Public sector organisations
5 Public sector organisations
(1) Subject to this section, a public sector organisation is any of the following:
an Agency;
a Government Business Division;
a Government owned corporation;
a local government council;
a statutory corporation;
(f) a person appointed, or body established, by or under an Act or by the Administrator or by a minister;
the Police Force of the Northern Territory;
a person holding an office or position under an Act;
a court of the Territory;
a tribunal of the Territory;
(k) a person or body declared by the Regulations to be a public sector organisation.
The following are not public sector organisations:
the Commissioner;
(b) a person or body declared by the Regulations not to be a public sector organisation.
The following are not Agencies:
an Agency that is a Government Business Division;
(b) if a Government Business Division forms part of an Agency – that part of the Agency.
(4) A Government Business Division or Government owned corporation is a public sector organisation for personal information only.
(4A) A public sector organisation may be declared by the Regulations to be a public sector organisation for personal information only.
This Act does not apply to:
a court in relation to its judicial functions; or
(b) except as expressly provided in Parts 7A and 8 – a tribunal in relation to its decision-making functions; or
(c) a coroner as defined in section 3 of the Coroners Act 1993 in relation to an inquest or inquiry under that Act; or
(d) the Local Court in relation to a preliminary examination under Part V of the Local Court (Criminal Procedure) Act 1928.
(6) For this Act, other than Part 2 (General principles about disclosure of information) and Part 9 (Records and archives management), a public sector organisation includes a minister, but only to the extent that the minister holds government information connected with his or her responsibilities as the holder of that office.
(6A) To avoid doubt, for Part 3, a minister and a member of the staff of a minister (each a ministerial entity) is not a public sector organisation in relation to recorded information in any form, (including data in a computer system), including a part or copy of that information, held by the ministerial entity that:
was created or received by the ministerial entity; and
(b) has not been shared with or provided to a public sector organisation other than another ministerial entity.
(7) A reference to a public sector organisation includes a reference to the following:
the chief executive officer of the organisation;
an officer, employee or agent of the organisation;
(c) a contract service provider to the extent of the services it provides under the service contract;
(d) an employee or agent of a contract service provider to the extent of the employee's or agent's involvement in collecting or handling personal information under the service contract;
(e) a person (other than a contract service provider) who provides services to the organisation under a contract between the organisation or the Territory and that person or another person to the extent of the services provided.
(8) A reference to a court or tribunal includes a reference to the following:
the members of the court or tribunal;
(b) the registrar (however described) and the other officers of the court or tribunal;
(c) the staff in the registry and other offices of the court or tribunal;
the personal staff of the members of the court or tribunal;
any other staff of the court or tribunal.
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