CONSTITUTION ACT 1975 - SECT 95 Officers in the public service not to take part in political affairs
CONSTITUTION ACT 1975 - SECT 95
Officers in the public service not to take part in political affairs(1) A person employed in any capacity (whether permanently or temporarily) in the service of the State of Victoria shall not—
(a) publicly comment upon the administration of any department of the State of Victoria;
(b) use except in or for the discharge of his official duties any information gained by or conveyed to him through his connexion with the public service; or
(c) directly or indirectly use or attempt to use any influence with respect to the remuneration or position of himself or of any person in the public service.
S. 95(2) amended by Nos 9788 s. 3(1)(b)(i), 9921 s. 255, 2/1990
s. 7(2), 46/1998
s. 7(Sch. 1).
(2) Any person who contravenes this section shall on proof thereof to the satisfaction of body or person to which or whom he is subject in matters of discipline (as the case requires) be liable to a fine not exceeding $100 and in addition to such fine may be reduced in class subdivision grade status or salary or dismissed or have his services dispensed with.
(3) This section—
S. 95(3)(a) amended by Nos 9788 s. 3(1)(b)(ii), 9921 s. 255, 10029
s. 22, 46/1998
s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 40), 24/2006
s. 6.1.2(Sch. 7 item 8.2), 6/2010 s. 203(1) (Sch. 6
item 9.2) (as amended by No. 45/2010 s. 22), 37/2014
s. 10(Sch. item 27.2).
(a) shall apply to every person employed as aforesaid notwithstanding that he may not be subject to the Public Administration Act 2004 or the Education and Training Reform Act 2006 or the Transport (Compliance and Miscellaneous) Act 1983 or the Transport Integration Act 2010 or the Victoria Police Act 2013 ;
S. 95(3)(b) amended by No. 24/1996 s. 34(b).
(b) shall not apply to officers in the service of the Parliament, but the Governor in Council on the joint recommendation of the presiding officers may make regulations applying to such officers in relation to matters referred to herein.
Pt 7 (Heading and ss 96, 97) inserted by No. 37/2003 s. 5.
Part VII—Delivery of water services
New s. 96 inserted by No. 37/2003 s. 5.