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PUBLIC INTEREST DISCLOSURE ACT 2018 - SECT 4

PUBLIC INTEREST DISCLOSURE ACT 2018 - SECT 4

4—Interpretation

In this Act, unless the contrary intention appears—

"appropriate disclosure"—

            (a)         in relation to environmental and health information—see section 5(3); and

            (b)         in relation to public administration information—see section 5(4); and

            (c)         in any case—see section 6;

"Commission" means the Independent Commission Against Corruption established under the Independent Commission Against Corruption Act 2012 ;

"Commissioner" means the person holding or acting in the office of the Independent Commissioner Against Corruption;

"corruption in public administration" has the same meaning as in the Independent Commission Against Corruption Act 2012 ;

"environmental and health information" means information that raises a potential issue of a substantial risk to the environment or to the health or safety of the public generally or a significant section of the public (whether occurring before or after the commencement of this Act);

"informant" means a person who makes an appropriate disclosure of public interest information;

"journalist" means a person engaged in the profession or occupation of journalism in connection with the publication of information in a news medium;

"judicial officer" has the same meaning as in the Judicial Conduct Commissioner Act 2015 ;

"liability" includes a liability to disciplinary action;

"maladministration in public administration" has the same meaning as in the Ombudsman Act 1972 ;

"misconduct in public administration" has the same meaning as in the Ombudsman Act 1972 ;

"news medium" means a medium for the dissemination to the public or a section of the public of news and observations on news;

"OPI" means the Office for Public Integrity established under the Independent Commission Against Corruption Act 2012 ;

"principal officer" of a public sector agency or of a council means—

            (a)         in the case of a public sector agency—

                  (i)         if the agency consists of an unincorporated board or committee—the presiding officer; or

                  (ii)         in any other case—

                        (A)         the chief executive officer of the agency; or

                        (B)         if there is no chief executive officer of the agency—a person designated as principal officer of the agency for the purposes of this definition by the responsible Minister for the public sector agency; and

            (b)         in the case of a council—the chief executive officer of the council;

"public administration" has the same meaning as in the Independent Commission Against Corruption Act 2012 and the Ombudsman Act 1972 ;

"public administration information" means information that raises a potential issue of corruption, misconduct or maladministration in public administration (whether occurring before or after the commencement of this Act);

"public interest information" means—

            (a)         environmental and health information; or

            (b)         public administration information;

"public officer" has the same meaning as in the Independent Commission Against Corruption Act 2012 ;

"public sector agency" has the same meaning as in the Public Sector Act 2009 ;

"public sector employee" has the same meaning as in the Public Sector Act 2009 ;

"relevant authority"—see section 5(5);

"responsible Minister" in relation to a public sector agency means the Minister responsible for administration of the agency or the legislative instrument under which it is established and, if there is no such Minister, a Minister designated by the regulations as the responsible Minister or, in the absence of such a designation, the Minister responsible for the administration of this Act;

"responsible officer" means a person designated as a responsible officer under section 12.