Human Rights Act 2019

In deciding whether a function of an entity is of a public nature for this Act, any of the following matters may be considered—

whether the function is conferred on the entity under a statutory provision;

whether the function is connected to or generally identified with functions of government;

whether the function is of a regulatory nature;

whether the entity is publicly funded to perform the function;

whether the entity is a government owned corporation.

Subsection (1) does not limit the matters that may be considered in deciding whether a function is of a public nature.

Without limiting subsection (1) or (2), the following functions are of a public nature—

the operation of a corrective services facility under the Corrective Services Act 2006 or another place of detention;

the provision of any of the following—

emergency services;

public health services;

public disability services;

public education, including public tertiary education and public vocational education;

public transport;

a housing service by a funded provider or the State under the Housing Act 2003.