Statutory compliance

Acts of Parliament

Acts of Parliament administered by the Premier

• Administrative Arrangements Act 1983
• Australia (Acts) Request Act 1985
• Climate Change Act 2017 —
  sections 7, 8, 10, 14, 16, 41, 42, 50, 54 and 55 (these sections are jointly administered with the Minister for Climate Action)

1. (The Act is otherwise administered by the Minister for Climate Action and the Minister for the State Electricity Commission)

• Commonwealth Arrangements Act 1958
• Constitution Act 1975 — except:
  • section 72 (this section is administered by the Minister for Government Services)
  • Part III (this Part is administered by the Attorney-General)
  • Division 1 of Part IIIAA (this Division is jointly administered with the
    Attorney-General)
  • Divisions 3 to 6 of Part IIIAA (these Divisions are administered by the Attorney-General)
  • Part IIIA (this Part is administered by the Attorney-General)
  • section 88 in so far as it relates to the appointment of Crown Counsel and Crown Counsel (Advisings) (in so far as it relates to those matters, this section is administered by the
    Attorney-General)
• section 88 in so far as it relates to the appointment of the Commissioner for Better Regulation (in so far as it relates to those matters, this section is administered by the Assistant Treasurer)
• Constitution (Appointments) Act 2009
• Crown Land (Reserves) Act 1978 —
  • in so far as it relates to the land shown as Crown Allotment 2036, City of Melbourne, Parish of Melbourne South (Parish Plan No. 5514D) reserved for Public Purposes (Government House and Grounds)

1. (The Act is otherwise administered by the Assistant Treasurer, the Minister for Corrections, the Minister for Environment, the Minister for Health, the Minister for Planning, the Minister for Ports and Freight and the Minister for Tourism, Sport and Major Events)

• Electoral Act 2002 — Division 1 of Part 5, section 72 and Part 9A

1. (The Act is otherwise administered by the Attorney-General and the Minister for Government Services)

• Essential Services Act 1958
• Family Violence Reform Implementation Monitor Act 2016
• Inquiries Act 2014
• Melbourne Cricket Ground Act 2009

(The Act is jointly and severally administered with the Minister for Planning and the Minister for Tourism, Sport and Major Events)

• Melbourne and Olympic Parks Act 1985

1. (The Act is jointly and severally administered with the Minister for Planning and the Minister for Tourism, Sport and Major Events — except:

• sections 24–28 [these sections are administered by the Minister for Environment])
• Members of Parliament (Standards) Act 1978

1. (The Act is jointly and severally administered with the Minister for Government Services)

• Ombudsman Act 1973 — sections 3–6

1. (The Act is otherwise administered by the Attorney-General)

• Parliamentary Administration Act 2005 —
  • Part 2 and sections 11, 14–17
  • Parts 4 and 5 (these Parts are jointly and severally administered with the Minister for Government Services)

1. (The Act is otherwise administered by the Minister for Government Services)

• Parliamentary Committees Act 2003 — except:
  • sections 7, 7A and 52 (in so far as these sections relate to public interest disclosures about conduct by or in the Victorian Inspectorate, these sections are jointly and severally administered with the Attorney-General)
• Parliamentary Salaries, Allowances and Superannuation Act 1968 —
  • in so far as the Act relates to the compliance, monitoring and enforcement regime for parliamentary allowances

1. (The Act is otherwise administered by the Assistant Treasurer and the Minister for Government Services)

• Project Development and Construction Management Act 1994 — except:
  • section 11 in so far as it relates to a project nominated under section 6 for which the Secretary referred to in Part 5A is the facilitating agency (in so far as it relates to those matters, this section is jointly and severally administered with the Minister for Planning and the Minister for Transport and Infrastructure)
  • Part 4 (this Part is administered by the Assistant Treasurer)
  • Part 5A (this Part is jointly and severally administered by the Minister for Planning and the Minister for Transport and Infrastructure, except to the extent that it relates to the exercise of powers and functions under Part 9A of the Planning and Environment Act 1987, in so far as it relates to those powers and functions this Part is administered by the Minister for Planning)
  • section 46 (this section is administered by the Minister for Planning)
  • Part 7 (this Part is administered by the Minister for Planning)
  • Parts 8 and 9 (these Parts are jointly and severally administered by the Minister for Planning and the Minister for Transport and Infrastructure)
• Public Administration Act 2004 —
  • Parts 1, 2 and 8, section 67(3)(d) and Divisions 2 and 3 of Part 6 (these provisions are jointly and severally administered with the Minister for Government Services)
  • Part 3
  • Part 5A
  • sections 66, 98–98A
  • Part 7A

(The Act is otherwise administered by the Minister for Government Services)

• Public Records Act 1973—
  • in so far as the Act relates to public records in the possession of, transferred from or to be transferred from the Cabinet Office

1. (The Act is otherwise administered by the Minister for Government Services)

• Public Safety Preservation Act 1958
• Public Sector (Union Fees) Act 1992
• Senate Elections Act 1958
• Statute Law Revision Acts
• Subordinate Legislation Act 1994 — sections 5A, 9 and 12G

1. (The Act is otherwise administered by the Minister for Government Services)

• Succession to the Crown (Request) Act 2013
• Superannuation (Public Sector) Act 1992
• Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019 —
  • Part 4 and section 36 (these provisions are jointly and severally administered with the Minister for Government Services)

1. (The Act is otherwise administered by the Minister for Government Services)

• Vital State Industries (Works and Services) Act 1992
• Vital State Projects Act 1976 — except:
  • sections 5–16 (these sections are administered by the Attorney-General)
• Wrongs (Public Contracts) Act 1981

Acts of Parliament administered by the Minister for Treaty and First Peoples

• Aboriginal Heritage Act 2006
• Aboriginal Lands Act 1970
• Aboriginal Lands Act 1991

1. (The Act is jointly and severally administered with the Minister for Environment)

• Advancing the Treaty Process with Aboriginal Victorians Act 2018
• Traditional Owner Settlement Act 2010
• Treaty Authority and Other Treaty Elements Act 2022

Acts of Parliament administered by the Minister for Industrial Relations

• Child Employment Act 2003
• Construction Industry Long Service Leave Act 1997
• Fair Work (Commonwealth Powers) Act 2009
• Labour Hire Licensing Act 2018
• Long Service Leave Act 2018
• Long Service Benefits Portability Act 2018
• Outworkers (Improved Protection) Act 2003
• Owner Drivers and Forestry Contractors Act 2005
• Public Sector Employment (Award Entitlements) Act 2006
• Trade Unions Act 1958
• Wage Theft Act 2020

Acts of Parliament administered by the Minister for Government Services

This list includes only the Acts of Parliament for which DPC supports the Minister for Government Services

• Constitution Act 1975, section 72

1. (The Act is otherwise administered by the Assistant Treasurer, the Attorney-General and the Premier)

• Electoral Act 2002 — except:
  • Division 1 of Part 5, section 72 and Part 9A (these provisions are administered by the Premier)
  • Part 8 (this Part is administered by the Attorney-General)
• Electoral Boundaries Commission Act 1982
• Members of Parliament (Standards) Act 1978

1. (The Act is jointly and severally administered with the Premier)

• Parliamentary Administration Act 2005 — except:
  • Part 2 and sections 11, 14–17 (these provisions are administered by the Premier)
  • Parts 4 and 5 (these Parts are jointly and severally administered with the Premier)
• Parliamentary Precincts Act 2001
• Parliamentary Salaries, Allowances and Superannuation Act 1968 — except:
  • sections 6(6), 9K(3), 9K(5) and 9L (these sections are administered by the Assistant Treasurer)
  • Part 3 (this Part is administered by the Assistant Treasurer)
  • in so far as the Act relates to the compliance, monitoring and enforcement regime for parliamentary allowances (in so far as the Act relates to those matters, the Act is administered by the Premier)
• Public Administration Act 2004 — except:
  • Parts 1, 2 and 8, section 67(3)(d) and Divisions 2 and 3 of Part 6 (these provisions are jointly and severally administered with the Premier)
  • Part 3 (this Part is administered by the Premier)
  • Part 5A (this Part is administered by the Premier)
  • sections 66, 98–98A (these sections are administered by the Premier)
  • Part 7A (this Part is administered by the Premier)
• Subordinate Legislation Act 1994 — except:
  • sections 5A, 9 and 12G (these sections are administered by the Premier)
• Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019 — except:
  • Part 4 and section 36 (these provisions are jointly and severally administered with the Premier)

Compliance with the Aboriginal Heritage Act

Under section 192 of the Aboriginal Heritage Act 2006, the Secretary must report on the operation of the Act including:

• the exercise and performance by authorised officers of their powers, functions and duties under the Act
• any complaints received in relation to authorised officers
• actions taken to address those complaints.

The Act establishes the role of authorised officers and makes provision for appointing authorised officers. The key functions to be carried out by an authorised officer include:

• monitoring compliance with the Act
• investigating suspected offences against the Act
• directing the conduct of a cultural heritage audit to assess the impact of an activity on Aboriginal cultural heritage
• issuing and delivering stop orders without formal approval if there are reasonable grounds for believing that Aboriginal cultural heritage is under threat from an activity.

On 30 June 2023:

• 25 authorised officers, all DPC employees, are appointed under the Act
• 12 Aboriginal heritage officers, all employees of a Registered Aboriginal Party, are also appointed under the Act.

All appointees have successfully completed a Certificate IV in Government Investigations within the past five years and receive ongoing training about the operation of the Act. There were no complaints made about authorised officers during this period.

In 2022–23 authorised officers exercised their powers, functions and duties as set out on the following page.

Information on the exercise and performance by authorised officers of their powers, functions and duties under the Aboriginal Heritage Act 2006

Full details of all powers and functions exercised by authorised officers in previous years can be requested via email to the Director, Heritage Services, First Peoples – State Relations at aboriginal.heritage@dpc.vic.gov.au(opens in a new window).

Compliance with the Building Act

DPC complied with its obligations under the Building Act 1993, the Building Regulations 2006 and associated statutory requirements and amendments. An occupancy permit or certificate of final inspection endorsed by a registered building surveyor is obtained for all upgrades to existing facilities requiring a permit. Design consultants and building contractors engaged are registered practitioners, and registrations are maintained during the course of the work.

DPC manages Government House and its outbuildings. There are several mechanisms for inspection, reporting and carrying out of maintenance works at this site including:

• regular property inspections conducted by staff, tenants and external contractors
• independent, formal condition audits undertaken every five years
• site risk surveys undertaken at least biennially by the Victorian Managed Insurance Authority
• onsite facilities managers responding to and prioritising identified issues and managing breakdown, preventative and cyclical maintenance contracts.

Major works projects (greater than $50,000)

Government House Drive, Melbourne: Conservation and restoration building works at Government House

Compliance with the Carers Recognition Act

The department has taken all practical measures to comply with its obligations under the Carers Recognition Act 2012.
These include considering the carerelationships principles set out in theAct when setting policies and providing services.

For example, this may be done through:

• ensuring flexible work arrangements are embedded as part of the DPC working culture (in line with requirements under the Gender Equality Act 2020) and are available to all staff for any reason, including supporting employees with family and caring responsibilities
• embedding a hybrid working model to support diversity, inclusion and a more equitable workplace
• providing the Parental Leave Transition Support Coaching Program.

Obligation with the Act is also undertaken by ensuring DPC staff have an awareness and understanding of the care relationship principles set out in the Act.

This is achieved through:

• championing the DPC Enablers Network, a network run by people with disability for people with disability, with an executive sponsor, open to all staff including carers
• delivering a mental health and
  wellbeing training program for all staff and leaders including those who have caring responsibilities
• providing support to all staff through the Peer Support Program and the Employee Assistance Program.

Compliance with the Gender Equality Act

DPC acknowledges gender diversity within its workforce and is committed to developing strategies that promote opportunities for
all staff.

DPC’s obligation under the Gender Equality Act 2020 began on 31 March 2020 and requires defined entities including the public sector, local councils and universities to take positive action towards achieving workplace gender equality.

Under the Act, DPC is required to:

• develop and implement a Gender Equality Action Plan, which includes the results of a workplace gender audit and strategies for achieving workplace gender equality
• promote gender equality in policies, programs and services that affect the public
• complete gender impact assessments
• publicly report on progress in relation to workplace gender equality.

The Act also requires defined entities to consider intersectionality when developing strategies and measures to promote gender equality in the workplace.

DPC has taken appropriate actions to comply with the Act during 2022–23 including continuing to implement DPC’s Gender Equality Action Plan.

Key achievements under the Gender Equality Action Plan include:

• establishing a Gender Equality Network at DPC
• exceeding the 50 per cent target for female executives at DPC
• developing gender pay guidelines to support executive remuneration reviews
• continuing to nominate women onto leadership programs
• continuing to embed DPC’s Flexible Working Policy.

Competitive neutrality policy

Competitive neutrality requires government businesses to ensure that, where services compete or potentially compete with the private sector, any advantage arising solely from their government ownership be removed if it is not in the public interest. Government businesses must cost these services as if they were privately owned. The Competitive Neutrality Policy supports fair competition between public and private businesses and provides government businesses with a tool to enhance decisions on resource allocation. This policy does not override other policy objectives of government and focuses on efficiency in service provision.

DPC continues to ensure Victoria fulfils its requirements on competitive neutrality reporting for government businesses against the enhanced principles as required under the Competition Principles Agreement.

Compliance with the Disability Act

The department has complied with its obligations under the Disability Act 2006. DPC continues to proactively address the key actions under the DPC Disability and Access Inclusion Plan 2021–2025. This plan provides a framework for DPC to ensure equitable access to employment opportunities for people with disability.

Highlights under the Act during
2022–23 include:

• reducing barriers to people with disability obtaining and maintaining employment, including reviewing the DPC Workplace Adjustment Policy, which ensures accessibility for employees who may need adjustments to equipment or process to undertake their roles
• achieving tangible changes in attitudes and practices that discriminate against people with disability.

This is achieved through actions including:

• having a dedicated Senior Adviser, Disability Access and Inclusion who is active in promoting access and inclusion
• partnering with the Australian Network on Disability (AND) to deliver disability confidence training to the DPC Board of Management
• undertaking an ongoing communications campaign to promote completion and awareness of the key initiatives of the DPC Disability Inclusion Action Plan
• supporting neurodiverse employees and their managers to access the Victorian Public Sector Neurodiverse Confident Services Panel for workplace adjustments and supports.

DPC promotes inclusion and participation in the community through:

• supporting a staff-led Enablers Network with a dedicated executive champion to represent the needs, interests and concerns of employees with lived experience of disability
• continuing to partner with AND in
  2022–23 (AND is a national, membership-based, for-purpose organisation that supports organisations to advance inclusion for people with disability).

Compliance with the Freedom of Information Act

The Freedom of Information Act 1982 gives the public a right to access documents held by DPC. The purpose of the Act is to extend as far as possible the right of the community to access information held by government departments, local councils, ministers and other bodies subject to the Act.

An applicant has a right to apply for access to any document held by DPC, which comprises documents both created and received by DPC. Other than regular electronic and paper records, applicants may also request access to documents such as maps, films, computer discs and tape recordings.

The Act allows DPC to refuse access, either fully or partially, to certain documents or information. Examples of documents that may not be accessed include Cabinet documents, certain internal working documents, law enforcement documents, documents covered by legal professional privilege, documents containing personal information, documents containing certain commercial and financial information, and information provided to DPC in confidence.

If an applicant is not satisfied with a freedom of information decision made by DPC, under section 49A of the Act they have the right to seek a review from the Office of the Victorian Information Commissioner within 28 days of receiving a decision letter.

Requests received in 2022–23 include 61 requests for DPC documents and 18 requests for documents from the Premier’s office.

No requests were received during this period for any other DPC portfolio ministers.

The department finalised 54 freedom of information requests to DPC during 2022–23.

Seventy per cent of access decisions were made within the statutory period, 9 per cent were between one and 45 days overdue and 20 per cent were overdue by more than 45 days. DPC also finalised 13 requests for the Office of the Premier and one for the Office of the Minister for Treaty and First Peoples.

Eight DPC matters went to the Information Commissioner for review and five complaints about DPC matters were made to the Information Commissioner.

Making a request

Requests to access documents should be made in writing to DPC’s Freedom of Information Officer. The requirements of a request are set out in section 17 of the Act.

In summary, a request should:

• be in writing
• identify as clearly as possible the documents requested
• be accompanied by the appropriate application fee (which may be waived if it would cause hardship to the applicant).

Requests for documents in DPC’s possession should be addressed to:

Freedom of Information Officer Department of Premier and Cabinet

GPO Box 4912

Melbourne VIC 3001

Requests can also be lodged via online.foi.vic.gov.au. Access charges may apply once documents have been processed and an access decision has been made.

For example, charges may be applied for costs associated with photocopying and for search and retrieval of documents.

More information about DPC’s freedom of information arrangements can be found at www.vic.gov.au/foi-part-ii-statements.

Compliance with the Local Jobs First Act

The Local Jobs First Act 2003, introduced in August 2018, brings together the Victorian Industry Participant Guarantee and the Major Project Skills Guarantee Policy, which were previously administered separately.

Departments and public sector bodies are required to apply the Local Jobs First Policy in all projects valued at $3 million or more in Metropolitan Melbourne or for statewide projects, or $1 million or more for projects in regional Victoria.

During 2022–23 DPC had one Local Jobs
First Standard project valued at $2.0 million under contract. The project was in metropolitan Melbourne. No projects began in regional Victoria or were deemed as statewide. The Major Projects Skills Guarantee did not apply to this project. Of the four Local Jobs First projects in progress, the expected outcomes are:

• a 97 per cent of local content commitment
• the retention of five jobs (annualised employee equivalent).

Compliance with the Public Interest Disclosure Act

The Public Interest Disclosures Act 2012 encourages and assists people in making disclosures of improper conduct by public officers and public bodies. The Act protects people who make disclosures in keeping with the Act and establishes a system for the matters disclosed to be investigated and rectifying action to be taken.

DPC does not tolerate improper conduct by employees, nor the taking of reprisals against those who come forward to disclose such conduct. DPC is committed to ensuring transparency and accountability in administrative and management practices and supports the making of disclosures
that reveal corrupt conduct, conduct involving a substantial mismanagement of public resources, or conduct involving a substantial risk to public health and safety or the environment.

DPC will take all reasonable steps to protect people who make such disclosures from any detrimental action in reprisal for making the disclosure. DPC will also afford natural justice to the person who is the subject of the disclosure to the extent it is legally possible.

Reporting procedures

Disclosures of improper conduct or detrimental action by DPC or any employees may be made to any of the following departmental personnel:

• Secretary of the department
• Public Interest Disclosure Coordinator
• manager or supervisor of the discloser
• manager or supervisor of the person who is the subject of the disclosure
• a person acting in any of the above roles.

Alternatively, disclosures may also be made directly to the Independent Broad-based Anti-corruption Commission:

Level 1, North Tower, 459 Collins Street

Melbourne VIC 3000

Phone: 1300 735 135

Internet: www.ibac.vic.gov.au

Refer to this website for the secure email disclosure process, which also provides for anonymous disclosures.

More information

The Guide to Making and Handling Public Interest Disclosures, which outlines the system for reporting disclosures of improper conduct or detrimental action by DPC or any of its employees and/or officers, is available on DPC’s website (www.vic.gov.au/dpc-public-interest-disclosures).

Disclosures under the Public Interest Disclosures Act 2012

In 2022–23 two assessable disclosures were made to DPC and notified to the Independent Broad-based Anti-corruption Commission. This is an increase from 2021–22 in which no assessable disclosures were made.

Email: info@ibac.vic.gov.au