Definitions
3 Definitions
In this Act:
Acting Commissioner means a person appointed under section 20.
acting in an official capacity, in relation to a person, means the person is exercising powers or performing functions under, or otherwise related to the administration of, this Act.
acting Integrity Officer means the following:
(a) an acting Health Complaints Commissioner appointed under section 58;
(b) an acting ICAC appointed under section 59;
(c) an acting Information Commissioner appointed under section 61;
(d) an acting Ombudsman appointed under section 62.
Auditor-General's Office, see section 3(1) of the Audit Act 1995.
Auditor-General's staff means:
(a) a public sector employee employed for the Auditor-General; and
(b) any consultants or other persons engaged by the Auditor‑General for the performance of the Auditor‑General's functions under the Audit Act 1995.
Australian parliament means:
the Legislative Assembly; or
(b) the Parliament of the Commonwealth or a State; or
(c) the parliament or legislature of another Territory.
Commissioner means the Integrity and Ethics Commissioner referred to in section 8.
community service, see section 4(1) of the Health and Community Services Complaints Act 1998.
corrupt conduct, see section 10 of the ICAC Act.
eligible person:
(a) for appointment as the Commissioner – see section 12(1); or
(b) for appointment as the Inspector – see section 27(4); or
(c) for appointment as an acting Health Complaints Commissioner under section 58(1) – see section 58(2); or
(d) for appointment as an acting ICAC under section 59(1) or (2) – see section 59(3); or
(e) for appointment as an acting Information Commissioner under section 61(1) – see section 61(2); or
(f) for appointment as an acting Ombudsman under section 62(1) – see section 62(2).
Health Complaints Commissioner, see section 4(2)(a).
health service, see section 4(1) of the Health and Community Services Complaints Act 1998.
ICAC Act, means the Independent Commissioner Against Corruption Act 2017.
IEC's Office, see section 9.
IEC personnel means the following:
the Chief Executive Officer;
(b) staff members as defined in section 4(1) of the Health and Community Services Complaints Act 1998 and consultants engaged under section 14(2) of that Act;
each member of ICAC staff;
(d) members of the staff of the Information Commissioner and consultants engaged under section 96(3) of the Information Act 2002;
(e) officers of the Ombudsman's office as defined in section 4 of the Ombudsman Act 2009 and any consultants or other persons engaged by the Ombudsman for the performance of the Ombudsman's functions under that Act;
(f) any other public sector employee employed for the Commissioner or the IEC's Office.
improper conduct, see section 9 of the ICAC Act.
Information Commissioner, see section 4(2)(c).
Inspector means the Integrity and Ethics Oversight Inspector referred to in section 23.
Inspector staff means a person referred to in section 32(1).
Integrity Act, see section 4(1).
Integrity Officer, see section 4(2).
item means a document or other thing.
judicial officer means any of the following:
a Supreme Court Judge;
a Local Court Judge;
an Associate Judge;
(d) a judicial officer acting as a coroner;
(e) a judicial officer performing duties as the President or Deputy President of NTCAT.
law enforcement agency means an entity, in the Territory or elsewhere in Australia, that has functions in relation to the investigation of offences or the prosecution of persons for offences.
member of ICAC staff, see section 4 of the ICAC Act.
Ombudsman, see section 4(2)(d).
premises includes:
land; and
(b) a permanent or temporary building or structure on land; and
(c) an aircraft, vehicle or vessel.
public body, see section 16(1) of the ICAC Act.
public officer, see section 16(2) of the ICAC Act.
questionable conduct means conduct that, though not amounting to improper conduct:
(a) is unreasonable, unjust, oppressive or improperly discriminatory in its effect; or
(b) arises, wholly or in part, from improper motives; or
(c) arises, wholly or in part, from a decision that has taken irrelevant matters into consideration; or
(d) involves a denial of procedural fairness; or
(e) arises, wholly or in part, from a mistake of law or fact; or
(f) is conduct of a kind for which reasons should have (but have not) been given.
recent political affiliation, see section 5.
superior Court means:
the Supreme Court; or
(b) a Supreme Court of a State or another Territory; or
(c) the High Court of Australia; or
(d) the Federal Court of Australia.
supplementary inspector, see section 53(1).
Note for section 3
The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.
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