Regional Development Victoria Act 2002

The Act deploys a few recurring legal and administrative instruments to achieve its aims. Understanding those concepts and how they operate together is essential.

Regional Development Victoria (RDV)

• RDV is not a board or corporate body; it is a body comprising the Chief Executive and public servants seconded, transferred or assigned there under the Public Administration Act 2004 (s 4(2)). The Chief Executive holds the statutory powers and duties of RDV (s 7(1)).
• RDV’s statutory functions are broad and operationally framed: facilitating investment, business growth, job creation, infrastructure proposals, coordinated delivery of government programs, consultation, promotion and advising the Minister (s 5(1)(a)-(j), (k)-(l) capture ministerial directions and other Acts).

Chief Executive and accountability

• Governor in Council appoints the Chief Executive for up to three years, with reappointment permitted; Governor in Council may set terms, remuneration and remove for neglect, inefficiency or misbehaviour (s 6).
• The Chief Executive must advise the Minister on policy and implementation and is responsible to the Secretary of the Department of Jobs, Skills, Industry and Regions for general conduct and management of RDV functions and activities (s 7(2), (4)). This sets an administrative reporting line to the department while preserving ministerial direction powers.

Ministerial directions and delegation

• The Minister may give written directions to RDV and the Chief Executive about performance of RDV’s functions (s 10). Section 7(3) and s 10 indicate the Minister may direct the Chief Executive to exercise functions in relation to particular municipal districts listed in Schedule 1 or 2.
• The Chief Executive can delegate powers (except the power to delegate) to public servants (s 8). The Minister may delegate authorisation powers for payments from the RJIF to the Chief Executive or to a public servant by instrument (s 18).

Regional Development Advisory Committee (RDAC)

• RDAC is advisory, not executive. Its functions are advisory, research and consultative and it may act only as directed or approved by the Minister (s 12(1), (2)). Membership composition rules require a majority from rural and regional Victoria and at least one member from each region listed in Schedule 2 (s 11(3)(a)-(b)).

Regional Jobs and Infrastructure Fund (RJIF)

• The RJIF is an account within the Public Account as part of the Trust Fund, the repository for appropriated funds, investment returns and any other money for its purposes (s 15-16).
• Permitted uses are specified (infrastructure, strengthening economic/social/environmental community base, job creation, support for project planning, and ministerially determined projects) (s 17(1)). Payments require Ministerial or Minister and Treasurer authorisation depending on monetary thresholds (s 17(2)).
• The Fund may also be used to pay administrative and monitoring costs connected with Part 3 and Part 4 (s 17(3)).

Geographic scope and regulation

• “Rural and regional Victoria” is defined by reference to municipal districts of councils in Schedule 2 and alpine resorts under the Alpine Resorts Act 1983; regulations can add other geographical areas in prescribed circumstances (s 3(1), (2) and s 19(a)). Schedule 2 lists the named regions and municipal councils that constitute the baseline geographic scope.

Transitional continuity

• The Act carries across money, property, rights and obligations from the abolished Regional Growth Fund to the RJIF, treats prior references to the Regional Growth Fund as RJIF references for future matters, and preserves existing authorisations and agreements (s 20(1)-(5)).

Together these concepts create an administrative architecture where ministerial and departmental direction control an agency whose chief executive manages a dedicated public fund subject to specified authorisation thresholds and reporting. The Act creates administrative entitlements for the Minister and executive to decide funding and priorities; it creates no private entitlements or statutory right to funding for applicants.

The Act’s principal stakeholders are public sector actors, Councils named in the Schedules, and potential RJIF applicants or beneficiaries. Who pays, who decides and what behaviour changes follow from the statutory design.

Who decides

• The Minister holds primary decision authority for directions to RDV (s 10) and for authorising payments from the RJIF up to $5,000,000 (s 17(2)(a)); payments of $5,000,000 or more require joint authorisation by the Minister and the Treasurer (s 17(2)(b)). The Governor in Council appoints and may remove the Chief Executive and RDAC members (ss 6(2), 11(2)). The Chief Executive is the operational decision‑maker for exercise of RDV’s powers and may further delegate to public servants (ss 7(1), 8).
• The Minister may delegate RJIF payment authorisation by instrument to the Chief Executive or a public servant (s 18), moving some financial decision‑making out of the Minister’s direct hands where delegated.

Who pays

• Parliament funds the RJIF via appropriation (s 16(a)). The Fund also receives investment returns and other monies (s 16(b)-(c)). RDV may use the Fund to pay administration and monitoring costs associated with its statutory parts (s 17(3)), so Fund recipients co‑exist with the Fund’s internal operating costs.

Who is subject to duties or requests

• Public entities and public servants: RDV may request assistance or information from any public entity (s 5(3)(a)); the Act gives RDV a power to request but does not create an express statutory compulsion on other agencies. Persons employed under the Public Administration Act 2004 may be seconded, transferred or assigned to RDV (s 4(2)), and the Chief Executive may delegate to such persons (s 8).
• Councils and local places: Schedule 2 enumerates municipal councils and alpine resorts which are the statutory baseline for “rural and regional Victoria” (s 3(1)). The selection of regions and municipal districts determines where RDV’s statutory functions can be exercised directly under ministerial directions (see s 7(3) and s 10(2)).
• Applicants and communities: Individuals, businesses and local governments seeking RJIF money are affected by the discretionary authorisation model. The Act provides no statutory entitlement to funding, but contemplates grants and project payments as RJIF uses (s 17(1)).

Behavioural effects

• Ministerial control over directions and funding authorisations concentrates policy and funding decisions with the Minister and Treasurer at specified thresholds (ss 10, 17(2)). The Chief Executive and RDV staff implement policy and operational decisions; delegation provisions (ss 8, 18) permit operationalisation within the public service.
• Councils and regional actors will interact with RDV for consultation, project planning support, and potential funding. RDAC’s composition requirement (s 11(3)) shapes the advisory voice to favour regional representation.

Indirectly affected parties

• Other government departments and agencies: RDV’s power to request assistance and information (s 5(3)(a)) and the reporting arrangements (s 10A) create expectations of co‑operation and reporting flows.
• Entities with existing arrangements under the Regional Growth Fund: transitional provisions (s 20) treat previous agreements and authorisations as RJIF agreements and authorisations for future matters, so existing recipients remain affected but with continuity preserved.

What the Act does not do

• The Act does not create statutory rights for private actors to RJIF grants. It does not create criminal penalties, regulatory licences, or private law causes of action against RDV. It does not confer power to compulsorily take private property or override other Acts except where expressly provided.

In sum, the Act primarily affects public sector decision makers (Minister, Treasurer, Governor in Council, Chief Executive), regional councils specified in the Schedules, and prospective RJIF beneficiaries who operate within a discretionary grant and project funding regime.

The Act allocates a set of duties, powers and reporting rights across the Minister, the Chief Executive, RDV and the Regional Development Advisory Committee. Below are the operative legal obligations and entitlements drawn directly from the text.

Duties and powers of Regional Development Victoria

• RDV is statutorily obliged to perform the functions listed in s 5(1) which are operational duties: facilitating investment, business growth, job creation, proposing infrastructure opportunities, coordinating government programs, consulting with stakeholders, administering the RJIF, promoting rural and regional Victoria, reporting to the Minister on the state of rural and regional Victoria (s 5(1)(a)-(i)). The list also includes any function the Minister directs in writing (s 5(1)(k)) and any function under this or another Act (s 5(1)(l)). The function list is therefore a combination of mandatory duties and ministerially directed duties.
• RDV has power to do all things necessary or convenient to perform its functions (s 5(2)), including requesting assistance/information from public entities and engaging consultants (s 5(3)(a)-(b). The text authorises engagement but stops short of compulsory powers to force private sector compliance.

Chief Executive

• The Chief Executive has all the functions and may exercise all powers of RDV (s 7(1)). The Chief Executive must advise the Minister about development and implementation of economic and community development policy for rural and regional Victoria (s 7(2)). The Chief Executive is accountable to the Secretary to the Department of Jobs, Skills, Industry and Regions for general conduct and management and must advise the Secretary in all matters relating to that conduct and management (s 7(4)). These provisions place dual obligations: to the Minister for policy advice and to the departmental Secretary for management accountability.

Minister

• The Minister may give written directions to RDV and the Chief Executive about performance of functions (s 10(1)). The Minister may issue directions that extend RDV’s functions and powers in relation to municipal districts listed in Schedules 1 or 2 (s 10(2) and s 7(3)). The Minister also has the power to authorise RJIF payments (s 17(2)) and may delegate that authorisation to the Chief Executive or a public servant (s 18).

Regional Development Advisory Committee (RDAC)

• RDAC’s functions are advisory and consultative: advising the Minister on policies, projects and issues, undertaking research and consultation, and undertaking other activities as directed by the Minister (s 12(1)). RDAC may exercise its functions in (1)(a)-(c) only as directed or with the Minister’s approval (s 12(2)). Members have appointment terms of up to 4 years, are eligible for re‑appointment, and are entitled to remuneration fixed by Governor in Council on the Minister’s recommendation (s 13).

Financial duties and limits

• The RJIF receives funds appropriated by Parliament and other identified money sources (s 16). Payments from the RJIF must be for permitted purposes set out at s 17(1). No payment can be made without the authorisation of the Minister for amounts less than $5,000,000 or of the Minister and Treasurer for amounts of $5,000,000 or more (s 17(2)). The RJIF may be used to fund administration and monitoring costs of Part 3 and Part 4 (s 17(3)). The Minister may delegate the authorisation power by instrument (s 18).

Reporting duties

• RDV must submit a report to the Minister within three months after the end of each financial year as if it were an annual report under Part 7 of the Financial Management Act 1994 (s 10A(1)). The Minister must cause that report to be laid before each House of Parliament by 31 October or on the first sitting day after 31 October (s 10A(2)). These provisions create an annual parliamentary reporting duty.

Appointment and removal rights and duties

• The Governor in Council appoints and may remove the Chief Executive (s 6(2), (7)); the Chief Executive can resign in writing (s 6(8)). The Governor in Council appoints RDAC members on Ministerial recommendation (s 11(2)), and may remove members (s 13(5)). The Minister must ensure that RDAC membership has regional representation and appropriate skills (s 11(3)).

Rights granted (or not granted)

• RDV and the Chief Executive have the right to exercise functions and powers conferred by this Act; RDAC has the right to advise the Minister. Individuals or entities outside government have no express statutory right to RJIF payments or to compel RDV to act. Existing arrangements under the Regional Growth Fund are preserved by s 20, so prior recipients retain continuity of authorisations and agreements as to their ongoing effect where they relate to matters on or after the commencement day.

Limitations and qualifications

• The Act confines how payments from the RJIF are authorised (s 17(2)) and allows the Minister to delegate (s 18). RDAC may act only as directed or with approval (s 12(2)). RDV’s functions include those the Minister directs in writing (s 5(1)(k)), creating an explicit channel by which ministerial priorities can alter RDV duties.

Overall, the Act allocates administrative duties and oversight responsibilities, concentrates grant and funding authorisation with the Minister and Treasurer at monetary thresholds, and builds annual parliamentary reporting into RDV’s governance framework. The Act does not establish private entitlements to RJIF funds.

The Act does not create new criminal offences or civil penalty regimes. Enforcement and corrective mechanisms are administrative, embedded in appointment, reporting and authorisation processes. The specific enforcement‑style provisions are administrative in nature and concern leadership accountability, ministerial direction and parliamentary oversight.

Key enforcement or corrective provisions

• Removal of Chief Executive: the Governor in Council may remove the Chief Executive from office for refusal, neglect or failure to carry out duties or for demonstrated inefficiency or misbehaviour in carrying out duties (s 6(7)). This is an administrative sanction against the officeholder.
• Cessation on conviction: the Chief Executive ceases to hold office if convicted of an indictable offence (s 6(6)). This is a direct statutory effect triggered by criminal conviction, but does not itself create the underlying criminal offence.
• Removal and resignation of RDAC members: RDAC members may resign at any time (s 13(4)) and the Governor in Council may remove any member (s 13(5)). Again, these are administrative personnel controls.
• Ministerial directions and supervisory controls: the Minister may give written directions to RDV and the Chief Executive about the performance of functions (s 10(1)). Directions are a governance tool; non‑compliance would likely be treated within administrative and Public Administration Act processes rather than as a statutory offence.
• Reporting duties: RDV must submit an annual report to the Minister and the Minister must lay it before Parliament (s 10A). Parliamentary scrutiny and public disclosure act as transparency and reputational enforcement mechanisms.

Financial controls

• Payment authorisation rules: s 17(2) requires Ministerial authorisation for payments under $5,000,000 and Minister plus Treasurer for $5,000,000 or more. Failure to obtain the required authorisation before a payment could expose decision‑makers to administrative breach of the Act, potential internal review and budgetary consequences, though the Act does not prescribe fines or penalties for unauthorised payments.
• Delegation instruments: the Minister’s delegation of payment authorisation to the Chief Executive or a public servant must be by instrument (s 18). Good‑practice public sector controls (delegations registers, financial delegations, audit) would apply; the Act itself does not specify disciplinary procedures beyond appointment and removal powers.

Absence of criminal or civil penalties

• The Act contains no specified criminal penalties, infringement notices or civil penalty provisions. It achieves compliance principally through personnel controls, reporting, ministerial directions, and statutory authorisation channels for public spending. Any enforcement beyond those mechanisms (for example, recovery of unauthorised payments, administrative review or judicial review) would rely on general public law remedies, the Financial Management Act or other applicable legislative frameworks rather than on sanctions set out in this Act.

Implications

• The enforcement architecture is administrative and governance‑oriented. That concentrates remedies and corrective action in executive personnel decisions, parliamentary oversight and departmental accountability lines. Because the Act confers broad discretionary funding powers without private entitlements, legal enforcement by third parties is constrained; parties aggrieved by funding decisions may have limited statutory enforcement options under this Act alone.

The Act integrates and cross‑references several statutory regimes and operates within the broader Victorian public finance and public administration framework. The text explicitly imports definitions and processes from other Acts and provides transitional continuity for prior statutory funds.

Key cross‑references in the text

• Public Administration Act 2004: The Act defines “agency” and refers to persons employed under that Act who may be seconded, transferred or assigned to RDV (s 3; s 4(2)). The Chief Executive’s capacity to delegate to persons employed under the Public Administration Act is in s 8. These cross‑references embed RDV within the public service employment framework, including whatever Public Administration Act rules apply to secondment, transfer, employment conditions, and public sector conduct.
• Local Government Act 2020: The terms “Council” and “municipal district” are defined by reference to s 3(1) of the Local Government Act 2020 (s 3). Schedule 2’s list of municipal councils and alpine resorts depends on that definition for geographic scope. This anchors the Act’s territorial reach and RDV ministerial directions (ss 7(3), 10(2)) to the local government map set out in the Local Government Act.
• Alpine Resorts Act 1983: Alpine resorts are included in the definition of “rural and regional Victoria” (s 3(1)(b)), so alpine resort governance and land tenure regimes may be relevant when RDV exercises functions in those areas.
• Financial Management Act 1994: Section 10A(1) requires RDV’s annual report to be submitted as if it were an annual report under Part 7 of the Financial Management Act 1994. The RJIF itself is established as an account in the Public Account as part of the Trust Fund (s 15), placing it within the state’s public finance architecture governed by the Financial Management Act and related Treasury and appropriation procedures.
• Regional Growth Fund Act 2011 (repealed): The Act’s transitional section (s 20) transfers money, property, rights and liabilities from the abolished Regional Growth Fund into the RJIF and preserves prior agreements and authorisations. This ensures continuity of obligations and rights originating under the repealed Act.
• Regulatory Legislation Amendment (Reform) Act 2024: The Act was amended by the 2024 Reform Act (see Table of Amendments and s 21 transitional provision). Section 21 preserves RDAC continuity despite constitution changes effected by that amendment, specifying that no decision or matter is to be affected by the change.
• Other Acts: Section 5(1)(l) permits RDV to perform any other function under this or any other Act, signalling that RDV may have statutory duties created by other legislation. Where such duties exist, compliance will require integrating obligations across statutes.

Operational interdependencies and implications

• Employment and delegation: because RDV’s staffing is drawn from public servants under the Public Administration Act, public service standards, codes of conduct and workforce rules apply. The Chief Executive’s ability to delegate to these staff (s 8) means delegation frameworks from the Public Administration Act will shape internal control.
• Financial controls and parliamentary oversight: RJIF sits in the Public Account and is subject to appropriation and reporting rules. Payments from RJIF must follow s 17 authorisations; the Treasurer’s role for large payments creates an interministerial safeguard that intersects with whole‑of‑government financial controls.
• Local government and regional planning: RDV’s powers to act in municipal districts and the requirement that RDAC represent regions listed in Schedule 2 create an explicit interface with local governments and regional planning processes under the Local Government Act 2020.
• Administrative law and review: decisions made under the Act (for example, authorisation of payments, ministerial directions, appointments and removals) will be subject to the general public law and statutory judicial review where applicable. The Act itself does not limit judicial review remedies.

Overall, compliance and operationalisation of the Act require agencies and officials to navigate public service employment law, public finance rules, local government structures and the transitional continuities from the Regional Growth Fund. The Act prescribes the principal interlocks but relies on the broader statute book for detailed employment, budget and administrative procedures.

The Act has been amended multiple times; the statutory text records those changes with marginal notes and the endnotes list amending Acts. Below is a summary of the amendment points reflected in the consolidated version provided.

Principal amending Acts and targeted changes

• Public Administration Act 2004 (No. 108/2004): Commenced 5 April 2005 (s 117(1) Sch. 3 item 173). This amending Act updated definitions, notably the definition of “agency” and inserted cross‑references to the Public Administration Act, which affects staffing and delegation provisions (see s 3 notes and s 4(2) reference to persons employed under Part 3 of the Public Administration Act).
• Regional Growth Fund Act 2011 (No. 8/2011): Commenced 1 June 2011 (ss 10-14). Amendments from this Act altered the definition of rural and regional Victoria and inserted Schedule 2, and may have adjusted the structure of functions and references (notes in s 3 and s 5).
• Statute Law Revision Act 2013 (No. 70/2013): Assent 19 November 2013, with commencement indicated at s 4(Sch. 2 item 41) on 1 December 2013. This is a form of consolidation and style change; the endnotes identify it as an amending instrument for specific items.
• Regional Development Victoria Amendment (Jobs and Infrastructure) Act 2015 (No. 18/2015): Assent 2 June 2015; substantive commencement for ss 3-16 on 1 July 2015. This Act is significant: it inserted Part 4 creating the Regional Jobs and Infrastructure Fund (ss 15-18), added the Regional Development Advisory Committee and updated RDV functions (as shown by multiple “inserted by No. 18/2015” notes throughout the Act). Section 20 contains transitional provisions transferring the Regional Growth Fund assets, liabilities and arrangements to the RJIF and preserving prior authorisations, making s 20 central to continuity for pre‑2015 funding arrangements.
• Local Government Act 2020 (No. 9/2020): Assent 24 March 2020; specific commencement item s 390(Sch. 1 item 85) on 6 April 2020. Amendments updated definitions of “Council” and “municipal district,” affecting the geographic application of RDV’s functions (s 3 notes).
• Regulatory Legislation Amendment (Reform) Act 2024 (No. 6/2024): Assent 5 March 2024; ss 56-60 commenced 6 March 2024. This amendment altered the constitution of the Regional Development Advisory Committee (s 11(2)(b) amendment) and added s 21 transitional provision to preserve continuity of the Committee as the same body despite constitutional changes (s 21).

How the amendments affected the Act mechanically

• Creation of the RJIF: The 2015 Amendment inserted Part 4 (ss 15-18) establishing the RJIF, funding sources and authorised uses, and the approval/authorisation thresholds; it also created transitional rules in s 20 to transfer the Regional Growth Fund’s assets and authorisations.
• Structural and definitional updates: Amendments across the years updated definitions to align with later statutes (Public Administration Act 2004, Local Government Act 2020) and inserted or substituted text to reflect administrative practice (for example, the inclusion of reporting obligations in s 10A).
• Committee composition and continuity: The 2024 Reform Act changed RDAC’s constitution in s 11(2)(b); s 21 ensures that the Committee remains the same body administratively despite changes to composition rules.
• Delegation and staffing: Amendments referencing the Public Administration Act established RDV staffing as public servants (s 4(2)) and clarified delegation endpoints (s 8).

Endnote and marginal notes detail which sections were substituted or inserted by which Act; the consolidated text includes inline marginal notes showing the source of each change (for example, "S. 15 substituted by No. 18/2015 s. 16"). The Endnotes Table of Amendments lists the amending Acts with assent and commencement dates and indicates which provisions of this Act they altered.

For operational or legal research, practitioners must consult the original amending Acts (not just the consolidated text) for legislative history and any commencement notices. Sectional marginal notes in the consolidated version indicate the instruments and sections that made the changes and provide the basic traceability required for compliance or litigation research.

The legislation as provided contains no case citations and the Endnotes include no litigation summaries. The text names no judicial decisions and the Endnotes’ "Explanatory details" section contains no entries. Consequently the consolidated Act record supplied here does not identify any points of judicial interpretation, statutory construction disputes or reported cases that have applied or construed its provisions.

Practitioners seeking litigation history should note the following practical steps, because the Act itself offers no litigation signposts:

• Search the Victorian law reports, VCAT determinations, and federal and state judicial databases for decisions mentioning the Regional Development Victoria Act 2002, the Regional Jobs and Infrastructure Fund, RDV, or the Regional Development Advisory Committee.
• Check Parliamentary records and budget papers for dispute records or Auditor‑General reports that might have been the subject of judicial or tribunal review; the Act’s reporting requirement (s 10A) and RJIF authorisations may have triggered administrative law litigation or review in particular cases, but such events are not recorded in the Act.
• Examine decisions on public finance and administrative law that involve s 17 authorisations or ministerial directions (s 10), keeping in mind that challenges to funding decisions generally proceed on public law grounds (e.g. procedural fairness, unlawful delegation, failure to take into account relevant considerations) rather than on statutory private rights created by the Act, because the Act does not create private entitlements to funding.

Because the Act confers largely discretionary powers to the Minister and the Treasurer over funding (s 17) and permits RDV and the Chief Executive to exercise broad functions subject to ministerial directions (ss 5, 7, 10), litigation that does arise would likely be framed as judicial review of administrative action rather than statutory appeals or statutory cause of action. The Act itself places decision‑making within the executive and preserves the continuity of prior funding agreements (s 20), which reduces the number of straightforward statutory breaches available for litigation unless those processes are not followed.

In short, the consolidated Act as provided records no litigation history. For cases or disputes, further legal research in case law databases and audit reports is required.

The Act’s architecture contains a number of latent operational and legal pitfalls that practitioners should note; these are concrete mechanics and risks that arise from the statutory wording.

1. Ministerial direction power and scope creep

• The Minister may give written directions to RDV and the Chief Executive about performance of functions (s 10). Section 5(1)(k) also allows RDV to perform "any other function that the Minister directs it in writing to perform." That mechanism means RDV’s statutory function set can be altered by ministerial direction. Practitioners should record the legal consequence: the Act deliberately makes RDV responsive to Ministerial priorities, so stakeholders cannot assume RDV’s functions are static.

2. Delegation of payment authorisation

• Section 17(2) requires Minister authorisation for payments under $5,000,000 and Minister and Treasurer for $5,000,000 or more. However, s 18 allows the Minister to delegate authorisation to the Chief Executive or a public servant by instrument. That delegation can shift financial decision‑making to officers authorised by instrument. Review delegation instruments to know who actually signs off on payments and ensure compliance with delegation registers and public finance rules. Delegation increases operational speed but reduces direct ministerial oversight.

3. No statutory entitlement to RJIF funding

• The Act lists RJIF permitted uses (s 17(1)) but creates no private right to a grant or payment. Applicants have no statutory cause of action for a refused application under this Act. Legal recourses against funding decisions (if any) will be limited to judicial review avenues, which require specific public law grounds. Expect unsuccessful applicants to have limited statutory remedies.

4. Geographic scope subject to regulation

• “Rural and regional Victoria” is defined by reference to Schedule 2 but s 3(2) permits regulations to include additional geographical areas in prescribed circumstances. That means the Minister and Executive can expand (or contract, via regulation) the geographic scope in which RDV can act under the Act. A change by regulation alters who is eligible for RDV attention and RJIF support and may surprise stakeholders if not monitored.

5. Transitional preservation of prior authorisations and agreements

• Section 20 preserves agreements and authorisations made under the repealed Regional Growth Fund Act 2011, taking them to be RJIF agreements where related matters are on or after commencement day. Practitioners dealing with legacy arrangements should verify whether authorisations are taken to be authorisations under s 17(2) and whether any terms of old agreements conflict with current RJIF governance.

6. Use of RJIF for administration

• The RJIF may be used to pay for administering Part 3 and Part 4 and for monitoring and reporting costs (s 17(3)). That permits the Fund to finance RDAC and RJIF operations, which reduces the pool available for project grants. Practitioners and councils should ask for budget lines and transparency on administrative drawdowns.

7. Ambiguity about compelling assistance from public entities

• RDV may request assistance or information from any public entity (s 5(3)(a)). The Act does not express a compulsion power or penalty for ignoring such requests. Departments should be mindful that co‑operation may be governed by other statutes or administrative policy rather than express compulsion in this Act.

8. Appointment and removal are political instruments

• The Governor in Council appoints and removes Chief Executive and RDAC members on Ministerial recommendation (ss 6(2), 11(2)). Those appointment/removal powers mean leadership turnover may respond to political change; continuity depends on reappointment and secondment arrangements. The Chief Executive can be removed for inefficiency or misbehaviour (s 6(7)), broad terms that can be exercised administratively.

9. Reporting timetable is tight and parliamentary

• RDV must present its annual report within three months after the financial year end (s 10A(1)), and the Minister must lay it before Parliament by 31 October (s 10A(2)). Failure to meet these timeframes would be a statutory breach and could lead to public and parliamentary scrutiny.

10. Validation of Acting Chief Executive acts

• Section 9(6) states the validity of acts by a person purporting to act as Chief Executive shall not be called into question on grounds like appointment defects. That clause protects decisions made by acting officeholders from collateral attack, narrowing avenues to challenge acts of an Acting Chief Executive. Practitioners should check the limits and the precise drafting if seeking to challenge actions taken during acting appointments.

These are procedural and structural “gotchas” rooted in the Act’s text. They affect governance, transparency and the balance between ministerial control and departmental autonomy, and users should map them against internal controls, delegation registers, stakeholder expectations and contractual settings.

Compliance under this Act is principally internal and administrative. Below is a practical compliance checklist for the Minister, RDV, RDAC, departmental officers, Councils in Schedule 2 and prospective RJIF applicants. Each item is grounded in specific provisions.

For the Minister and Ministerial office

• Maintain written direction records: s 10 permits written directions to RDV and the Chief Executive. Keep a formal, dated file of all written directions and ensure RDV acknowledges them in writing and records implementation plans.
• Manage authorisation delegations: s 17(2) and s 18 permit and circumscribe payment authorisations. If delegating, execute a formal instrument delegating power to the Chief Executive or a public servant (s 18). Update the public sector delegations register and ensure Treasury and departmental finance units know the authorised signatories.
• Lay RDV annual report to Parliament: ensure the report submitted under s 10A(1) is laid by 31 October as required by s 10A(2).

For the Chief Executive and RDV management

• Exercise functions within ministerial directions: reconcile RDV activities against s 5(1) functions and any ministerial directions under s 10. Document how ministerial priorities change workplans.
• Delegations and delegatus non potest delegare: while s 8 permits delegation of powers (other than the power of delegation), ensure delegation instruments are written, compliant with the Public Administration Act 2004, recorded and consistent with financial delegations, and that records of delegated decisions are retained.
• Reporting: prepare and lodge the annual report within three months of the financial year end as if under Part 7 of the Financial Management Act 1994 (s 10A(1)), and provide the Minister with materials for parliamentary laying.
• Financial controls: for RJIF payments, require evidence of proper authorisation per s 17(2). Maintain accounting and audit trails showing parliamentary appropriation (s 16(a)), investment returns receipts (s 16(b)) and other sources (s 16(c)) into the Fund.
• Use of RJIF funds for administrative costs: account separately for amounts paid under s 17(3) to ensure transparency between grant/project monies and administration/monitoring spend.

For RDAC and its members

• Ensure representational and skill requirements are met: the Minister must ensure a majority of members are from rural and regional Victoria and at least one member from each Schedule 2 region (s 11(3)(a)-(b)). RDAC members should maintain records of conflicts of interest and declare them in meetings.
• Act only within ministerial direction: RDAC can exercise functions under s 12(1)(a)-(c) only as directed by the Minister or with the Minister’s approval (s 12(2)). Prior to conducting research, consultations, or public work, obtain the Minister’s direction or approval in writing.
• Meeting governance: hold meetings at least quarterly or as determined by the Minister (s 14(1)). Keep minutes, attendance records and quorum determinations; a majority of current members constitutes a quorum (s 14(4)).

For departmental finance and treasury officers

• Appropriation and Fund accounting: ensure RJIF is reflected in Public Account and Trust Fund accounting as established by s 15. Record all appropriations into the RJIF (s 16(a)) and apply proper investment accounting for s 16(b).
• Authorisation thresholds: validate authorised signatories and process payments only after the required authorisation(s) per s 17(2) are obtained. For payments of $5,000,000 or more, ensure both Minister and Treasurer signatures or approved delegation instruments are present.
• Audit and monitoring: implement monitoring and reporting for Fund operations, as the Fund may finance those activities (s 17(3)). Consider producing a schedule showing grant commitments against available Fund balance.

For Councils, project proponents and prospective applicants

• Understand discretionary nature: recognise s 17 creates permitted RJIF uses but no statutory entitlement. Submit applications or project proposals in line with Ministerial priorities and RDV guidelines; secure written agreements for any grant/loan if authorised.
• Check legacy agreements: if you had arrangements with the Regional Growth Fund, check s 20 for transitional preservation; prior agreements are taken to be RJIF agreements for matters on or after the commencement day (s 20(4)).
• Monitor geographic eligibility: confirm your municipal district is within Schedule 2 or included by regulation under s 3(2) and s 19(a). If your area is not listed, consider whether regulations have been made extending the definition.

Recordkeeping and transparency steps for all actors

• Keep written instruments for appointments, delegations and authorisations, including instruments described at ss 6(2), 8, 18 and 13. The Act repeatedly requires instrumented actions (appointments, delegations, authorisations) and written directions.
• Publish or maintain accessible records of RJIF payments and approvals consistent with public reporting obligations and good governance, recognising that the Act requires an annual report (s 10A).
• Ensure conflict of interest registers and probity processes are followed for grants and project selection, even though the Act does not prescribe such processes , the RJIF’s public money nature and the s 17(3) authorisation to pay monitoring and reporting costs make probity essential.

Contingency and risk controls

• For acting appointments: s 9(6) makes acts of persons purporting to act as Chief Executive valid despite appointment defects. Nevertheless, ensure acting appointments are properly documented to reduce reputational and legal risk.
• For compliance with authorisation thresholds: process design must require signatory verification before payment execution.
• For ministerial directions and policy changes: maintain change management, version control for strategic documents and clear communication channels with departmental Secretary to satisfy s 7(4)'s requirement that the Chief Executive advise the Secretary.

In practical terms, compliance is largely about documentary discipline: preserve written directions, delegation instruments, authorisations, meeting minutes and annual reports; segregate RJIF administration and project accounts; and align RDV activity plans with ministerial directions. The Act gives the Minister and Treasurer clear decision points; compliance systems should be built around those statutory gates.