subdivision for or with respect to--
(a) excluding a specified class of public
sector employee from the operation of
10
this Subdivision;
(b) the practice and procedure to be
followed by the Public Sector
Standards Commissioner under this
Subdivision including--
15
(i) the manner in which, and the time
within which, applications,
submissions and objections may
be made to the Public Sector
Standards Commissioner; and
20
(ii) the manner in which applications,
submissions and objections may
be dealt with by the Public Sector
Standards Commissioner; and
(iii) steps to be taken before a decision
25
is made in a matter in relation to
which it is not proposed to hold a
hearing; and
(iv) prohibiting the Public Sector
Standards Commissioner
30
extending the period within which
any specified thing is required to
be done.'.
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4. Consequential amendments
(1) In section 1 of the Public Administration Act
2004, for paragraphs (c) to (f) substitute--
"(c) enable certain public sector employees to
apply to the Public Sector Standards
5
Commissioner for relief in respect of
termination of employment on the ground
that the termination was harsh, unjust or
unreasonable;
(d) give a role to the Public Sector Standards
10
Commissioner to deal with applications by
certain Parliamentary officers under the
Parliamentary Administration Act 2005
for relief in respect of termination of
employment on the ground that the
15
termination was harsh, unjust or
unreasonable.".
(2) After section 3(d) of the Public Administration
Act 2004 insert--
"(da) so far as possible--
20
(i) to ensure the preservation of any rights
of public sector employees to seek
relief in respect of termination of
employment that may have been
removed by amendments made to the
25
Workplace Relations Act 1996 of the
Commonwealth by the Workplace
Relations Amendment (Work Choices)
Act 2005 of the Commonwealth;
(ii) to assist in giving effect to Australia's
30
international obligations in relation to
labour standards including under the
Termination of Employment
Convention, 1982 (convention
concerning termination of employment
35
at the initiative of the employer);".
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(3) After section 35(2)(b) of the Public
Administration Act 2004 insert--
"(ba) order made by the Public Sector Standards
Commissioner under Subdivision 5A of
Division 2 of Part 4;".
5
(4) In section 45(1) of the Public Administration
Act 2004--
(a) after paragraph (d) insert--
"(da) to provide relief to certain public sector
employees against a harsh, unjust or
10
unreasonable termination of
employment (role 5--see
Subdivision 5A);";
(b) in paragraph (e) for "role 5" substitute
"role 6".
15
(5) In section 48(2) of the Public Administration
Act 2004, after "role 2" (where twice occurring)
insert "or role 5".
(6) In the heading to Subdivision 6 of Division 2 of
Part 4 of the Public Administration Act 2004,
20
for "Role 5" substitute "Role 6".
(7) In the heading to section 71 of the Public
Administration Act 2004, for "5" substitute
"6".
(8) In section 71 of the Public Administration Act
25
2004, for "5" substitute "6".
(9) In section 103(5) of the Public Administration
Act 2004, for "A" substitute "Subject to
Subdivision 5A of Division 2 of Part 4, a".
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5. New Division 7 inserted in Part 3 of the
See:
Parliamentary Administration Act 2005
Act No.
20/2005.
LawToday: After Division 6 of Part 3 of the Parliamentary
www.dms.
Administration Act 2005 insert--
dpc.vic.
gov.au
'Division 7--Relief in Respect of Termination
5
of Employment
29A. Definitions
(1) In this Division--
"Commonwealth Act" means the
Workplace Relations Act 1996 of the
10
Commonwealth;
"employer" means an entity that employs,
or usually employs, a Parliamentary
officer in the capacity of Parliamentary
officer;
15
"operational reasons" means reasons of an
economic, technological, structural or
similar nature relating to an employer's
undertaking, establishment, service or
business, or to a part of an employer's
20
undertaking, establishment, service or
business;
"relevant Parliamentary officer" means a
person who, immediately before the
termination of his or her employment,
25
was a Parliamentary officer and who--
(a) cannot apply under section 643 of
the Commonwealth Act to the
Australian Industrial Relations
Commission on the ground that
30
the termination was harsh, unjust
or unreasonable, or on grounds
that include that ground, because
his or her employer employed
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100 employees or fewer at the
relevant time; and
(b) is not excluded by or under
section 29B from the operation of
this Division.
5
(2) An expression used in this Division and in
Division 4 of Part 12 of the Commonwealth
Act has the same meaning in this Division as
it has in that Division, unless the contrary
intention appears.
10
29B. Exclusions
(1) The following kinds of Parliamentary
officers are excluded from the operation of
this Division--
(a) a Parliamentary officer who, by force
15
of section 638(1) of the Commonwealth
Act, is excluded from the operation of
Subdivision B of Division 4 of Part 12
of that Act;
(b) a Parliamentary officer who is a
20
member of a class of Parliamentary
officer excluded from the operation of
this Division by regulations made under
sub-section (2).
(2) The regulations may exclude from the
25
operation of this Division a specified class of
Parliamentary officer.
29C. Application to PSSC to deal with
termination
(1) Subject to sub-sections (2) and (4), a relevant
30
Parliamentary officer whose employment has
been terminated by the employer may apply
to the Public Sector Standards Commissioner
for relief in respect of the termination of that
employment on the ground that the
35
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termination was harsh, unjust or
unreasonable.
(2) An application must not be made under sub-
section (1) unless the relevant Parliamentary
officer concerned had completed the
5
qualifying period of employment with the
employer at the earlier of the following
times--
(a) the time when the employer gave the
officer the notice of termination;
10
(b) the time when the employer terminated
the officer's employment.
(3) For the purposes of sub-section (2), the
qualifying period of employment is--
(a) 6 months; or
15
(b) a shorter period, or no period,
determined by written agreement
between the Parliamentary officer and
employer before the commencement of
the employment; or
20
(c) a longer period determined by written
agreement between the Parliamentary
officer and employer before the
commencement of the employment,
being a reasonable period having regard
25
to the nature and circumstances of the
employment.
(4) An application must not be made under sub-
section (1) if the Parliamentary officer's
employment was terminated for genuine
30
operational reasons or for reasons that
include genuine operational reasons.
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(5) An application under sub-section (1) must be
lodged within 21 days after the day on which
the termination took effect, or within such
period as the Public Sector Standards
Commissioner allows on an application
5
made during or after those 21 days.
(6) An application under sub-section (1) may be
discontinued by the applicant, whether or not
the employer and the relevant Parliamentary
officer have agreed to settle the matter.
10
Regulations may prescribe the manner in
which an application may be discontinued
and, if so, the application must be
discontinued in accordance with the
regulations.
15
29D. Dismissal of application for want of
jurisdiction
(1) A respondent may apply to the Public Sector
Standards Commissioner for the dismissal of
an application under section 29C(1) on the
20
ground that the application is outside the
jurisdiction of the Public Sector Standards
Commissioner.
(2) An application may be made under sub-
section (1) at any time, including a time
25
before the Public Sector Standards
Commissioner has begun dealing with the
application.
(3) If the Public Sector Standards Commissioner
is satisfied that an application under section
30
29C(1) is outside his or her jurisdiction--
(a) because the Parliamentary officer is
excluded from the operation of this
Division by or under section 29B; or
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(b) because of the operation of section
29C(2) (which relates to qualifying
periods)--
the Public Sector Standards Commissioner
must make an order dismissing the
5
application.
(4) The Public Sector Standards Commissioner
may make an order under sub-section (3)
even if no application has been made under
sub-section (1) if it appears to him or her, on
10
the face of all the materials before him or
her, that the application under section 29C(1)
is outside his or her jurisdiction for a reason
mentioned in sub-section (3)(a) or (b).
(5) If--
15
(a) a respondent has applied under sub-
section (1); and
(b) the Public Sector Standards
Commissioner is not satisfied as
mentioned in sub-section (3)(a) or (b)
20
in relation to the application--
the Public Sector Standards Commissioner
must make an order refusing the application
for dismissal.
(6) The Public Sector Standards Commissioner
25
is not required to hold a hearing in relation to
the making of an order under sub-section (3)
or (5).
29E. Applications that are frivolous, vexatious
or lacking in substance
30
(1) A respondent may apply to the Public Sector
Standards Commissioner for the dismissal of
an application under section 29C(1) on the
ground that the application is frivolous,
vexatious or lacking in substance.
35
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(2) If the Public Sector Standards Commissioner
is satisfied that an application under section
29C(1) is frivolous, vexatious or lacking in
substance, he or she must make an order
dismissing the application.
5
(3) If--
(a) a respondent has applied under sub-
section (1); and
(b) the Public Sector Standards
Commissioner is not satisfied that the
10
application under section 29C(1) is
frivolous, vexatious or lacking in
substance--
the Public Sector Standards Commissioner
must make an order refusing the application
15
for dismissal.
(4) The Public Sector Standards Commissioner
is not required to hold a hearing in relation to
the making of an order under sub-section (2)
or (3).
20
29F. Extension of time applications may be
decided without a hearing
If a Parliamentary officer whose employment
has been terminated by an employer makes
an application (the extension of time
25
application) under section 29C(5) requesting
the Public Sector Standards Commissioner to
allow an application to be lodged under
section 29C(1) after the period of 21 days
after the termination took effect, the Public
30
Sector Standards Commissioner is not
required to hold a hearing in relation to the
extension of time application.
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29G. Dismissal of application relating to
termination for operational reasons
(1) If--
(a) an application is made under section
29C(1); and
5
(b) either--
(i) the respondent has applied for the
dismissal of the application on the
ground that the application is
outside the jurisdiction of the
10
Public Sector Standards
Commissioner because the
Parliamentary officer's
employment was terminated for
genuine operational reasons or for
15
reasons that include genuine
operational reasons; or
(ii) it appears to the Public Sector
Standards Commissioner, on the
face of all the materials before
20
him or her, that the Parliamentary
officer's employment may have
been terminated for genuine
operational reasons or for reasons
that include genuine operational
25
reasons--
the Public Sector Standards Commissioner
must, subject to section 29D(6), 29E(4) or
29F (as the case requires), hold a hearing to
deal with the operational reasons issue.
30
(2) If, as a result of the hearing, the Public
Sector Standards Commissioner is satisfied
that the operational reasons relied on by the
respondent were genuine, the Public Sector
Standards Commissioner must make an order
35
dismissing the application.
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(3) A finding by the Public Sector Standards
Commissioner that he or she is not satisfied
that the operational reasons relied on by the
respondent were genuine is final and binding
between the parties in any proceedings
5
before the Public Sector Standards
Commissioner.
(4) To avoid doubt, this section does not require
the Public Sector Standards Commissioner to
hold a hearing in relation to an application
10
that has been dismissed under section 29D(3)
or 29E(2).
29H. Conciliation
(1) When an application is lodged with the
Public Sector Standards Commissioner, the
15
Public Sector Standards Commissioner must
attempt to settle the matter to which the
application relates by conciliation.
(2) If the Public Sector Standards Commissioner
is satisfied that all reasonable attempts to
20
settle the matter by conciliation are, or are
likely to be, unsuccessful, the Public Sector
Standards Commissioner--
(a) must issue a certificate in writing
stating that he or she is so satisfied; and
25
(b) must indicate to the parties the Public
Sector Standards Commissioner's
assessment of the merits of the
application; and
(c) if the Public Sector Standards
30
Commissioner considers, having regard
to all the materials before him or her,
that the application has no reasonable
prospect of success, he or she must
advise the parties accordingly.
35
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(3) If the Public Sector Standards Commissioner
has indicated that the application has no
reasonable prospect of success, the Public
Sector Standards Commissioner must invite
the applicant to provide further information
5
in support of the application within a period
specified by the Public Sector Standards
Commissioner.
(4) If, in relation to an application to which sub-
section (3) applies--
10
(a) the applicant does not provide further
information in support of the
application; or
(b) after consideration of the original
application and the further material
15
provided by the applicant in support--
the Public Sector Standards Commissioner
concludes that the application has no
reasonable prospect of success at arbitration,
he or she must issue a certificate to that
20
effect.
(5) If the Public Sector Standards Commissioner
issues a certificate under sub-section (4) in
respect of an application, the application is
dismissed with effect from the date of issue
25
of the certificate.
29I. Applicant to elect whether or not to
proceed to arbitration
(1) If the certificate given by the Public Sector
Standards Commissioner under section
30
29H(2) certifies that conciliation is, or is
likely to be, unsuccessful and the Public
Sector Standards Commissioner has not
issued a certificate under section 29H(4), the
applicant must elect either to proceed to
35
arbitration to determine whether the
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termination was harsh, unjust or
unreasonable or not to proceed.
(2) An election under sub-section (1) must--
(a) be made in writing; and
(b) be lodged with the Public Sector
5
Standards Commissioner not later than
7 days after the day of issue of the
certificate.
(3) If an applicant fails to lodge with the Public
Sector Standards Commissioner an election
10
under sub-section (1) within the period
required under sub-section (2), the
application concerned is taken to have been
discontinued by the applicant at the end of
that period.
15
(4) The Public Sector Standards Commissioner
may accept an election under sub-section (1)
that is lodged out of time if he or she
considers that it would be unfair not to do so
and, if he or she accepts such an election, the
20
application concerned is taken not to have
been discontinued despite sub-section (3).
29J. Arbitration
(1) If--
(a) the Public Sector Standards
25
Commissioner has issued a certificate
under section 29H(2) regarding
conciliation of an application relating to
a termination of employment; and
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(b) the applicant has made an election
under section 29I(1) to proceed to
arbitration to determine whether the
termination was harsh, unjust or
unreasonable--
5
the Public Sector Standards Commissioner
may so proceed to arbitrate the matter.
(2) Neither the making of an election under
section 29I(1) to proceed to arbitration nor
the commencement of that arbitration
10
prevents further conciliation of the matter
being attempted, or the parties from settling
the matter, at any time before an order is
made under section 29K.
(3) In determining, for the purposes of the
15
arbitration, whether a termination was harsh,
unjust or unreasonable, the Public Sector
Standards Commissioner must have regard
to--
(a) whether there was a valid reason for the
20
termination related to the Parliamentary
officer's capacity or conduct (including
its effect on the safety and welfare of
other employees); and
(b) whether the Parliamentary officer was
25
notified of that reason; and
(c) whether the Parliamentary officer was
given an opportunity to respond to any
reason related to the capacity or
conduct of the officer; and
30
(d) if the termination related to
unsatisfactory performance by the
Parliamentary officer, whether the
officer had been warned about that
unsatisfactory performance before the
35
termination; and
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(e) any other matters that the Public Sector
Standards Commissioner considers
relevant.
29K. Remedies on arbitration
(1) Subject to this section, the Public Sector
5
Standards Commissioner may, on
completion of the arbitration, make an order
that provides for a remedy of a kind referred
to in sub-section (3), (4) or (6) if he or she
has determined that the termination was
10
harsh, unjust or unreasonable.
(2) The Public Sector Standards Commissioner
must not make an order under sub-section (1)
unless he or she is satisfied, having regard to
all the circumstances of the case including--
15
(a) the length of the Parliamentary officer's
service with the employer; and
(b) the remuneration that the Parliamentary
officer would have received, or would
have been likely to receive, if his or her
20
employment had not been terminated;
and
(c) the efforts of the Parliamentary officer
(if any) to mitigate the loss suffered by
him or her as a result of the
25
termination; and
(d) any other matter that the Public Sector
Standards Commissioner considers
relevant--
that the remedy ordered is appropriate.
30
(3) If the Public Sector Standards Commissioner
considers it appropriate, he or she may make
an order requiring the employer to reinstate
the Parliamentary officer by--
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(a) reappointing the Parliamentary officer
to the position in which he or she was
employed immediately before the
termination; or
(b) appointing the Parliamentary officer to
5
another position on terms and
conditions no less favourable than those
on which he or she was employed
immediately before the termination.
(4) If the Public Sector Standards Commissioner
10
makes an order under sub-section (3) and
considers it appropriate to do so, he or she
may also make--
(a) any order that the Public Sector
Standards Commissioner thinks
15
appropriate to maintain the continuity
of the Parliamentary officer's
employment; and
(b) subject to sub-section (5), any order
that the Public Sector Standards
20
Commissioner thinks appropriate to
cause the employer to pay to the
Parliamentary officer an amount in
respect of the remuneration lost, or
likely to have been lost, by the
25
Parliamentary officer because of the
termination.
(5) In determining an amount for the purposes of
an order under sub-section (4)(b), the Public
Sector Standards Commissioner must have
30
regard to--
(a) the amount of any income earned by
the Parliamentary officer from
employment or other work during the
period between the termination and the
35
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making of the order for reinstatement;
and
(b) the amount of any income reasonably
likely to be so earned by the
Parliamentary officer during the period
5
between the making of the order for
reinstatement and the actual
reinstatement.
(6) If the Public Sector Standards Commissioner
thinks that the reinstatement of the officer is
10
inappropriate, he or she may, if he or she
considers it appropriate in all the
circumstances of the case, make an order
requiring the employer to pay the
Parliamentary officer an amount ordered by
15
the Public Sector Standards Commissioner in
lieu of reinstatement.
(7) Subject to sub-sections (8), (9), (10) and
(11), in determining an amount for the
purposes of an order under sub-section (6),
20
the Public Sector Standards Commissioner
must have regard to all the circumstances of
the case including--
(a) the effect of the order on the viability of
the employer's undertaking,
25
establishment or service; and
(b) the length of the Parliamentary officer's
service with the employer; and
(c) the remuneration that the Parliamentary
officer would have received, or would
30
have been likely to receive, if his or her
employment had not been terminated;
and
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(d) the efforts of the Parliamentary officer
(if any) to mitigate the loss suffered by
him or her as a result of the
termination; and
(e) any misconduct of the Parliamentary
5
officer that contributed to the
employer's decision to terminate the
Parliamentary officer's employment;
and
(f) any other matter that the Public Sector
10
Standards Commissioner considers
relevant.
(8) An amount ordered by the Public Sector
Standards Commissioner under sub-
section (4)(b) or (6) to be paid to an officer
15
may not include a component by way of
compensation for shock, distress or
humiliation, or other analogous hurt, caused
to the Parliamentary officer by the manner of
terminating his or her employment.
20
(9) If the Public Sector Standards Commissioner
is satisfied that misconduct of the
Parliamentary officer contributed to the
employer's decision to terminate his or her
employment, the Public Sector Standards
25
Commissioner must reduce the amount he or
she would otherwise fix under sub-
section (6) by an appropriate amount on
account of the misconduct.
(10) In fixing an amount under sub-section (6) for
30
an officer who was employed under
award-derived conditions immediately
before the termination, the Public Sector
Standards Commissioner must not fix an
amount that exceeds the total of the
35
following amounts--
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(a) the total amount of remuneration--
(i) received by the Parliamentary
officer; or
(ii) to which the Parliamentary officer
was entitled--
5
(whichever is higher) for any period of
employment with the employer during
the period of 6 months immediately
before the termination (other than any
period of leave without full pay); and
10
(b) if the Parliamentary officer was on
leave without pay or without full pay
while so employed during any part of
that period, the amount of remuneration
taken to have been received by him or
15
her for the period of leave in
accordance with regulations made for
the purposes of section 654(11)(b) of
the Commonwealth Act.
(11) In fixing an amount under sub-section (6) for
20
a Parliamentary officer who was not
employed under award-derived conditions
immediately before the termination, the
Public Sector Standards Commissioner must
not fix an amount that exceeds--
25
(a) the total of the amounts determined
under sub-section (10) if the
Parliamentary officer were an officer
covered by the sub-section; or
(b) the amount of $32,000, as indexed from
30
time to time in accordance with a
formula prescribed by regulations made
for the purposes of section 654(12)(b)
of the Commonwealth Act--
whichever is the lower amount.
35
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(12) For the avoidance of doubt, an order by the
Public Sector Standards Commissioner under
sub-section (4)(b) or (6) may permit the
employer concerned to pay the amount
required in instalments specified in the order.
5
29L. Orders made on arbitration are binding
An order made by the Public Sector
Standards Commissioner under section 29K
is final and binding between the parties.
29M. Public Sector Standards Commissioner
10
may dismiss application if applicant fails
to attend
If an applicant in a proceeding relating to an
application under section 29C(1) fails to
attend the proceeding, the Public Sector
15
Standards Commissioner, after giving the
applicant reasonable notice and a reasonable
opportunity to be heard, may dismiss the
application under that section.
29N. Limitation on applications under section
20
29C(1)
(1) An application under section 29C(1) must
not be made if other termination proceedings
have already been commenced in respect of
the termination of employment, unless the
25
other termination proceedings--
(a) have been discontinued by the relevant
Parliamentary officer who commenced
the proceedings; or
(b) have failed for want of jurisdiction.
30
(2) If at any time before an application made
under section 29C(1) is determined under
this Division other termination proceedings
are commenced by the relevant
Parliamentary officer under Division 4 of
35
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Part 12 of the Commonwealth Act (the
Commonwealth Division) in respect of the
termination of employment--
(a) while the proceedings are before the
Australian Industrial Relations
5
Commission, the Public Sector
Standards Commissioner is not required
to attempt to settle the matter to which
the application relates by conciliation
or to arbitrate the matter, despite
10
anything to the contrary in this
Division; and
(b) the Public Sector Standards
Commissioner must make an order
dismissing the application under section
15
29C(1) if the relevant Parliamentary
officer begins proceedings in a court for
an order under the Commonwealth
Division in respect of an alleged
contravention of that Division.
20
(3) In this section "other termination
proceedings" means proceedings in respect
of a termination of the employment of a
Parliamentary officer--
(a) for a remedy in respect of the
25
termination--
(i) under a provision of a law of the
State (other than section 29C(1));
or
(ii) under a provision of the
30
Commonwealth Act; or
(iii) under another law of the
Commonwealth; and
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(b) that allege that the termination was
unlawful for any reason (other than a
failure by the employer to provide a
benefit to which the officer was entitled
on the termination).
5
(4) Without limiting sub-section (3), "other
termination proceedings" includes an
inquiry in respect of a complaint (the equal
opportunity complaint)--
(a) made under the Equal Opportunity
10
Act 1995 or the Human Rights and
Equal Opportunity Commission Act
1986 of the Commonwealth; and
(b) that relates to the termination of
employment of a Parliamentary officer
15
(whether or not as a result of an
amendment of the complaint).
(5) For the purposes of this section, a
Parliamentary officer commences other
termination proceedings of a kind referred to
20
in sub-section (4)--
(a) unless paragraph (b) applies, when the
officer makes the equal opportunity
complaint; or
(b) if the equal opportunity complaint
25
constitutes, or would constitute, other
termination proceedings only as a result
of an amendment of the complaint,
when the complaint is amended.
(6) For the avoidance of doubt, a proceeding
30
seeking compensation, or the imposition of a
penalty, because an employer has failed, in
relation to a termination of employment, to
meet an obligation--
(a) to give adequate notice of the
35
termination; or
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(b) to provide a severance payment as a
result of the termination; or
(c) to provide any other entitlement
payable as a result of the termination--
is taken to be a proceeding alleging that the
5
termination was unlawful because of a
failure to provide a benefit to which the
officer was entitled on the termination.
29P. No second applications under
section 29C(1) concerning same
10
termination to be made
An application must not be made under
section 29C(1) in relation to a termination of
employment of a relevant Parliamentary
officer where a previous application under
15
that section was made in respect of the same
termination unless the second application
corrects an error in the previous application,
or the Public Sector Standards
Commissioner considers that it would be fair
20
to accept the second application.
29Q. Orders to be in writing
An order of the Public Sector Standards
Commissioner under this Division must be in
writing.
25
29R. When orders take effect
An order of the Public Sector Standards
Commissioner under this Division takes
effect from the date of the order or a later
date specified in the order.
30
29S. Compliance with orders
(1) An order under this Division is, unless the
order provides otherwise, taken to bind the
employer and relevant Parliamentary officer
covered by the order.
35
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(2) In addition to any other right that a relevant
Parliamentary officer covered by an order
under this Division may have, he or she may
apply to a court of competent jurisdiction to
enforce the order by injunction or otherwise
5
as the court thinks fit.
29T. Variation and revocation of orders
(1) The Public Sector Standards Commissioner
may vary or revoke an order under this
Division on application by the employer or
10
the relevant Parliamentary officer covered by
it.
(2) This section does not apply to an order under
section 29D(3) or 29E or to a decision on an
extension of time application within the
15
meaning of section 29F.
29U. Public Sector Standards Commissioner
may determine procedure
Subject to this Division and any regulations
made for the purposes of this Division, the
20
Public Sector Standards Commissioner may
determine the procedure to be followed with
respect to any proceeding under this
Division.
29V. Personal liability
25
(1) The Public Sector Standards Commissioner
or any delegate of the Public Sector
Standards Commissioner is not personally
liable for anything done or omitted to be
done in good faith--
30
(a) in the exercise of a function under this
Division; or
(b) in the reasonable belief that the act or
omission was in the exercise of a
function under this Division.
35
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(2) Any liability resulting from an act or
omission that would, but for sub-section (1),
attach to a person referred to in that sub-
section attaches instead to the State Services
Authority established under Part 4 of the
5
Public Administration Act 2004.
29W. Immunity of participants
(1) An Australian legal practitioner within the
meaning of the Legal Profession Act 2004
representing a party in a proceeding under
10
this Division has the same protection and
immunity as such a person has in
representing a party in proceedings in the
Supreme Court.
(2) A party to a proceeding under this Division
15
has the same protection and immunity as a
party to proceedings in the Supreme Court.
(3) A person appearing as a witness in a
proceeding under this Division has the same
protection and immunity as a witness has in
20
proceedings in the Supreme Court.
29X. Regulations
Without limiting section 33, regulations may
be made for the purposes of this Division for
or with respect to--
25
(a) excluding a specified class of
Parliamentary officer from the
operation of this Division;
(b) the practice and procedure to be
followed by the Public Sector
30
Standards Commissioner under this
Division including--
(i) the manner in which, and the time
within which, applications,
submissions and objections may
35
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be made to the Public Sector
Standards Commissioner; and
(ii) the manner in which applications,
submissions and objections may
be dealt with by the Public Sector
5
Standards Commissioner; and
(iii) steps to be taken before a decision
is made in a matter in relation to
which it is not proposed to hold a
hearing; and
10
(iv) prohibiting the Public Sector
Standards Commissioner
extending the period within which
any specified thing is required to
be done.'.
15
6. Consequential amendments
(1) In section 1 of the Parliamentary
Administration Act 2005, for paragraphs (b) and
(c) substitute--
"(b) enable certain Parliamentary officers to
20
apply to the Public Sector Standards
Commissioner for relief in respect of
termination of employment on the ground
that the termination was harsh, unjust or
unreasonable.".
25
(2) After section 3(c) of the Parliamentary
Administration Act 2005 insert--
"(ca) so far as possible--
(i) to ensure the preservation of any rights
of Parliamentary officers to seek relief
30
in respect of termination of
employment that may have been
removed by amendments made to the
Workplace Relations Act 1996 of the
Commonwealth by the Workplace
35
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Relations Amendment (Work Choices)
Act 2005 of the Commonwealth;
(ii) to assist in giving effect to Australia's
international obligations in relation to
labour standards including under the
5
Termination of Employment
Convention, 1982 (convention
concerning termination of employment
at the initiative of the employer);".
__________________
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Part 3--Amendment of Public Administration Act 2004
s. 7
PART 3--AMENDMENT OF PUBLIC ADMINISTRATION
ACT 2004
7. What are public entities?
(1) In section 5(1)(b) of the Public Administration
Act 2004--
5
(a) for "a majority" substitute "at least one
half";
(b) after "Minister" insert "or could have been
so vested in the case of a body corporate
established by an Order made by the
10
Governor in Council or a Minister under the
power given by the Act under which the
Order is made".
(2) In section 5(1) of the Public Administration Act
2004, after "but does not include--" insert--
15
"(da) a Department or an Administrative Office;
or".
8. Public sector values
(1) In section 7(2) of the Public Administration Act
2004, for "sub-section (3)" substitute "sub-
20
sections (3) and (3A)".
(2) After section 7(3) of the Public Administration
Act 2004 insert--
"(3A) Sub-section (2), in its application to a public
entity that exercises functions that are of a
25
quasi-judicial nature or with respect to a
director of such a public entity in the
exercise of such functions, does not extend
to the public sector values referred to in sub-
sections (1)(a)(i) and (1)(c)(iii).".
30
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s. 9
9. Right of return
(1) In section 27(2)(b) of the Public Administration
Act 2004, after "higher" insert "total".
(2) After section 27(2) of the Public Administration
Act 2004 insert--
5
"(3) The regulations may specify how the total
remuneration level at which a former
executive was last employed as an executive
is to be determined for the purposes of this
section.
10
(4) A former executive may, whether in
consideration of the making of any payment
to him or her or otherwise, waive in writing
his or her entitlement under this section to
employment in a public service body.
15
(5) A former executive who elects to exercise
his or her entitlement under this section to
employment in a public service body is not
entitled to any payment in lieu of notice on
the termination of his or her contract of
20
employment as an executive, despite
anything to the contrary in that contract.".
10. Terms and conditions of appointment of members
For section 38(4) of the Public Administration
Act 2004 substitute--
25
"(4) This Act (other than Part 3) applies to a
member of the Authority in respect of the
office of member.".
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s. 11
11. New section 44A inserted
After section 44 of the Public Administration
Act 2004 insert--
"44A. Application of Freedom of Information
Act 1982
5
The Freedom of Information Act 1982
applies to, and in respect of, the Authority as
if it were a department within the meaning of
that Act and as if the chief executive officer
of the Authority were the principal officer of
10
the Authority for the purposes of that Act.".
12. New section 44B inserted
At the end of Division 1 of Part 4 of the Public
Administration Act 2004 insert--
"44B. Application of Part 7A of Financial
15
Management Act 1994
Part 7A of the Financial Management Act
1994 applies to, and in respect of, the
Authority as if it were a department within
the meaning of that Act and as if the chief
20
executive officer of the Authority were the
accountable officer of the Authority for the
purposes of that Part.".
13. Delegation
In section 48(1) of the Public Administration
25
Act 2004--
(a) after "Part 3" insert "or to any other person
whatsoever";
(b) after "this Act" insert "or the Parliamentary
Administration Act 2005".
30
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14. Transitional provision
After clause 12 of Schedule 2 to the Public
Administration Act 2004 insert--
"13. Public Sector Acts (Further Workplace Protection
5 and Other Matters) Act 2006
The amendment of this Act made by section 12 of the
Public Sector Acts (Further Workplace Protection
and Other Matters) Act 2006 does not affect any
contract or arrangement for the supply of goods or
10 services, or for the management or disposal of goods,
entered into by the Authority before the
commencement of that section.".
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Act No.
Part 4--Amendment of Audit Act 1994
s. 15
See:
PART 4--AMENDMENT OF AUDIT ACT 1994
Act No.
2/1994.
Reprint No. 4
15. Auditor-General's annual plan
as at
1 July 2003
(1) For section 7A(6)(b) of the Audit Act 1994
and
amending substitute--
Act Nos
110/2003,
"(b) cause the annual plan to be transmitted to
5 114/2003,
each House of the Parliament.".
43/2004 and
108/2004.
(2) For section 7A(8) of the Audit Act 1994
LawToday:
www.dms.
substitute--
dpc.vic.
gov.au
"(8) If the Auditor-General proposes to transmit
an annual plan to the Parliament at a time
10
when a House of the Parliament is not likely
to sit between then and the beginning of the
financial year to which the annual plan
relates, the Auditor-General must--
(a) give one business day's notice of his or
15
her intention to do so to the clerk of the
House of the Parliament; and
(b) give the annual plan to the clerk of the
House on the day indicated in the
notice; and
20
(c) publish the annual plan on the Auditor-
General's Internet website on the day
after giving it to the clerk.
(9) The clerk of a House must--
(a) notify each member of the House of the
25
receipt of a notice under sub-section
(8)(a) on the same day that the clerk
receives that notice; and
(b) give a copy of the annual plan to each
member of the House as soon as
30
practicable after the annual plan is
received under sub-section (8)(b); and
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(c) cause the annual plan to be laid before
the House on the next sitting day of the
House.
(10) An annual plan that is given to the clerk of a
House under sub-section (8)(b) is taken to
5
have been published by order, or under the
authority, of the House.
(11) The publication of an annual plan by the
Auditor-General under sub-section (8)(c) is
absolutely privileged and the provisions of
10
sections 73 and 74 of the Constitution Act
1975 and any other enactment or rule of law
relating to the publication of the proceedings
of the Parliament apply to and in relation to
the publication of the annual plan as if it
15
were a report to which those sections applied
and had been published by the Government
Printer under the authority of the
Parliament.".
16. Standards
20
(1) For section 13(1) and (2) of the Audit Act 1994
substitute--
"(1) Standards made by the Auditing and
Assurance Standards Board under section
336 of the Corporations Act or formulated by
25
that Board under section 227B of the ASIC
Act, as in force from time to time, must be
applied, as appropriate, in the performance
of functions and exercise of powers in
relation to audits or performance audits
30
under this Act.".
(2) In section 13(3) of the Audit Act 1994 omit
"or (2)".
__________________
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Public Sector Acts (Further Workplace Protection and Other
Matters) Act 2006
Act No.
Part 5--Amendment of Commonwealth Games Arrangements Act 2001
s. 17
See:
PART 5--AMENDMENT OF COMMONWEALTH GAMES
Act No.
57/2001. ARRANGEMENTS ACT 2001
Reprint No. 2
as at
17. New sections 57C and 57D inserted
1 March 2006
and
After section 57B of the Commonwealth Games
amending
Act No.
Arrangements Act 2001 insert--
5 29/2006.
LawToday:
"57C. Date of abolition of Corporation
www.dms.
dpc.vic.
(1) The Governor in Council, on the
gov.au
recommendation of the Minister, by Order
published in the Government Gazette, may
fix a date (being a date before 31 December
10
2006) as the date on which the Corporation
is to be abolished.
(2) Before the Minister makes a
recommendation to the Governor in Council
to make an Order under sub-section (1), the
15
Minister must consult with CGF and ACGA.
57D. Corporation abolished and transfer of
assets and liabilities
Schedule 6 has effect.".
18. Expiry
20
(1) After section 58(1) of the Commonwealth
Games Arrangements Act 2001 insert--
"(1AA) Parts 1A and 1B of this Act and Schedule 2
to this Act expire on--
(a) the date fixed by an Order made under
25
section 57C(1); or
(b) 31 December 2006--
whichever is the earlier date.".
60
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Matters) Act 2006
Act No.
Part 5--Amendment of Commonwealth Games Arrangements Act 2001
s. 19
(2) In section 58(1A) of the Commonwealth Games
Arrangements Act 2001--
(a) omit "1A, 1B,";
(b) omit "2,".
19. New Schedule 6 inserted
5
After Schedule 5 to the Commonwealth Games
Arrangements Act 2001 insert--
'SCHEDULE 6
Section 57D
10 CORPORATION ABOLISHED AND TRANSFER OF
ASSETS AND LIABILITIES
1. Definition
In this Schedule, "abolition date" means the date
that Part 1A of this Act expires.
15 2. Abolition of Corporation
On the abolition date, the Corporation is
abolished.
3. Members of Board go out of office
A person holding office as a member of the Board
20 immediately before the abolition date ceases to
hold that office on that date.
4. Abolition of committees
On the abolition date--
(a) any committee established by the Corporation
25 under section 4R is abolished; and
(b) a person holding office as a member of a
committee referred to in paragraph (a)
immediately before the abolition date ceases
to hold that office.
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Matters) Act 2006
Act No.
Part 5--Amendment of Commonwealth Games Arrangements Act 2001
s. 19
5. Transfer of assets and liabilities
(1) On the abolition date, all assets, property
(including intellectual property) and rights vested
in or held by the Corporation immediately before
5 the abolition date vest, by force of this sub-clause,
in the State.
(2) On the abolition date, all liabilities of the
Corporation existing immediately before the
abolition date become, by force of this sub-clause,
10 liabilities of the State.
(3) On the abolition date, the State is, by force of this
sub-clause, substituted as a party to--
(a) subject to sub-clause (5), any current
agreement, contract, lease or other
15 arrangement; and
(b) any proceedings pending in any court or
tribunal--
to which the Corporation or the Board was a party
immediately before the abolition date.
20 (4) The operation of sub-clause (3) does not confer on
a party (other than the State) to an agreement,
contract, lease or other arrangement any right or
benefit not existing before the abolition date.
(5) Nothing in this clause operates to transfer to the
25 State any current agreement, contract or other
arrangement relating to terms or conditions of
employment of persons employed under section
4G, 4T or 4U.
6. Validity of things done under this Schedule
30 Nothing effected or to be effected by this Schedule
or done or suffered under this Schedule--
(a) is to be regarded as placing any person in
breach of contract or confidence or as
otherwise making any person guilty of a civil
35 wrong; or
(b) is to be regarded as placing any person in
breach of, or as constituting a default under,
any Act or other law or obligation or any
provision in any agreement, arrangement or
40 understanding including, but not limited to,
any provision or obligation prohibiting,
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Matters) Act 2006
Act No.
Part 5--Amendment of Commonwealth Games Arrangements Act 2001
s. 19
restricting or regulating the assignment,
transfer, sale or disposal of any property or
the disclosure of any information; or
(c) is to be regarded as fulfilling any condition
5 that allows a person to exercise a power, right
or remedy in respect of or to terminate any
agreement or obligation; or
(d) is to be regarded as giving rise to any remedy
for a party to a contract or an instrument or as
10 causing or permitting the termination of any
contract or instrument because of a change in
the beneficial or legal ownership of any asset,
right or liability; or
(e) is to be regarded as causing any contract or
15 instrument to be void or otherwise
unenforceable; or
(f) is to be regarded as frustrating any contract;
or
(g) releases any surety or other obligor wholly or
20 in part from any obligation.'.
__________________
63
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Public Sector Acts (Further Workplace Protection and Other
Matters) Act 2006
Act No.
Part 6--Amendment of Ombudsman Act 1973
s. 20
See:
PART 6--AMENDMENT OF OMBUDSMAN ACT 1973
Act No.
8414.
Reprint No. 7
20. Delegation
as at
16 February
In section 11(1) of the Ombudsman Act 1973,
2006
and for "this Act" substitute "this or any other Act".
amending
Act Nos
23/2006 and
29/2006.
LawToday:
www.dms.
dpc.vic.
gov.au
__________________
64
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Public Sector Acts (Further Workplace Protection and Other
Matters) Act 2006
Act No.
Part 7--Amendment of Public Sector Employment (Award Entitlements) Act
s. 21
2006
See:
PART 7--AMENDMENT OF PUBLIC SECTOR Act No.
15/2006.
EMPLOYMENT (AWARD ENTITLEMENTS) ACT 2006
LawToday:
www.dms.
21. Purposes and definitions dpc.vic.
gov.au
(1) After section 1(b) of the Public Sector
Employment (Award Entitlements) Act 2006
5
insert--
"(ba) assist in giving effect to Australia's
obligations under the following conventions
adopted by the International Labour
Organisation--
10
(i) the Freedom of Association and
Protection of the Right to Organise
Convention, 1948;
(ii) the Right to Organise and Collective
Bargaining Convention, 1949;".
15
(2) In section 3(1) of the Public Sector Employment
(Award Entitlements) Act 2006, in the note at
the foot of the definition of "employee", for
'section 11 gives "employee" an extended
meaning for the purposes of Part 3' substitute
20
'sections 11 and 15A respectively give
"employee" an extended meaning for the purposes
of Parts 3 and 3A'.
22. New Part 3A inserted
After Part 3 of the Public Sector Employment
25
(Award Entitlements) Act 2006 insert--
'PART 3A--RESTRICTION ON AGREEMENTS
15A. Definitions
In this Part--
"collective agreement" means--
30
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Matters) Act 2006
Act No.
Part 7--Amendment of Public Sector Employment (Award Entitlements) Act
s. 22
2006
(a) any of the following agreements
within the meaning of the
Commonwealth Act--
(i) an employee collective
agreement;
5
(ii) a union collective agreement;
(iii) a union greenfields
agreement;
(iv) an employer greenfields
agreement;
10
(v) a multiple-business
agreement;
(b) a certified agreement;
"employee" includes a prospective
employee;
15
"statutory industrial agreement" means an
agreement made under a law of the
Commonwealth or the State that
regulates all or part of the terms and
conditions of employment of an
20
employee, other than a collective
agreement.
15B. Restriction on public sector employer
offering statutory industrial agreement
(1) A public sector employer must not offer an
25
employee a statutory industrial agreement
that provides any terms or conditions of
employment that are materially different
from the terms and conditions of
employment that would otherwise apply to
30
the employee in employment with the
employer under a collective agreement or
that would apply to the employee under the
terms of a relevant award or a designated
preserved award.
35
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Act No.
Part 7--Amendment of Public Sector Employment (Award Entitlements) Act
s. 22
2006
(2) A public sector employer must not accept an
offer from an employee of a statutory
industrial agreement that provides any terms
or conditions of employment that are
materially different from the terms and
5
conditions of employment that would
otherwise apply to the employee in
employment with the employer under a
collective agreement or that would apply to
the employee under the terms of a relevant
10
award or a designated preserved award.
15C. Limitation on certain powers of public
sector employers
(1) A public sector employer has no legal
capacity or power to offer an employee a
15
statutory industrial agreement that provides
any terms or conditions of employment that
are materially different from the terms and
conditions of employment that would
otherwise apply to the employee in
20
employment with the employer under a
collective agreement or that would apply to
the employee under the terms of a relevant
award or a designated preserved award.
(2) A public sector employer has no legal
25
capacity or power to accept an offer from an
employee of a statutory industrial agreement
that provides any terms or conditions of
employment that are materially different
from the terms and conditions of
30
employment that would otherwise apply to
the employee in employment with the
employer under a collective agreement or
that would apply to the employee under the
terms of a relevant award or a designated
35
preserved award.
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Act No.
Part 7--Amendment of Public Sector Employment (Award Entitlements) Act
s. 23
2006
(3) The provisions of this section are declared to
be Corporations legislation displacement
provisions for the purposes of section 5G of
the Corporations Act in relation to the
Corporations legislation.
5
Note: Section 5G of the Corporations Act provides
that if a State law declares a provision of State
law to be a Corporations legislation
displacement provision for the purposes of that
10 section, any provision of the Corporations
legislation with which the State provision
would otherwise be inconsistent does not
operate to the extent necessary to avoid the
inconsistency.
15D. Common law not excluded
15
Nothing in this Part prevents a public sector
employer from providing in an employee's
contract of employment a term or condition
of employment that is more beneficial to the
employee than that to which he or she is
20
entitled under any collective agreement or
that would apply to the employee under the
terms of a relevant award or a designated
preserved award.
15E. Application
25
The regulations may provide that this Part or
any provision of this Part does not apply to a
public sector employer or class of public
sector employer.'.
23. Amendment of Commonwealth Powers (Industrial
30
Relations) Act 1996
In section 5(1) of the Commonwealth Powers
(Industrial Relations) Act 1996--
(a) in paragraph (n), for "that Act." substitute
"that Act;";
35
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Matters) Act 2006
Act No.
Part 7--Amendment of Public Sector Employment (Award Entitlements) Act
s. 23
2006
(b) after paragraph (n) insert--
"(o) matters that would allow or require a
public sector employer within the
meaning of the Public Sector
Employment (Award Entitlements)
5
Act 2006 to offer an employee within
the meaning of that Act, or to accept an
offer from an employee of, a statutory
industrial agreement within the
meaning of that Act that provides any
10
terms or conditions of employment that
are materially different from the terms
and conditions of employment that
would otherwise apply to the employee
in employment with the employer
15
under a collective agreement or that
would apply to the employee under the
terms of a relevant award or a
designated preserved award.".
__________________
69
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Public Sector Acts (Further Workplace Protection and Other
Matters) Act 2006
Act No.
Part 8--Minor and Consequential Amendments
s. 24
PART 8--MINOR AND CONSEQUENTIAL AMENDMENTS
24. Minor amendments to the Public Administration
Act 2004
(1) In section 7(2) of the Public Administration Act
2004 omit "by or".
5
(2) In section 52(2) of the Public Administration
Act 2004 for the expression commencing "is--"
and ending at the end of the sub-section
substitute "is not subject to this Act or to any part
of this Act.".
10
(3) In section 56(2) of the Public Administration
Act 2004 for the expression commencing "is--"
and ending at the end of the sub-section
substitute "is not subject to this Act or to any part
of this Act.".
15
(4) Sections 113, 114 and 117 of the Public
Administration Act 2004 are repealed.
(5) Part 9 of the Public Administration Act 2004 is
repealed.
(6) Schedule 3 to the Public Administration Act
20
2004 is repealed.
25. Minor amendment to the Parliamentary
Administration Act 2005
Part 6 of the Parliamentary Administration Act
2005 is repealed.
25
26. Amendments to other Acts
On the coming into operation of an item in the
Schedule, the Act referred to in the heading to that
item is amended as set out in that item.
__________________
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Matters) Act 2006
Act No.
Sch.
SCHEDULE
AMENDMENTS
1. Accident Compensation Act 1985
1.1 For section 29(3) substitute--
5 "(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a Director in respect of
the office of Director.".
1.2 For section 63(8) substitute--
"(8) The Public Administration Act 2004 (other than
10 Part 3 of that Act) applies to a member in respect of
the office of member.".
2. Agricultural Industry Development Act 1990
For section 23(3) substitute--
"(3) If the members of a Committee are appointed by the
15 Governor in Council, they are subject to the Public
Administration Act 2004 (other than Part 3 of that
Act).".
3. Alpine Resorts (Management) Act 1997
3.1 For section 21(4) substitute--
20 "(4) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
the office of member.".
3.2 For section 42(4) substitute--
"(4) The Public Administration Act 2004 (other than
25 Part 3 of that Act) applies to a member in respect of
the office of member.".
4. Appeal Costs Act 1998
For section 22(2) substitute--
"(2) The Public Administration Act 2004 (other than
30 Part 3 of that Act) applies to a member in respect of
the office of member.".
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Matters) Act 2006
Act No.
Sch.
5. Australian Grands Prix Act 1994
For section 10(5) substitute--
"(5) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of the
5 Corporation in respect of the office of member.".
6. Building Act 1993
For clause 4 of Schedule 3 substitute--
"4. Application of Public Administration Act 2004
The Public Administration Act 2004 (other than
10 Part 3 of that Act) applies to a member of a Board in
respect of the office of member.".
7. Business Licensing Authority Act 1998
For clause 1(3) of the Schedule substitute--
"(3) The Public Administration Act 2004 (other than
15 Part 3 of that Act) applies to a member in respect of
the office of member.".
8. Catchment and Land Protection Act 1994
8.1 For section 9B(4) substitute--
"(4) The Public Administration Act 2004 (other than
20 Part 3 of that Act) applies to a member in respect of
the office of member.".
8.2 For clause 6 of Schedule 1 substitute--
"6. Application of Public Administration Act 2004
The Public Administration Act 2004 (other than
25 Part 3 of that Act) applies to a member of a body in
respect of the office of member.".
9. Cemeteries and Crematoria Act 2003
For clause 1(4) of Schedule 1 substitute--
"(4) The Public Administration Act 2004 (other than
30 Part 3 of that Act) applies to a member in respect of
the office of member.".
10. Child Wellbeing and Safety Act 2005
For section 9(4)(e) substitute--
"(e) is in respect of the office of member subject to the
35 Public Administration Act 2004 (other than Part 3
of that Act).".
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Matters) Act 2006
Act No.
Sch.
11. Children and Young Persons Act 1989
11.1 For section 205(7) substitute--
"(7) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
5 the office of member.".
11.2 For section 216(7) substitute--
"(7) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
the office of member.".
10 12. Children, Youth and Families Act 2005
12.1 For section 100(4) substitute--
"(4) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of the
Suitability Panel in respect of the office of member.".
15 12.2 For section 432(7) substitute--
"(7) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
the office of member.".
12.3 For section 443(7) substitute--
20 "(7) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
the office of member.".
13. Chinatown Historic Precinct Act 1984
For section 6(2) substitute--
25 "(2) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of the
Committee in respect of the office of member.".
14. Chinese Medicine Registration Act 2000
For section 70(3) substitute--
30 "(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
the office of member.".
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Matters) Act 2006
Act No.
Sch.
15. Chiropractors Registration Act 1996
For section 64(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
5 the office of member.".
16. Coastal Management Act 1995
For clause 5 of the Schedule substitute--
"5. Application of Public Administration Act 2004
The Public Administration Act 2004 (other than
10 Part 3 of that Act) applies to a member of a body in
respect of the office of member.".
17. Commissioner for Environmental Sustainability Act 2003
For section 6(6) substitute--
"(6) The Public Administration Act 2004 (other than
15 Part 3, except as provided by section 16, of that Act)
applies to the Commissioner in respect of the office of
Commissioner.".
18. Commonwealth Games Arrangements Act 2001
18.1 For section 8(5) substitute--
20 "(5) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of an Advisory
Committee in respect of the office of member.".
18.2 For clause 1(4) of Schedule 2 substitute--
"(4) The Public Administration Act 2004 (other than
25 Part 3 of that Act) applies to a director of the Board in
respect of the office of director.".
19. Conservation, Forests and Lands Act 1987
For section 12(3) substitute--
"(3) The Public Administration Act 2004 (other than
30 Part 3 of that Act) applies to a member of a council or
committee in respect of the office of member.".
20. Corrections Act 1986
20.1 For section 63(7) substitute--
"(7) The Public Administration Act 2004 (other than
35 Part 3 of that Act) applies to a member in respect of
the office of member.".
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Act No.
Sch.
20.2 For section 84K(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of the
Committee in respect of the office of member.".
5 21. Country Fire Authority Act 1958
21.1 For section 9A(1) substitute--
"(1) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a person appointed as
chairman of the Authority in respect of the office of
10 chairman.".
21.2 For section 9B(7) substitute--
"(7) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a person appointed as
deputy chairman of the Authority in respect of the
15 office of deputy chairman.".
21.3 For section 74F substitute--
"74F. Application of Public Administration Act 2004
The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a Commissioner in
20 respect of the office of Commissioner.".
22. Crimes (Mental Impairment and Unfitness to be Tried)
Act 1997
For clause 2(1)(e) of Schedule 1 substitute--
"(e) is in respect of the office of member subject to the
25 Public Administration Act 2004 (other than Part 3
of that Act).".
23. Dairy Act 2000
For section 12(6) substitute--
"(6) The Public Administration Act 2004 (other than
30 Part 3 of that Act) applies to a member in respect of
the office of member.".
24. Dandenong Development Board Act 2003
For section 11(4) substitute--
"(4) The Public Administration Act 2004 (other than
35 Part 3 of that Act) applies to a member in respect of
the office of member.".
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Act No.
Sch.
25. Dental Practice Act 1999
For section 71(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
5 the office of member.".
26. Disability Act 2006
For section 13(1)(g) substitute--
"(g) is in respect of the office of member subject to the
Public Administration Act 2004 (other than Part 3
10 of that Act).".
27. Docklands Act 1991
For section 42(4) substitute--
"(4) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of an advisory
15 committee in respect of the office of member.".
28. Domestic (Feral and Nuisance) Animals Act 1994
For section 98G(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to any member of the pool
20 or a panel in respect of the office of member.".
29. Drugs, Poisons and Controlled Substances Act 1981
For section 15A(4) substitute--
"(4) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of the
25 Committee in respect of the office of member.".
30. Education and Training Reform Act 2006
30.1 For section 2.4.74(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of a pool or a
30 member of a Disciplinary Appeals Board in respect of
the office of member.".
30.2 For section 2.6.71(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
35 the office of member.".
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Act No.
Sch.
30.3 For section 3.1.7(4) substitute--
"(4) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
the office of member.".
5 31. Emergency Services Telecommunications Authority Act 2004
For section 9(4) substitute--
"(4) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
the office of member.".
10 32. Energy Safe Victoria Act 2005
For section 12(2) substitute--
"(2) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to the Director in respect of
the office of Director.".
15 33. Environment Protection Act 1970
33.1 For section 7(7) substitute--
"(7) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to the person appointed as
Chairman or as Deputy Chairman in respect of those
20 offices.".
33.2 For section 10(2) substitute--
"(2) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
the office of member.".
25 34. Equal Opportunity Act 1995
34.1 For section 164(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to an appointed member of
the Commission in respect of the appointment.".
30 34.2 For section 174(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to the Chief Conciliator in
respect of the appointment.".
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Matters) Act 2006
Act No.
Sch.
35. Essential Services Commission Act 2001
35.1 For section 18(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to the Chairperson in
5 respect of his or her office as a Commissioner.".
35.2 For section 21(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to an additional
Commissioner in respect of his or her office as a
10 Commissioner.".
36. Estate Agents Act 1980
For section 6(4)(c) substitute--
"(c) is subject to the Public Administration Act 2004
(other than Part 3 of that Act) in respect of the office
15 of the member.".
37. Film Act 2001
For clause 2(7) of the Schedule substitute--
"(7) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
20 the office of member.".
38. Financial Management Act 1994
For section 54D(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
25 the office of member.".
39. Firearms Act 1996
For section 156(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
30 the office of member.".
40. Fisheries Act 1995
40.1 For section 132(8) substitute--
"(8) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
35 the office of member.".
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Matters) Act 2006
Act No.
Sch.
40.2 For section 135(7) substitute--
"(7) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
the office of member.".
5 40.3 For section 184(8) substitute--
"(8) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
the office of member.".
40.4 For section 185(7) substitute--
10 "(7) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a deputy in respect of the
office of deputy.".
40.5 For section 190(8) substitute--
"(8) The Public Administration Act 2004 (other than
15 Part 3 of that Act) applies to a member in respect of
the office of member.".
40.6 For section 191(7) substitute--
"(7) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a deputy in respect of the
20 office of deputy.".
40.7 For clause 5 of Schedule 1 substitute--
"5. Application of Public Administration Act 2004
The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of a body in
25 respect of the office of member.".
41. Flora and Fauna Guarantee Act 1988
For section 8(9) substitute--
"(9) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of the
30 Committee in respect of the office of member.".
42. Food Act 1984
For section 60D(2) substitute--
"(2) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
35 the office of member.".
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43. Fuel Prices Regulation Act 1981
For section 3(4)(a) substitute--
"(a) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a person so appointed in
5 respect of his or her office, but if any such person is at
the time of his appointment an employee in the public
service he shall, subject to that Act, continue to be an
officer of the public service;".
44. Gambling Regulation Act 2003
10 For section 10.1.6(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a commissioner in
respect of the office of commissioner.".
45. Gas Industry Act 2001
15 For section 167(2) substitute--
"(2) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a director of VENCorp in
respect of the office of director.".
46. Health Act 1958
20 46.1 In section 8A(1)(c) for "public authority" (wherever
occurring) substitute "public entity".
46.2 For section 162C(3)(d) substitute--
"(d) is in respect of the office of member subject to the
Public Administration Act 2004 (other than Part 3
25 of that Act).".
47. Health Professions Registration Act 2005
47.1 For section 121(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
30 the office of member.".
47.2 For item 5.1 of Schedule 2 substitute--
"5.1 The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of a committee
or panel established under this Schedule in respect of
35 the office of member.".
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48. Health Services Act 1988
48.1 For section 33(11) substitute--
"(11) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of a board in
5 respect of the office of member.".
48.2 For section 40C(6)(d) substitute--
"(d) is in respect of the office of delegate subject to the
Public Administration Act 2004 (other than Part 3
of that Act).".
10 48.3 For section 65T(5) substitute--
"(5) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a director of a board of a
public health service in respect of the office of
director.".
15 48.4 For section 65ZAA(6)(d) substitute--
"(d) is in respect of the office of delegate subject to the
Public Administration Act 2004 (other than Part 3
of that Act).".
48.5 For section 115E(7) substitute--
20 "(7) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of a board in
respect of the office of member.".
48.6 For section 134D(3) substitute--
"(3) The Public Administration Act 2004 (other than
25 Part 3 of that Act) applies to a member in respect of
the office of member.".
49. Health Services (Conciliation and Review) Act 1987
Section 7A is repealed.
50. Heritage Act 1995
30 For clause 2(4) of Schedule 1 substitute--
"(4) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
the office of member.".
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51. Housing Act 1983
51.1 For section 8(2) substitute--
"(2) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of an advisory
5 committee in respect of the office of member.".
51.2 For section 9(1)(a)(ii) substitute--
"(ii) is in respect of that office subject to the Public
Administration Act 2004 (other than Part 3 of that
Act);".
10 51.3 For section 75(7) substitute--
"(7) The Public Administration Act 2004 (other than Part
3 of that Act) applies to the Registrar of Housing
Agencies in respect of that office.".
52. Human Services (Complex Needs) Act 2003
15 For section 8(4) substitute--
"(4) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to an appointed member or
an alternate Chairperson in respect of the office of
member.".
20 53. Infertility Treatment Act 1995
For section 124(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
the office of member.".
25 54. Intellectually Disabled Persons' Services Act 1986
54.1 For section 13(4)(d) substitute--
"(d) are in respect of the office of member subject to the
Public Administration Act 2004 (other than Part 3
of that Act).".
30 54.2 For clause 1(e) of Schedule 1 substitute--
"(e) is in respect of the office of President subject to the
Public Administration Act 2004 (other than Part 3
of that Act).".
54.3 For clause 2(1)(e) of Schedule 1 substitute--
35 "(e) is in respect of the office of member subject to the
Public Administration Act 2004 (other than Part 3
of that Act).".
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55. Judicial College of Victoria Act 2001
For section 9(2) substitute--
"(2) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a director in respect of
5 the office of director.".
56. Judicial Remuneration Tribunal Act 1995
For section 6(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
10 the office of member.".
57. Kew and Heidelberg Lands Act 1933
For section 6A(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a trustee in respect of the
15 office of trustee.".
58. Legal Aid Act 1978
58.1 For sections 12B(2) and (3) substitute--
"(2) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a director of VLA and
20 the managing director in respect of the office of
director and the office of managing director.".
58.2 For section 12F(5) substitute--
"(5) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to the acting managing
25 director in respect of the office of acting managing
director.".
58.3 For section 18(4) substitute--
"(4) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a panel member in
30 respect of the office of panel member.".
59. Legal Profession Act 2004
59.1 In section 6.2.2, for "public authority" substitute "public
entity".
59.2 For section 6.2.5(2) substitute--
35 "(2) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of the Board in
respect of the office of member.".
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60. Libraries Act 1988
For section 23(7) substitute--
"(7) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of the Board in
5 respect of the office of member.".
61. Liquor Control Reform Act 1998
61.1 For section 150(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to the Director in respect of
10 the office of Director.".
61.2 For section 158(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of the Panel in
respect of the office of member.".
15 62. Livestock Disease Control Act 1994
For clause 5 of Schedule 1 substitute--
"5. Application of Public Administration Act 2004
The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of a
20 Committee in respect of the office of member.".
63. Meat Industry Act 1993
63.1 For section 49(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of the
25 Authority in respect of the office of member.".
63.2 In section 55(2) and (3) for "public authority" (wherever
occurring) substitute "public entity".
64. Medical Practice Act 1994
For section 68(3) substitute--
30 "(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
the office of member.".
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65. Melbourne and Olympic Parks Act 1985
For section 10(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
5 the office of member.".
66. Melbourne Convention and Exhibition Trust Act 1996
For section 9(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
10 the office of member.".
67. Melbourne Market Authority Act 1977
For section 10(6) substitute--
"(6) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
15 the office of member.".
68. Melbourne Water Corporation Act 1992
For section 16(2)(b) substitute--
"(b) the Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
20 the office of member;".
69. Mental Health Act 1986
69.1 For section 117F(4) substitute--
"(4) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
25 the office of member.".
69.2 For clause 1(e) of Schedule 1 substitute--
"(e) is in respect of the office of President subject to the
Public Administration Act 2004 (other than Part 3
of that Act).".
30 69.3 For clause 2(1)(e) of Schedule 1 substitute--
"(e) is in respect of the office of member subject to the
Public Administration Act 2004 (other than Part 3
of that Act).".
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69.4 For clause 4(1)(d) of Schedule 3 substitute--
"(d) is in respect of the office of member subject to the
Public Administration Act 2004 (other than Part 3
of that Act).".
5 69.5 For clause 4(3)(c) of Schedule 3 substitute--
"(c) is in respect of the office of alternate member subject
to the Public Administration Act 2004 (other than
Part 3 of that Act).".
70. Metropolitan Fire Brigades Act 1958
10 70.1 For section 12 substitute--
"12. Application of Public Administration Act 2004
The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of the Board in
respect of the office of member.".
15 70.2 For section 79E substitute--
"79E. Application of Public Administration Act 2004
The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a Commissioner in
respect of the office of Commissioner.".
20 71. Mineral Resources Development Act 1990
71.1 For section 51(6) substitute--
"(6) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
the office of member.".
25 71.2 For section 96(5) substitute--
"(5) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a mining warden in
respect of the office of mining warden.".
72. Motor Car Traders Act 1986
30 For section 58(2) substitute--
"(2) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of the
Committee in respect of the office of member.".
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73. Multicultural Victoria Act 2004
For section 11(5)(a) substitute--
"(a) is, in respect of his or her office as a member, subject
to the Public Administration Act 2004 (other than
5 Part 3 of that Act); and".
74. Museums Act 1983
For section 11(11) substitute--
"(11) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of the Board in
10 respect of the office of member.".
75. National Gallery of Victoria Act 1966
For section 6(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of the Council
15 in respect of the office of member.".
76. Nurses Act 1993
For section 68(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of the Board in
20 respect of the office of member.".
77. Optometrists Registration Act 1996
For section 68(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
25 the office of member.".
78. Osteopaths Registration Act 1996
For section 64(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
30 the office of member.".
79. Outworkers (Improved Protection) Act 2003
For clause 5(1) of the Schedule substitute--
"(1) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
35 the office of member.".
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80. Pharmacy Practice Act 2004
For section 85(2) substitute--
"(2) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
5 the office of member.".
81. Physiotherapists Registration Act 1998
For section 63(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
10 the office of member.".
82. Planning and Environment Act 1987
For section 151(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of a committee
15 in respect of the office of member.".
83. Podiatrists Registration Act 1997
For section 64(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
20 the office of member.".
84. Police Regulation Act 1958
For section 89(4) substitute--
"(4) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
25 the office of member.".
85. Port Services Act 1995
For clause 3(2) of Schedule 1 substitute--
"(2) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a director of a port
30 corporation in respect of the office of director.".
86. Professional Standards Act 2003
For clause 7(1) of Schedule 2 substitute--
"(1) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
35 the office of member.".
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87. Prostitution Control Act 1994
For section 67(10) substitute--
"(10) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
5 the office of member.".
88. Psychologists Registration Act 2000
For section 70(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
10 the office of member.".
89. Queen Victoria Women's Centre Act 1994
For section 8(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of the Trust in
15 respect of the office of member.".
90. Racing Act 1958
90.1 For section 83H(1)(f) substitute--
"(f) shall in respect of that office be subject to the Public
Administration Act 2004 (other than Part 3 of that
20 Act.".
90.2 For section 83I(2)(f) substitute--
"(f) shall in respect of that office be subject to the Public
Administration Act 2004 (other than Part 3 of that
Act).".
25 91. Radiation Act 2005
For section 104(7) substitute--
"(7) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
the office of member.".
30 92. Rail Corporations Act 1996
For clause 3(2) of Schedule 1 substitute--
"(2) The Public Administration Act 2004 (other than Part
3 of that Act) applies to a director of a rail corporation
in respect of the office of director.".
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93. Royal Botanic Gardens Act 1991
For clause 8 of Schedule 2 substitute--
"8. Member subject to Public Administration
Act 2004
5 The Chairperson, the Deputy Chairperson, or a
member of the Board is, in respect of that office,
subject to the Public Administration Act 2004 (other
than Part 3 of that Act).".
94. Rural Finance Act 1988
10 For section 17(1) substitute--
"(1) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of the Board in
respect of the office of member.".
95. Sentencing Act 1991
15 For section 108H(2) substitute--
"(2) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a director in respect of
the office of director.".
96. Southern and Eastern Integrated Transport Authority
20 Act 2003
For section 9(5) substitute--
"(5) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
the office of member.".
25 97. State Sport Centres Act 1994
For section 11(4) substitute--
"(4) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of the Trust in
respect of the office of member.".
30 98. Surveying Act 2004
For section 48(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
the office of member.".
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99. Sustainability Victoria Act 2005
99.1 In section 10(1)(e), for "Minister." substitute "Minister;".
99.2 After section 10(1)(e) insert--
"(f) is in respect of the office of member subject to the
5 Public Administration Act 2004 (other than Part 3
of that Act).".
100. Teaching Service Act 1981
100.1 For section 31 substitute--
"31. Public Administration Act 2004 to apply
10 The Public Administration Act 2004 (other than
Part 3 of that Act) applies to an office in the Principal
Class declared under this Act and to a member of the
Principal Class.".
100.2 For section 75E(3) substitute--
15 "(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of a pool or a
member of a Disciplinary Appeals Board in respect of
the office of member.".
101. Tobacco Act 1987
20 For section 21(3)(b) substitute--
"(b) are, in respect of the office of member, subject to the
Public Administration Act 2004 (other than Part 3
of that Act).".
102. Tourism Victoria Act 1992
25 For section 12 substitute--
"12. Members subject to the Public Administration
Act 2004
The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of the
30 Commission in respect of the office of member.".
103. Transport Act 1983
103.1 Insert the following heading to section 7--
"Minister may make use of services of officers etc. of
public service or public entities".
35 103.2 In section 7, for "public authority" substitute "public
entity".
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104. Transport Accident Act 1986
For section 16(5) substitute--
"(5) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a Director in respect of
5 the office of Director.".
105. Treasury Corporation of Victoria Act 1992
For section 12(2) substitute--
"(2) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a director of the
10 Corporation in respect of the office of director.".
106. Veterans Act 2005
For section 10(a) substitute--
"(a) is, in respect of his or her office as a member, subject
to the Public Administration Act 2004 (other than
15 Part 3 of that Act);".
107. Veterinary Practice Act 1997
For section 64(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
20 the office of member.".
108. Victoria State Emergency Service Act 2005
For section 13 substitute--
"13. Application of Public Administration Act 2004
The Public Administration Act 2004 (other than
25 Part 3 of that Act) applies to a Director in respect of
the office of Director.".
109. Victorian Environmental Assessment Council Act 2001
For section 9(5) substitute--
"(5) The Public Administration Act 2004 (other than
30 Part 3 of that Act) applies to a member in respect of
the office of member.".
110. Victorian Funds Management Corporation Act 1994
For section 13(3) substitute--
"(3) The Public Administration Act 2004 (other than
35 Part 3 of that Act) applies to a director in respect of
the office of director.".
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111. Victorian Institute of Teaching Act 2001
For section 75(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
5 the office of member.".
112. Victorian Law Reform Commission Act 2000
For section 8(2) substitute--
"(2) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
10 the office of member.".
113. Victorian Managed Insurance Authority Act 1996
For section 11(4) substitute--
"(4) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a director in respect of
15 the office of director.".
114. Victorian Urban Development Authority Act 2003
For section 19(2) substitute--
"(2) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a director of the
20 Authority in respect of the office of director.".
115. Vocational Education and Training Act 1990
For section 13(2) substitute--
"(2) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
25 the office of member.".
116. Water Act 1989
116.1 For section 108(2)(b) substitute--
"(b) a member of a committee is, in respect of the office of
member, subject to the Public Administration
30 Act 2004 (other than Part 3 of that Act);".
116.2 For section 305FF(6) substitute--
"(6) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of the Council
in respect of the office of member.".
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116.3 For section 318(3) substitute--
"(3) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of a committee
in respect of the office of member.".
5 116.4 For clause 2 of Schedule 1 substitute--
"2. Members subject to Public Administration
Act 2004
The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
10 the office of member.".
117. Workplace Rights Advocate Act 2005
For section 6(4) substitute--
"(4) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to the WRA in respect of
15 the office of WRA.".
118. World Swimming Championships Act 2004
118.1 For clause 1(4) of Schedule 1 substitute--
"(4) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of the Board in
20 respect of the office of member.".
118.2 For clause 1(5) of Schedule 2 substitute--
"(5) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member of an Advisory
Committee in respect of the office of member.".
25 119. Zoological Parks and Gardens Act 1995
For clause 1(4) of Schedule 2 substitute--
"(4) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to a member in respect of
the office of member.".
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Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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