Definitions
1 Definitions
In this Act—
access applicant means the applicant under an access application.
access application—see section 4.
ADR Act means the Administrative Decisions Review Act 1997.
agency—see section 4.
authorised objector—see section 56.
commercial-in-confidence provisions of a contract means any provisions of the contract that disclose—
the contractor’s financing arrangements, or
the contractor’s cost structure or profit margins, or
the contractor’s full base case financial model, or
any intellectual property in which the contractor has an interest, or
any matter the disclosure of which would place the contractor at a substantial commercial disadvantage in relation to other contractors or potential contractors, whether at present or in the future.
contractor, in relation to a government contract entered into by an agency, means the person with whom the agency has entered into the contract.
court includes—
a tribunal, a Judge of the Local Court and a coroner, and
a registry or other office of a court and the members of staff of that registry or other office.
disclose information includes make information available and release or provide access to information.
Note.
See also the definition of reveal.
disclosure log means a disclosure log kept by an agency under Part 3 (Open access information).
excluded information of an agency specified in Schedule 2 means information that relates to any function specified in that Schedule in relation to the agency.
exercise a function includes perform a duty.
function includes a power, authority or duty.
government contract means any of the following contracts between an agency and a private sector entity—
a contract under which a party agrees to undertake a specific project (such as a construction, infrastructure or property development project),
a contract under which a party agrees to provide specific goods or services (such as information technology services), other than a contract of employment,
a contract under which a party agrees to transfer real property to another party to the contract,
a lease of real property.
government information—see section 4.
Joint Committee means the Joint Committee under the Government Information (Information Commissioner) Act 2009.
judicial functions, in relation to a court, means such of the functions of the court as relate to the hearing or determination of proceedings before it, and includes—
in relation to a Judge of the Local Court—such of the functions of the judge as relate to the conduct of committal proceedings, and
in relation to a coroner—such of the functions of the coroner as relate to the conduct of inquests and inquiries under the Coroners Act 2009.
legislative instrument means a Public Act or an instrument made under a Public Act.
local authority means a council, county council or joint organisation within the meaning of the Local Government Act 1993.
NCAT means the Civil and Administrative Tribunal.
NCAT Act means the Civil and Administrative Tribunal Act 2013.
open access information—see Part 3.
person includes an agency, the government of another jurisdiction (including a jurisdiction outside Australia) and an agency of the government of another jurisdiction.
Note.
This definition does not limit the definition of person in the Interpretation Act 1987, which includes an individual, a corporation and a body corporate or politic.
personal information—see clause 4.
principal officer of an agency means the head or chief executive officer (however designated) of the agency or the person of greatest seniority in the agency, and includes the Minister in the case of an agency that is a Minister.
private sector entity means any person or body (whether incorporated or unincorporated) who or which is not an agency.
public authority—see clause 2.
public office—see clause 3.
Public Service agency means a Public Service agency under the Government Sector Employment Act 2013.
record—see clause 10.
reveal information means to disclose information that has not already been publicly disclosed (otherwise than by unlawful disclosure).
reviewable decision means a decision of an agency that is a reviewable decision under Part 5.
SOC means a State owned corporation.
State includes Territory.
working day means any day that is not a Saturday, Sunday, public holiday or any day during the period declared by the Premier as the Christmas closedown period.
This Act’s bill:Explanatory memorandumSecond reading speech
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