Victorian Current Acts Victorian Current Acts(1) This section applies to—
S. 322(1)(a) amended by No. 85/2006 s. 127.
(a) officers of an Authority other than a Catchment Management Authority; and
(b) officers or employees of a council that is an Authority who are employed solely, mainly or partly to perform duties for or in connection with the exercise by the council of any powers, functions or duties conferred on it by or under this Act; and
S. 322(1)(ba) inserted by No. 25/2001 s. 12(1)(a).
(ba) officers or employees of a Catchment Management Authority that is an Authority who are employed solely, mainly or partly to perform duties for or in connection with the exercise by the Catchment Management Authority of any powers, functions or duties conferred on it by or under this Act; and
S. 322(1)(c) amended by No. 25/2001 s. 12(1)(b).
(c) officers or employees of a council or Catchment Management Authority who carried out duties for or on behalf of an abolished Authority immediately before its abolition—
if the Minister has made an Order under section 98(1) in respect of that Authority.
(2) The Minister may determine guidelines as to—
(a) the salaries, wages or other remuneration of people to whom this section applies; and
(b) the terms and conditions of service or employment of people to whom this section applies; and
(c) the payments to be made, or benefits to be provided, to people to whom this section applies who are dismissed from their employment because of redundancy.
(3) Any guidelines determined by the Minister under subsection (2) may be determined so as to apply—
(a) generally or in specified cases or in a specified class of case or specified classes of cases; and
(b) to all people to whom this section applies or to specified people or people included in a specified class of people; and
(c) at all times or at a specified time or specified times.
S. 322(4) substituted by No. 25/2001 s. 12(2).
(4) Before determining any guidelines under subsection (2), the Minister must consult any persons that appear to the Minister to represent the interests of Authorities, councils and Catchment Management Authorities and people employed by them respectively.
S. 322(4A) inserted by No. 25/2001 s. 12(2).
(4A) Before determining any guidelines under subsection (2) with respect to any officer or employee referred to in subsection (1)(c), the Minister must consult with—
S. 322(4A)(a) amended by No. 9/2020 s. 390(Sch. 1 item 111.3).
(a) in the case of an officer or employee of a council, the Minister administering the Local Government Act 2020 ; and
(b) in the case of an officer or employee of a Catchment Management Authority, the Minister administering the Catchment and Land Protection Act 1994 .
S. 322(5) substituted by No. 25/2001 s. 12(3).
(5) The Minister must serve a copy of all guidelines determined under subsection (2) on every Authority and—
(a) if the guidelines relate to an officer or employee of a council referred to in subsection (1)(c), the council; or
(b) if the guidelines relate to an officer or employee of a Catchment Management Authority referred to in subsection (1)(c), the Catchment Management Authority.
S. 322(6) substituted by No. 25/2001 s. 12(3).
(6) The Minister may at any time amend guidelines determined under subsection (2), and must serve a copy of every amendment on every Authority and—
(a) if the guidelines relate to an officer or employee of a council referred to in subsection (1)(c), the council; or
(b) if the guidelines relate to an officer or employee of a Catchment Management Authority referred to in subsection (1)(c), the Catchment Management Authority.
S. 322(7) amended by No. 25/2001 s. 12(4)(a)(b).
(7) Despite anything in this or any other Act to the contrary, every Authority and every council and Catchment Management Authority in respect of which an Order under section 98(1) is made and which has an officer or employee referred to in subsection (1)(c) must comply with any guidelines determined by the Minister under subsection (2), as amended from time to time under subsection (6), and those guidelines are in all respects binding on the Authority, the council or the Catchment Management Authority (as the case requires) and on all other persons affected by them.