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Government Appointments and Public Entities Database (GAPED) Administrative Guideline

This guideline explains what information Victorian Government departments must collect about government entities and appointments. As of 2 January 2019, departments are required to enter data about entities and appointments into the Government Appointments and Public Entities Database (GAPED).

An administrative guideline below explains what information departments need to include.

What is GAPED?

GAPED is a Victorian Government database maintained by the Victorian Public Sector Commission. GAPED is used to manage, keep track of and report on government entities and appointments. Some of this information is available on the Public Board Appointments Victoria website.

What are departments required to do?

Departments must:

If a department is not following the guideline, its secretary must explain why in writing to the Secretary of DPC.

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Government Appointments and Public Entities Database (GAPED) Administrative Guideline

  1. Introduction
  2. Victoria has a large number of non-departmental entities, which play an important role in service delivery, regulation, asset management, stewardship, and providing advice to government. Non-departmental entities include, but are not limited to, statutory authorities, state owned corporations, committees and councils, and panels.
  3. The Victorian Public Sector Commission (VPSC) administers the Government Appointments and Public Entities Database (GAPED), which is the central source of information used to manage, monitor and report on all non-departmental entities and public appointments in Victoria. GAPED is intended to provide accurate, comprehensive and current whole of Victorian Government information on non-departmental entities and appointments.
  4. GAPED data is currently used for a number of purposes, including:
  1. Departments are responsible for inputting information relating to appointments to entities within their portfolios and ensuring this information is kept up to date.
  2. Purpose of this Guideline
  3. This Guideline outlines the requirements for Departments to enter and maintain specified data in GAPED for non-departmental entities and appointments within their portfolios. This is to ensure that GAPED remains a reliable and comprehensive source of information on Victorian Government non-departmental entities and public appointments.
  4. Application and commencement
  5. This Administrative Guideline applies to all Departments.
  6. This Administrative Guideline commences from 22 March 2024.
  7. This Guideline is issued pursuant to section 36A of the Public Administration Act 2004. If a Department operates, or intends to operate, in a manner that is inconsistent with this Guideline, the Secretary of that Department is required by the Public Administration Act 2004 to provide written reasons for doing so to the Secretary, Department of Premier and Cabinet.
  8. Definitions
  9. Department means a Department existing by virtue of an Order made under section 10 of the Public Administration Act 2004.
  10. Mandatory Data Fields means the fields listed in Schedule 1. These fields are also marked as mandatory in the GAPED Data Specification.
  11. Mandatory Entities means:
  12. public entities (as defined by section 5 of the Public Administration Act 2004);
  13. special bodies (as defined by section 6 of the Public Administration Act 2004);
  14. statutory offices, being an office established by or under an Act to which the right to appoint is vested in the Governor in Council or a Minister (including VCAT and Court appointments);
  15. appointments to a panel or a pool from which a member or some of the members are drawn to undertake a hearing or assessment or provide advice as empowered by statute, on a case by case basis;
  16. prerogative offices, being an office under the Crown, other than a statutory office, to which the right to appoint is vested in the Governor in Council (for example, the Commissioner for Better Regulation);
  17. ministerial advisory committees, being:
  18. a committee established by a Minister that meets the definition of a public entity under section 5(1)(d) of the Public Administration Act 2004, or
  19. a committee that operates for a period longer than one year but does not meet the definition of a public entity only because it has not been declared as such in accordance with section 5(1)(d)(iii) of the Public Administration Act 2004;
  20. exempt bodies (as defined under section 4 of the Public Administration Act 2004) where the body has a board to which at least one member is appointed by a Minister or the Governor in Council (for example, Universities and inter-jurisdiction bodies such as the Australia and New Zealand School of Government); and
  21. bodies that are not public entities, that are a body corporate and have a board to which at least one member is appointed by a Minister or the Governor in Council (for example, Victorian Opera).

but excludes: 9. parliamentary committees; 10. local government; 11. school councils; and 12. Departments, Administrative Offices and a department of the Parliament of Victoria. 5. Departments are required to ensure GAPED is comprehensive and accurate

  1. Departments are required to complete all Mandatory Data Fields in GAPED in relation to Mandatory Entities and appointments to Mandatory Entities in their portfolio(s). An overview of the types of entities and appointments that need to be entered into GAPED is provided at Attachment A.
  2. To ensure GAPED is accurate and reliable, Departments must update GAPED within one month of any change to a Mandatory Entity or an appointment to a Mandatory Entity in their portfolio(s). For example:
  3. an entity being established;
  4. an entity being abolished or ceasing operation;
  5. an appointment commencing or coming to an end
  6. a change made to the terms of an appointment, including changes to an appointee’s remuneration (including application of any annual remuneration adjustment) or
  7. any other change that results in the data previously entered into GAPED being inaccurate or misleading.

Note that the VPSC will extract data from GAPED for reporting purposes on the first working day of each month.

  1. Mandatory Entities that are the responsibility of two or more departments
  2. If a Mandatory Entity is a portfolio entity of two or more Departments, the Departments must agree who will be responsible for entering entity and appointments data into GAPED.
  3. Departments are encouraged to complete the non-mandatory fields for entities
  4. In addition to the Mandatory Data Fields, Departments may complete non-mandatory data fields (as specified in the GAPED Data Specification). To ensure that GAPED is accurate and reliable, any change to data entered into non-mandatory fields must be updated within one month of that change.
  5. Non-mandatory entities may be added into GAPED 1. Departments may also enter data on other Ministerial or Governor in Council appointments, including to any related entities within their portfolio(s) that are not mandatory entities. If the entity is not a Mandatory Entity, information on members that are not appointed by the Minister or Governor in Council should not be included.
  6. To ensure GAPED is accurate and reliable, any change to data entered in relation to non-mandatory entities must be updated within one month of that change.
  7. Data on Departments, Administrative Offices and a department of the Parliament of Victoria should not be entered into GAPED.
  8. Privacy obligations
  9. Where the appointee has applied to a role via Join a Public Board, the Privacy Collection Notice on Join a Public Board informs the appointee how their personal information will be handled in accordance with the Privacy and Data Protection Act 2014.
  10. Where recruitment to a role has not been undertaken via Join a Public Board, Departments must ensure that the appointees’ personal information has been collected in accordance with the Privacy and Data Protection Act 2014.
  11. Data is to be entered consistently with the User Guide and Data Specification
  12. Data must be entered into GAPED consistently with the GAPED User Guide and the GAPED Data Specification. Copies of the GAPED User Guide and GAPED Data Specification can be obtained by contact the VPSC at reports@vpsc.vic.gov.au
  13. Support and training
  14. For information regarding GAPED, the interpretation of this Guideline or for training on the use of GAPED please contact the VPSC at reports@vpsc.vic.gov.au

SCHEDULE 1

MANDATORY DATA FIELDS

Board Summary information

Overview details

Entity name

Ministerial portfolio

Public Administration Act Status, i.e. public entity, Statutory Office, Special body, Exempt body etc

Purpose, i.e. a summary of the role or function of the body

DPC Board Classification

Maximum number of board members

Minimum number of board members

Body Commencement date

Body end date (if inactive)

Enabling legislation

Entity status

Region/Division (department)

Branch of Department, i.e. Branch of Department that is responsible for the Board

Public entity details

Relationship status, i.e. flag indicating if body is a subsidiary or parent of a subsidiary

Parent Board if Body is a subsidiary

Name of primary contact for board/entity. The contact should have a direct relationship with the board. i.e. the secretariat, relationship manager, or CEO.

Primary Contact:

Chief Executive Officer name (Only mandatory where an entity has a Chief Executive Officer)

Member / Candidate details

Salutation

First name

Last name

Date of Birth

Email

Home postcode

Gender

Aboriginal, Torres Strait Islander

Disability status

Country of birth

Parents’ country of birth

Languages other than English spoken at home

From a culturally and/or linguistically diverse background?

Identify as lesbian, gay, bisexual, trans or gender diverse, queer or intersex (LGBTIQ+)

Appointment information

Position details

Position type, i.e. Chair or member

Position title

Nominated by, i.e., source of appointment nomination e.g. Minister, Board etc

Work Type, Full time or part time

Position status, Active or inactive

Appointment details

Chair start date, i.e. date when appointee commenced as chair

Chair end date, i.e. date appointment ends as chair

Appointee name

Type of appointment, i.e. Appointed, elected, ex officio

Appointed by, i.e. Minister, GIC etc

Public Sector employee, i.e. flag to indicate the appointee a public sector employee

Appointment start date

Appointment end date

Remuneration (amount)

Remuneration frequency

Visible to the Public, i.e. flag to indicate that details can appear on the public access Public Boards and Appointments Victoria (PBAV) site

Attachment A: Overview of data that must be recorded in GAPED

After a Mandatory Entity is entered into GAPED, Departments must add information about appointments to that entity. For the purposes of this Guideline, the term ‘appointments’ refers to all individuals that are members of the entity, regardless of the mechanism through which they are made a member. For example, elected members, or members that are nominated by a non-government organisation, are included as appointments. Ex-officio members (individuals that are automatically members of the entity by virtue of another position they hold) are also included as appointments.

Exceptions to this approach apply to exempt bodies and bodies that are management or governance boards but not public entities (see examples below). Only appointments made by a Minister or Governor in Council to these entities should be entered into GAPED.

The below table provides examples of Mandatory Entities and appointments that must be entered into GAPED. The examples provided are non-exhaustive and are for illustrative purposes only

Open all

Appointments

All members of the board, panel or committee including any:

Example entities

Example scenarios

Scenario: A Victorian Act establishes Panel X, which is a public entity under the Public Administration Act 2004. Panel X consists of four individuals appointed by the Governor in Council and a departmental Secretary (an ex- officio appointment).

Application: As Panel X is a public entity under the Public Administration Act 2004, it is a Mandatory Entity and must be entered into GAPED. The four individuals appointed by the Governor in Council, and the departmental Secretary, all need to be entered into GAPED as appointments to Panel X.

Scenario: A Victorian Act establishes Body Corporate Y which is a special body under the Public Administration Act 2004. All the directors of Body Corporate Y are appointed by the Minister. Body Corporate Y employs a Chief Executive Officer and five employees.

Application: As Body Corporate Y is a special body under the Public Administration Act 2004, it is a Mandatory Entity and must be entered into GAPED (including completing the ‘Chief Executive Officer name’ data field). The members of the board of directors all need to be entered into GAPED as appointments to Body Corporate Y. The Chief Executive Officer and other employees are public sector employees of Body Corporate Y and are not “appointments” to Body Corporate Y for the purposes of this Guideline. They do not need to be entered into GAPED as appointments

Appointments

The holder(s) of that office

Example of entities

Example scenarios

Scenario: A Victorian Act establishes the Office of Commissioner Z, which is composed of a single individual appointed as Commissioner.

The Commissioner is appointed by the Governor in Council on the recommendation of the Minister.

Application: As the Office of Commissioner Z is a statutory office, it is a Mandatory Entity and must be entered into GAPED.

The individual appointed as Commissioner needs to be entered into GAPED as an appointment to the office.

Scenario: A Victorian Act establishes the Office of Commissioner A, which is composed of an individual appointed as Commissioner and two individuals appointed as Deputy Commissioners.

Application: As the Office of Commissioner A is a statutory office, it is a Mandatory Entity and must be entered into GAPED.

The individuals appointed as Commissioner and Deputy Commissioners must be entered into GAPED as appointments to the office.

Appointments

All members of the committee, including any:

Example entities

Example scenarios

Scenario: A Minister establishes Advisory Committee B, which has a term exceeding one year. Advisory Committee B includes four individuals appointed by the Minister and two individuals chosen by non-government organizations.

Application: Advisory Committee B is a Mandatory Entity and needs to be entered into GAPED.

All six members need to be entered into GAPED as appointments to Advisory Committee B.

Appointments

The people appointed to serve as a member of a panel who are then called upon from time to time as required to sit on a temporarily constituted hearing board or to provide advice.

Example entities

Example scenarios

Scenario: A Victorian Act provides for a number of people to be appointed by the Minister to a panel from which individuals or groups of individuals are selected to form a hearing board that sits on a specified day or set of days.

Scenario: A Victorian Act provides for the Minister to appoint suitably qualified persons to a panel of experts who may be called upon to provide expert advice as and when required by the Minister.

Application: As a member of a panel established under legislation and appointed by the Minister the person is a statutory appointee and must be entered into GAPED.

Appointments

Any member who is appointed by the Governor in Council or a Minister

Example entities

Example scenarios

Scenario: Universities are listed as exempt in section 4 of the Public Administration Act 2004 and are therefore not public entities

Application: The Minister and Governor in Council appoints members to the University Council. Those members are required to be entered in GAPED. The remaining members should not be entered into GAPED.

Scenario: A body is established as a company under corporations law, or as an incorporated association, or through an inter-government agreement, and has board members appointed by a Victorian Minister as well as members appointed by other government(s).

Because the board includes members appointed by other governments, it is exempt under section 4 of the Public Administration Act 2004 and is therefore not a public entity.

Application: The board and the members appointed by the Victorian Minister are required to be entered in GAPED. The remaining members should not be entered into GAPED.

Appointments

Any members appointed by the Governor in Council or a Minister

Example entities

Example scenarios

Scenario: An entity is a body corporate established by the Victorian government and has at least half its members appointed by the Minister or Governor in Council but does not undertake a public function on behalf of the state.

Application: The board and the members appointed by the Minister or Governor in Council are required to be entered in GAPED. The remaining members should not be entered into GAPED.

Scenario: An entity is a body corporate established by the Victorian government but does not have half its members appointed by either a Victorian Minister or Governor in Council.

Application: The board and the members appointed by either the Governor in Council or a Minister are required to be entered in GAPED. The remaining members should not be entered into GAPED.

Governance

Updated 31 December 2024



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