Crime and Corruption Act 2001

Each of the following is a unit of public administration—

the Legislative Assembly, and the parliamentary service;

the Executive Council;

a department;

the police service;

a local government;

a corporate entity established by an Act or that is of a description of a corporate entity provided for by an Act which, in either case, collects revenues or raises funds under the authority of an Act;

a noncorporate entity, established or maintained under an Act, that—

is funded to any extent with State moneys; or

is financially assisted by the State;

a State court, of whatever jurisdiction, and its registry and other administrative offices;

another entity prescribed under a regulation.

However, none of the following is a unit of public administration—

the commission;

the parliamentary commissioner;

the entity consisting of—

the parliamentary commissioner; and

officers and employees of the parliamentary service assigned to the parliamentary commissioner; and

persons engaged to provide the parliamentary commissioner with services, information or advice;

an entity declared by an Act not to be a unit of public administration.

The Minister may recommend to the Governor in Council the making of a regulation under subsection (1)(h) prescribing an entity to be a unit of public administration only if the Minister—

is satisfied the entity—

is supported directly or indirectly by government funds or other government assistance; or

is an entity over which government is in a position to exercise control; or

is established under an Act; or

is given public functions under an Act; and

considers it is in the public interest for the entity to be prescribed as a unit of public administration.

In deciding whether it would be in the public interest for the entity to be prescribed as a unit of public administration, the Minister may have regard to each of the following matters—

if the entity is a company, whether it is a company limited by shares;

the size of the entity, having regard to the number of the entity’s employees or the entity’s turnover;

the purpose of the entity, including whether it is performing functions that are generally identified with the functions of government;

the extent to which functions of the entity have previously been performed by government;

the extent to which the entity has been the subject of an adverse comment by a regulatory or investigatory body such as the auditor-general or the commission;

any other relevant matter.

Also, for subsection (1)(h), an entity may be prescribed under a regulation to be a unit of public administration in relation to only a part of the entity’s functions.