PUBLIC INTEREST DISCLOSURES ACT 1994 - SECT 4 Definitions

PUBLIC INTEREST DISCLOSURES ACT 1994 - SECT 4

4 Definitions

(1) In this Act--


"CC officer" means an officer of the Crime Commission, as defined in the Crime Commission Act 2012 .


"Commission" means the Independent Commission Against Corruption.


"corrupt conduct" has the meaning given to it by the Independent Commission Against Corruption Act 1988 .


"Crime Commission" means the New South Wales Crime Commission.


"detrimental action" is defined in section 20.


"exercise" of a function includes, where the function is a duty, the performance of the duty.


"function" includes power, authority or duty.


"government information contravention" means conduct of a kind that constitutes a failure to exercise functions in accordance with any provision of the Government Information (Public Access) Act 2009 .


"ICAC Inspector" means the Inspector of the Independent Commission Against Corruption appointed under the Independent Commission Against Corruption Act 1988 .


"investigate" includes inquire or audit.


"investigating authority" means--

(a) the Auditor-General, or

(b) the Commission, or

(c) the Ombudsman, or

(c1) the Children's Guardian, or

(d) the LECC, or

(e) the LECC Inspector, or

(f) the local government investigating authority, or

(g) the ICAC Inspector, or

(h) the Information Commissioner, or

(i) the CC Inspector.

"investigation Act" means--

(a) the Independent Commission Against Corruption Act 1988 , or

(b) the Ombudsman Act 1974 , or

(c) the Government Sector Audit Act 1983 , or

(d) the Law Enforcement Conduct Commission Act 2016 , or

(e) the Local Government Act 1993 , or

(f) the Government Information (Information Commissioner) Act 2009 , or

(g) the Crime Commission Act 2012 .

"journalist" means a person engaged in the occupation of writing or editing material intended for publication in the print or electronic news media.


"LECC" means the Law Enforcement Conduct Commission.


"LECC Inspector" means the Inspector of the Law Enforcement Conduct Commission appointed under the Law Enforcement Conduct Commission Act 2016 .


"LECC officer" means an officer of the Commission, as defined in the Law Enforcement Conduct Commission Act 2016 .


"LECCI officer" means an officer of the LECC Inspector, as defined in the Law Enforcement Conduct Commission Act 2016 .


"local government authority" means--

(a) a council, or

(b) a county council, or

(c) a joint organisation,

within the meaning of the Local Government Act 1993 .


"local government investigating authority" means the Director-General under section 429A (Complaints about councils, councillors, delegates and staff) of the Local Government Act 1993 .


"local government pecuniary interest contravention" means the breach of an obligation imposed by the Local Government Act 1993 in connection with a pecuniary interest.


"maladministration" is defined in section 11 (2).


"officer of the ICAC Inspector" means an officer of the Inspector, as defined in the Independent Commission Against Corruption Act 1988 .


"principal officer" of a public authority includes--

(a) for the Department of the Legislative Assembly--the Clerk of the Legislative Assembly and the Speaker of the Legislative Assembly, and

(b) for the Department of the Legislative Council--the Clerk of the Parliaments and the President of the Legislative Council, and

(c) for the Department of Parliamentary Services--the Speaker of the Legislative Assembly, the President of the Legislative Council and the Executive Manager of the Department.

"public authority" means any public authority whose conduct or activities may be investigated by an investigating authority, and includes (without limitation) each of the following--

(a) a Public Service agency,

(b) a State owned corporation and any subsidiary of a State owned corporation,

(c) a local government authority,

(d) the NSW Police Force, PIC and PIC Inspector,

(e) the Department of Parliamentary Services, the Department of the Legislative Assembly and the Department of the Legislative Council.

"public interest disclosure" means a disclosure satisfying the applicable requirements of Part 2.


"public official" --see section 4A.


"relevant investigation Act" means--

(a) in relation to an investigating authority other than the local government investigating authority--the Act that appoints or constitutes the investigating authority, and

(b) in relation to the local government investigating authority--the Local Government Act 1993 .

"Steering Committee" means the Public Interest Disclosures Steering Committee established by section 6A.

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

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