PUBLIC ADMINISTRATION ACT 2004 - SECT 4 Definitions

PUBLIC ADMINISTRATION ACT 2004 - SECT 4

    (1)     In this Act—

"action" includes a refusal or failure to take an action;

"Administrative Office" means a body or group existing as an Administrative Office in relation to a Department by virtue of an Order made under section 11;

Administrative Office Head means a person employed as an Administrative Office Head under section 12;

S. 4(1) def. of advertise inserted by No. 39/2017 s. 4.

"advertise "means publish by the purchase of media placement;

"advisory entity" means a public entity that does not have any function to exercise other than the provision of advice or a report to any person or body;

"appropriate public service body Head" means—

        (a)     in relation to a public service body—the public service body Head; or

        (b)     in relation to an employee—the Head of the public service body to which that employee belongs;

S. 4(1) def. of Authority repealed by No. 6/2014 s. 4(a).

    *     *     *     *     *

"board", in relation to a public entity, means—

        (a)     in the case of a public entity that has a governing body (by whatever name called), that governing body; and

        (b)     in any other case, the members of the public entity or, in the case of a Commissioner entity, the person who comprises the Commissioner entity;

S. 4(1) def. of Board of Inquiry inserted by No. 67/2014 s. 138(a).

"Board of Inquiry" has the same meaning as in the Inquiries Act 2014 ;

S. 4(1) def. of candidate inserted by No. 39/2017 s. 4.

"candidate "has the same meaning as in section 3 of the Electoral Act 2002 ;

"chairperson", in relation to a public entity other than a Commissioner entity, means the person who presides at meetings of the public entity or, in the case of a public entity that has a governing body, at meetings of that governing body;

S. 4(1) def. of Chief Executive Officer of Court Services Victoria inserted by No. 1/2014 s. 59(b).

"Chief Executive Officer of Court Services Victoria" means the person holding the office or performing the duties of the Chief Executive Officer of Court Services Victoria;

S. 4(1) def. of code of conduct amended by No. 6/2014 s. 4(b).

"code of conduct" means a code of conduct issued under section 61 ;

S. 4(1) def. of Commission inserted by No. 6/2014 s. 4(f).

"Commission" means the Victorian Public Sector Commission established under section 37;

S. 4(1) def. of Commis-sioner inserted by No. 6/2014 s. 4(f).

"Commissioner" means the Victorian Public Sector Commissioner appointed under section 43;

"Commissioner entity" means a public entity that consists of, or the governing body of which consists of, only one person;

S. 4(1) def. of corrupt conduct inserted by No. 82/2012 s. 177, amended by No. 82/2012 s. 317(a).

corrupt conduct has the meaning given in section 4 of the Independent Broad-based Anti-corruption Commission Act 2011 ;

S. 4(1) def. of Councillor inserted by No. 6/2014 s. 4(f) amended by No. 9/2020 s. 390(Sch.  1 item 81.1(a)).

"Councillor" has the same meaning as it has in section 3(1) of the Local Government Act 2020 ;

S. 4(1) def. of Court Chief Executive Officer inserted by No. 1/2014 s. 59(b).

"Court Chief Executive Officer" means a person holding the office or performing the duties of a Court Chief Executive Officer under the Court Services Victoria Act 2014 ;

S. 4(1) def. of Court Services Victoria inserted by No. 1/2014 s. 59(b).

"Court Services Victoria" means Court Services Victoria established under section 5 of the Court Services Victoria Act 2014 ;

"declared authority" means an authority specified in an Order made under section 104(2)(a);

Department means a Department existing by virtue of an Order made under section 10;

Department Head means a person employed as a Department Head under section 12;

"detrimental action" includes—

        (a)     action causing injury, loss or damage; and

        (b)     intimidation or harassment;

"director", in relation to a public entity, means a member of the board of the public entity;

S. 4(1) def. of election inserted by No. 39/2017 s. 4.

"election "has the same meaning as in section 3 of the Electoral Act 2002 ;

"employee" means a person employed under Part 3 in any capacity and includes a public service body Head;

executive means a person employed under Part 3 as a public service body Head or other executive;

S. 4(1) def. of exempt body amended by Nos 24/2006 s. 6.1.2(Sch. 7 item 33.1), 3/2012 s. 26, 1/2014 s. 59(a), 16/2016 s. 206, 9/2020 s. 390(Sch.  1 item 81.1(b)).

"exempt body" means—

        (a)     a committee established under the Parliamentary Committees Act 2003 ; or

        (b)     a Council within the meaning of the Local Government Act 2020 ; or

        (c)     a court; or

        (ca)     Court Services Victoria; or

        (cb)     the Judicial Commission of Victoria established under the Constitution Act 1975 ; or

        (d)     the Office of Public Prosecutions or the Director's Committee within the meaning of the Public Prosecutions Act 1994 ;

        (e)     a university within the meaning of the  Education and Training Reform Act 2006 ; or

        (f)     a body to which, or to the governing body of which, the government of another jurisdiction, or a person appointed or body established under the law of another jurisdiction, has the right to appoint a member, irrespective of how that right arises;

"exempt body official" means—

        (a)     a person employed by an exempt body; or

        (b)     the holder of an office in, or on the governing body of, an exempt body;

S. 4(1) def. of Formal Review inserted by No. 67/2014 s. 138(a).

"Formal Review" has the same meaning as in the Inquiries Act 2014 ;

S. 4(1) def. of IBAC inserted by No. 82/2012 s. 177, amended by No. 82/2012 s. 317(b).

"IBAC "means the Independent Broad-based Anti-corruption Commission established under section 12 of the Independent Broad-based Anti-corruption Commission Act 2011 ;

S. 4(1) def. of IBAC personnel inserted by No. 82/2012 s. 177.

"IBAC personnel" has the same meaning as it has in the Victorian Inspectorate Act 2011 ;

S. 4(1) def. of misconduct inserted by No. 27/2009 s. 3.

"misconduct" includes—

        (a)     a contravention of a provision of this Act, the regulations or a binding code of conduct;

        (b)     improper conduct in an official capacity;

        (c)     a contravention, without reasonable excuse, of a lawful direction given to the employee as an employee by a person authorised (whether under this Act or otherwise) to give the direction;

        (d)     a refusal by an employee to perform duties assigned to the employee under Part 3 or Part 7A;

        (e)     an employee making improper use of his or her position for personal gain;

        (f)     an employee making improper use of information acquired by him or her by virtue of his or her position to gain personally or for anyone else financial or other benefits or to cause detriment to the public service or the public sector;

"non-executive employee" means a person employed under Part 3 other than as an executive;

"Official Secretary" means the Head of the Administrative Office referred to in section 12(3);

S. 4(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 135.1(a)).

"police officer" has the same meaning as in the Victoria Police Act 2013 ;

S. 4(1) def. of political party inserted by No. 39/2017 s. 4.

"political party "has the same meaning as in section 3 of the Electoral Act 2002 ;

"prerogative office" means an office under the Crown (other than a statutory office) to which the right to appoint is vested in the Governor in Council;

S. 4(1) def. of prescribed office amended by No. 37/2014 s. 10(Sch. item 135.1(b)).

prescribed office means an office or body specified in section 16(1);

prescribed officer means an office-holder specified in section 16(1);

public entity has the meaning given in section 5;

"public entity Head" means chief executive officer (by whatever name called) of a public entity;

S. 4(1) def. of public official amended by Nos 20/2005 s. 52(1), 77/2008 s. 129(Sch.  2 item 20.1), 67/2014 s. 138(b).

"public official" means—

        (a)     a public sector employee;

        (b)     a person employed under Division 3 of Part 6;

        (c)     a Parliamentary officer within the meaning of the Parliamentary Administration Act 2005 ;

        (d)     the holder of a statutory office or a prerogative office;

        (e)     a director of a public entity—

but does not include—

        (f)     the Governor or the Lieutenant-Governor;

        (g)     a judge, a magistrate, a coroner or a member of VCAT;

        (h)     a responsible Minister of the Crown or a Parliamentary Secretary;

              (i)     the President of the Legislative Council or the Speaker of the Legislative Assembly;

        (j)     a Ministerial officer employed under Division 1 of Part 6;

        (k)     a commissioner of a Royal Commission;

        (l)     a member of a Board of Inquiry or Formal Review;

public sector means the sector that comprises—

        (a)     the public service; and

        (b)     public entities; and

        (c)     special bodies;

"public sector body" means—

        (a)     a public service body; or

        (b)     a public entity; or

        (c)     a special body;

"public sector body Head" means—

        (a)     in relation to a public service body, the public service body Head;

        (b)     in relation to a public entity, the public entity Head;

        (c)     in relation to a special body, the special body Head;

S. 4(1) def. of public sector communi-cation inserted by No. 39/2017 s. 4.

"public sector communication" means any information, material or message published by or on behalf of a public sector body;

"public sector employee" means—

        (a)     an employee; or

        (b)     a person employed by a public entity or special body;

"public sector employment principles" means the principles set out in section 8;

"public sector values" means the values set out in section 7 ;

public service means the public service of Victoria under Part 3;

S. 4(1) def. of public service body amended by No. 6/2014 s. 4(c).

"public service body" means—

        (a)     a Department; or

        (b)     an Administrative Office; or

        (c)     the Victorian Public Sector Commission;

S. 4(1) def. of public service body Head amended by No. 6/2014 s. 4(d).

"public service body Head" means—

        (a)     in relation to a Department—the Head of that Department; or

        (b)     in relation to an Administrative Office—the Head of that Administrative Office; or

        (c)     in relation to the Victorian Public Sector Commission—the Victorian Public Sector Commissioner;

"public service body Minister" means—

        (a)     in relation to a public service body—the Minister responsible for the public service body; or

        (b)     in relation to an employee—the Minister responsible for the public service body to which the employee belongs;

S. 4(1) def. of publish inserted by No. 39/2017 s. 4.

"publish" means disseminate to the public by any means, including by—

        (a)     publication in a book, newspaper, magazine or other written publication; or

        (b)     broadcast by radio or television; or

        (c)     public exhibition; or

        (d)     electronic communication;

S. 4(1) def. of Royal Commission inserted by No. 67/2014 s. 138(a).

"Royal Commission" means—

        (a)     a Royal Commission established under the Inquiries Act 2014 ; or

        (b)     a Royal Commission established under the prerogative of the Crown;

"small entity" means a public entity that—

        (a)     satisfies any criteria relating to assets, income or turnover prescribed for the purposes of this paragraph; or

        (b)     has no control over the expenditure of public funds—

but does not include a public entity, or a class of public entity, that is declared under section 75(c) not to be a small entity for the purposes of Part 5;

special body has the meaning given in section 6;

"special body Head" means chief executive officer (by whatever name called) of a special body;

S. 4(1) def. of standard amended by No. 6/2014 s. 4(e).

"standard" means standard issued under section 62(1);

S. 4(1) def. of standard entity amended by No. 20/2005 s. 47.

"standard entity" means a public entity other than—

        (a)     an advisory entity; or

    *     *     *     *     *

        (c)     except in section 95, a public entity that exercises functions that are of a quasi-judicial nature; or

        (d)     a small entity;

statutory office means an office established by or under an Act to which the right to appoint is vested in the Governor in Council or a Minister;

S. 4(1) def. of Tribunal inserted by No. 5/2019 s. 63.

Tribunal means the Victorian Independent Remuneration Tribunal established under section 4 of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019 ;

S. 4(1) def. of Victoria Police substituted by No. 37/2014 s. 10(Sch. item 135.1(c)).

"Victoria Police" has the same meaning as in the Victoria Police Act 2013 .

    (2)     In this Act—

        (a)     a reference to a function includes a reference to a power, authority and duty; and

        (b)     a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

    (3)     A reference in this Act to the Minister responsible for a public service body or a public entity is a reference to the Minister responsible for the relevant part of that body or entity if, for the time being, different Ministers are responsible for different parts of that body or entity.