WoVG Legal Induction Program

Monday

Welcome and Introduction

Presenter: Matthew Hocking, Victorian Government Solicitor

The Government, its branches and where you fit in

• Overview of the Executive, Legislative and Judicial branches of government
• The role of each arm of government and how they interact with each other (including separation of powers and responsible government)
• Your obligations as a government employee

The public sector and public sector governance

• Public officials, the public service and the public sector
• Public sector accountability mechanisms
• The legislative foundation for public sector governance

Public sector decision-making

• Sources of decision-making power
• A framework for examining validity
• Reasons for decisions
• Judicial review of administrative decisions

Application of the Charter of Human Rights and Responsibilities Act 2006

• Overview of the Charter and how it applies to the Executive, Legislative and Judicial branches of government
• The obligation to give proper consideration to, and act compatibly with, human rights in everyday decision making - tips and traps
• Statements of Compatibility and Human Rights Certificates - what do they need to include? What if they are incompatible with human rights?
• The obligation to interpret legislation compatibly with human rights
• The remedies provision - when can someone bring a claim for a breach of their human rights?

Tuesday

Information sharing in government: Privacy and Freedom of Information

• Overview of the legislative landscape to protect personal information of individuals (including the Charter)
• Checklist to approaching how and when to share personal information
• Data protection obligations for Department Heads and meeting the Victorian Protective Data Security Standards
• How the Freedom of Information Act facilitates public access to information
• Exemptions under the Freedom of Information Act

The legislative process

• The key steps involved in making a law
• Subordinate instruments

Public sector employment

• The framework for employment in the public sector
• Instruments governing terms and conditions of employment
• Other statutory obligations of employing entities

Tuesday

Financial management - Principles of public finance law in Victoria

• The conceptual and legislative framework of public finance in Victoria

Litigation in the public sector: Setting the scene

• How to conduct public sector litigation and what constrains you?
• Who can assist you with civil litigation?
• Overview of the Victorian Courts & Tribunals
• Interlocutory stages in litigated disputes
• Costs of litigation

Important tips & tricks when litigating on behalf of government

• Disputes between Victorian Public Sector bodies
• "Discovery" of documents
• Responding to subpoenas
• Witness identification and preparation
• Alternative dispute resolution

Wednesday

Government Contracting: Procurement, funding and other arrangements

• What is procurement and which policies apply to government procurement?
• Issues to consider when undertaking a procurement activity
• Selecting the most appropriate contract to use for a procurement
• What is funding and how does it differ from procurement?
• Other forms of Agreements used in contracts
• Overview of Memoranda of Understanding (MoUs) and intergovernmental relationships

Your authorising environment: sources of power

• What can the public sector do and how?
• Legislative power - when can it be used and by who?
• Overview of delegations and authorisations
• Executive Power - when can it be used and by who? What limitations apply?
• What powers does a statutory body have?

Occupational regulation, enforcement and prosecutions: An overview

• What is regulation?
• Occupational regulation
• Enforcement tools
• The decision to prosecute
• Role of the prosecutor