Individuals taken to be public officials
70 Individuals taken to be public officials
If:
an authorised officer of an agency believes, on reasonable grounds, that an individual has information that concerns disclosable conduct; and
apart from this subsection, the individual was not a public official when the individual obtained the information; and
the individual has disclosed, or proposes to disclose, the information to the authorised officer;
the authorised officer may, by written notice given to the individual, determine that this Act has effect, and is taken always to have had effect, in relation to the disclosure of the information by the individual, as if the individual had been a public official when the person obtained the information.
The authorised officer may make the determination:
on a request being made to the authorised officer by the individual; or
on the authorised officer’s own initiative.
If the individual requests an authorised officer of an agency to make the determination, the authorised officer must, after considering the request:
make the determination, and inform the individual accordingly; or
refuse to make the determination, and inform the individual of the refusal and the reasons for the refusal.
This section does not apply if the individual is:
a judicial officer; or
a member of a Royal Commission; or
a member of Parliament; or
a person employed under the Members of Parliament (Staff) Act 1984.
A determination under this section is not a legislative instrument.
This Act’s bill:Explanatory memorandumSecond reading speech
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