HUMAN RIGHTS ACT 2004 - SECT 40 Meaning of public authority
HUMAN RIGHTS ACT 2004 - SECT 40
Meaning of public authority(1) Each of the following is a public authority :
(a) an administrative unit;
(b) a territory authority;
(c) a territory instrumentality;
(d) a Minister;
(e) a police officer, when exercising a function under a Territory law;
(f) a public employee;
(g) an entity whose functions are or include functions of a public nature, when it is exercising those functions for the Territory or a public authority (whether under contract or otherwise).
Note A reference to an entity includes a reference to a person exercising a function of the entity, whether under a delegation, subdelegation or otherwise (see Legislation Act
, s 184A (1)).
(2) However, public authority does not include—
(a) the Legislative Assembly, except when acting in an administrative capacity; or
(b) a court, except when acting in an administrative capacity.