Queensland Consolidated Acts

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WHISTLEBLOWERS PROTECTION ACT 1994 - SCHEDULE 6

DICTIONARY

administrative action is an act or omission of an administrative character done or made by, in or for a public sector entity, and includes, for example--

(a) a decision or failure to decide; and
(b) a formulation of a proposal or intention.

agricultural college means the agricultural college under the Agricultural College Act 2005.

annual report of a department means the annual report of the department required to be prepared and tabled in the Legislative Assembly under the Financial Administration and Audit Act 1977.

appropriate entity means--

(a) a public sector entity to which a public interest disclosure may be made under section 26 or referred under section 28 or 28A; or
(b) a member of the Legislative Assembly.

chief executive officer see schedule 5, section 1 of the Act.

chief judicial officer means a judicial officer who is treated under this Act as a chief executive officer of a court or tribunal.

commission of inquiry means a commission of inquiry under the Commissions of Inquiry Act 1950 and includes an inquiry under a commission mentioned in section 4(2) of that Act.

corporatised corporation has the same meaning as in the Local Government Act 1993, chapter 7A, part 6.

detriment includes--

(a) personal injury or prejudice to safety; and
(b) property damage or loss; and
(c) intimidation or harassment; and
(d) adverse discrimination, disadvantage or adverse treatment about career, profession, employment, trade or business; and
(e) threats of detriment; and
(f) financial loss from detriment.

disability of a person has the same meaning as in the Disability Services Act 2006.

environment has the same meaning as in the Environmental Protection Act 1994.

investigate includes take evidence.

judicial officer includes a registrar or deputy registrar of a court or tribunal performing delegated judicial tasks.

maladministration is administrative action that is unlawful, arbitrary, unjust, oppressive, improperly discriminatory or taken for an improper purpose.

officer of a public sector entity includes--

(a) a constituent member of the public sector entity, whether holding office by election or selection; and
(b) an employee of the public sector entity, whether employed on a permanent or temporary basis; and
(c) without limiting paragraph (b), an individual engaged by the public sector entity under a contract of service; and
(d) if the public sector entity is a department--the Minister responsible for its administration.

official misconduct has the same meaning as in the Crime and Misconduct Act 2001.

proper officer of a court or tribunal means--

(a) for the Supreme Court, the District Court or the Childrens Court constituted by a judge--the registrar of the court; or
(b) for a Magistrates Court or the Childrens Court constituted other than by a judge--the clerk of the court; or
(c) for another court or tribunal--the administrative officer in charge of the administrative office attached to the court or tribunal.

public funds are funds available to, or under the control of, a public sector entity and includes, for example, public moneys within the meaning of the Financial Administration and Audit Act 1977.

public health or safety includes the health or safety of persons--

(a) under lawful care or control; or
(b) using community facilities or services provided by the public or private sector; or
(c) in employment workplaces.
Examples of paragraph (a)--
1 student under the care or control of a teacher
2 patient under the care or control of a doctor, nurse or other health professional
3 prisoner under the care and control of a corrective services officer

public interest disclosure means a disclosure of information specified in sections 15 to 20 of the Act made to an appropriate entity and includes all information and help given by the discloser to an appropriate entity.

public officer is a person who is an officer of a public sector entity, and includes--

(a) a public sector entity that is a corporation; and
(b) a member of the Legislative Assembly, but only--
(i) to allow a member of the Legislative Assembly to make a public interest disclosure; or
(ii) for the purposes of sections 55 and 57.

public sector contractor is a person who contracts with a public sector entity to supply goods to the entity or services to the entity other than as an employee.

public sector entity see schedule 5, section 2 of the Act.

relevant court or tribunal of a judicial officer is the court or tribunal of which the judicial officer is a member or is attached.

relevant department, for an administrative office attached to a court or tribunal, means the department in which is administered the Act under which the court or tribunal is established.

reprisal see section 41 of the Act.

school council means a school council established for a State school under the Education (General Provisions) Act 2006, section 79.

State educational institution has the same meaning as in the Education (General Provisions) Act 2006.

statutory TAFE institute means a statutory TAFE institute established under the Vocational Education, Training and Employment Act 2000, chapter 6A.

TAFE institute see the Vocational Education, Training and Employment Act 2000, section 191.

tribunal means--

(a) a tribunal constituted by a person acting judicially; or
(b) a body or person performing a function under an Act to hear appeals by employees about dismissal from employment, disciplinary action or other unfair treatment; or
(c) a commission of inquiry; or
(d) a Misconduct Tribunal under the Misconduct Tribunals Act 1997.


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