PUBLIC ADMINISTRATION ACT 2004

Victorian Consolidated Legislation

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PUBLIC ADMINISTRATION ACT 2004 - NOTES

No. 108 of 2004
Version incorporating amendments as at 20 August 2009

ENDNOTES

1. General Information
Minister's second reading speech-
Legislative Assembly: 16 November 2004
Legislative Council: 7 December 2004
The long title for the Bill for this Act was "to provide a framework for good governance in the Victorian public sector and in public administration generally in Victoria, to establish a State Services Authority, to repeal the Public Sector Management and Employment Act 1998 and the Public Sector Reform (Miscellaneous Amendments) Act 1998, to amend the Constitution Act 1975 and the Parliamentary Officers Act 1975, to make consequential amendments to certain other Acts and for other purposes."
The Public Administration Act 2004 was assented to on 21 December 2004 and came into operation as follows:
Sections 1, 2 and Part 9 (sections 118-127) on 21 December 2004: Special Gazette (No. 275) 21 December 2004 page 3; sections 3-6, 37-44 on 4 April 2005; sections 7-36, 45-74, 98-117, Schedules 1-3 on 5 April 2005; Part 5 (sections 75-97) on 1 July 2005: Government Gazette 31 March 2005 page 602.

2. Table of Amendments
This Version incorporates amendments made to the Public Administration Act 2004 by Acts and subordinate instruments.
-------------------------------------------------------------
Public Administration Act 2004, No. 108/2004
Assent Date:
21.12.04
Commencement Date:
S. 117(2) on 5.4.05: Government Gazette 31.3.05 p. 602
Current State:
This information relates only to the provision/s amending the Public Administration Act 2004
Parliamentary Administration Act 2005, No. 20/2005
Assent Date:
24.5.05
Commencement Date:
S. 50 on 21.12.04: s. 2(2); ss 47-49, 52(1)(2) on 1.7.05: s. 2(4)
Current State:
This information relates only to the provision/s amending the Public Administration Act 2004
Courts Legislation (Miscellaneous Amendments) Act 2005, No. 30/2005
Assent Date:
21.6.05
Commencement Date:
S. 11(1) on 5.4.05: s. 2(2); s. 11(2) on 12.12.05: s. 2(3)
Current State:
This information relates only to the provision/s amending the Public Administration Act 2004
Commissioner for Law Enforcement Data Security Act 2005, No. 84/2005
Assent Date:
29.11.05
Commencement Date:
S. 19 on 1.7.06: s. 2(2)
Current State:
This information relates only to the provision/s amending the Public Administration Act 2004
Disability Act 2006, No. 23/2006
Assent Date:
16.5.06
Commencement Date:
S. 247 on 1.7.07: s. 2(3)
Current State:
This information relates only to the provision/s amending the Public Administration Act 2004
Education and Training Reform Act 2006, No. 24/2006
Assent Date:
16.5.06
Commencement Date:
S. 6.1.2(Sch. 7 item 33) on 1.7.07: Government Gazette 28.6.07 p. 1304
Current State:
This information relates only to the provision/s amending the Public Administration Act 2004
Statute Law (Further Revision) Act 2006, No. 29/2006
Assent Date:
6.6.06
Commencement Date:
S. 3(Sch. 1 item 32 ) on 7.6.06: s. 2(1)
Current State:
This information relates only to the provision/s amending the Public Administration Act 2004

Charter of Human Rights and Responsibilities Act 2006, No. 43/2006
Assent Date:
25.7.06
Commencement Date:
S. 47(Sch. item 5) on 1.1.07: s. 2(1)
Current State:
This information relates only to the provision/s amending the Public Administration Act 2004
Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006
Assent Date:
10.10.06
Commencement Date:
S. 11 on 4.4.05: s. 2(2); ss 3, 4, 7-10, 12-14, 24 on 11.10.06: s. 2(1)
Current State:
This information relates only to the provision/s amending the Public Administration Act 2004
Statute Law Revision Act 2007, No. 28/2007
Assent Date:
26.6.07
Commencement Date:
S. 3(Sch. item 55) on 27.6.07: s. 2(1)
Current State:
This information relates only to the provision/s amending the Public Administration Act 2004
Education and Training Reform Miscellaneous Amendments Act 2007, 
No. 58/2007
Assent Date:
27.11.07
Commencement Date:
S. 54(1)(2) on 1.7.07: s. 2(2); s. 54(3) on 28.11.07: s. 2(1)
Current State:
This information relates only to the provision/s amending the Public Administration Act 2004
Motor Car Traders Amendment Act 2008, No. 4/2008
Assent Date:
4.3.08
Commencement Date:
S. 32(Sch. item 28) on 1.12.08: s. 2(2)
Current State:
This information relates only to the provision/s amending the Public Administration Act 2004 
Courts Legislation Amendment (Associate Judges) Act 2008, No. 24/2008
Assent Date:
3.6.08
Commencement Date:
S. 87 on 17.12.08: Special Gazette (No. 377) 16.12.08 p. 1
Current State:
This information relates only to the provision/s amending the Public Administration Act 2004
Health Services Legislation Amendment Act 2008, No. 79/2008
Assent Date:
11.12.08
Commencement Date:
S. 21 on 31.3.09: Government Gazette 19.2.09 p. 328
Current State:
This information relates only to the provision/s amending the Public Administration Act 2004
Salaries Legislation Amendment (Salary Sacrifice) Act 2008, No. 83/2008
Assent Date:
11.12.08
Commencement Date:
Ss 18, 19 on 11.12.08: s. 2(1)
Current State:
This information relates only to the provision/s amending the Public Administration Act 2004 

Fair Work (Commonwealth Powers) Act 2009, No. 24/2009
Assent Date:
17.6.09
Commencement Date:
Ss 37, 38 on 1.7.09: Special Gazette (No. 227) 1.7.09 p. 1
Current State:
This information relates only to the provision/s amending the Public Administration Act 2004 
Public Administration Amendment Act 2009, No. 27/2009
Assent Date:
17.6.09
Commencement Date:
Ss 3-15 on 8.7.09: Special Gazette (No. 233) 7.7.09 p. 1
Current State:
This information relates only to the provision/s amending the Public Administration Act 2004 
-------------------------------------------------------------
3. Explanatory Details
No entries at date of publication.



















INDEX

Subject

Section

Act

	commencement
2
	not to apply to certain persons
106
	objects
3
	purpose
1
	savings and transitional provisions
116, 117, Sch. 2
Administrative Offices

	Administrative Office Heads
4, 12, 14
	definition
4
	Department Heads' responsibility for
13
	Orders to establish, abolish, change name of
11
See also Public service body Heads

Advisory entities See Public entities

Auditor-General
16
Authority See State Services Authority

Candidates for Parliament See Parliament

Codes of conduct

	applicable to directors of public entities
81, 89
	contraventions
63
	matters in Authority's annual report regarding
74
	preparation, issue, promotion by PSSC
63, 66
	register
72
	status, enforcement not affected
7
Commissioner entities See Public entities

Commissioner for Environmental Sustainability
16
Commissioner for Law Enforcement Data Security
6
Courts See Exempt bodies; Judicial employees

Damages
108
Declared authorities

	application of Act to
105
	declarations
104
	definition
4
	employees, statutory and prerogative office holders as executives

23-26, 34
Definitions
4, 95, 101, 104, 105A, Sch. 1, Sch. 1A, Sch. 2
Departments

	definition
4
	Department Heads
4, 12-14
	Orders to establish, abolish, change name of
10
See also Public service body Heads

Director, Police Integrity
16
Electoral Boundaries Commission
6
Electoral Commissioner
16




Emergency situations

	declaration by Premier
105A
	duration
105B
	powers of public sector body Heads
105E
	reports to Parliament
105D
	variation, extension, revocation
105C
Employees

	assignment of duties
31A
	definition
4
	definition of public sector employees
4
	employment of
20
	misconduct, serious misconduct
4, 22, 33, 63
	non-executive employees (def.)
4
	persons with functions of public service body Head in relation to

16
	public sector employment principles
4, 8, 66, 74
	public service body Head's general powers, duties
15, 20
	restrictions on other work
32
	reviews of actions regarding
64-65
	termination of employment
33-35
	transfers
28-31
	transitional provisions and savings
116, Sch. 2
	unsatisfactory performance
22
See also Executives

Essential Services Commission
16
Executives

	definition, declarations
4, 23
	employers of
23, 24
	employment of
25, 26
	existing employees eligible to be
26
	operation of Part 3
36
	remuneration
25A
	right of return as non-executive employees
27
	termination of employment
34-35
Exempt bodies

	definition
4
	detrimental action against exempt officials
107-108
Freedom of Information Act 1982
44A
Governor's office See Official Secretary

Health Services Commissioner
6
Injunctions
86
Inquiries See Special inquiries

Instruments See Register of instruments

Investigations
111
Judicial employees
7, 101-103
Legal Services Commissioner
16
Members of Parliament See Parliament

Ministerial officers
98



Ministers

	responsible for public entities
4, 50, 59-60, 84-87, 89, 95-97
See also Public service body Ministers

Municipal councils See Exempt bodies

Non-executive employees See Employees

Offences
107-108
Office holders
115A, Sch. 1A
Office of Police Integrity
6, 16
Office of Public Prosecutions See Exempt bodies

Official Secretary
4, 12, 29
Ombudsman
6, 16
Parliament

	Act not to apply to officers of
106
	departments of as special bodies
6
	officers of in definition of public officials
4
	Parliamentary advisers
99-100
	privileges of former members, candidates
115, Sch. 1
Parliamentary advisers
99-100
Parliamentary committees See Exempt bodies

Police force See Victoria Police

Premier

	delegation
109
	powers, duties regarding

Authority
37-39, 41, 45, 73
emergency situations
105A, 105C, 105D
employees
30, 35
executives
25A
Ministerial officers
98
Parliamentary advisers
99-100
public entities
70, 92, 94
Public Sector Standards Commissioner
39
public service body Heads
12, 17, 19, 24, 25A, 29, 32, 34
register of instruments
72
reports of Authority, PSSC
74
special inquiries, reviews, systems reviews
50-52, 55-56, 59
Prerogative offices
4, 28, 30
See also Declared authorities

Prescribed offices and officers
4, 16
Privacy Commissioner
6, 16
Proceedings
87, 108, 111
PSSC See Public Sector Standards Commissioner

Public entities

	accountability
85
	advisory entities
4, 5, 81, 97
	application, effect of Part 5
75-76
	application, effect of Part 5, Division 2
77-78
	application of Part 5, Division 3
88
	application of Part 5, Division 4
91
	Authority's role regarding standards of governance, performance, accountability

69-70

	boards of
4, 81, 85
	chairpersons
4, 80
	Commissioner entities
4, 81, 85
	compliance with whole of government policies
92
	definition, declarations
4, 5
	directors

appointment
85
conflicts of interest
81
contraventions of Act, codes of conduct by
86-87, 89
definition
4
duties (general)
78-79, 81
policies, procedures, processes regarding 
81
prohibition on loans, guarantees to
82
removal, suspension, standing down of
85, 88-90
	documents required to be kept by
95-97
	financial records, statements, information
81, 93
	injunctions
86
	meetings
81
	Minister's powers, responsibilities
50, 59-60, 84-87, 89, 95-97
	non-financial information provided by
81, 94
	proceedings brought by
87
	public entity Heads
4, 66
	quasi-judicial entities
7, 86, 89, 90, 92
	register of Orders regarding
72
	small entities
4, 75, 96
	special inquiries
52-55
	special reviews
56-59
	standard entities
4, 95
	sub-committees
83
	subsidiaries
84
	systems reviews
50-51
See also Declared authorities; Employees

Public officials

	definition
4
	demonstration of, adherence to public sector values
7
	detrimental action against
4, 107-108
	matters in Authority's annual report regarding
74
See also Codes of conduct; Employees;
Public entities

Public sector

	definition
4
	profile in Authority's annual report
74
	public sector bodies
4, 7
	public sector body Heads
4, 8, 66, 105E
	public sector employment principles
4, 8, 66, 74
	public sector values
4, 7, 66, 74
	transitional provisions and savings
116, Sch. 2
See also Codes of conduct; Employees; Executives; 
Public entities; Public service;
Special bodies



Public Sector Standards Commissioner

	appointment, employment of
37-39
	codes of conduct issued by
63, 66
	delegation
48
	disclosure of information by
47
	investigations, proceedings conducted by
111
	performance of role 2 of Authority by
61-66
	promotion of values, principles, standards by
66
	review of actions regarding employees by
64-65, 74
	suspension, removal from office
39
	standards issued by
64, 66, 72, 74
	validity of acts, decisions
44
Public service

	definition
4
	profile in Authority's annual report
74
	public service bodies

definition
4
review of actions taken within
64-65
special inquiries
52-55
special reviews
56-59
systems reviews
50-51
	reinstatement of MPs, unsuccessful candidates in
115, Sch. 1
	structure
9
	transitional provisions and savings
116, Sch. 2
See also Administrative Offices; Departments; 
Employees; State Services Authority

Public service body Heads 

	acting assignments as
19
	appropriate public service body Head (def.)
4
	definition
4
	delegation
18
	employment of
12
	investigations, proceedings conducted by
111
	performance reviews of
17
	persons with functions of
16, 105
	powers, functions, duties regarding

employment
15, 20, 24, 28, 31A, 32-34
employment of judicial employees
101-103
information for Authority
74
public sector values, employment principles, standards, codes of conduct

66
reviews of actions
64-65
systems reviews
50
	Premier as employer of
24, 34
	removal from office
34
	remuneration
25A
	responsibilities in general
13-14
	restrictions on other work
32
	termination of employment
34
	transfers
29

Public service body Ministers

	definition
4
	delegation
109
	powers, duties regarding

exercise of functions in person's absence
110
special inquiries, reviews, systems reviews
50, 55, 59, 60
Register of instruments
71-72
Regulations
22, 27, 64, 112
Reviews

	disclosure of information regarding
47
	of actions regarding employment
64-65
	of classes of public entities
70
	special reviews
56-60
	systems reviews
50-51
Small entities See Public entities

Solicitor for Public Prosecutions
16
Special bodies

	application of Part 5, Division 4 to
91
	as public entities
5
	definition, declarations, list
4, 6
	promotion of public sector values
7
	special body Heads
4, 66
	special inquiries
52-55
See also Employees

Special inquiries
47, 52-55, 60
Special Investigations Monitor
16
Special reviews See Reviews

Standard entities See Public entities

Standards

	matters in Authority's annual report regarding
74
	regarding public sector employment principles
66
	regarding reviews of actions
64
	register
72
State Coroner's Office
6, 106
State Services Authority

	acting chairperson
41, 43
	annual plan
73
	annual report
47, 74
	application of Freedom of Information Act 1982
44A
	application of Financial Management Act 1994
44B
	chairperson
37, 40, 42-44, 46
	chief executive officer
44B, 19, 41, 42
	delegation
48
	disclosure of information by
47
	establishment
37
	functions, powers (general)
45-46
	meetings
43
	membership
37-39
	performance reviews of public service body Heads
17
	reports submitted by
40, 43, 46-47, 74


	resignation, removal from office
39
	role 1

bodies with judicial, quasi-judicial functions
60
special inquiries
52-55
special reviews
56-59
statement of
49
systems reviews
50-51
	role 2
61-66
	role 3
67-68
	role 4
69-70
	role 6
71-72
	validity of acts, decisions
44
See also Public Sector Standards Commissioner

Statutory offices (def.)
4
See also Declared authorities

Systems reviews See Reviews

Teaching service

	reinstatement of MPs, unsuccessful candidates in
115, Sch. 1
Transitional provisions
116, 117, Sch. 2
Universities See Exempt bodies

Victoria Police

	Act not to apply to persons under Police Regulation Act 1958

106
	as special body
6
	Chief Commissioner as public service body Head
16
	definition
4
	employment contracts of Assistant Commissioners
25
	reinstatement of MPs, unsuccessful candidates in
115, Sch. 1
Victorian Auditor-General's Office
6, 16
Victorian Civil and Administrative Tribunal
6
Victorian Electoral Commission
6, 16

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Public Administration Act 2004
No. 108 of 2004