Australian Capital Territory Consolidated Acts

PUBLIC INTEREST DISCLOSURE ACT 1994 - SECT 3

In this Act:

Note     A definition applies except so far as the contrary intention appears (see Legislation Act 2001 , s 155).

"act" includes investigate.

"conduct" includes act or omission.

"detriment" means—

        (a)     injury, damage or loss; or

        (b)     intimidation or harassment; or

        (c)     discrimination, disadvantage or adverse treatment in relation to career, profession, employment, trade or business.

"disclosable conduct" means conduct that, under section 4 (1), is taken to be disclosable.

"employee" includes a person who is an employee within the meaning of the Public Sector Management Act 1994 .

"government agency" means—

        (a)     an administrative unit; or

        (b)     a Territory instrumentality; or

        (c)     a statutory office-holder and the staff required to assist the statutory office-holder.

"offence" means an offence against an Act.

"officer"—see the Public Sector Management Act 1994 .

"proper authority" means a person or body authorised to receive a public interest disclosure under this Act, and includes, in relation to such a person or body—

        (a)     its chief executive officer; or

        (b)     its governing body.

"public interest disclosure" means a disclosure of information that the person making the disclosure believes on reasonable grounds tends to show—

        (a)     that another person has engaged, is engaging, or proposes to engage, in disclosable conduct; or

        (b)     public wastage; or

    (c)     that a person has engaged, is engaging, or proposes to engage, in an unlawful reprisal; or

        (d)     that a public official has engaged, is engaging, or proposes to engage, in conduct that amounts to a substantial and specific danger to the health or safety of the public.

"public official" means—

        (a)     an officer or employee of a government agency; or

        (b)     a person employed, by or on behalf of the Territory or in the service of a Territory authority or Territory instrumentality, whether under a contract of service or a contract for services, including a person who has ceased to perform those services; or

        (c)     a person otherwise authorised to perform functions on behalf of the Territory, a Territory authority or Territory instrumentality.

"public wastage" means conduct by a public official that amounts to negligent, incompetent or inefficient management within, or of, a government agency resulting, or likely to result, directly or indirectly, in a substantial waste of public funds, other than conduct necessary to give effect to a Territory law.

"Territory instrumentality" means—

        (a)     subject to section 3A, a body corporate that is established by or under an Act, or under the Corporations Act, being a body that is—

              (i)     comprised of persons, or has a governing body comprised of persons, a majority of whom are appointed by a Minister or an agency or instrumentality of the Territory; or

              (ii)     subject to control or direction by a Minister; or

              (iii)     declared under section 3A to be a Territory instrumentality; or

        (b)     a Territory owned corporation or a subsidiary within the meaning of the Territory Owned Corporations Act 1990 .

"unlawful reprisal" means conduct that causes, or threatens to cause, detriment—

        (a)     to a person in the belief that any person has made, or may make a public interest disclosure; or

        (b)     to a public official because he or she has resisted attempts by another public official to involve him or her in the commission of an offence.