PUBLIC ADMINISTRATION ACT 2004
Table of Provisions
PART 1--PRELIMINARY
- 1 Purposes
- 2 Commencement
- 3 Objects
- 4 Definitions
- 5 What are public entities?
- 6 What are special bodies?
PART 2--PUBLIC SECTOR VALUES AND EMPLOYMENT PRINCIPLES
PART 3--PUBLIC SERVICE EMPLOYMENT
Division 1--Structure
Division 2--Public service bodies
Division 3--Public service body Heads
Division 4--Employees
Division 5--Executives
- 23 Who are executives for the purposes of this Division?
- 24 Who are employers for the purposes of this Division?
- 25 Executive employment governed by contract
- 25A Remuneration of executives
- 26 Contracts and existing employees
- 27 Right of return
Division 6--Mobility of employees
Division 7--Restriction on employees doing other work
Division 8--Termination
- 33 Termination of employment (non-executives)
- 34 Termination of employment (executives)
- 35 No compensation on termination of employment, etc.
Division 9--General
PART 3A--ADMINISTRATIVE GUIDELINES
- 36A Administrative guidelines
PART 4--VICTORIAN PUBLIC SECTOR COMMISSION
Division 2--Victorian Public Sector Commissioner
Division 3--Advisory Board
- 52 Establishment and constitution of Advisory Board
- 53 Appointment of members of Advisory Board
- 54 Role and functions of Advisory Board
- 55 Meetings and procedures of Advisory Board
Division 4--Inquiries
Division 4A--Ancillary provisions for inquiries
- 60B Definitions
- 60C Power to compel production of documents and other things or attendance of witness
- 60D Service of notice to produce or notice to attend
- 60E Offence to fail to comply with a notice to produce or attend
- 60F Offence to fail to take oath, make affirmation or answer question
- 60G Statutory secrecy and confidentiality provisions
- 60H Protection of participants
- 60I Practice directions, statements and notes
Division 5--Maintaining public sector professionalism and integrity
Division 6--Annual plan, strategic plan and annual report
- 68 Annual plan
- 69 Strategic plan
- 70 Annual report
Division 7--Application of other Acts
Division 8--The Commission and the IBAC
- 73 Mandatory notification of corrupt conduct to IBAC
- 74 Consultation prior to notification
- 74A Communication of information to the IBAC
- 74B Commission not to prejudice investigations of the IBAC
PART 5--OPERATION OF PUBLIC ENTITIES
Division 1--Preliminary
- 75 Application of Part
- 76 This Part to prevail
Division 2--Governance principles
- 77 Application of Division
- 78 Other duties not affected
- 79 Duties of directors
- 80 Duties of chairperson
- 81 Duties of entity
- 82 Public entity not to make loans to directors
- 83 Sub-committees
- 84 Subsidiaries
- 85 Accountability
- 86 Injunctions
- 87 Public entity or Minister may bring proceedings
Division 3--Removal, suspension or standing down of directors
- 88 Application of Division
- 89 Power to remove or suspend directors
- 90 Standing down of director of quasi-judicial entity
Division 4--General
- 91 Application of Division
- 92 Power to make public entities subject to specified whole of government policies
- 93 Requirement to provide financial information
- 94 Requirement to provide non-financial information
- 95 Documents required to be kept by standard entities
- 96 Documents required to be kept by small entities
- 97 Documents required to be kept by advisory entities
PART 5A--COMMUNICATION AND ADVERTISING BY PUBLIC SECTOR BODIES
PART 6--EMPLOYMENT OF MINISTERIAL OFFICERS, PARLIAMENTARY ADVISERS AND JUDICIAL EMPLOYEES
Division 1--Ministerial officers
- 98 Employment of Ministerial officers
- 98A Continuity of certain entitlements of former Ministerial officer
Division 2--Parliamentary advisers
- 99 Employment of Parliamentary advisers
- 99A Continuity of certain entitlements of former Parliamentary adviser
- 100 Delegation
Division 3--Judicial employees
PART 7--DECLARED AUTHORITIES
- 104 What are declared authorities?
- 105 Application of Act to declared authorities
PART 7A--EMPLOYER POWERS IN EMERGENCY SITUATIONS
- 105A Declaration of emergency situation
- 105B Period of operation of declaration
- 105C Variation, extension or revocation of declaration
- 105D Report to Parliament
- 105E Powers of public sector body Heads in emergency situations
PART 8--MISCELLANEOUS
- 106 Act not to apply to certain persons
- 107 Protection from reprisal
- 108 Proceedings for damages for reprisal
- 109 Delegation by Premier and public service body Minister
- 110 Exercise of functions in person's absence
- 112 Regulations
- 115 Privileges of former members of Parliament and unsuccessful Parliamentary candidates
- 115A Salary sacrifice by office holders
- 116 Saving and transitional provisions
- 117 Transitional provision—repeal of Subdivision 5A of Division 2 of Part 4
- 118 Savings and transitional provisions—Public Administration Amendment (Public Sector Improvement) Act 2014
- 119 Transitional provision—Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019