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PUBLIC INTEREST DISCLOSURES ACT 1994 - SECT 4A
Public officials
(1) In this Act,
"public official" means-- (a) an individual who is an employee of or otherwise
in the service of a public authority, and includes (without limitation) each
of the following-- (i) a Public Service employee,
(ii) a member of
Parliament, but not for the purposes of a disclosure made by the member,
(iii) a person employed by either or both of the President of the Legislative
Council or the Speaker of the Legislative Assembly,
(iv) any other individual
having public official functions or acting in a public official capacity whose
conduct and activities may be investigated by an investigating authority,
(v)
an individual in the service of the Crown, or
(a1) a person employed under
the Members of Parliament Staff Act 2013 , or
(b) an individual who is
engaged by a public authority under a contract to provide services to or on
behalf of the public authority, or
(c) if a corporation is engaged by a
public authority under a contract to provide services to or on behalf of the
public authority, an employee or officer of the corporation who provides or is
to provide the contracted services or any part of those services.
(2) Without
limiting subsection (1) and to avoid doubt, particular examples of
public officials are as follows-- (a) a volunteer rural fire fighter who is an
officer or other member of a rural fire brigade under the Rural Fires Act
1997 ,
(b) a volunteer officer or volunteer member of an SES unit (within the
meaning of the State Emergency Service Act 1989 ),
(c) an officer of the
Royal Society for the Prevention of Cruelty to Animals, New South Wales who is
an inspector under the Prevention of Cruelty to Animals Act 1979 ,
(d) a
person who is employed by a management company for a managed correctional
centre (within the meaning of the Crimes (Administration of Sentences) Act
1999 ) to perform duties at the correctional centre and who is authorised
under section 240 of that Act to perform those duties,
(e) an accreditation
authority or a registered certifier (within the meaning of the Building and
Development Certifiers Act 2018 ).
(3) A person who is a public official
referred to in subsection (1) (b) or (c) is taken, for the purposes of this
Act, to belong to the public authority with whom the relevant contract is
made.
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