Western Australian Consolidated Acts

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PARLIAMENTARY COMMISSIONER ACT 1971 - SECT 4

4 .         Terms used in this Act

                In this Act, unless the contrary intention appears —

        Acting Commissioner means the Acting Parliamentary Commissioner for Administrative Investigations appointed under this Act;

        appropriate authority , in relation to an investigation under this Act, means the department or authority by which or on behalf of which the action that is the subject of such investigation was taken;

        authority has the meaning given by section 4A;

        Commissioner means the Parliamentary Commissioner for Administrative Investigations appointed under this Act;

        contractor means a contractor as defined in the Court Security and Custodial Services Act 1999 or the Prisons Act 1981 , as is relevant to the case;

        Corruption and Crime Commission has the meaning given to “Commission” under the Corruption and Crime Commission Act 2003 ;

        department means a department of the Public Service;

        Deputy Commissioner means the Deputy Parliamentary Commissioner for Administrative Investigations appointed under this Act;

        Director of Public Prosecutions means the Director within the meaning of the Director of Public Prosecutions Act 1991 ;

        Inspector of Custodial Services means the Inspector of Custodial Services under the Inspector of Custodial Services Act 2003 ;

        officer of the Commissioner means an officer appointed under section 9(1);

        officer of the Corruption and Crime Commission has the meaning given to “officer of the Commission” under the Corruption and Crime Commission Act 2003 ;

        officer of the Parliamentary Inspector of the Corruption and Crime Commission has the meaning given to “officer of the Parliamentary Inspector” under the Corruption and Crime Commission Act 2003 ;

        Parliamentary Inspector of the Corruption and Crime Commission has the meaning given to “Parliamentary Inspector” under the Corruption and Crime Commission Act 2003 ;

        person aggrieved , in relation to a complaint under this Act, means the person who appears from the complaint to be the person personally affected by the action to which the complaint relates;

        principal officer means —

            (a)         in relation to a department or an organisation within the meaning of the Public Sector Management Act 1994 , the chief executive officer or chief employee of the department or organisation;

            (aa)         in relation to a contractor and to any subcontractor under the relevant contract, the holder of the office specified in the relevant contract to be the principal officer for the purposes of this Act; and

            (b)         in relation to any other authority, the president, chairman, or other principal or presiding member of the authority or, if the authority is constituted by a single person, that person;

        public service officer has the meaning that it has in the Public Sector Management Act 1994 ;

        responsible Minister means —

            (a)         in relation to action taken by any department or authority, the Minister charged with the administration of that department or the enactment in relation to the functions conferred by, or arising under, which the action was taken; and

            (b)         in relation to action taken by a contractor or subcontractor, the Minister to whom the administration of the Court Security and Custodial Services Act 1999 or the Prisons Act 1981 is committed, as is relevant to the case;

        staff , in relation to the Commissioner, means officers of the Commissioner and persons whose services are used under section 9(2a) and persons engaged under section 9(2B);

        subcontractor means a subcontractor as defined in the Court Security and Custodial Services Act 1999 or the Prisons Act 1981 , as is relevant to the case;

        tribunal includes the person constituting a tribunal consisting of one person.

        [Section 4 amended by No. 13 of 1982 s. 2; No. 73 of 1994 s. 4; No. 78 of 1996 s. 5 and 21; No. 43 of 1999 s. 20; No. 47 of 1999 s. 23; No. 74 of 2003 s. 91(2); No. 75 of 2003 s. 56(1); No. 78 of 2003 s. 72; No. 10 of 2009 s. 5.]



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