Right to Information Act 2009

An entity may be declared by regulation to be a public authority for this Act.

The Minister may recommend to the Governor in

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;

is established under an Act;

is given public functions under an Act; and

considers it is in the public interest for the entity to be declared as a public authority for this Act.

In deciding whether it would be in the public interest for the entity to be declared as a public authority for this Act, 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

any other relevant matter.

Also, for subsection (1), an entity may be declared by regulation to be a public authority for this Act in relation to only a part of the entity’s functions.