Statutory compliance

Compliance with the Aboriginal Heritage Act

Under section 192 of the Aboriginal Heritage Act 2006 (the Act), the Secretary must report on the operation of the Act including:

• the exercise and performance by authorised officers of their powers, functions and duties under the Act
• any complaints received in relation to authorised officers
• actions taken to address those complaints.

The Act establishes the role of authorised officers and makes provision for appointing authorised officers. The key functions to be carried out by an authorised officer include:

• monitoring compliance with the Act
• investigating suspected offences against the Act
• directing the conduct of a cultural heritage audit to assess the impact of an activity on Aboriginal cultural heritage
• issuing and delivering stop orders without formal approval if there are reasonable grounds for believing that Aboriginal cultural heritage is under threat from an activity.

As of 30 June 2025:

• 29 authorised officers, all DPC employees, are appointed under the Act
• 14 Aboriginal heritage officers, all employees of a Registered Aboriginal Party, are also appointed under the Act.

All appointees have successfully completed a Certificate IV in Government Investigations within the past five years and receive ongoing training about the operation of the Act. There was one complaint made about an authorised officer during this period, however the claim was unsubstantiated and no action taken.

In 2024-25 authorised officers exercised their powers, functions and duties as set out on the following page.

Information on the exercise and performance by authorised officers of their powers, functions and duties under the Aboriginal Heritage Act

Full details of all powers and functions exercised by authorised officers in previous years can be requested via email to the Director, Heritage Services, First Peoples – State Relations at aboriginal.heritage@dpc.vic.gov.au.

Competitive Neutrality Policy

Competitive neutrality requires government businesses to ensure that where services compete, or potentially compete, with the private sector, any net advantage arising from government ownership is accounted for if it is not in the public interest.

Government businesses are required to set a competitively neutral price, which accounts for any net advantage that comes from public ownership. Competitive neutrality policy supports fair competition between public and private businesses and provides government businesses with a tool to enhance decisions on resource allocation. This policy does not override other policy objectives of government and focuses on efficiency in the provision of service.

DPC continues to ensure Victoria fulfils its requirements on competitive neutrality reporting as required under the Competition Principles Agreement and Competition and Infrastructure Reform Agreement.

Compliance with the Building Act

DPC complied with the building and maintenance provisions of the Building Act 1993 during the reporting period.

DPC, through the Office of the Governor, manages Government House and its outbuildings. There are several mechanisms for inspection, reporting and carrying out of maintenance works at this site including:

• regular property inspections conducted by staff, tenants and external contractors
• independent, formal condition audits undertaken every five years
• biennial site risk surveys by the Victorian Managed Insurance Authority
• onsite facilities managers addressing and prioritising maintenance issues and managing breakdown, preventative and cyclical maintenance contracts.

In 2024–25, DPC completed the following major work projects:

Major works projects (greater than $50,000)

For the 2024-25 reporting period, no buildings were required to be brought into conformity with building standards. Across the period, for buildings DPC owns or manages, none of the following were issued:

• building permits
• occupancy or certificates of final inspection
• emergency orders and building orders.

Compliance with the DataVic Access Policy

Consistent with the DataVic Access Policy issued by the Victorian Government in 2012, in 2024–25, DPC and its portfolio entities made 38 data sets available on the DataVic website. Information included in this annual report will also be available at www.data.vic.gov.au in electronic readable format.

Compliance with the Freedom of Information Act

The Freedom of Information Act 1982 gives the public a right to access documents held by DPC and DPC portfolio ministers. The purpose of the Act is to extend as far as possible the right of the community to access information held by government departments, local councils, ministers and other bodies subject to the Act.

An applicant has a right to apply for access to documents held by a department, which comprises documents both created and received by DPC. Other than regular electronic and paper records, applicants may also request access to documents such as maps, films, computer discs and tape recordings. Applicants may also request access to the official documents of a DPC portfolio minister.

The Act allows a department to refuse access, either fully or partially, to certain documents or information. Examples of documents that may not be accessed include Cabinet documents, certain internal working documents, law enforcement documents, documents covered by legal professional privilege, documents containing personal information, documents containing certain commercial and financial information, and information provided to DPC in confidence.

Under the Act, the Freedom of Information (FOI) processing time for requests received is 30 calendar days. However, when external consultation is required under sections 29, 29A, 31, 31A, 33, 34 or 35 of the Act, a 15-day automatic extension applies. Processing time may also be extended by periods of up to 30 days, in consultation with the applicant. With the applicant’s agreement this may occur any number of times. However, obtaining an applicant’s agreement for an extension cannot occur after the expiry of the timeframe for deciding a request.

If an applicant is not satisfied with an FOI decision, under section 49A of the Act they have the right to seek a review from the Office of the Victorian Information Commissioner within 28 days of receiving a decision letter.

FOI statistics

In 2024-25, DPC received 68 FOI requests for DPC documents, 16 requests for documents from the Office of the Premier, and four requests for documents from the Office of the Minister for Treaty and First Peoples. No requests were received for any other DPC portfolio ministers during the period

Of the total requests to DPC, the Office of the Premier and the Office of the Minister for Treaty and First Peoples, 45 were from members of parliament, seven from the media, and the remainder from the general public.

DPC made 71 access decisions on FOI requests to DPC in 2024–25. Of these, 49 per cent were made within the statutory period, 30 per cent were between 1 and 45 days overdue, 13 per cent were between 46 and 99 days overdue, and 8 per cent were 100 days or more overdue. DPC also made 16 access decisions on requests for the Office of the Premier and four access decisions on requests for the Office of the Minister for Treaty and First Peoples.

During the year, 13 DPC matters were referred to the Information Commissioner for review, and three complaints about DPC matters were made to the Commissioner. One Office of the Premier matter was referred for review, and five complaints about Office of the Premier matters were made to the Commissioner.

Making a request

Requests to access documents should be made in writing to DPC’s Freedom of Information Officer. The requirements of a request are set out in section 17 of the Act.

In summary, a request must:

• be in writing
• identify as clearly as possible the documents requested
• be accompanied by the appropriate application fee (which may be waived if it would cause hardship to the applicant).

Requests for documents in DPC’s possession must be addressed to:

Freedom of Information Officer
Department of Premier and Cabinet
GPO Box 4912
Melbourne VIC 3001

Requests can also be lodged via: online.foi.vic.gov.au. Access charges may apply once documents have been processed and an access decision has been made. For example, charges may be applied for costs associated with photocopying and for search and retrieval of documents.

More information about DPC’s FOI arrangements can be found at: www.vic.gov.au/foi-part-ii-statements.

Compliance with the Local Jobs First Act

The Local Jobs First Act 2003, introduced in August 2018, brings together the Victorian Industry Participation Policy (VIPP) and Major Project Skills Guarantee (MPSG) policy which were previously administered separately.

Departments and public sector bodies are required to apply the Local Jobs First Policy in
all projects valued at $3 million or more in metropolitan Melbourne or for statewide projects, or $1 million or more for projects in regional Victoria.

The MPSG applies to all construction projects valued at $20 million or more.

Projects commenced - Local Jobs First Standard

DPC did not commence any new Local Jobs First projects in 2024–25.

Projects completed - Local Jobs First Standard

During 2024-25, DPC completed one Local Jobs First Standard project, which was held statewide, totalling $1.78 million. The MPSG did not apply to this project.

The commitments made for the project were:

• an average of 97 per cent local content commitment
• a commitment to support a total of 10 jobs (annualised employee equivalent (AEE)) was made, including the creation of five new jobs and the retention of five existing jobs (AEE)
• one post-contract review has been submitted and is under review for this standard project.

Compliance with the Public Interest Disclosure Act

The Public Interest Disclosures Act 2012 encourages and assists people in making disclosures of improper conduct by public officers and public bodies. The Act protects people who make disclosures in keeping with the Act and establishes a system for the matters disclosed to be investigated and rectifying action to be taken.

DPC does not tolerate improper conduct by employees, nor the taking of reprisals against those who come forward to disclose such conduct. DPC is committed to ensuring transparency and accountability in administrative and management practices and supports the making of disclosures that reveal corrupt conduct, conduct involving a substantial mismanagement of public resources, or conduct involving a substantial risk to public health and safety or the environment.

DPC will take all reasonable steps to protect people who make such disclosures from any detrimental action in reprisal for making the disclosure. DPC will also afford natural justice to the person who is the subject of the disclosure to the extent it is legally possible.

Reporting procedures

Disclosures of improper conduct or detrimental action by DPC or any employees may be made to any of the following departmental personnel:

• the Secretary of the department
• a public interest disclosure coordinator
• a director, indirect manager or supervisor of the discloser
• a person acting in any of the above roles.

Alternatively, a disclosure may be made directly to the Independent Broad-based Anti-corruption Commission (IBAC) at www.ibac.vic.gov.au/report. 

If you require assistance in submitting your complaint, please call IBAC on 1300 735 135.

More information

The Guide to Making and Handling Public Interest Disclosures, which outlines the system for reporting disclosures of improper conduct or detrimental action by DPC or any of its employees and/or officers, is available on DPC’s website: https://www.vic.gov.au/dpc-public-interest-disclosures.

Disclosures under the Public Interest Disclosures Act

In 2024-25, one assessable disclosure was made to DPC and notified to IBAC. This is consistent with the one assessable disclosure made to DPC and notified to IBAC in 2023-24.