The Legal Form and Governance Arrangements for Public Entities: Guidelines (revised May 2013) provide advice for Victorian Government employees on options for establishing a new public entity or reviewing existing public entities.
These guidelines were originally published in 2010. The revised version contains information updated to reflect machinery of government changes, effective at May 2013.
The guidelines propose a process for determining the most appropriate legal form and governance arrangements when establishing a public entity.
The process involves identifying the functions to be undertaken. It takes into consideration the most appropriate legal form and governance arrangements, and consulting and seeking approval for the entity. It is assumed that in creating a public entity, the government has decided to undertake a particular function and that this function is best performed by a public entity rather than a public service body (a department or administrative office).
These guidelines are not intended to be prescriptive; rather they provide a basis for informed decision making and the exercise of judgement by policy practitioners.
It is important to note that the intention of these guidelines is to inform decision makers considering the establishment of a new public entity or undertaking a review of an existing entity.
The intention of this resource is to assist with forward-looking analysis, not to critique existing arrangements which were the product of earlier policy environments. However, in discussing various types of entities reference is made to existing examples to illustrate the discussion.