Victorian Consolidated Legislation

Public Administration Act 2004 - SECT 4

Definitions

4. Definitions



(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; 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; Authority means State Services Authority;
        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; 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; code of conduct means a code
        of conduct issued under section 63; Commissioner entity means a public
        entity that consists of, or the governing body of which consists of,
        only one person;

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;

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; 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 1989; or

   (c)  a court; or

   (d)  the Office of Public Prosecutions or the Committee for Public
        Prosecutions; or

   (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; 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);

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;

prescribed office means an office 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; 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 appointed under the Coroners Act 1985
        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; 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;

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;

public service body means-

   (a)  a Department; or

   (b)  an Administrative Office; or

   (c)  the State Services Authority;

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 State Services Authority-the chief executive
        officer of that Authority;

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; 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; standard means standard issued under section 64(5) or 66(2);
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; Victoria
Police has the same meaning as the force has in the
Police Regulation Act 1958.

(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.