Legal

This section contains the following legal resources:

Freedom of Information

You have the right, under the Freedom of Information Act 1982, to apply for access to documents held by DPC and its agencies. A freedom of information request can be made online at the Victorian Government Freedom of Information website.

 

Machinery of Government

 

Machinery of Government refers to the allocation of functions and responsibilities between departments and ministers. In Victoria, these matters are the sole responsibility of the Premier.

 

General Orders

The Premier issues General Orders, which allocate responsibility for the administration of Acts of Parliament to ministers. A General Order is usually published after each election, or when large-scale changes are made, and is the guiding document for defining the Minister responsible for each piece of legislation and his/her ministerial powers and responsibilities.

Supplements to the most recent General Order can amend this allocation, or add responsibility for additional Acts of Parliament to ministers.

Acts are not allocated under General Orders where it is unnecessary, including where the responsible Minister is specified in the legislation and for private acts or spent legislation.

View Victorian Government General Orders and Supplements to General Orders

Public Administration Act 2004 Orders

Departments can be created, abolished and altered by an Order in Council under the Public Administration Act 2004. Staff and work units can also be transferred between departments by declaration of the relevant Minister. The relationship of ministers to departments is governed by convention and convenience, according to the Acts for which each Minister is responsible.

Administrative Arrangements Orders

Acts can include references to departments, ministers and other officers by titles that become incorrect when machinery-of-government changes are made. In order to address this problem, the Governor in Council may make Administrative Arrangements Orders under the Administrative Arrangements Act 1983. Periodically these changes are codified by Statute Law Reform Acts, and the references are formally amended.

Protected Disclosures

Anyone has the right to make a complaint or allegation about corrupt or improper conduct by a public officer or body, including police. Unless the complaint or allegation is already in the public domain (i.e. in the media), it can be made as a protected disclosure.

The Protected Disclosure Act 2012 is designed to help people make disclosures about improper conduct within the public sector without fear of reprisal. The Act aims to make the public sector more open and accountable by encouraging people to make disclosures and protecting them when they do.

DPC is committed to the aims and objectives of the Act. In accordance with Section 58 of the Act, DPC has established procedures to facilitate the making of protected disclosures under the Act, and for the handling of those disclosures, and protection of individuals from detrimental action taken in reprisal for a person having made a disclosure.

DPC's protected disclosure procedures explain how to make a protected disclosure to DPC.

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About the Protected Disclosure Act 2012

The Protected Disclosure Act 2012 came into effect on 10 February 2013. It repeals and replaces the Whistleblowers Protection Act 2001.

The new Act simplifies and streamlines the protected disclosure regime and establishes the Independent, Broad-based Anti-corruption Commission (IBAC) as the clearing house for protected disclosures.

The purpose of the Act is:

  • to encourage and facilitate disclosures of improper conduct by public officers, public bodies and other persons and detrimental action taken in reprisal for a person having made a disclosure

  • to provide protection for persons who make those disclosures and persons who may suffer detrimental action in reprisal for those disclosures

  • to provide for the confidentiality of the content of those disclosures and the identity of persons who make those disclosures.

More information about protected disclosure and the Protected Disclosure Act 2012 is available at the IBAC website.

DPC's Protected Disclosure Officers:

Jennifer Barton, Protected Disclosure Officer
Office of the General Counsel
Department of Premier and Cabinet
GPO Box 4912
MELBOURNE VIC 3001
Telephone: 9651 1902
Email: jennifer.barton@dpc.vic.gov.au

Mathew Bock, Protected Disclosure Officer
Office of the General Counsel
Department of Premier and Cabinet
GPO Box 4912
MELBOURNE VIC 3001
Telephone: 9651 1318
Email: mathew.bock@dpc.vic.gov.au


Last updated on Friday, 30 October 2015