PUBLIC ADMINISTRATION ACT 2004

INSTRUMENT OF DELEGATION BY THE SECRETARY TO THE

DEPARTMENT OF EDUCATION AND TRAINING

2017/D06

  1. PURPOSE

The purpose of this instrument is to delegate the powers and functions specified in Schedule 1 conferred on the Secretary to the Department of Education and Training by the Public Administration Act2004.

  1. AUTHORITY

This instrument is made under the powers conferred by section 18 of the Public Administration Act 2004.

  1. REVOCATION

All previous instruments of delegation that delegate any powers and functions are revoked to the extent that they delegate powers or functionsdelegated under clause 4 of this instrument.

  1. DELEGATION

(1)TheSecretary to the Department of Education and Trainingdelegates the powers and functions described in the 2nd and 3rdcolumns of schedule 1 to an employee occupying, or for the time being performing the duties of, the delegate level described in the 4thcolumn of schedule 1.

(2)A delegate may, subject to the limitations and conditions to which the delegation is subject under clause 6, sub-delegate that function to any other person or persons or body if such sub-delegation is permitted under the 5thcolumn of schedule 1.

(3)Schedule 2 identifies the offices nominated at each delegate level.

(4)The delegates are instructed to observe and comply with the limitations and conditions in clause 6of this instrument.

(5)Any delegation involving the expenditure of department funds is also subject to the Delegate having the relevant financial delegation to approve that level of expenditure under the Financial Management Act 1994.

(6)The failure of the delegate to observe or comply with a limitation referred to in clause 6does not, for that reason only, affect the validity of the exercise of the delegation.

  1. DEFINITIONS

In Schedule 1 to this Instrument:

“Act’ means the Public Administration Act 2004.

“Action” means a decision and includes refusal to take an action.

“Department” means the Department of Education and Training.

“Employee” means a non-executive employee, unless otherwise stated.

  1. GENERAL LIMITATIONS AND CONDITIONS

(1)This Delegation does not prevent the exercise, performance or discharge by the Secretary of a delegated power.

(2)In any particular case, where notice is given to a Delegate by the Secretary that the Secretary intends to exercise, perform or discharge a delegated power, the Delegate shall not commence, or shall immediately cease, to exercise, discharge or perform the delegated power.

(3)The delegate must:

(a)act in a manner consistent with the general duties and functions of the Secretary to the Department of Education and Training under the Public Administration Act 2004 and consistent with the objects and purposes of the Public Administration Act 2004;

(b)conform with any specific limitations imposed by the Secretary on the exercise of a delegated power or function including those published on the Department’s human resources website;

(c)not take any action inconsistent with:

  1. the Public Administration Act 2004;
  2. any applicable Commonwealth legislation, including any applicable Federal Award or Workplace Agreement;
  3. any applicable Victorian legislation, including any regulations or standards made under the Public Administration Act 2004;
  4. comply with the law on the exercise of delegated functions (in particular with the rules of administrative law);

(d)only exercise the delegation in respect of persons other than the delegate; and

(e)only exercise a delegated power for purposes that are directly related to the delegate’s functions and duties within the Department.

  1. DATE OF EFFECT

This instrument takes effect on and from the day it is made.

Dated this eleventhday ofDecember2017

GILL CALLISTER

Secretary

Department of Education and Training

1

SCHEDULE 1

PUBLIC ADMINISTRATION ACT 2004

DELEGATION OF POWERS, FUNCTIONS AND DUTIES

OF THE SECRETARY TOTHE DEPARTMENT OF EDUCATION AND TRAINING

TABLE OF CONTENTS

EMPLOYMENT AND RETIREMENT
PS 1.1 / Employ persons
PS1.2
PS 1.3
PS 1.4 / Administratively transfer employees
Transfer or promote employees
Assign duties to employees
PS 1.5 / Issue lawful instructions
PS 1.6 / Determine remuneration
PS 1.7 / Pay allowances
PS 1.8 / Approve the payment of overtime rates
PS 1.9 / Suspend employees with pay
PS 1.10 / Second employees
PS 1.11 / Authorise periods of leave
PROBATION
PS 1.12 / Extend a period of probation, confirm employment or terminate during probation.
TRANSFER OF EMPLOYEES
PS 1.13 / Transfer directed by a public service body Head
PS 1.14 / Approve transfer directed by a public entity Head
RESTRICTION OF EMPLOYEES DOING OTHER WORK
PS 1.15 / Grant permission for a full-time employee in other paid
employment
PS 1.16 / Grant permission for a full-time employee in any business
PS 1.17 / Form an opinion about a part-time employee in other paid
employment or any business
PS 1.18 / Withdraw permission for an employee in other paid
employment or any business
TERMINATION OF EMPLOYMENT
PS 1.19 / Terminate the employment of an employee
REVIEW OF ACTIONS
PS 1.20 / Decide whether or not to adopt a report of a review of actions
MISCONDUCT AND UNSATISFACTORY PERFORMANCE
PS 1.21 / Provide employee with opportunity to provide mitigating circumstances, and commence formal disciplinary process
PS 1.22 / Provide employee with opportunity to provide mitigating circumstances, and commence unsatisfactory work performance process
PS 1.23 / Direct employee to perform other work, not to speak to others and/or suspend with pay
PS 1.24 / Decide to proceed to outcome stage, following receipt of admission by employee
PS 1.25 / Advise employee of allegations in writing
PS 1.26 / Appoint person to conduct investigation
PS 1.27 / Propose and determine a disciplinary outcome
PS 1.28 / Advise complainant who is an employee of the outcome of a complaint
PS 1.29 / Implement an unsatisfactory work performance process
GENERAL
PS 1.30 / Direct the employee to provide a medical certificate

1

POWERS AND FUNCTIONS

Delegation

Reference No

/

Public Administration Act Reference

/

Description of Power/Function

/

Delegate Level and Limitation

/ Sub-Delegate
PS 1.1 / Public Administration Act
2004
Part 3-Public Service
Employment
Division 4-Employees
Section 20(1) –Employment &
retirement / Employ as many persons as are required for the exercise of the functions of the Department. /

Level 1

/ No
PS 1.2 / Public Administration Act
2004
Part 3-Public Service
Employment
Division 4-Employees
Section 20(1)-Employment &
retirement / Administratively transfer an employee to another position within the Department
Note:
It is Department policy that the administrative transfer of an employee to another Group within the Department must be approved by a Level 1 delegate in the Group from which the employee is being transferred and a Level 1 delegate in the Group to which the employee is being transferred. /

Level 1

/ No
PS 1.3 / Public Administration Act
2004
Part 3-Public Service
Employment
Division 4-Employees
Section 20(1)-Employment &
retirement / Transfer or promote an employee to an advertised position within the Department through a merit-based recruitment process /

Level 1

Level 2 / No
PS 1.4 / Public Administration Act
2004
Part 3-Public Service
Employment
Division 4-Employees
Section 20(1)-Employment &
retirement / Assign duties to employees consistent with their employment classification, skills and capabilities. /

Level 1

Level 2
Level 3 / Yes
PS 1.5 / Public Administration Act
2004
Part 3-Public Service
Employment
Division 4-Employees
Section 20(1)-Employment &
retirement / Issue lawful instructions that must be observed by employees. /

Level 1

Level 2

Level 3

Level 4

/ No
PS 1.6 / Public Administration Act
2004
Part 3-Public Service
Employment
Division 4-Employees
Section 20(1)-Employment &
Retirement /

Determine (with the approval of the Premier in the case of an executive) the remuneration (including an increase or reduction in remuneration) and other terms and conditions of employment of any individual employee.

/

Level 1

Level 2 / No
PS 1.7 / Public Administration Act
2004
Part 3-Public Service
Employment
Division 4-Employees
Section 20(1)-Employment &
retirement / Pay allowances, bonuses or gratuities to employees. / Level 1
Level 2 / No

Pay allowances for performance of higher duties.

/

Level 1

Level 2

/ Yes
No
PS 1.8 / Public Administration Act
2004
Part 3-Public Service
Employment
Division 4-Employees
Section 20(1)-Employment &
retirement /

Approve the payment of overtime rates or grant time in lieu of payment of overtime rates to eligible employees

/

Level 1

Level 2

/ No
PS 1.9 / Public Administration Act
2004
Part 3-Public Service
Employment
Division 4-Employees
Section 20(1)-Employment &
retirement / Suspend employees from duty with pay. /

Level 1

/ No
PS 1.10 / Public Administration Act
2004
Part 3-Public Service
Employment
Division 4-Employees
Section 20(1)-Employment &
retirement / Second employees to other bodies or take employees on secondment from other bodies. /

Level 1

Level 2

/ No
PS 1.11 / Public Administration Act
2004
Part 3-Public Service
Employment
Division 4-Employees
Section 20(1)-Employment &
retirement / Authorise periods of leave of absence for employees or make payments to employees in lieu of leave. /

Level 1

Level 2

/ Yes
PS 1.12 / Public Administration Act
2004
Part 3-Public Service
Employment
Division 4-Employees
Section 20(1)-Employment &
Retirement
Division 8 Termination
Section 33(1) – Termination of employment / Extend a period of probation or confirm the employment on completion of any period of probation. / Level 1
Level 2
Level 3
Level 4 / No
Terminate the employment of an employee during the initial probationary period, at the end of the period, or during or after an extension to the initial period due to conduct or performance issues. / Level 1

Level 2

/ No
PS 1.13 / Public Administration Act
2004
Part 3-Public Service
Employment
Division 6-Transfer of
employees
Section 28(1)-Transfer
directed by public service
body Head or public entity / Transfer an employee to another public service body or in a public entity with the approval of the Head of the other public service body or of the public entity concerned on terms and conditions of employment that are no less favourable overall. /

Level 1

/ No
PS 1.14 / Public Administration Act
2004
Part3-Public Service
Employment
Division 6-Transfer of
employees
Section 28(1A)-Transfer
directed by public service
body Head or public entity / Approve the transfer of an employee of a public entity to the Department, if a public entity considers it appropriate to do so, on terms and conditions of employment that are no less favourable overall. /

Level 1

/ No
PS 1.15 /

Public Administration Act

2004
Part 3-Public Service
Employment
Division 7-Restriction on
Employees Doing Other
Work
Section 32 (1)(a) /

Grant express permission

for a full-time employee to
engage in any other paid employment. /

Level 1

Level 2 / Yes
PS 1.16 /

Public Administration Act

2004
Part 3-Public Service Employment
Division 7-Restriction on Employees Doing Other Work
Section 32(1)(b) /

Grant express permission for a full-time employee to carry on any business, profession or trade

/ Level 1
Level 2 / Yes
PS 1.17 /

Public Administration Act 2004

Part 3-Public Service Employment
Division 7-Restriction on
Employees Doing Other
Work
Section 32 (2) /

Form the opinion that a part time employee engaged in other paid employment of carrying on a business, profession or trade is in conflict with the proper performance of the employee’s duties.

/

Level 1

Level 2 / Yes
PS 1.18 /

Public Administration Act

2004
Part 3-Public Service
Employment
Division 7-Restriction on Employees Doing Other Work
Section 32 (3) /

Withdraw by notice in writing permission to an employee to engage in any other paid employment or carry on any business, profession or trade.

/

Level 1

Level 2 / Yes
PS 1.19 / Public Administration Act
2004
Part 3-Public Service
Employment
Division 8-Termination
Section 33(1)-Employment &
retirement /

Terminate the employment of an employee.

/

Level 1

Level 2

/ No
PS 1.20 / Public Administration Act
2004
Part 3-Public Service
Employment
Division 4-Employees
Section 65(3)-Employment &
retirement /

Decide whether or not to adopt a recommendation made in a report of a review of actions.

/

Level 1

Level 2 / Yes
PS 1.21 / Public Administration Act
2004
Part 3-Public Service
Employment
Division 4-Employees
Section 20(1)-Employment &
retirement /

Prior to commencing a formal disciplinary process, provide the employee with an opportunity to provide details of any mitigating circumstances and an opportunity to seek advice, and provide the employee with a copy of the process being followed and explain the purpose of any meeting.

Commence a formal disciplinary process. /

Level 1

Level 2

/ Yes
PS 1.22 / Public Administration Act
2004
Part 3-Public Service
Employment
Division 4-Employees
Section 20(1)-Employment &
retirement /

Prior to commencing an underperformance or unsatisfactory work performance process,

provide the employee with an opportunity to provide details of any mitigating circumstances and an opportunity to seek advice, and provide the employee with a copy of the process being followed and explain the purpose of any meeting.

Commence an unsatisfactory work performance process.

/

Level 1

Level 2
Level 3
Level 4 / No
PS 1.23 / Public Administration Act
2004
Part 3-Public Service
Employment
Division 4-Employees
Section 20(1)-Employment &
retirement /

Following the commencement of a disciplinary process for misconduct or unsatisfactory work performance:

direct the employee to immediately perform alternative duties or work at an alternative place of work,

direct the employee to not to speak to any other employee or visit certain places,

suspend the employee with pay.

/

Level 1

Level 2

Level 3

Level 4

Except that Level 2, Level 3 and Level 4 delegates cannot suspend an employee with pay, and Level 3 and Level 4 delegates cannot direct the employee to work at an alternative place of work.

/ No
PS 1.24 / Public Administration Act
2004
Part 3-Public Service
Employment
Division 4-Employees
Section 20(1)-Employment &
retirement /

Decide to proceed to the determination of discipline outcome stage, following receipt of an admission by the employee of the allegations.

/

Level 1

Level 2

/ Yes
PS 1.25 / Public Administration Act
2004
Part 3-Public Service
Employment
Division 4-Employees
Section 20(1)-Employment &
retirement /

Advise the employee of the allegations in writing, in relation to a disciplinary process for misconduct or unsatisfactory work performance.

/

Level 1

Level 2

Level 3
Level 4 / No
PS 1.26 / Public Administration Act
2004
Part 3-Public Service
Employment
Division 4-Employees
Section 20(1)-Employment &
retirement /

Appoint a person to conduct an investigation, in relation to a disciplinary process for misconduct or unsatisfactory work performance.

/

Level 1

Level 2

/ Yes
PS 1.27 / Public Administration Act
2004
Part 3-Public Service
Employment
Division 4-Employees
Section 20(1)-Employment &
retirement /

Propose and determine one or more of the following discipline outcomes:

  • no action
  • performance management
  • formal counselling
  • formal warning
  • final warning
  • assignment of the employee with their agreement to a role at a classification level lower than the employee’s current classification level,
  • termination of employment, and

advise the employee of that outcome and place a copy on the employee’s file.

/

Level 1

Level 2

Provided that a Level 2 delegate has had no prior personal involvement in the matter.

/ No
PS 1.28 / Public Administration Act
2004
Part 3-Public Service
Employment
Division 4-Employees
Section 20(1)-Employment &
retirement /

Advise a complainant who is an employee of the outcome of a complaint.

/

Level 1

Level 2

Level 3

Level 4

/ No
PS 1.29 / Public Administration Act
2004
Part 3-Public Service
Employment
Division 4-Employees
Section 20(1)-Employment &
retirement /

Implement an unsatisfactory work performance process including adopting the following measures:

increased supervision

changes to the employee’s performance plan

mentoring

training and professional development

increased feedback

  • coaching
  • counselling
  • written warnings
  • decision to refer matter to formal discipline process.
/

Level 1

Level 2

Level 3

Level 4

/ No
PS 1.30 / Public Administration Act
2004
Part 3-Public Service
Employment
Division 4-Employees
Section 20(1)-Employment &
retirement /

Direct the employee to provide a medical certificate where there is a genuine concern about the employee’s capacity to undertake his or her duties.

/

Level 1

Level 2

Level 3

Level 4

/ No

1

SCHEDULE 2

OFFICES TO WHICH THE POWERS AND FUNCTIONS ARE DELEGATED

OFFICE

Level 1

All persons from time to time holding the position of Deputy Secretary in the Department of Education and Training

Chief Executive Officer, Victorian Curriculum and Assessment Authority

Director, Victorian Registration and Qualifications Authority

Senior Chairperson, Merit Protection Boards

Level 2

All persons from time to time holding the position ofAssistant Deputy Secretary, Chief Financial Officer, Chief Information Officer, Executive Director orRegional Director in the Department of Education and Training.

Chief Executive Officer, Victorian School Building Authority

Level 3

All persons from time to timeholding the position of Director, Area Executive Directoror Chief Accountantin the Department of Education and Training.

Level 4

All persons from time to time holding positions with management responsibilities in respect to a work area, with direct management responsibility for employees, provided the job classification of the person to whom the office or position applies is not less than VPS Grade 5 or equivalent level in the Department of Education and Training.

1