Victorian Consolidated Legislation
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PUBLIC ADMINISTRATION ACT 2004
No. 108 of 2004
Version incorporating amendments as at 28 November 2007
TABLE OF PROVISIONS
Section Page
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
7. Public sector values
8. Public sector employment principles
PART 3-PUBLIC SERVICE EMPLOYMENT
Division 1-Structure
9. The public service
Division 2-Public service bodies
10. Departments
11. Administrative Offices
Division 3-Public service body Heads
12. Public service body Heads
13. General responsibility of Department Heads
14. Responsibility of Administrative Office Heads
15. Duty to act independently in employment matters
16. Persons with functions of public service body Head
17. Performance review of public service body Heads
18. Delegation
19. Acting assignment as public service body Head
Division 4-Employees
20. Employment and retirement
21. Probation
22. Dealing with misconduct
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
26. Contracts and existing employees
27. Right of return
Division 6-Transfer of employees
28. Transfer directed by public service body Head
29. Transfer of public service body Head to other duties
30. Machinery of government transfers
31. Transfer, etc. does not affect employment continuity
Division 7-Restriction on employees doing other work
32. 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
36. Operation of Part
PART 4-STATE SERVICES AUTHORITY
Division 1-Establishment, constitution, appointments and
meetings
37. Establishment and constitution of State Services Authority
38. Terms and conditions of appointment of members
39. Removal or resignation from office
40. Role of chairperson
41. Acting chairperson
42. Chief executive officer
43. Meetings
44. Validity of acts or decisions
44A. Application of Freedom of Information Act 1982.
44B. Application of Part 7A of Financial Management Act 1994.
Division 2-Functions
Subdivision 1-General
45. Functions and powers of the Authority
46. How are the Authority's functions to be exercised?
47. Prohibition on disclosure of certain information
48. Delegation
Subdivision 2-Role 1.
49. Statement of role 1.
50. Systems reviews
51. Report of systems review
52. Special inquiries
53. Powers on special inquiries
54. Procedure and evidence at a special inquiry
55. Reports of special inquiries
56. Special reviews
57. Powers on special reviews
58. Procedure and evidence at a special review
59. Reports of special reviews
60. Bodies with judicial or quasi-judicial functions
Subdivision 3-Role 2.
61. Statement of role 2.
62. Role 2 to be performed by PSSC
63. Codes of conduct
64. Review of actions
65. Recommendations following review
66. Promotion of public sector values, principles etc.
Subdivision 4-Role 3.
67. Statement of role 3.
68. Related functions
Subdivision 5-Role 4.
69. Statement of role 4.
70. How role 4 is to be performed
Subdivision 5A-Role 5.
70A. Statement of role 5.
70B. Role 5 to be performed by PSSC
70C. Definitions
70D. Exclusions
70E. Application to PSSC to deal with termination
70F. Dismissal of application for want of jurisdiction
70G. Applications that are frivolous, vexatious or lacking in
substance
70H. Extension of time applications may be decided without a
hearing
70I. Dismissal of application relating to termination for
operational reasons
70J. Conciliation
70K. Applicant to elect whether or not to proceed to arbitration
70L. Arbitration
70M. Remedies on arbitration
70N. Orders made on arbitration are binding
70P. Public Sector Standards Commissioner may dismiss
application if applicant fails to attend
70Q. Limitation on applications under section 70E(1)
70R. No second applications under section 70E(1) concerning
same termination to be made
70S. Orders to be in writing
70T. When orders take effect
70U. Compliance with orders
70V. Variation and revocation of orders
70W. Public Sector Standards Commissioner may determine
procedure
70X. Personal liability
70Y. Immunity of participants
70Z. Regulations
Subdivision 6-Role 6.
71. Statement of role 6.
72. Register
Division 3-Annual plans and reports
73. Authority's annual plan
74. Authority and PSSC reports
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 6-EMPLOYMENT OF MINISTERIAL OFFICERS, PARLIAMENTARY ADVISERS AND JUDICIAL
EMPLOYEES
Division 1-Ministerial officers
98. Employment of Ministerial officers
Division 2-Parliamentary Advisers
99. Employment of Parliamentary advisers
100. Delegation
Division 3-Judicial employees
101. Judicial employees
102. Employment of judicial employees
103. Termination of employment as judicial employee
PART 7-DECLARED AUTHORITIES
104. What are declared authorities?
105. Application of Act to declared authorities
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
111. Evidence Act provisions to apply
112. Regulations
113, 114 Repealed
115. Privileges of former members of Parliament and unsuccessful Parliamentary candidates
116. Saving and transitional provisions
117. Repealed
PART 9-Repealed
118-127 Repealed
__________________
SCHEDULE 1-Privileges of Former Members of Parliament and Unsuccessful Parliamentary Candidates
1. Definitions
2. Privileges of former members of Parliament
3. Return to employment of certain unsuccessful candidates
SCHEDULE 2-Saving and Transitional Provisions
1. Definitions
2. General transitional provision
3. Existing public service staff
4. Vacancies
5. Public service structure
6. Commissioner for Public Employment
7. Superseded references
8. Re-employment in public sector
9. Personal grievances and discipline
10. Compulsory retirement
11. Leave
12. Continuing application of repealed provision
13. Public Sector Acts (Further Workplace Protection and
Other Matters) Act 2006.
SCHEDULE 3-Repealed
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
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