Northern Territory Consolidated Acts

INFORMATION ACT - SECT 5

(1) Subject to this section, a public sector organisation is any of the following:

(a) an Agency;

(b) a Government Business Division;

(c) a Government owned corporation;

(d) a local authority;

(e) a statutory corporation;

(f) a person appointed, or body established, by or under an Act or by the Administrator or by a minister;

(g) the Police Force of the Northern Territory;

(h) a person holding an office or position under an Act;

(i) a court of the Territory;

(j) a tribunal of the Territory;

(k) a person or body declared by the Regulations to be a public sector organisation.

(2) The following are not public sector organisations:

(a) the Commissioner;

(b) a person or body declared by the Regulations not to be a public sector organisation.

(3) The following are not Agencies:

(a) an Agency that is a Government Business Division;

(b) if a Government Business Division forms part of an Agency - that part of the Agency.

(4) A Government Business Division or Government owned corporation is a public sector organisation for personal information only.

(4A) A public sector organisation may be declared by the Regulations to be a public sector organisation for personal information only.

(5) This Act does not apply to:

(a) a court in relation to its judicial functions;

(b) a tribunal in relation to its decision-making functions;

(c) a coroner within the meaning of the Coroners Act in relation to an inquest or inquiry under that Act; or

(d) a magistrate or justice in relation to a preliminary examination under Part V of the Justices Act .

(6) For the purposes of this Act, other than Part 2 (General principles about disclosure of information) and Part 9 (Records and archives management), a public sector organisation includes a minister and a parliamentary secretary, but only to the extent that the minister or parliamentary secretary holds government information connected with his or her responsibilities as the holder of that office.

(7) A reference to a public sector organisation includes a reference to the following:

(a) the chief executive officer of the organisation;

(b) an officer, employee or agent of the organisation;

(c) a contract service provider to the extent of the services it provides under the service contract;

(d) an employee or agent of a contract service provider to the extent of the employee's or agent's involvement in collecting or handling personal information under the service contract;

(e) a person (other than a contract service provider) who provides services to the organisation under a contract between the organisation or the Territory and that person or another person to the extent of the services provided.

(8) A reference to a court or tribunal includes a reference to the following:

(a) the members of the court or tribunal;

(b) the registrar (however described) and the other officers of the court or tribunal;

(c) the staff in the registry and other offices of the court or tribunal;

(d) the personal staff of the members of the court or tribunal;

(e) any other staff of the court or tribunal.