16Persons with functions of public service body Head

16 Persons with functions of public service body Head S. 16(1) amended by No. 37/2014 s. 10(Sch. item 135.2(a)(i)). (1) Despite anything to the contrary in this Act, the following office holders have all the functions of a public service body Head in relation to employees in the following offices or bodies— S. 16(1)(aa) inserted by No. 27/2024 s. 146. (aa) the Chair (within the meaning of the **Parliamentary Workplace Standards and Integrity Act 2024**) in relation to the Parliamentary Workplace Standards and Integrity Commission; (a) the Auditor-General in relation to the Victorian Auditor-General's Office; (b) the Chairperson within the meaning of the **Essential Services Commission Act 2001** in relation to the office of the Essential Services Commission; S. 16(1)(baa) inserted by No. 41/2018 s. 29. (baa) the chairperson of the Board of the Family Violence Prevention Agency within the meaning of the **Prevention of Family Violence Act 2018** in relation to the Family Violence Prevention Agency; S. 16(1)(baab) inserted by No. 43/2021 s. 219(Sch. 1 item 10). (baab) the chairperson within the meaning of the **Suburban Rail Loop Act 2021** in relation to the Suburban Rail Loop Authority; S. 16(1)(ba) inserted by No. 34/2011 s. 102, amended by No. 63/2017 s. 21(Sch. 1 item 7), repealed by No. 34/2023 s. 127(Sch. 1 item 10). S. 16(1)(c) amended by No. 37/2014 s. 10(Sch. item 135.2(a)(ii)). (c) the Chief Commissioner of Police in relation to Victoria Police; Note to s. 16(1)(c) inserted by No. 37/2014 s. 10(Sch. item 135.2(a)(iii)). Section 106(i) provides that this Act (except to the extent it expressly provides otherwise) does not apply to a police officer, police reservist, police recruit or protective services officer under the **Victoria Police Act 2013**. S. 16(1)(ca) inserted by No. 66/2011 s. 43(2). (ca) the Chief Executive Officer of the IBAC in relation to the office of the IBAC within the meaning of the **Independent Broad-based Anti-corruption Commission Act 2011**; (d) the Commissioner for Environmental Sustainability in relation to the office of the Commissioner under the **Commissioner for Environmental Sustainability Act 2003**; S. 16(1)(e) repealed by No. 82/2012 s. 165(2)(a), new s. 16(1)(e) inserted by No. 51/2017 s. 45. (e) the Chairperson in relation to the Environment Protection Authority within the meaning of the **Environment Protection** **Act 2017**; (f) the Electoral Commissioner in relation to the office of the Victorian Electoral Commission; S. 16(1)(faa) inserted by No. 81/2012 s. 115(1), repealed by No. 81/2012 s. 115(2). S. 16(1)(fa) inserted by No. 30/2005 s. 11(1), repealed by No. 30/2005 s. 11(2), new s. 16(1)(fa) inserted by No. 70/2011 s. 47(2), amended by No. 31/2024 s. 113(Sch. 1 item 27.3). (fa) the Chief Integrity Inspector in relation to Integrity Oversight Victoria within the meaning of the **Integrity Oversight Victoria Act 2011**; S. 16(1)(fb) inserted by No. 21/2020 s. 99, substituted by No. 35/2025 s. 89. (fb) the Commissioner of the Workforce Inspectorate Victoria in relation to the Workforce Inspectorate Victoria within the meaning of the **Workforce Inspectorate Victoria Act 2020**; S. 16(1)(fc) inserted by No. 50/2021 s. 143, repealed by No. 31/2023 s. 67. S. 16(1)(g) substituted by No. 108/2004 s. 117(2), amended by No. 17/2014 s. 160(Sch. 2 item 78). (g) the Victorian Legal Services Commissioner in relation to the office of the Victorian Legal Services Commissioner; (h) the Ombudsman in relation to the office of the Ombudsman; S. 16(1)(i) substituted by Nos 60/2014 s. 140(Sch. 3 item 38.2), 20/2017 s. 134(Sch. 1 item 15.2(a)). (i) the Information Commissioner in relation to the Office of the Victorian Information Commissioner; S. 16(1)(ia) inserted by No. 6/2012 s. 51, repealed by No. 20/2017 s. 134(Sch. 1 item 15.2(b)). S. 16(1)(j) substituted by No. 3/2012 s. 27. (j) the Solicitor for Public Prosecutions in relation to Associate Crown Prosecutors appointed under section 37 of the **Public Prosecutions Act 1994** and the Office of Public Prosecutions; S. 16(1)(ja) inserted by No. 38/2015 s. 48. (ja) the chairperson of Infrastructure Victoria in relation to the office of Infrastructure Victoria within the meaning of the **Infrastructure Victoria Act 2015**; S. 16(1)(k) repealed by No. 82/2012 s. 165(2)(b), new s. 16(1)(k) inserted by No. 31/2020 s. 59. (k) the chairperson within the meaning of the **Cladding Safety Victoria Act 2020** in relation to Cladding Safety Victoria; S. 16(1)(ka) inserted by No. 47/2011 s. 24, repealed by No. 11/2026 s. 99. S. 16(1)(kb) inserted by No. 79/2012 s. 83(2). (kb) the Principal Commissioner within the meaning of the **Commission for Children and Young People Act 2012** in relation to the office of the Commission for Children and Young People; S. 16(1)(kc) inserted by No. 24/2014 s. 81, amended by No. 48/2016 s. 13. (kc) the chief executive officer within the meaning of Division 3 of Part 2 of the **Game Management Authority Act 2014** in relation to the office of the Game Management Authority; S. 16(1)(kd) inserted by No. 68/2016 s. 170. (kd) the chief executive officer of the Victorian Fisheries Authority within the meaning of the **Victorian Fisheries Authority Act 2016** in relation to the office of the Victorian Fisheries Authority; S. 16(1)(ke) inserted by No. 44/2018 s. 80. (ke) the chairperson within the meaning of the **Long Service Benefits Portability Act 2018** in relation to the Portable Long Service Benefits Authority; S. 16(1)(kf) inserted by No. 19/2019 s. 268. (kf) the Victorian Disability Worker Commissioner in relation to the office of the Commissioner under the **Disability Service Safeguards Act 2018**; S. 16(1)(kg) inserted by No. 37/2021 s. 397. (kg) the Social Services Regulator appointed under section 4 of the **Social Services Regulation Act 2021** in relation to the Office of the Social Services Regulator; S. 16(1)(kh) inserted by No. 49/2025 s. 59. (kh) the Early Childhood Regulator appointed under section 10 of the **Victorian Early Childhood Regulatory Authority Act 2025** in relation to the Victorian Early Childhood Regulatory Authority; S. 16(1)(l) amended by No. 25/2018 s. 120(1)(a). (l) the office holder specified, in relation to the office specified, in an Order made under subsection (3) for the purposes of this paragraph; S. 16(1)(m) inserted by No. 25/2018 s. 120(1)(b), amended by No. 51/2021 s. 40(1). (m) the Labour Hire Licensing Commissioner within the meaning of the **Labour Hire Licensing Act 2018** in relation to the office of the Labour Hire Licensing Authority; S. 16(1)(n) inserted by No. 51/2021 s. 40(2), substituted by No. 39/2022 s. 857. (n) the chairperson (within the meaning of the **Mental Health and Wellbeing Act 2022**) in relation to the Victorian Collaborative Centre for Mental Health and Wellbeing; S. 16(1)(o) inserted by No. 39/2022 s. 857, amended by No. 34/2024 s. 55(1). (o) the Chair of the Mental Health and Wellbeing Commission within the meaning of the **Mental Health and Wellbeing Act 2022** in relation to the Mental Health and Wellbeing Commission; S. 16(1)(p) inserted by No. 34/2024 s. 55(2). (p) the chairperson within the meaning of the **Victorian Institute of Forensic Medicine Act 2024** in relation to the Victorian Institute of Forensic Medicine. S. 16(2) amended by No. 37/2014 s. 10(Sch. item 135.2(b)(i)). (2) This Act (except section 17) applies to an office or body specified in subsection (1) or an office specified in an Order under subsection (3) as if any reference in this Act to— S. 16(2)(a) amended by No. 37/2014 s. 10(Sch. item 135.2(b)(ii)). (a) a public service body or the public service were a reference to that office or body; and S. 16(2)(b) amended by No. 37/2014 s. 10(Sch. item 135.2(b)(ii)). (b) an employee were a reference to an employee in that office or body; and S. 16(2)(c) amended by No. 37/2014 s. 10(Sch. item 135.2(b)(ii)). (c) an executive were a reference to a person employed in that office or body as an executive; and S. 16(2)(d) amended by No. 37/2014 s. 10(Sch. item 135.2(b)(ii)). (d) a public service body Head were a reference to the office holder specified in relation to that office or body in that subsection or Order. (3) The Governor in Council may, by Order published in the Government Gazette, specify for the purposes of paragraph (l) of subsection (1) an office holder and an office in relation to that office holder.