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Dictionary of Common Terms
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a
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c
| Term | Meaning |
| Cabinet | The principal decision making body of the Government. It consists of all Ministers of the Crown and the Parliamentary Secretary of Cabinet (also known as Cabinet Secretary). The Premier, as the leader of the Government is the Chair of Cabinet. Cabinet is a formal meeting of Ministers but has no legal powers or status. |
| CEO | Chief Executive Officer |
| CFAO | Chief Finance and Accounting Officer
FMA ss. 4, 43 |
| civil action | A legal action by an entity or a person (the plaintiff) against another entity or person (the defendant) seeking a legal remedy such as damages or an injunction. The purpose is most frequently to obtain compensation for a wrong suffered by the plaintiff at the hands of the defendant or to prevent the defendant from performing an act detrimental to the interests of the plaintiff. |
| code of conduct (sometimes Code of Conduct) | A code of conduct issued under s. 63 of the PAA.
PAA s. 63 provides as regards codes of conduct that the Public Sector Standards Commissioner may prepare and issue codes of conduct based on the public sector values. A code of conduct is binding on any public official or class of public official to whom it applies. A contravention of a code of conduct by a public official who is bound by the code is capable of constituting misconduct. |
| Commissioner entity | A public entity that consists of, or the governing body of which consists of, only one person.
PAA s. 4(1) |
| common law | Law that originated in the English courts, which continues to develop today, and which applies to everyone. Common law is altered by legislation or by court decisions. Sometimes known as 'judge-made law'. |
| company | See body corporate. |
| complaint | In the Ombudsman Act is a complaint to the Ombudsman in respect of an administrative action.
Ombudsman Act 1973 s. 2 |
| conflict of interest | A real, perceived or potential conflict between the personal or business interests of a member and the member's duty to act in the interests of the entity. |
| consent | Refers to express or implied consent
Information Privacy Act 2000 s. 3 |
| COO | Chief Operating Officer |
| Corporate Governance Handbook | Key corporate governance documents collated into a single volume and provided to Board members |
| corporation | See body corporate |
| Corporations Act | Corporations Act 2001 |
| corrupt conduct | In the Whistleblowers Protection Act 2001 is conduct of a person (whether or not a public officer) that adversely affects, or could adversely affect, either directly or indirectly, the honest performance of a public officer's or public body's functions; or conduct of a public officer that amounts to the performance of any of their functions as a public officer dishonestly or with inappropriate partiality; or conduct of a public officer, a former public officer or a public body that amounts to a breach of public trust; or conduct of a public officer, a former public officer or a public body that amounts to the misuse of information or material acquired in the course of the performance of their functions as such (whether for the benefit of that person or body or otherwise); or a conspiracy or attempt to engage in the conduct referred to above.
Whistleblowers Protection Act 2001 s. 3(1) |
| criminal penalty | A penalty in the form of a fine or sentence of imprisonment, whether or not suspended in its operation. |
| criminal prosecution | A legal action by the Crown against a person or persons or an entity (the defendant) that involves an allegation of criminal conduct by the defendant that, if proved beyond reasonable doubt, could result in a criminal penalty. |
| Crown | Formal term for the ultimate source of the authority of the law in a geographical jurisdiction. In Victoria the Crown is said to exist as 'the Crown in right of Victoria'. |
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| Term | Meaning |
| enabling legislation | See establishing legislation |
| entity | A body that may consist of one or more persons. It may be a body in the public sector or the private sector. It may be a statutory corporation, other corporation or company or an unincorporated association.
In the Audit Act 1994 entity has the same meaning as in the accounting standard that applies for the purpose of deciding whether a company has to prepare consolidated financial statements under the Corporations Act 2001. |
| Establishing legislation | An Act of Parliament, set of regulations, statutory instrument or other document setting out the powers, functions and organisational structure of an entity. |
| Executive Council | Established under s. 87 of the Constitution Act 1975. It exercises the chief executive authority in the State. It consists of all Ministers but a quorum consists of the Governor and two Ministers. |
| exempt bodies | A Parliamentary committee; or a Local Council; or a court; or the Office of Public Prosecutions or the Committee for Public Prosecutions; or a university; or a body to which, or to the governing body of which, the government of another jurisdiction, or a person appointed or body established under the law of another jurisdiction, has the right to appoint a member, irrespective of how that right arises.
PAA s. 4(1) |
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f
| Term | Meaning |
| FMA | Financial Management Act 1994 |
| FMCF | Financial Management Compliance Framework |
| FOI | Freedom of information. FOI aims to extend as far as possible the right of the community to access information in the possession of the Government of Victoria and other bodies constituted under the law of Victoria for certain public purposes by making available to the public information about the operations of agencies and, in particular, ensuring that rules and practices affecting members of the public in their dealings with agencies are readily available to persons affected by those rules and practices; and creating a general right of access to information in documentary form in the possession of Ministers and agencies limited only by exceptions and exemptions necessary for the protection of essential public interests and the private and business affairs of persons in respect of whom information is collected and held by agencies.
Freedom of Information Act 1982 s. 3(1) |
| FOI Act | Freedom of Information Act 1982 |
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| Term | Meaning |
| legislation | An Act of Parliament, regulation, by-law, ordinance, statutory instrument or any determination in writing published pursuant to an Act of Parliament or one of the other forms of legislation mentioned above. |
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| Term | Meaning |
| PAA | Public Administration Act 2004 |
| participating body | In the Victorian Managed Insurance Authority Act 1996 (VMIA) is a statutory authority that in the current or any previous financial year has received more than 50% of its funding from the Consolidated Fund; or a body corporate (other than a statutory authority) that in the current or any previous financial year has received more than 50% of its funding from the Consolidated Fund; and in which the State has a controlling interest; a person or body declared under section 4 of the VMIA Act1996 to be a participating body.
VMIA Act 1996 s. 3 |
| person | A natural person or a body corporate |
| personal information | Information or an opinion (including information or an opinion forming part of a database), that is recorded in any form and whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion, but does not include information of a kind to which the Health Records Act 2001 applies.
IPA s.3 |
| portfolio Minister | The Minister responsible for the portfolio in which an entity is located. |
| PRA | Public Records Act 1973
PRA s. 2 |
| prerogative office | An office under the Crown (other than a statutory office) to which the right to appoint is vested in the Governor in Council.
PAA s. 4(1) |
| public assets | Assets nominally the property of a Department or public entity. |
| public entity | A body, whether corporate or unincorporated
(a) that is established-
(i) by or under an Act (other than a private Act) or the Corporations Act; or
(ii) by the Governor in Council; or
(iii) by a Minister;
and
(b) in the case of a body corporate, the right to appoint a majority of the directors of which is vested in the Governor in Council or a Minister; and
(c) that has a public function to exercise on behalf of the State or is wholly owned by the State; and
(d) in the case of a body that does not have any function to exercise other than the provision of advice or a report to any person or body-
(i) has written terms of reference guiding its operation; and
(ii) is required to provide the advice or report to a Minister or the Government; and
(iii) is declared to be a public entity for the purposes of this Act
(A) by the establishing legislation; or
(B) by an Order under sub-section (3)
but does not include-
(e) an exempt body; or
(f) a special body in its capacity as a special body; or
(h) a body, or a class of body, that is declared by an Order under sub-section (2) not to be a public entity for the purposes of the PAA
PAA s. 5 |
| public entity Head | CEO (called by whatever name) of a public entity.
PAA s. 4(1) |
| public function | A function that advances the public interest by providing for services or benefits for members of the public, or assisting in gathering public revenue. |
| public funds or public money | Funds provided from, or intended for, the Consolidated Fund. |
| public officer | In the PRA is any person employed in a public office.
PRA s. 2
In the Whistleblowers Protection Act is, relevantly, a member of Parliament; a councilor; a member, officer or employee of a public body other than a university; a member of the governing body of a public body other than a university; the holder of an office established by or under an Act to which the right to appoint is vested in the Governor in Council or a Minister; a member of the teaching service within the meaning of the Teaching Service Act 1981. It does not include a person specified in section 4(2) of the Whistleblowers Protection Act 2001.
Whistleblowers Protection Act 2001 s. 3(1) |
| public official | In the PAA is, relevantly, a public sector employee; the holder of a statutory office or a prerogative office; a director of a public entity.
PAA s. 4(1) |
| public purpose | A purpose for an initiative that advances the public interest by providing for services or benefits for members of the public, or assisting in gathering public revenue. |
| public record | In the PRA is any record made or received by a public officer in the course of their duties; and any record made or received by a court or person acting judicially in Victoria. It does not include a record which is beneficially owned by a person or body other than the Crown or a public office or a person or body referred to in section 2B of the PRA; or certain prescribed records. |
| Public Records Office | For the better preservation management and utilisation of the public records of the State there has been established an Office known as the Public Records Office.
PRA s. 3 |
| public sector | The sector that comprises the public service, public entities, and special bodies
PAA s. 4(1) |
| Public Sector Agency | For the purposes of the Standing Directions of the Minister for Finance, Government Departments and public bodies are collectively termed “Public Sector Agencies”.
Clause 1.1 of the Standing Directions of the Minister for Finance |
| public sector body Head | In relation to a public service body, the public service body Head; in relation to a public entity, the public entity Head; in relation to a special body, the special body Head.
PAA s. 4(1) |
| public sector employee | An employee; or a person employed by a public entity or special body.
PAA s. 4(1) |
| public sector employment principles | The principles set out in s. 8 of the PAA.
PAA s. 4(1),8
As set out in s. 8 the principles are: employment decisions are based on merit; public sector employees are treated fairly and reasonably; equal employment opportunity is provided; public sector employees have a reasonable avenue of redress against unfair or unreasonable treatment; in the case of public service bodies, the development of a career public service is fostered. |
| Public Sector Standards Commissioner | Member of SSA who performs role 2 of the SSA, ie to promote high standards of integrity and conduct in the public sector
PAA ss. 61, 62 |
| public service | The public service of Victoria, ie the persons employed under Part 3 of the PAA
PAA ss. 4(1), 9 |
| public service body | A Department; or Administrative Office; or the SSA
PAA s. 4(1) |
| public service body Head | In relation to a Department, the Head of that Department; or in relation to an Administrative Office, the Head of that Administrative Office; or in relation to the SSA, the CEO of that Authority.
PAA s. 4(1) |
| public statutory authority | In the Audit Act an authority established by legislation. |
| Public Statutory Body | In the Ombudsman Act is a body of persons, whether corporate or unincorporate, constituted or established under an Act for a public purpose, in respect of which the Governor in Council or a Minister has a right to appoint all or some of its members and includes State Trustees.
Ombudsman Act s. 2 |
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q
| Term | Meaning |
| quasi-judicial Board | A Board with tribunal-like powers. It makes administrative decisions which might in other circumstances be made by a court. Such Boards are created to deal with disputes or to make legal determinations more quickly and with less formality than a court. |
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s
| Term | Meaning |
| small entity | A public entity that satisfies any criteria relating to assets, income or turnover prescribed for this purpose; or which has no control over the expenditure of public funds. It does not include a public entity, or a class of public entity, that is declared under section 75(c) of the PAA not to be a small entity for the purposes of Part 5 of the PAA.
Public Administration Act 2004 s. 4(1) |
| SOEA | State Owned Enterprises Act 1992 |
| special body | A department of the Parliament of Victoria; the Electoral Boundaries Commission; the office of the Health Services Commissioner; the office of the Ombudsman; the Office of Police Integrity; the office of the Privacy Commissioner; the State Coroner's Office; VCAT; the Victorian Auditor-General's Office; the Victorian Electoral Commission; Victoria Police; a body that is declared by an Order by the Governor in Council to be a special body for the purposes of the PAA.
An Order cannot be made in relation to an exempt body.
The Governor in Council may, by Order declare a body specified above not to be a special body for the purposes of the PAA.
PAA s. 6 |
| special body Head | CEO (by whatever name called) of a special body.
PAA s. 4(1) |
| special inquiry | An inquiry into a public service body, public entity or special body conducted by the SSA under s. 52 of the PAA |
| SSA | State Services Authority established by Division 1 of Part 4 of the PAA
Functions in Division 2 of Part 4 of the PAA |
| stakeholder | A party which has an interest in the work of an entity. |
| stakeholder Minister | A Minister who is a stakeholder in relation to a public entity or a particular public entity project. |
| stakeholder organisation | An organisation that is a stakeholder in relation to a public entity or a particular public entity project. |
| stakeholder representative | A Board member who represents a stakeholder in their Board work. |
| State | State of Victoria |
| State body | Under the State Owned Enterprises Act 1992 (SOEA) the Governor in Council, by Order published in the Government Gazette, may establish, for the purposes of the SOEA, a State body by a name specified in the Order. A State body established under this section is a body corporate with perpetual succession.
SOEA ss. 3, 14 |
| State business corporation | A statutory corporation declared by Order in Council under s. 17 of the SOEA to be a State business corporation.
SOEA s. 3 |
| State owned company | A company declared by Order in Council under s. 66 of the SOEA to be a State owned company
SOEA s. 3
For such an Order the shares in the company must be held only by one or more of the State, a nominee of the State, a statutory corporation, a nominee of a statutory corporation, a State owned company or a nominee of a State owned company (SOEA s. 66).
Under SOEA s. 69, the principal objective of each State owned company is to perform its functions for the public benefit by operating its business and pursuing its undertaking as efficiently as possible consistent with prudent commercial practice and maximising its contribution to the economy and well being of the State. |
| state owned enterprise | Is a State business corporation or a State owned company or a State body.
SOEA s. 3 |
| State Services Authority | Authority established by Division 1 of Part 4 of the PAA
Functions in Division 2 of Part 4 of the PAA |
| statement of corporate intent | A corporate document first required of certain entities under the SOEA. They are now used more widely. They consist, in respect of the financial year to which one relates and for each of the two following financial years, the objectives of the corporation and of its subsidiaries; the main undertakings of the corporation and of its subsidiaries; the nature and scope of the activities to be undertaken by the corporation; the accounting policies to be applied in the accounts; the performance targets and other measures by which the performance of the corporation and of its subsidiaries may be judged in relation to their stated objectives; the kind of information to be provided to the Treasurer and the portfolio Minister by the corporation during the course of those financial years, including the information to be included in each half-yearly report; such other matters as may be agreed on by the Treasurer, the portfolio Minister and the Board from time to time.
SOEA s. 42 |
| statutory corporation | A body with its own legal identity created by legislation. |
| statutory instrument | An instrument promulgated under legislation. |
| statutory office | An office established by or under an Act to which the right to appoint is vested in the Governor in Council or a Minister.
PAA s. 4(1) |
| subordinate instrument | See legislative instrument |
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| Term | Meaning |
| unincorporated association | An association or body which exists legally only through those who belong to the association. A partnership is an example of an unincorporated association.
See body corporate. |
v
| Term | Meaning |
| VCAT | Victorian Civil and Administrative Tribunal |
| Victorian WorkCover Authority | Manages Victoria's workplace safety system. It promotes a culture of safety through public awareness programs, education and other communication activities. |
| VMIA | Victorian Managed Insurance Authority |
| VMIA Act | Victorian Managed Insurance Authority Act 1996 |
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