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PUBLIC INTEREST DISCLOSURE ACT 2013 - SECT 69

Public officials

  (1)   For the purposes of this Act:

  (a)   a public official means an individual mentioned in column 1 of an item of the following table; and

  (b)   the public official belongs to the agency mentioned in column 2 of the item.

 

Public officials and the agencies to which they belong

Item

Column 1

Public official

Column 2

Agency to which the public official belongs

1

An APS employee in a Department.

The Department.

2

A member of staff of an agency other than a Department (including an APS employee in the agency).

The agency.

3

A Secretary of a Department.

The Department.

4

The principal officer of an agency other than a Department (see section   73).

The agency.

7

An individual who constitutes a prescribed authority.

The prescribed authority.

8

A member of a prescribed authority (other than a court).

The prescribed authority.

9

A director of a Commonwealth company.

The Commonwealth company.

10

A member of the Defence Force, or a cadet, officer or instructor in the Australian Defence Force Cadets.

The Defence Department.

11

An AFP appointee (within the meaning of the Australian Federal Police Act 1979 ).

The Australian Federal Police.

12

A Parliamentary Service employee (within the meaning of the Parliamentary Service Act 1999 ).

The Department in which the Parliamentary service employee is employed.

13

An individual who:

(a) is employed by the Commonwealth otherwise than as an APS employee; and

(b) performs duties for an agency.

The agency.

14

A statutory officeholder, other than an individual covered by any of the above items.

Whichever of the following agencies is applicable:

(a) if the statutory officeholder is a deputy (however described) of the principal officer of an agency--that agency;

(b) if the statutory officeholder performs the duties of his or her office as duties of his or her employment as an officer of or under an agency--that agency;

(c) otherwise--the agency ascertained in accordance with the PID rules.

15

An individual who is a contracted service provider for a Commonwealth contract.

Whichever of the following agencies is applicable:

(a) if the relevant services are to be, or were to be, provided wholly or principally for the benefit of an agency, or of a party to a contract with an agency--that agency;

(b) otherwise--the agency ascertained in accordance with the PID rules.

16

An individual who:

(a) is an officer or employee of a contracted service provider for a Commonwealth contract; and

(b) provides services for the purposes (whether direct or indirect) of the Commonwealth contract.

Whichever of the following agencies is applicable:

(a) if the relevant services are to be, or were to be, provided wholly or principally for the benefit of an agency, or of a party to a contract with an agency--that agency;

(b) otherwise--the agency ascertained in accordance with the PID rules.

17

An individual (other than a statutory officeholder or an official of a registered industrial organisation) who exercises powers, or performs functions, conferred on the individual by or under a law of the Commonwealth, other than:

(b) the Australian Capital Territory (Self - Government) Act 1988 ; or

(c) the Corporations Act 2001 ; or

(e) the Northern Territory (Self - Government) Act 1978 ; or

(f) a provision prescribed by the PID rules.

The Department administered by the Minister administering that law.

17A

An individual who exercises powers, or performs functions, conferred on the individual under a law in force in Norfolk Island (whether the law is a law of the Commonwealth or a law of the Territory).

The Department administered by the Minister administering the Norfolk Island Act 1979 .

18

An individual who exercises powers, or performs functions, conferred on the individual under a law in force in the Territory of Christmas Island (whether the law is a law of the Commonwealth or a law of the Territory).

The Department administered by the Minister administering the Christmas Island Act 1958.

19

An individual who exercises powers, or performs functions, conferred on the individual under a law in force in the Territory of Cocos (Keeling) Islands (whether the law is a law of the Commonwealth or a law of the Territory).

The Department administered by the Minister administering the Cocos (Keeling) Islands Act 1955.

20

The Registrar, or a Deputy Registrar, of Aboriginal and Torres Strait Islander Corporations.

The Department administered by the Minister administering the Corporations (Aboriginal and Torres Strait Islander) Act 2006.

Note:   A public interest disclosure may be made by a person who is, or has been, a public official within the meaning of this Subdivision (see section   26).

  (2)   A statutory officeholder means an individual (other than an official of a registered industrial organisation) who holds or performs the duties of an office established by or under a law of the Commonwealth, other than:

  (a)   the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ; or

  (b)   the Australian Capital Territory (Self - Government) Act 1988 ; or

  (c)   the Corporations Act 2001 ; or

  (e)   the Northern Territory (Self - Government) Act 1978 .

  (3)   For the purposes of item   2 of the table in subsection   (1):

  (a)   a person who is a member of the staff referred to in subsection   31(1) of the Ombudsman Act 1976 is taken to be a member of the staff of the Ombudsman; and

  (b)   a person covered by subsection   32(1) of the Inspector - General of Intelligence and Security Act 1986 is taken to be a member of the staff of the IGIS; and

  (c)   a person (other than the National Anti - Corruption Commissioner) who is listed in section   266 of the National Anti - Corruption Commission Act 2022 is taken to be a member of the staff of the National Anti - Corruption Commission.

  (4)   Despite subsections   (1) and (2), the following are not public officials :

  (a)   a judicial officer;

  (b)   a member of a Royal Commission;

  (c)   a member of Parliament;

  (d)   a person employed under the Members of Parliament (Staff) Act 1984 .


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