Tasmanian Consolidated Acts

PUBLIC INTEREST DISCLOSURES ACT 2002 - SECT 3

      (1) In this Act, unless the contrary intention appears –

"agency" means a State Service Agency and includes the police force;

"contractor" means a person who at any time has entered into a contract with a public body for the supply of goods or services to, or on behalf of, the public body;

"corrupt conduct" means –

(a) conduct of a person (whether or not a public officer) that adversely affects, or could adversely affect, either directly or indirectly, the honest performance of a public officer's or public body's functions; or

(b) conduct of a public officer that amounts to the performance of any of his or her functions as a public officer dishonestly or with inappropriate partiality; or

(c) conduct of a public officer, a former public officer or a public body that amounts to a breach of public trust; or

(d) conduct of a public officer, a former public officer or a public body that amounts to the misuse of information or material acquired in the course of the performance of their functions as such (whether for the benefit of that person or body or otherwise); or

(e) a conspiracy or attempt to engage in conduct referred to in paragraph (a), (b), (c) or (d);

"councillor" has the same meaning as in the Local Government Act 1993;

"detrimental action" includes –

(a) action causing injury, loss or damage; and

(b) intimidation or harassment; and

(c) discrimination, disadvantage or adverse treatment in relation to a person's employment, career, profession, trade or business, including the taking of disciplinary action; and

(d) threats of detrimental action;

"disclosed matter" means a matter disclosed in a disclosure determined under Part 5 or 8 to be a public interest disclosure;

"improper conduct" means –

(a) corrupt conduct; or

(b) a substantial mismanagement of public resources; or

(c) conduct involving substantial risk to public health or safety; or

(d) conduct involving substantial risk to the environment –

that would, if proved, constitute –

(e) a criminal offence; or

(f) reasonable grounds for dismissing or dispensing with, or otherwise terminating, the services of a public officer who was, or is, engaged in that conduct;

"police force" means the Police Service;

"protected disclosure" has the meaning given to it by section 14;

"public body" means –

(a) an agency; or

(b) the general manager of a council, but only in relation to an employee of that council; or

(c) a body, whether corporate or unincorporate, that is established by or under an Act for a public purpose; or

(d) a body whose members, or a majority of whose members, are appointed by the Governor or a Minister of the Crown; or

(e) a Government Business Enterprise within the meaning of the Government Business Enterprises Act 1995; or

(f) a State-owned company –

but does not include a body specified in section 4(1);

"public officer" means –

(a) a member of Parliament; or

(b) a councillor; or

(c) a member, officer or employee of a public body; or

(d) a member of the governing body of a public body; or

(e) an employee of a council; or

(f) the holder of an office established by or under an Act to which the right to appoint is vested in the Governor or a Minister –

but does not include a person specified in section 4(2);

"relevant Minister" means –

(a) in relation to a public body, the Minister responsible for the public body; or

(b) in relation to a public officer, the Minister responsible for that public officer;

"State-owned company" means a company incorporated under the Corporations Act that is controlled by the Crown, a Government Business Enterprise or a statutory authority or another company that is so controlled;

"statutory authority" means a body or authority, whether incorporated or not, that is established or constituted by or under an Act or under the Royal Prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another statutory authority but does not include an agency.

      (2) For the purposes of this Act, the general manager of a council is taken to be the chief executive officer of a public body in relation to an employee of that council.