Any process, review or inquiry begun under the former Act but not completed at the commencement day may be continued and completed in accordance with that Act.
10 Compulsory retirement
Any action begun under section 34 of the former Act in relation to an employee but not completed at the commencement day may be continued and completed in accordance with that Act.
11 Leave
The repeal of the Public Sector Reform (Miscellaneous Amendments) Act 1998 does not affect the continued application, by force of clause 11 of Schedule 2 to that Act, of Schedule 4 to the Public Sector Management Act 1992, as in force immediately before the commencement day within the meaning of that Schedule 2 to that Act, to officers of the Parliament as defined in the Parliamentary Officers Act 1975 as if references in that Schedule to the appropriate Department Head were references to the relevant authority as defined in that Act.
12 Continuing application of repealed provision
Clause 1(c) of Schedule 1 to the Employee Relations Act 1992 as continued in effect by the Workplace Relations Act 1996 of the Commonwealth applies in relation to employees, Ministerial officers, Parliamentary advisers and judicial employees as if any reference to an award were a reference to a provision referred to in clause 22(1) of Schedule 6 to the Public Sector Management Act 1992.
Sch. 2 cl. 13 inserted by No. 80/2006 s. 14.
13 Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006
The amendment of this Act made by section 12 of the Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006 does not affect any contract or arrangement for the supply of goods or services, or for the management or disposal of goods, entered into by the Authority before the commencement of that section.
Sch. 2 cl. 14 inserted by No. 27/2009 s. 15.
14 Public Administration Amendment Act 2009
Any instrument of delegation of a power under section 20(2) existing immediately before the commencement of section 4 of the Public Administration Amendment Act 2009 continues in effect after that commencement as if the delegation of the power referred to section 20(1).
Sch. 2 cl. 15 inserted by No. 3/2012 s. 31.
15 Public Prosecutions Amendment Act 2012
Despite the amendments made to this Act by section 30 of the Public Prosecutions Amendment Act 2012, this Act continues to apply to a person who was an Associate Crown Prosecutor immediately before the commencement of that section as if the amendments had not been made for the remainder of the term of appointment of that person.
Sch. 2 cl. 16 inserted by No. 67/2014 s. 145.
16 Inquiries Act 2014
(1) Sections 57 and 58, as substituted by section 142 of the Inquiries Act 2014, and Division 4A of Part 4 as inserted by section 144 of that Act, apply to an inquiry under Division 4 of Part 4 that begins on or after the commencement of section 142 of that Act.
(2) Sections 57 and 58, as in force immediately before the commencement of section 142 of the Inquiries Act 2014 continue to apply to an inquiry under Division 4 of Part 4 that was begun but not completed before the commencement of that section.
Sch. 3 amended by No. 20/2005 s. 50, repealed by No. 80/2006 s. 24(6), new Sch. 3 inserted by No. 6/2014 s. 13.
commencement day means the day on which Part 2 of the Public Administration Amendment (Public Sector Improvement) Act 2014 comes into operation;
new Part 4 means Part 4 of this Act as in force on and after the commencement day;
repealed Part 4 means Part 4 of this Act as in force immediately before the commencement day.
2 General transitional provisions
(1) Unless the contrary intention appears, this Schedule does not affect or take away from the Interpretation of Legislation Act 1984.
(2) If a provision of this Act, as in force before the commencement day, continues to apply by force of this Schedule, any other provision of this Act as in force at that time necessary to give effect to that continued provision also continues to apply in relation to that provision.
3 State Services Authority abolished
On the commencement day—
(a) the State Services Authority is abolished; and
(b) a person holding any of the following offices under the repealed Part 4, whether substantively or in an acting capacity, ceases to hold that office—
(i) the chairperson of the State Services Authority;
(ii) the Public Sector Standards Commissioner;
(iii) any other member of the State Services Authority.
4 References to the State Services Authority etc.
On and after the commencement day, in any Act, subordinate legislation, order, agreement, instrument, deed or other document—
(a) a reference to the State Services Authority is to be read as a reference to the Victorian Public Sector Commission; and
(b) a reference to the chairperson of the State Services Authority, the Public Sector Standards Commissioner or any other member of the State Services Authority is to be read as a reference to the Victorian Public Sector Commissioner; and
(c) a reference to the chief executive officer acting on behalf of the State Services Authority is to be read as a reference to the Victorian Public Sector Commissioner.
5 Person employed by State Services Authority
On the commencement day, a person employed by the State Services Authority under Part 3 immediately before the commencement day is taken to be employed by the Victorian Public Sector Commission under Part 3 with the same classification and remuneration and subject to the same industrial award or agreement or contract of employment, and with the same rights to leave of absence and accrued or accruing entitlements as applied to the person on his or her employment immediately before that day.
6 Transfer of records, information and documents
All information, documents, reports and records held by the State Services Authority immediately before the commencement day—
(a) are transferred to the Victorian Public Sector Commission on the commencement day; and
(b) may be used and relied upon in any review, inquiry or other work continued or commenced by the Victorian Public Sector Commission under this Act.
7 Codes of conduct and standards
(1) On and after the commencement day, a code of conduct issued by the Public Sector Standards Commissioner under section 63 of the repealed Part 4 that is in force immediately before the commencement day is taken to have been issued by the Victorian Public Sector Commission under section 61 of the new Part 4 and continues to apply to the class or classes of persons to whom it applied immediately before the commencement day.
(2) On and after the commencement day, a standard issued by the Public Sector Standards Commissioner under section 64(5) or 66(2) of the repealed Part 4 that is in force immediately before the commencement day is taken to have been issued by the Victorian Public Sector Commission under section 62 of the new Part 4 and continues to apply to the class or classes of persons to whom it applied immediately before the commencement day.
8 Performance review of public service body Head
A review of the performance of a public service body Head conducted by the State Services Authority under section 17 that is not completed before the commencement day must be continued on and after that day by the Victorian Public Sector Commission under that section.
9 Systems reviews
(1) Despite the repeal of the repealed Part 4—
(a) a systems review conducted by the State Services Authority under section 50 of the repealed Part 4 at the request of a Minister or a public service body Head that is not completed before the commencement day may be continued under that section on and after that day by the Victorian Public Sector Commission; and
(b) a systems review conducted by the State Services Authority under section 50 of the repealed Part 4 required by the Premier that is not completed before the commencement day must be continued under that section on and after that day by the Victorian Public Sector Commission.
(2) If the Victorian Public Sector Commission conducts a systems review referred to in subclause (1), section 51 of the repealed Part 4 applies to the systems review as if a reference in that section to the Authority were a reference to the Victorian Public Sector Commission.
10 Special inquiries and special review
(1) A special inquiry conducted by the State Services Authority under section 52 of the repealed Part 4 or a special review conducted by the State Services Authority under section 56 of the repealed Part 4 that is not completed before the commencement day must be continued on and after that day by the Victorian Public Sector Commission as an inquiry under Division 4 of the new Part 4.
(2) A power exercised under section 53 or 57 of the repealed Part 4 in relation to a special inquiry or special review referred to in subclause (1) is, on and after the commencement day, taken to have been exercised under section 57 of the new Part 4.
(3) A direction as to procedure given under section 54(3) or 58(3) of the repealed Part 4 in relation to a special inquiry or special review referred to in subclause (1) is, on and after the commencement day, taken to have been given under section 58(3) of the new Part 4.
(4) A report prepared in relation to a special inquiry or a special review under section 55 or 59 of the repealed Part 4 and any recommendations contained in the report is, on and after the commencement day, taken to have been prepared under section 59 of the new Part 4 and has effect accordingly.
11 Review of actions
(1) A review of an employment related action conducted under section 64 of the repealed Part 4 that is not completed before the commencement day must be continued on and after that day under Division 4 of the new Part 4 by—
(a) in the case of a review conducted by the Public Sector Standards Commissioner—the Victorian Public Sector Commissioner; and
(b) in the case of a review conducted by any other person or body—by that person or body.
(2) A recommendation made in a report under section 65 of the repealed Part 4 is, on and after the commencement day, taken to have been made under section 65 of the new Part 4 and has effect accordingly.
12 Requirement to provide information
(1) On and after the commencement day, a requirement under section 66(5) of the repealed Part 4 for a public service body Head or a public entity Head to provide information to the Public Sector Standards Commissioner, is taken to be a requirement under section 41(2) of the new Part 4 to provide that information to the Victorian Public Sector Commission.
(2) On and after the commencement day, a requirement under section 66(6) of the repealed Part 4 for a special body Head to provide information to the Public Sector Standards Commissioner, is taken to be a requirement under section 41(2) of the new Part 4 to provide that information to the Victorian Public Sector Commission.
(3) Unless the Commission specifies otherwise, information referred to in subclause (1) or (2) must be provided to the Commission in the time and manner specified by the Public Sector Standards Commissioner under section 66(5) or (6) (as the case may be) of the repealed Part 4.
13 Recommendation to change or introduce processes
On and after the commencement day, a recommendation by the Public Sector Standards Commissioner made to a public service body Head or a public entity Head under section 66(7) of the repealed Part 4 is taken to have been made by the Victorian Public Sector Commission under section 63(1) of the new Part 4 and has effect accordingly.
Sch. 3 cl. 14 (Heading) amended by No. 21/2015 s. 3(Sch. 1 item 42.2).
14 Other work of State Services Authority
Work undertaken by the State Services Authority that is not completed before the commencement day may be continued on and after that day by the Victorian Public Sector Commission.
15 Register of instruments
On and from the commencement day, the register of instruments kept under section 72 of the repealed Part 4 is taken to be the register of instruments maintained under section 67 of the new Part 4.
16 First annual report
The Victorian Public Sector Commission must include in its first report under Part 7 of the Financial Management Act 1994 a report on the operation of the State Services Authority under the repealed Part 4 during the relevant part of the financial year.
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative 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.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act 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.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Public Administration Act 2004 by Acts and subordinate instruments.
| Commencement Date: | Ss 18, 19 on 11.12.08: s. 2(1) |
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 |
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 |
Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009
| Assent Date: | 24.11.09 |
| Commencement Date: | S. 54(Sch. Pt 1 item 46), (Sch. Pt 2 item 39) on 1.1.10: s. 2(2) |
Equal Opportunity Act 2010, No. 16/2010
| Assent Date: | 27.4.10 |
| Commencement Date: | S. 209(Sch. item 6) on 1.8.11: s. 2(4) |
Transport Legislation Amendment (Taxi Services Reform and Other Matters) Act 2011, No. 34/2011
| Assent Date: | 5.7.11 |
| Commencement Date: | S. 102 on 19.7.11: Special Gazette (No. 236) 19.7.11 p. 1 |
Road Safety Camera Commissioner Act 2011, No. 47/2011
| Assent Date: | 22.9.11 |
| Commencement Date: | S. 24 on 12.10.11: Special Gazette (No. 313) 4.10.11 p. 1 (see Erratum: Special Gazette (No. 315) 4.10.11 p. 1) |
| Assent Date: | 25.6.19 |
| Commencement Date: | S. 268 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1 |
Local Government Act 2020, No. 9/2020
| Assent Date: | 24.3.20 |
| Commencement Date: | S. 390(Sch. 1 item 81.1) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 item 81.2) on 24.10.20: s. 2(3)(f) |
Wage Theft Act 2020, No. 21/2020
| Assent Date: | 23.6.20 |
| Commencement Date: | S. 99 on 1.7.21: s. 2(2) |
Cladding Safety Victoria Act 2020, No. 31/2020
| Assent Date: | 4.11.20 |
| Commencement Date: | S. 59 on 1.12.20: Special Gazette (No. 624) 1.12.20 p. 1 |
Social Services Regulation Act 2021, No. 37/2021 (as amended by No. 40/2022)
| Assent Date: | 21.9.21 |
| Commencement Date: | S. 397 on 1.7.24: s. 2(2) |
Suburban Rail Loop Act 2021, No. 43/2021
| Assent Date: | 19.10.21 |
| Commencement Date: | S. 219(Sch. 1 item 10) on 1.12.21: Special Gazette (No. 649) 23.11.21 p. 1 |
Special Investigator Act 2021, No. 50/2021
| Assent Date: | 30.11.21 |
| Commencement Date: | Ss 142, 143 on 1.12.21: s. 2 |
Victorian Collaborative Centre for Mental Health and Wellbeing Act 2021, No. 51/2021
| Assent Date: | 30.11.21 |
| Commencement Date: | S. 40 on 1.9.22: Special Gazette (No. 422) 23.8.22 p. 1 |
Public Health and Wellbeing Amendment (Pandemic Management) Act 2021, No. 53/2021
| Assent Date: | 7.12.21 |
| Commencement Date: | Ss 33, 34 on 8.12.21: s. 2(1) |
Education Legislation Amendment (Adult and Community Education and Other Matters) Act 2022, No. 32/2022
| Assent Date: | 23.8.22 |
| Commencement Date: | S. 64 on 24.5.23: s. 2(3) |
Mental Health and Wellbeing Act 2022, No. 39/2022
| Assent Date: | 6.9.22 |
| Commencement Date: | Ss 856, 857 on 1.9.23: s. 2(2) |
Special Investigator Repeal Act 2023, No. 31/2023
| Assent Date: | 8.11.23 |
| Commencement Date: | Ss 66, 67 on 2.2.24: Special Gazette (No. 687) 19.12.23 p. 1 |
Transport Legislation Amendment Act 2023, No. 34/2023
| Assent Date: | 21.11.23 |
| Commencement Date: | S. 127(Sch. 1 item 10) on 22.11.23: s. 2(1) |
Parliamentary Workplace Standards and Integrity Act 2024, No. 27/2024
| Assent Date: | 20.8.24 |
| Commencement Date: | Ss 144–147 on 31.12.24: s. 2(2) |
Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024
| Assent Date: | 10.9.24 |
| Commencement Date: | S. 113(Sch. 1 item 27) on 10.2.25: Special Gazette (No. 648) 26.11.24 p. 1 |
Victorian Institute of Forensic Medicine Act 2024, No. 34/2024
| Assent Date: | 17.9.24 |
| Commencement Date: | S. 55 on 1.7.25: s. 2(2) |
Wage Theft Amendment Act 2025, No. 35/2025
| Assent Date: | 2.9.25 |
| Commencement Date: | S. 89 on 12.12.25: Special Gazette (No. 689) 9.12.25 p. 1 |
Victorian Early Childhood Regulatory Authority Act 2025, No. 49/2025
| Assent Date: | 25.11.25 |
| Commencement Date: | S. 59 on 1.1.26: Special Gazette (No. 672) 2.12.25 p. 1 |
Entities Legislation Amendment (Consolidation and Other Matters) Act 2026, No. 11/2026
| Assent Date: | 31.3.26 |
| Commencement Date: | Ss 89–92, 99 on 1.4.26: s. 2(1) |