Meaning of public entity
9 Meaning of public entity
Each of the following entities is a public entity—
a government entity within the meaning of the Public Sector Act 2022, section 276;
a public service employee;
the Queensland Police Service;
a local government, a councillor of a local government or a local government employee;
a Minister;
an entity established under an Act when the entity is performing functions of a public nature;
a member of a portfolio committee when the committee is acting in an administrative capacity;
an entity whose functions are, or include, functions of a public nature when it is performing the functions for the State or a public entity (whether under contract or otherwise);Example of an entity not performing functions of a public nature for the State—
A non-State school is not a public entity merely because it performs functions of a public nature in educating students because it is not doing so for the State.
a person, not otherwise mentioned in paragraphs (a) to (h), who is a staff member or executive officer (however called) of a public entity;
an entity prescribed by regulation to be a public entity.
A public entity includes—
a registered provider when the provider is performing functions of a public nature in the State; and
a non-State police officer, under the Police Service Administration Act 1990, section 5.17, while the officer—
is appointed as a special constable under section 5.16(1) of that Act; or
is authorised under section 5.17(2) of that Act to exercise the powers of a police officer; or
is exercising a power under another law of the State.
Also, a public entity includes an entity for which a declaration is in force under section 60.
However, a public entity does not include—
the Legislative Assembly or a person performing functions in connection with proceedings in the Assembly, except when acting in an administrative capacity; or
a court or tribunal, except when acting in an administrative capacity; or
an entity prescribed by regulation not to be a public entity.
In this section—
entity means an entity in and for Queensland.
registered provider means a registered provider of supports or a registered NDIS provider under the National Disability Insurance Scheme Act 2013 (Cwlth).
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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