New South Wales Consolidated Acts

OMBUDSMAN ACT 1974 - SECT 5

5 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
"administration" includes administration of an estate or a trust whether involving the exercise of executive functions of government or the exercise of other functions.
"appointed day" means the day appointed and notified under section 2 (2).
"conduct" means:

(a) any action or inaction relating to a matter of administration, and

(b) any alleged action or inaction relating to a matter of administration.

"Department" and "Department Head" have the same meaning as in the Public Sector Management Act 1988 .
"head" means:

(a) in relation to a public authority that is a Department or who is a public servant or other person employed in or for the purposes of a Department-the Department Head of the Department, and

(b) in relation to a public authority that is a local government authority, or a member or employee of a local government authority-the mayor (or other presiding officer) of the local government authority, and

(c) in relation to a public authority that is a corporation sole, or who is a person employed by a corporation sole-the person constituting the corporation, and

(d) in relation to a public authority that is any other body, whether incorporated or unincorporated, or who is a person employed by such a body-the chief executive officer of that body or, if the affairs of the body are directed by a governing body, the person who presides at meetings of that governing body, and

(e) in any other case-the person prescribed by the regulations, or in the absence of any regulation prescribing a person, the person who, in the opinion of the Ombudsman, is the chief executive of the public authority.

"Joint Committee" means the joint committee called the Committee on the Office of the Ombudsman and the Police Integrity Commission, constituted under this Act.
"local government authority" means a council or a county council within the meaning of the Local Government Act 1993 .
"person" includes an unincorporated body of persons.
"police conduct" means conduct of a police officer within the meaning of Part 8A of the Police Act 1990 .
"public authority" means:

(a) any person appointed to an office by the Governor,

(b) any statutory body representing the Crown,

(c) any Department or any public servant employed in a Department,

(d) any person in the service of the Crown or of any statutory body representing the Crown,

(e) any person in relation to whom or to whose function an account is kept of administration or working expenses, where the account:

(i) is part of the accounts prepared pursuant to the Public Finance and Audit Act 1983 ,

(ii) is required by or under any Act to be audited by the Auditor-General,

(iii) is an account with respect to which the Auditor-General has powers under any law,

(iv) is an account with respect to which the Auditor-General may exercise powers under a law relating to the audit of accounts where requested to do so by a Minister of the Crown,

(f) any person entitled to be reimbursed his or her expenses, from a fund of which an account mentioned in paragraph (e) is kept, of attending meetings or carrying out the business of any body constituted by an Act,

(f1) any accredited certifier within the meaning of the Environmental Planning and Assessment Act 1979 ,

(g) any holder of an office declared by the regulations to be an office of a public authority for the purposes of this Act,

(g1) any local government authority or any member or employee of a local government authority, and

(h) any person acting for or on behalf of, or in the place of, or as deputy or delegate of, any person described in any of the foregoing paragraphs.

"regulations" means regulations made under this Act.
"responsible Minister" means:

(a) in relation to a public authority that is a Department or who is a public servant or other person employed in or for the purposes of a Department-the Minister responsible for that Department, and

(b) in relation to a public authority that is a local government authority or a member or employee of a local government authority-the Minister administering the Local Government Act 1993 , and

(c) in relation to a public authority, not referred to in paragraph (a) or (b), involved in the administration of an Act or part of an Act-the Minister administering the Act or the relevant part of the Act, and

(d) in relation to any other public authority-the Minister who, in the opinion of the Ombudsman, is the most nearly concerned with the conduct of the public authority.

"Supreme Court" means the Supreme Court of New South Wales.

(1A) In this Act, a reference to an investigation under this Act includes a reference to an investigation of police conduct under this Act pursuant to Part 8A of the Police Act 1990 .

(3) A reference in this Act, except in section 37 (2) (e), to an officer of the Ombudsman includes a reference to an acting Ombudsman, a Deputy Ombudsman and an Assistant Ombudsman.

(4) In this Act, a reference to:

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

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

(5) Notes included in this Act do not form part of this Act.