Meaning of public body and public officer
16 Meaning of public body and public officer
Each of the following is a public body:
an Agency;
a local government council;
the Police Force;
a court;
(e) a board, commission, tribunal or other body established under an Act that has judicial or quasi-judicial functions in the performance of its deliberative functions;
a body, whether incorporated or not, established under an Act;
(g) a body whose members, or a majority of whose members, are appointed by the Administrator or a minister;
a government owned corporation;
a nursing home;
a public hospital;
a university;
any other body, whether incorporated or not:
that receives, directly or indirectly, public resources; or
(ii) performing a public function on behalf of the Territory, a public body or a public officer (whether under contract or otherwise).
(2) Subject to subsection (3), each of the following is a public officer:
a minister;
an MLA;
a judicial officer;
(d) the holder of an office established under an Act who is appointed by the Administrator or a minister;
a member, officer or employee of a public body;
(f) any other person engaged, whether under the Contracts Act 1978 or otherwise, by or on behalf of a person mentioned in paragraphs (a) to (e) in relation to the performance of official functions.
Examples for subsection (2)
Each of the following is a public officer:
a member of NTCAT
(b) a public sector employee;
a police officer;
(d) a statutory office holder;
(e) an adviser to, or electorate officer of, a minister or an MLA;
a local councillor;
(g) a local council employee.
The following are not public officers:
the Inspector;
(b) Inspector staff in relation to the performance of official functions for the Inspector;
(c) an acting ICAC appointed under section 59 of the IEC Act to conduct an investigation, in relation to the investigation;
(d) a member of ICAC staff assisting an acting ICAC appointed under section 59 of the IEC Act to conduct an investigation, in relation to the investigation.
In this section:
court means the Supreme Court or the Local Court.
nursing home, see section 5 of the Medical Services Act 1982.
Police Force, see section 4(1) of the Police Administration Act 1978.
public hospital means premises declared under section 6(2) of the Medical Services Act 1982 to be a hospital, other than a hospital conducted under a licence granted under the Private Hospitals Act 1981.
university means:
Charles Darwin University; or
Batchelor Institute of Indigenous Tertiary Education.
This Act’s bill:Explanatory statementSecond reading speech
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