New South Wales Consolidated Acts

FREEDOM OF INFORMATION ACT 1989 - SECT 6

6 Definitions

(1) In this Act:
"agency" means a Government Department, public authority, local authority or public office, but does not include a body or office that is, by virtue of section 9, exempt from the operation of this Act in relation to all of its functions.
"agency’s document" means a document that is held by the agency.
"court" includes a Magistrate and a coroner.
"document" includes:

(a) any paper or other material on which there is writing or in or on which there are marks, symbols or perforations having a meaning, whether or not that meaning is ascertainable only by persons qualified to interpret them, and

(b) any disc, tape or other article from which sounds, images or messages are capable of being reproduced.

"exempt document" means:

(a) a document referred to in any one or more of the provisions of Schedule 1, or

(b) a document that contains matter relating to functions in relation to which a body or office is, by virtue of section 9, exempt from the operation of this Act.

"exempt matter" means matter by virtue of which a document is an exempt document.
"Government Department" means a Department within the meaning of the Public Sector Management Act 1988 , and includes an Administrative Office within the meaning of that Act.
"judicial functions", in relation to a court or tribunal, means such of the functions of the court or tribunal as relate to the hearing or determination of proceedings before it, and includes:

(a) in relation to a Magistrate-such of the functions of the Magistrate as relate to the conduct of committal proceedings, and

(b) in relation to a coroner-such of the functions of the coroner as relate to the conduct of inquests and inquiries under the Coroners Act 1980 .

"legislative instrument" means a Public Act or an instrument made under a Public Act.
"local authority" means a council or county council within the meaning of the Local Government Act 1993 .
"Ministerial certificate" means a certificate in force under section 59.
"Minister’s document" means a document:

(a) that is held by a Minister, and

(b) that relates to the affairs of an agency,

but does not include an agency’s document.
"policy document", in relation to an agency, means:

(a) a document containing interpretations, rules, guidelines, statements of policy, practices or precedents, or

(b) a document containing particulars of any administrative scheme, or

(c) a document containing a statement of the manner, or intended manner, of administration of any legislative instrument or administrative scheme, or

(d) a document describing the procedures to be followed in investigating any contravention or possible contravention of any legislative instrument or administrative scheme, or

(e) any other document of a similar kind,

that is used by the agency in connection with the exercise of such of its functions as affect or are likely to affect rights, privileges or other benefits, or obligations, penalties or other detriments, to which members of the public are or may become entitled, eligible, liable or subject, but does not include a legislative instrument.
"principal officer" means:

(a) in relation to a Government Department-the Department Head of the Department, or

(b) in relation to a public authority for which the regulations declare an office to be the principal office in respect of the authority-the holder of the office, or

(c) in relation to a public authority for which the regulations do not so declare:

(i) in the case of an incorporated body that has no members-the person who manages the affairs of the body, or

(ii) in the case of a body (whether incorporated or unincorporated) that is constituted by one person-the person who constitutes the body, or

(iii) in the case of a body (whether incorporated or unincorporated) that is constituted by 2 or more persons-the person who is entitled to preside at any meeting of the body at which the person is present, or

(d) in relation to a local authority-the general manager of the authority, or

(e) in relation to a public office-the holder of the office.

"public authority" means a body that is a public authority by virtue of section 7.
"public office" means an office that is a public office by virtue of section 8.
"responsible Minister" means:

(a) in relation to a Government Department-the Minister responsible for the Department, or

(b) in relation to a public authority referred to in section 7 (1) (a)-the Minister administering the provisions of the legislative instrument by or under which the public authority is established, or

(c) in relation to a public authority referred to in section 7 (1) (b) or (c)-the Minister declared by the regulations to be the responsible Minister in relation to the public authority, or

(d) in relation to the Police Service-the Minister administering the Police Service Act 1990 , or

(e) in relation to the Teaching Service-the Minister administering the Teaching Service Act 1980 , or

(f) in relation to a local authority-the Minister administering the provisions of the Act under which the authority is constituted, or

(g) in relation to a public office referred to in section 8 (1) (a)-the Minister administering the provisions of the legislative instrument by or under which the office is established, or

(h) in relation to a public office referred to in section 8 (1) (b)-the Minister declared by the regulations to be the responsible Minister in relation to the office, or

(i) in relation to a statutory State owned corporation (and its subsidiaries) referred to in section 7 (1) (f)-the portfolio Minister (within the meaning of the State Owned Corporations Act 1989 ) for the authority.

"restricted document" means a document referred to in any one or more of the provisions of Part 1 of Schedule 1.
"State" includes Territory.
"Tribunal" means the Administrative Decisions Tribunal established by the Administrative Decisions Tribunal Act 1997 .

(2) In this Act:

(a) a reference to the Government includes, where appropriate, a reference to a public authority, a local authority and a public office, and

(b) a reference to an agency includes a reference to any body that forms part of the agency or that exists mainly for the purpose of enabling the agency to exercise its functions, and

(c) a reference to an officer of an agency includes a reference to a member of the agency, the principal officer of the agency and any other person employed within the agency, and

(d) a reference to a document includes a reference to a copy of the document, and

(e) a reference to a document held by an agency includes a reference to a document to which the agency has an immediate right of access and a document that is in the possession, or under the control, of a person in his or her capacity as an officer of the agency, and

(f) a reference to a document held by a Minister includes a reference to a document to which that Minister has an immediate right of access and a document that is in the possession, or under the control, of a person in his or her capacity as a member of that Minister’s staff.

(3) In this Act:

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.