Victorian Consolidated Legislation

Whistleblowers Protection Act 2001 - SECT 3

Definitions

3. Definitions



(1) In this Act-

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 paragraphs
        (a) to (d);

councillor means a councillor of a municipal council;

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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; Director means the Director, Police
        Integrity under section 7 of the Police Integrity Act 2008;



disclosed matter means a matter disclosed in a disclosure determined by the
Ombudsman under Part 4 or Part 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; legal practitioner means an Australian legal
        practitioner within the meaning of the Legal Profession Act 2004;

member of staff of the Office of Police Integrity has the same meaning as it
has in the Police Integrity Act 2008;





Ombudsman means the person appointed as the Ombudsman under section 3 of the
Ombudsman Act 1973; police gaol has the same meaning as in the
Corrections Act 1986;

Police Minister means the Minister for the time being administering Part IVA
of the Police Regulation Act 1958;

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prison has the same meaning as in the Corrections Act 1986 but includes a
youth justice centre established under section 478 of the
Children, Youth and Families Act 2005;

protected disclosure has the meaning given to it by section 12;

public body means-

   (a)  a public service body within the meaning of the
        Public Administration Act 2004;

   (b)  the chief executive officer of a municipal council, but only in
        relation to an officer or employee of that council;

   (c)  the Chief Commissioner of Police, but only in relation to a person
        employed in that office who is not a member of the police force;

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

   (e)  a body whose members, or a majority of whose members, are appointed by
        the Governor in Council or a Minister;

   (f)  a company all the shares or a majority of the shares in which are held
        by the State or another public body;

   (g)  a body, whether corporate or unincorporate-

   (i)  supported directly or indirectly by government funds or other
        assistance; or

   (ii) over which the State is in a position to exercise control-
that is prescribed for the purposes of this Act;

   (h)  a university;

   (i)  a TAFE institute within the meaning of the
        Education and Training Reform Act 2006;

   (j)  a public hospital within the meaning of the Health Services Act 1988;

   (k)  a State funded residential care service within the meaning of the
        Health Services Act 1988;

   (l)  a contractor, or a sub-contractor, within the meaning of Part 3A of
        the Health Services Act 1988, but only in its capacity as a provider
        of health services to public hospital patients in accordance with an
        agreement under section 69B(1) of that Act;

   (m)  a contractor within the meaning of the Corrections Act 1986 or a
        sub-contractor of that contractor, but only in relation to a function
        or duty or the exercise of a power conferred on it by or under that
        Act-

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

public officer means-

   (a)  a member of Parliament;

   (b)  a councillor;

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

   (d)  a member of the governing body of a public body other than a
        university;

   (e)  an officer or employee of a municipal council;

   (f)  an officer or employee or a member of the academic staff of a
        university, or a member of the governing authority of a university;

   (g)  a member of the police force;

   (h)  a protective services officer appointed under Part VIA of the
        Police Regulation Act 1958;

   (i)  a person who is employed in the office of the Chief Commissioner of
        Police and who is not a member of the police force;

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

   (k)  a member of the teaching service within the meaning of the
        Education and Training Reform Act 2006-

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 that public
        body; or

   (b)  in relation to a public officer, means the Minister responsible for
        that public officer; Special Investigations Monitor means the Special
        Investigations Monitor appointed under section 5 of the
        Major Crime (Special Investigations Monitor) Act 2004;

university means a university within the meaning of the
Education and Training Reform Act 2006 that is a body politic and is governed
by a council, some of the members of which are appointed by the Governor in
Council or a Minister.

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

(3) For the purposes of this Act, the Chief Commissioner of Police is to be
taken to be the chief executive officer of a public body in relation to a
person who is employed in the office of the Chief Commissioner of Police and
who is not a member of the police force.

(4) For the purposes of this Act, a reference to a member of the police force
includes a reference to a protective services officer.