{"id":"sr:victorian-independent-remuneration-tribunal-and-improving-parliamentary-0","name":"Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards (Prescribed Public Entities) Regulations 2021","slug":"victorian-independent-remuneration-tribunal-and-improving-parliamentary-standards-prescribed-public-","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":185859,"registerId":"vic-sr:victorian-independent-remuneration-tribunal-and-improving-parliamentary-0-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards (Prescribed Public Entities) Regulations 2021","content":"Version No. 002\n\n**Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards (Prescribed Public Entities) Regulations 2021**\n\n**S.R. No. 164/2021**\n\nVersion incorporating amendments as at  \n12 December 2023\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Revocation 1\n\n4 Definition 1\n\n5 Prescribed public entities 2\n\n═════════════\n\nEndnotes 4\n\n1 General information 4\n\n2 Table of Amendments 6\n\n3 Explanatory details 7\n\n**Version No.** **002**\n\n**Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards (Prescribed Public Entities) Regulations 2021**\n\n**S.R. No. 164/2021**\n\nVersion incorporating amendments as at  \n12 December 2023\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe public entities for the purposes of the **Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 44 of the **Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019**.\n\n\t3 Revocation\n\nThe Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards (Prescribed Public Entities) Regulations 2019[[1]](#endnote-1) are **revoked**.\n\n\t4 Definition\n\nIn these Regulations—\n\n***the Act*** means the **Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019**.\n\n\t5 Prescribed public entities\n\n(1) For the purposes of the Act, every public entity is a prescribed public entity except for the following—\n\n(a) a public hospital, multi purpose service or public health service within the meaning of the **Health Services Act 1988**;\n\n(b) an ambulance service within the meaning of the **Ambulance Services Act 1986**;\n\n(c) the Victorian Institute for Forensic Mental Health continued under section 328 of the **Mental Health Act 2014**;\n\n(d) a school council within the meaning of the **Education and Training Reform Act 2006**;\n\nReg. 5(1)(da) inserted by S.R. No. 131/2023 reg. 3.\n\n(da) SEC Victoria Pty Ltd ACN 670 408 116;\n\nReg. 5(1)(db) inserted by S.R. No. 131/2023 reg. 3.\n\n(db) a subsidiary of SEC Victoria Pty Ltd ACN 670 408 116;\n\n(e) a committee of management (whether incorporated or unincorporated) appointed under section 14(1) or (2) of the **Crown Land (Reserves) Act 1978** that—\n\n(i) consists of members appointed under section 14(4)(a) of that Act; and\n\n(ii) has an annual income not exceeding $1 000 000.\n\n(2) For the avoidance of doubt, the Government teaching service under Part 2.4 of the **Education and Training Reform Act 2006** is not a prescribed public entity under these Regulations.\n\n**Note**\n\nA ***public entity*** is defined in section 3 of the Act to have the same meaning as it has in the **Public Administration Act 2004**.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards (Prescribed Public Entities) Regulations 2021, S.R. No. 164/2021 were made on 14 December 2021 by the Governor in Council under section 44 of the **Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019**, No. 5/2019 and came into operation on 14 December 2021.\n\nThe Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards (Prescribed Public Entities) Regulations 2021 will sunset 10 years after the day of making on 14 December 2031.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards (Prescribed Public Entities) Regulations 2021 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nVictorian Independent Remuneration Tribunal and Improving Parliamentary Standards (Prescribed Public Entities) Amendment Regulations 2023, S.R. No. 131/2023\n\n| *Date of Making:* | 12.12.23 |\n| --- | --- |\n| *Date of Commencement:* | 12.12.23 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Reg. 3: S.R. No. 65/2019. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. These Regulations replace the 2019 Regulations (Reg. 3) and maintain a broad presumption that all public entities are prescribed while carving out specified exclusions (Reg. 5). A 2023 amendment specifically added SEC Victoria Pty Ltd and its subsidiaries to the exclusions (Reg. 5(1)(da)/(db) inserted by S.R. No. 131/2023 reg. 3), thereby narrowing the set of entities covered. The Regulations also expressly note that the Government teaching service is not prescribed (Reg. 5(2))."},"complexity_factors":["Single, simple operative rule with a limited set of enumerated exclusions (Reg. 5(1))","Cross-references to multiple other Acts for meaning (Health Services Act 1988; Ambulance Services Act 1986; Mental Health Act 2014; Education and Training Reform Act 2006; Public Administration Act 2004)","Specific corporate exclusion added by amendment (SEC Victoria Pty Ltd and its subsidiaries) requiring corporate identity checks (Reg. 5(1)(da)/(db))","Revocation of earlier regulations (Reg. 3) requiring administrators to check transitional/regulatory history","Targeted quantitative threshold for one exclusion (committee of management with annual income not exceeding $1,000,000) creates a modest compliance/verification task (Reg. 5(1)(e)(ii))","Sunset clause (10-year duration) necessitates future legislative review (Endnotes: operation and sunset information)"],"plain_english_summary":"These Regulations specify which Victorian public entities are treated as \"prescribed public entities\" for the purposes of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019. They make every public entity prescribed except a short list of exclusions (for example, public hospitals, ambulance services, certain school and Crown Land bodies, SEC Victoria and its subsidiaries), revoke the 2019 Regulations, and include a 10-year sunset provision."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available text, these regulations appear to straightforwardly fulfil their intended purpose under the parent Act — designating prescribed public entities for VIRT oversight. There is no evident scope creep or departure from the original legislative intent. The regulations do exactly what the enabling Act contemplates."},"complexity_factors":["Operates as subordinate legislation (regulations) requiring understanding of the parent Act to interpret fully","Technical term 'prescribed public entity' has a specific legal meaning tied to the parent Act's definitions","Limited substantive content available in the provided text — the actual list of prescribed entities is not visible, making full analysis impossible","Interplay between remuneration tribunal determinations and individual employment arrangements adds a layer of complexity for affected workers","Minimal procedural complexity — primarily a definitional/listing instrument rather than a complex regulatory scheme"],"plain_english_summary":"These regulations identify which Victorian government bodies are \"prescribed public entities\" subject to the Independent Remuneration Tribunal’s oversight. That means the Tribunal can set and review pay and allowances for officials in those bodies, affecting public-sector employees, the agencies that employ them, and ultimately how taxpayer funds are spent."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: prescribing which public entities fall under the tribunal's jurisdiction. The 2023 amendment added SEC Victoria to the exclusion list, but this is consistent with the original function of listing exceptions rather than expanding the scope beyond its intended purpose."},"complexity_factors":["Only 5 regulations total, with 1 definition","Single operative provision (Regulation 5) containing a simple \"all except\" list structure","No nested conditional logic — exclusions are straightforward categorical exceptions","Minimal cross-referencing (only references to definitions in other Acts)","Recent amendment (December 2023) added two simple items to the exclusion list (da and db) without structural complexity"],"plain_english_summary":"**What this legislation does:**\n\nThese Regulations decide which Victorian government bodies (\"public entities\") must follow the rules set by the **Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019**. This Act created a tribunal that sets pay rates for MPs, judges, and senior public servants, and also sets rules about what \"entitlements\" (perks and benefits) these people can receive.\n\n**The simple rule:**\n- **Most** public entities are covered (\"prescribed\")\n- **Some specific ones are excluded** (listed in Regulation 5)\n\n**Who is excluded?**\nThe Regulations list specific organisations that **don't** have to follow the tribunal's rules:\n- Public hospitals and health services\n- Ambulance services\n- The Victorian Institute for Forensic Mental Health\n- School councils\n- **SEC Victoria Pty Ltd** (the new state-owned electricity company) and its subsidiaries — *added in December 2023*\n- Small volunteer committees managing Crown land (if their annual income is under $1 million)\n- The Government teaching service\n\n**Why it matters:**\nThis determines which organisations must apply the tribunal's pay and entitlement rules. The December 2023 update was particularly significant because it explicitly excluded SEC Victoria (the government's electricity company) from these requirements, meaning the tribunal doesn't set pay for its executives."}},"importantCases":[],"_links":{"self":"/api/acts/victorian-independent-remuneration-tribunal-and-improving-parliamentary-standards-prescribed-public-","history":"/api/acts/victorian-independent-remuneration-tribunal-and-improving-parliamentary-standards-prescribed-public-/history","analysis":"/api/acts/victorian-independent-remuneration-tribunal-and-improving-parliamentary-standards-prescribed-public-/analysis","conflicts":"/api/acts/victorian-independent-remuneration-tribunal-and-improving-parliamentary-standards-prescribed-public-/conflicts","importantCases":"/api/acts/victorian-independent-remuneration-tribunal-and-improving-parliamentary-standards-prescribed-public-/important-cases","documents":"/api/acts/victorian-independent-remuneration-tribunal-and-improving-parliamentary-standards-prescribed-public-/documents"}}