Public entity functions can be performed by entities with a variety of legal forms: there is no simple system for matching functions and legal forms. Larger and more complex public entities may require larger Boards, while smaller public entities with limited functions and budgets may not require as many Board members. Company limited by guarantee These require specialist expertise and often companies need to employ a dedicated resource such as a company secretary to ensure compliance. Many possible forms including unincorporated body such as an advisory body and an incorporated body. When the Governor acts on advice given by the Executive Council. High degree of Ministerialcontrol over strategic directions and policy. This is particularly important for service delivery and some integrity related entities, as it may help to foster ‘brand recognition’ and improve the public profile of the entity. The relevant powers of employment for the Department Head and employees are set out in section 20 of Part 3 of the Public Administration Act. You can speak to us in English or ask for an interpreter. The different types of legislation are described further in section 4.2. In non commercial circumstances, the exercise of regulatory power may be directed at the behaviour of individuals. It covers: The Good practice guide on governance for Victorian public entities is available as a web guide on the VPSC website: www.vpsc.vic.gov.au/. Exercising regulatory power involves the use of legal instruments to achieve policy objectives and imposing an obligation on organisations or individuals engaged in some form of business. These include companies established under the Corporations Act, or incorporated associations. A declaration as a declared authority is extremely powerful because such a declaration can also potentially override other legislation and contractual provisions relating to the entity. In summary, the guidelines build on the Victorian Public Sector Commission’s (VPSC) governance work program and reviews of public entities and provide: Governance encompasses processes by which organisations are directed, controlled and held to account. This is particularly suitable for situations where the advice is only required for a limited time or where the nature of advice being sought may change. In 2018 we opened our US Office, in New York, United States. Requirements for companies with annual revenue less than $250,000 have recently been relaxed. Examples of regulatory activities include: Given that regulatory bodies make decisions that affect the rights of businesses and individuals, impartiality in decision making is of particular importance to avoid perceptions of favouritism and corruption. Administrative offices are part of the Crown and do not have a separate legal identity. Victorian Public Sector Commission 2006b, Welcome to the Board: Good practice guide to governance for Victorian public entities, Victorian Public Sector Commission, Melbourne. Service delivery entities are established to deliver essential services, such as health, education, transport and emergency services. The following points should be taken into consideration when considering the name of a public entity. the State Owned Enterprises Act 1992). May be volunteers, Departments or own staff who may be public servants, Departmental staff who are public servants, Do not usually require staff. You can also find more legal information at www.legalaid.vic.gov.au, Payments to lawyers and service providers, Grants of legal assistance – guide and application form (pdf, 144.38 KB), Recipient-created tax invoice agreement (doc, 55 KB), Centrelink consent and authority form (doc, 148 KB), Family Violence Protection Act worksheet (doc, 206 KB), Personal safety intervention order worksheet (doc, 347 KB), Children’s Court (Family Division) worksheet – Contested interim or final hearing exceeding 10 days (docx, 188.48 KB), Children, Youth and Families Act 2005 (child protection) worksheet – child applicant (doc, 234 KB), Children, Youth and Families Act 2005 (child protection) worksheet – parent or third-party applicant (doc, 378.5 KB), Children, Youth and Families Act 2005 (child protection) worksheet – responding to appeals or judicial review (doc, 213 KB), Cumulative time worksheet – current out-of-home care (doc, 66.5 KB), Cumulative time worksheet – past out-of-home care (doc, 45.5 KB), Early intervention and dispute resolution (adult) (doc, 378.5 KB), Information or location orders (Guideline 2.2) (doc, 243.5 KB), Litigation adults (Guidelines 1.3 & 1.11) (doc, 394.5 KB), Recovery order (Guideline 2.1) (doc, 244.5 KB), Request for overcap funding worksheet (docx, 131.94 KB), Paternity testing worksheet (doc, 212.5 KB), Brief analysis and case strategy (docx, 195.77 KB), Committal report and trial preparation plan (docx, 191.47 KB), Brief and handover to counsel (docx, 190.25 KB), After brief served checklist (doc, 263.5 KB), After committal to trial checklist (doc, 289.5 KB), Allocation checklist (sexual offences) (doc, 228 KB), After brief served checklist (sexual offences) (doc, 281.5 KB), Before committal checklist (sexual offences) (doc, 274 KB), After committal to trial checklist (sexual offences) (doc, 303 KB), Plea checklist (sexual offences) (doc, 252.5 KB), Pre-trial checklist (sexual offences) (doc, 291 KB), Post-plea checklist (sexual offences) (doc, 236.5 KB), Merits advice checklist and template (doc, 481.5 KB), Merits advice checklist only (doc, 268 KB), Merits advice fact sheet only (doc, 241 KB), Merits advice template only (doc, 263.5 KB), Major Criminal Cases Framework compliance guide (docx, 191.5 KB), Post-committal negotiation checklist (docx, 189.33 KB), Bail traffic consolidation worksheet (doc, 221 KB), Contested committals exceeding four days (docx, 189.04 KB), County Court appeal worksheet (doc, 205 KB), Instructing/co-counsel worksheet and attendance record (doc, 81 KB), Medical/psychologist/psychiatrist report worksheet (doc, 232 KB), Preparation fees worksheet (junior counsel) (xls, 51.5 KB), Preparation fees worksheet (counsel) (xls, 49.5 KB), Preparation fees worksheet (solicitor) (xls, 54 KB), Summary crime worksheet – state guilty (doc, 231.5 KB). The Executive Council consists of all Ministers and provides advice to the Governor. Choosing between a governance structure that uses a multi member Board or an individual appointment (for example, a corporation sole) is a key decision when creating or reviewing entities. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication. These guidelines propose a process for determining the most appropriate legal form and governance arrangements when establishing a public entity, and detail the practical matters that need to be considered. Advisory entities are a special case of public entity as they rarely have control over public funds or employ staff and have few, if any, powers of their own. Public entities established under the State Owned Enterprises Act must be given the power to employ in the establishing Order, or through a declaration as a declared authority under section 104 of the Public Administration Act. Statutory authority Departmental heads are appointed by the Premier and responsible to their Minister(s) for the management of the department and for advice on all matters relating to the department and related administrative offices. It also specifies that the Minister is responsible to Parliament for the public entity’s exercise of functions and the exercise of his/her powers to appoint or remove directors, review the entity’s management structure, direct the entity or exercise control over its operations. Generally have separate legal status to the Crown. This forms a statutory authority governed by an appointee.7. This chapter provides a profile of Victoria’s public sector as an important context for the guidance provided in subsequent chapters. Alternatively, you can complete the accessible Word version (375.88 KB) online, and email to grants@vla.vic.gov.au Company limited by shares These entities conduct significant revenue raising activities in the exercise of their functions. Policing (External link) Policing (External link) Department of Premier and Cabinet (DPC): DPC provides advice to the Premier from a whole of government perspective. While departments receive an annual budget appropriation allocated by Parliament, public entities typically have a variety of funding sources. Department of Premier and Cabinet, 2010, Appointment and Remuneration Guidelines for Victorian Government Boards, Statutory Bodies and Advisory Committees, . If a Board structure is selected, consideration must be given to the number and nature of appointments to the Board. They set out the circumstances under which the Treasurer will execute indemnities, and the circumstances under which statutory immunities can be used. The special body provision is a means to exempt these entities from particular types of reviews conducted by the VPSC (section 50 systems reviews or section 56 special reviews) and certain public sector values (section 7(3)), namely ‘providing frank, impartial and timely advice to government’ and ‘implementing government policies and programs equitably’. In general, entities with a stewardship function will operate without Ministerial direction for low level, day to day functioning, allowing local community involvement in decisions and operations. Thus a State owned company is only an appropriate legal form where the entity has full commercial objectives and where Parliamentary approval is not required. The next stage in establishing a public entity involves specifying the governance arrangements. Appendix D provides details of useful resources and whole of government policies. The application of these Acts and any specific obligations of a particular public entity will vary depending on the legal form, function and objectives of the entity. DEPI Body of appointed or elected members who oversee the activities of a company or organisation. A member of the government, appointed by the Premier to be responsible for a particular area of administration; he or she is also a member of Cabinet. It offers an alternative to the company form in terms of conferring the benefits of incorporation and limited legal liability for members. When selecting a legal form, the first step is to select between an incorporated or unincorporated body. A non statutory advisory body can be established by a Minister or the Governor in Council. In general, where it is proposed that a public entity should have the power to employ staff in its own right, rather than having staff made available by the portfolio department, it should have financial autonomy from the department. These all fall within the definition of a statutory authority in this document. Under the Act, directors of a company limited by shares have specific duties and responsibilities, including a duty to act in the interests of the company rather than the interests of shareholders. Victorian Public Sector Commission (VPSC): One of the VPSC’s roles is to promote high standards of governance, accountability and performance for public entities, and publish guidance material to assist public service and public sector bodies to achieve and maintain these standards. This variation in legal form is the outcome of decisions made by different governments in various policy contexts over many decades. It includes the processes whereby decisions important to the future of an organisation are taken, communicated, monitored and assessed. 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