Regional Development Victoria Act 2002

i Regional Development Victoria Act 2002 Act No. 53/2002 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 2 3. Definitions 2 4. Regional Development Victoria 2 5. Functions and powers of Regional Development Victoria 3 6. Chief Executive 4 7. Functions, powers and duties of Chief Executive 5 8. Delegation 6 9. Acting Chief Executive 6 10. Ministerial directions 7 11. Regional Development Advisory Committee 8 12. Functions of Regional Development Advisory Committee 8 13. Terms and conditions of appointment of Committee members 9 14. Meetings of the Committee 9 15. Reporting 9 __________________ SCHEDULE—Councils 11 ═══════════════ ENDNOTES 12 -- 1 of 13 -- 1 Regional Development Victoria Act 2002 † [Assented to 4 November 2002] The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to establish a body to facilitate economic and community development in rural and regional Victoria to be known as Regional Development Victoria. Victoria No. 53 of 2002 -- 2 of 13 -- Act No. 53/2002 Regional Development Victoria Act 2002 2 2. Commencement (1) Subject to sub-section (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 July 2003, it comes into operation on that day. 3. Definitions In this Act— "Acting Chief Executive" means the person who is appointed under section 9 to be Acting Chief Executive of Regional Development Victoria; "agency" has the same meaning as in the Public Sector Management and Employment Act 1998; "Chief Executive" means the Chief Executive of Regional Development Victoria appointed under section 6; "rural and regional Victoria" has the same meaning as "regional Victoria" in the Regional Infrastructure Development Fund Act 1999. 4. Regional Development Victoria (1) There is established a body to be known as Regional Development Victoria. (2) Regional Development Victoria consists of— (a) the Chief Executive of Regional Development Victoria; (b) all persons employed under Part 3 of the Public Sector Management and Employment Act 1998 in an agency who are— s. 2 -- 3 of 13 -- Act No. 53/2002 Regional Development Victoria Act 2002 3 (i) seconded to Regional Development Victoria; or (ii) transferred to duties in Regional Development Victoria; or (iii) assigned work in Regional Development Victoria. 5. Functions and powers of Regional Development Victoria (1) Regional Development Victoria has the following functions— (a) facilitate new investment in rural and regional Victoria; (b) facilitate the operation and growth of existing businesses in rural and regional Victoria; (c) facilitate the creation of jobs within the private and public sector in rural and regional Victoria; (d) propose rural and regional infrastructure development opportunities; (e) facilitate the co-ordinated delivery of government programs, services and resources in rural and regional Victoria; (f) facilitate consultation between the public and private sector and communities about economic and community development in rural and regional Victoria; (g) administer money paid out of the Regional Infrastructure Development Fund in accordance with the Regional Infrastructure Development Fund Act 1999; (h) promote rural and regional Victoria as a place to invest, work and live in; s. 5 -- 4 of 13 -- Act No. 53/2002 Regional Development Victoria Act 2002 4 (i) report to the Minister about the state of rural and regional Victoria having regard to economic, social and environmental factors; (j) advise the Minister generally about matters relating to development in rural and regional Victoria and about any particular matters referred to the body by the Minister; (k) any other function that the Minister directs it in writing to perform; (l) any other function under this or any other Act. (2) Regional Development Victoria has power to do all things necessary or convenient to be done for or in connection with the performance of its functions. (3) Without limiting sub-section (2), Regional Development Victoria may— (a) request assistance or information from any public authority within the meaning of the Public Sector Management and Employment Act 1998; (b) engage consultants to assist it in the performance of its functions and the exercise of its powers. 6. Chief Executive (1) For the purposes of this Act, there is to be a Chief Executive of Regional Development Victoria. (2) The Governor in Council may appoint a person to be Chief Executive. (3) The Chief Executive holds office for a term, not exceeding 3 years, specified in his or her instrument of appointment, but is eligible for reappointment for a term not exceeding 3 years. s. 6 -- 5 of 13 -- Act No. 53/2002 Regional Development Victoria Act 2002 5 (4) The Governor in Council may specify the terms and conditions of appointment in the Chief Executive's instrument of appointment. (5) The Chief Executive is entitled to be paid the remuneration and allowances that are fixed from time to time by the Governor in Council. (6) The Chief Executive ceases to hold office if he or she is convicted of an indictable offence or an offence which if committed in Victoria would be an indictable offence. (7) The Governor in Council may remove the Chief Executive from office if he or she has refused, neglected or failed to carry out his or her duties or has demonstrated inefficiency or misbehaviour in carrying out his or her duties. (8) The Chief Executive may at any time resign by writing signed and delivered to the Governor in Council. 7. Functions, powers and duties of Chief Executive (1) The Chief Executive has all the functions and may exercise all of the powers of Regional Development Victoria. (2) The Chief Executive must advise the Minister about the development and implementation of economic and community development policy for rural and regional Victoria. (3) If the Minister gives written directions to the Chief Executive to perform his or her functions and exercise his or her powers in, and in relation to, a municipal district of a Council referred to in the Schedule the Chief Executive's functions and powers extend and apply to those districts. (4) The Chief Executive is responsible to the Secretary of the Department of Innovation, Industry and Regional Development for the s. 7 -- 6 of 13 -- Act No. 53/2002 Regional Development Victoria Act 2002 6 general conduct and management of the functions and activities of Regional Development Victoria and must advise the Secretary in all matters relating to that conduct and management. 8. Delegation The Chief Executive, by instrument in writing, may delegate to any person employed under the Public Sector Management and Employment Act 1998 any power under this Act, other than this power of delegation. 9. Acting Chief Executive (1) The Minister may appoint an Acting Chief Executive— (a) during a vacancy in the office of Chief Executive; or (b) during any period when the Chief Executive is absent or, for any reason, is unable to perform the functions of Chief Executive. (2) The Minister may— (a) appoint an Acting Chief Executive for a period not exceeding 6 months; (b) determine the terms and conditions of appointment of the Acting Chief Executive; (c) terminate the appointment of the Acting Chief Executive at any time. (3) An Acting Chief Executive is entitled to receive the remuneration and allowances that the Chief Executive would have been entitled to for performing the duties of office. (4) While a person is acting in the office of the Chief Executive in accordance with sub-section (1), the Acting Chief Executive has all the functions and powers of the Chief Executive. s. 8 -- 7 of 13 -- Act No. 53/2002 Regional Development Victoria Act 2002 7 (5) If a person is acting in the office of Chief Executive in accordance with sub-section (1)(b) and that office becomes vacant while that person is so acting, that person may continue to so act until the first of the following happens— (a) the Minister otherwise directs; (b) the vacancy is filled; (c) 6 months after the date on which the vacancy occurred. (6) The validity of anything done by or in relation to a person purporting to act in the office of Chief Executive under an appointment made under sub- section (1) shall not be called in question on the ground that— (a) the occasion for his or her appointment has not arisen; or (b) that there is a defect or irregularity in or in connection with his or her appointment; or (c) that the appointment had ceased to have effect; or (d) that the occasion for him or her to act had not arisen or had ceased. 10. Ministerial directions (1) The Minister may give written directions to Regional Development Victoria and the Chief Executive about the performance of the functions of Regional Development Victoria. (2) Without limiting sub-section (1), the Minister may give written directions to the Chief Executive to perform his or her functions and exercise his or her powers in, and in relation to, a municipal district of a Council referred to in the Schedule. s. 10 -- 8 of 13 -- Act No. 53/2002 Regional Development Victoria Act 2002 8 11. Regional Development Advisory Committee (1) There is to be a Regional Development Advisory Committee. (2) The Regional Development Advisory Committee consists of— (a) the Chief Executive who is to be Chairperson; and (b) no more than 6 other members appointed by the Governor in Council on the recommendation of the Minister. (3) The Governor in Council may appoint one of the members of the Committee to be Deputy Chairperson. (4) The Minister, in recommending people to be members of the Committee, must ensure that— (a) the majority of members are from rural and regional Victoria; (b) the members of the Committee have between them skills and knowledge in economic development, community development, finance and marketing; (c) at least one person represents employers; (d) at least one person represents employees. 12. Functions of Regional Development Advisory Committee The functions of the Regional Development Advisory Committee are to— (a) advise the Minister generally about matters relating to economic and community development in rural and regional Victoria and about any particular matters referred to the Committee by the Minister; s. 11 -- 9 of 13 -- Act No. 53/2002 Regional Development Victoria Act 2002 9 (b) support the Minister in promoting rural and regional Victoria as a place to invest, work and live in. 13. Terms and conditions of appointment of Committee members (1) A member of the Committee holds office for a term not exceeding 3 years specified in his or instrument of appointment and is eligible for re-appointment. (2) A member of the Committee is entitled to be paid the remuneration and allowances that are fixed from time to time by the Governor in Council. (3) A member of the Committee may at any time resign by writing signed and delivered to the Minister. 14. Meetings of the Committee (1) Meetings of the Committee must be held at least 4 times a year at places in Melbourne and rural and regional Victoria determined by the Committee. (2) The Chairperson must preside at any meeting of the Committee at which he or she is present. (3) If the Chairperson is absent a member elected by the members present must preside. (4) A majority of members currently in office constitutes a quorum for a meeting of the Committee. 15. Reporting (1) Regional Development Victoria must, within 3 months after the end of a financial year, submit a report to the Minister relating to the operation and performance of Regional Development Victoria as if it were an annual report of s. 13 -- 10 of 13 -- Act No. 53/2002 Regional Development Victoria Act 2002 10 operations under Part 7 of the Financial Management Act 1994. (2) The Minister must cause the report to be laid before each House of the Parliament on or before 31 October each year or, if a House is not then sitting, on the first sitting day of that House after 31 October. __________________ s. 15 -- 11 of 13 -- Act No. 53/2002 Regional Development Victoria Act 2002 11 SCHEDULE COUNCILS Cardinia Shire Council Casey City Council Hume City Council Melton Shire Council Mornington Peninsula Shire Council Nillumbik Shire Council Whittlesea City Council Wyndham City Council Yarra Ranges Shire Council ═══════════════ Sch. -- 12 of 13 -- Act No. 53/2002 Regional Development Victoria Act 2002 12 ENDNOTES † Minister's second reading speech— Legislative Assembly: 12 September 2002 Legislative Council: 17 October 2002 The long title for the Bill for this Act was "to establish a body to facilitate economic and community development in rural and regional Victoria to be known as Regional Development Victoria and for other purposes." Endnotes -- 13 of 13 --