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Administrative Office (AO) governance arrangements

Unlike public entities, AOs have relatively fixed governance arrangements. These arrangements are outlined below.

Relationship between the minister, Department Head and AO Head

AO Heads are responsible to both the minister and Department Head. The section below outlines their different roles.

Memorandum of Understanding

The portfolio department and the AO should enter into a Memorandum of Understanding (MOU) that sets out how they will work together, what assistance and resources the department will provide and how the AO will report to the department.

A template MOU is available from Governance Branch, DPC.

An MOU provides a formal documented agreement between two parties. It sets out a common understanding between the parties as a voluntary statement of intent and contains the serious commitment of both parties.

In general, the purpose of an MOU is to:

  • clarify the nature of the relationship between the parties
  • seek to foster a productive working relationship between the parties
  • clarify the accountability, functions and responsibilities of each party.

MOU between AO and department

An MOU between the AO and portfolio department formalises governance arrangements. This will clarify expectations for the AO and department. In addition to the purpose set out above, a MOU may:

  • establish communication processes, or briefing protocols
  • agree to the corporate costs charged to the public entity.

It should be:

  • circulated to relevant department and AO employees
  • regularly reviewed to ensure it meets both parties’ needs.

Ministerial Statement of Expectations

It is recommended that an AO’s portfolio Minister also writes to the AO Head to issue them with a Statement of Expectations within three months of establishment, and then periodically updates the Statement of Expectations at least once every three years.

At a minimum, an Statement of Expectations should cover the:

  • purpose and objectives of the AO
  • strategic priorities of the AO
  • performance targets and government priorities the AO is expected to work towards
  • reporting, resourcing, use of departmental corporate services and any other relevant matters
  • roles and responsibilities of the secretary and the AO Head, based on relevant legislation.

Considering that AOs inherently have overlapping reporting lines with the minister and department, the Statement of Expectations and the MOU between the department and AO should be consistent about what level of direct engagement the AO Head will have with the minister, and what should be filtered through the department.

Employment arrangements

All AO Heads are employed by the Premier under section 12(2) of the Public Administration Act 2004. An AO Head falls within the definition of a public service body Head, meaning the Head has powers to employ their own staff on behalf of the Crown.

How to classify the AO Head

To classify an AO Head, use the Victorian Public Service Executive Classification Framework. As the employer of the AO Head, the Premier will make the final determination of the classification of the position.

The Victorian Independent Remuneration Tribunal (VIRT):

  • determines the remuneration bands for executives employed in public service bodies <link>
  • issues guidelines on the placement of executives within remuneration bands.

If it proposed to pay the AO Head above the maximum of the relevant remuneration band, advice must be sought from VIRT.

Updated