New South Wales Consolidated Acts

FREEDOM OF INFORMATION ACT 1989 - SECT 8

8 Public offices

(1) In this Act, a reference to a public office is a reference to:

(a) an office established or continued for a public purpose by or under the provisions of a legislative instrument, other than an office that, under subsection (2), is not to be taken to be a public office, or

(b) an office declared by the regulations to be a public office, being an office to which an appointment is made by the Governor or by a Minister otherwise than by or under the provisions of a legislative instrument.

(2) The regulations may declare that a specified office is not to be taken to be a separate public office but is to be taken to be included in a specified agency.

(3) A person shall not be taken to be the holder of a public office:

(a) by virtue of the person’s holding office as:

(i) Governor, Lieutenant-Governor or Administrator of the State, or

(ii) a member of the Legislative Council or the Legislative Assembly or of a committee of either or both of those bodies, or

(iii) President of the Legislative Council or Speaker of the Legislative Assembly or Chair of a committee of either or both of those bodies, or

(iv) a Minister of the Crown, or

(v) a Parliamentary Secretary, or

(vi) a member of the Executive Council, or

(b) by virtue of the person’s holding:

(i) an office the duties of which the person performs as an officer of an agency, or

(ii) an office of member of an agency, or

(iii) an office established or continued by or under the provisions of a legislative instrument for the purposes of an agency, or

(iv) an office established or continued by or under the provisions of a legislative instrument for the purposes of a body referred to in section 7 (1) (a) (i)-(v).