South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"act" includes—
(a) an
omission;
(b) a
decision, proposal or recommendation (including a recommendation made to a
Minister of the Crown),
and the circumstances surrounding an act;
"administrative act" means—
(a) an
act relating to a matter of administration on the part of an agency
to which this Act applies or a person engaged in the work of such an agency;
or
(b) an
act done in the performance of functions conferred under a contract for
services with the Crown or an agency to which this Act applies,
but does not include—
(c) an
act done in the discharge of a judicial authority; or
(d) an
act done by a person in the capacity of legal adviser to the Crown; or
(e) an
act of a class declared by the regulations not to be an administrative act for
the purposes of this definition;
"administrative unit" means an administrative unit under the Public Sector
Management Act 1995 ;
"agency to which this Act applies" means—
(a) a
person who holds an office established by an Act; or
(b) an
administrative unit; or
(c) a
council; or
(ca) a
regional development assessment panel or a council development assessment
panel constituted under section 34 or 56A of the Development Act 1993 ;
or
(d) any
incorporated or unincorporated body—
(i)
established for a public purpose by an Act; or
(ii)
established for a public purpose under an Act (other than
an Act providing for the incorporation of companies or associations,
co-operatives, societies or other voluntary organisations); or
(iii)
established or subject to control or direction by the
Governor, a Minister of the Crown or any instrumentality or agency of the
Crown or a council (whether or not established by or under an Act or an
enactment); or
(e) a
person or body declared by the regulations to be an agency to which
this Act applies,
but does not include a person or body declared by the regulations to be an
agency to which this Act does not apply;
"complainant" in relation to an investigation means the person or persons
whose complaint gave rise to that investigation;
"complaint" in relation to an administrative act, means a complaint that gives
rise or may give rise to an investigation into that administrative act;
"council" means a council within the meaning of the Local Government
Act 1999 ;
"investigation" means an investigation by the Ombudsman under this Act in
relation to an administrative act;
"officer of the Ombudsman" means—
(a) a
person employed in the Public Service and assigned to work in the office of
the Ombudsman; or
(b) a
person employed under section 12;
"principal officer" in relation to an agency to which this Act applies
means—
(a) if
the agency consists of a single person (including a corporation sole but not
any other body corporate)—that person;
(b) if
the agency is a council—the principal member of the council;
(c) if
the agency consists of an unincorporated board or committee—the
presiding officer;
(d) in
any other case—the chief executive officer of the agency or a person
declared by the regulations to be the principal officer of the agency;
"responsible Minister" in relation to an agency to which this Act applies
means—
(a) if
the agency is an administrative unit—the Minister responsible for that
administrative unit;
(b) if
the agency is a council—the Minister responsible for the administration
of the Local Government Act 1999 ;
(c) if
the agency is a body established by or under an Act—the Minister
responsible for the administration of that Act;
(d) in
any other case—the Minister declared by the regulations to be the
responsible Minister for the agency or, in the absence of such a declaration,
the Minister responsible for the administration of this Act;
"Statutory Officers Committee" means the committee of that name established
under the Parliamentary Committees Act 1991 ;
"the Ombudsman" includes a person acting in the office of the Ombudsman.
(2) For the purposes
of this Act—
(a) a
person engaged or employed in the administration of, or in the performance of
functions in or on behalf of, an agency to which this Act applies will be
taken to be engaged in the work of that agency; and
(b)
deputy sheriffs and sheriff's officers will be taken to be engaged in the work
of the sheriff and the sheriff will be regarded as an employer in relation to
deputy sheriffs and sheriff's officers.
(3) The Governor may,
by regulation—
(a)
declare a person or body to be an agency to which this Act applies; or
(b)
declare a person or body to be an agency to which this Act does not apply; or
(c)
declare a person to be the principal officer of an agency to which
this Act applies; or
(d)
declare a Minister to be the responsible Minister for an agency to
which this Act applies.
(4) A regulation under
subsection (3)(a) cannot take effect unless it has been laid before both
Houses of Parliament and—
(a) no
motion for disallowance of the regulation is moved within the time for such a
motion; or
(b)
every motion for disallowance of the regulation has been defeated or
withdrawn, or has lapsed.
(5) A regulation under
subsection (3)(b) may declare part of an administrative unit to be part
of an administrative unit to which this Act does not apply.