Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears —
Commissioner means the person for the time being
holding the office of Commissioner for Public Sector Standards created by
section 16(1) of the Public Sector Management Act 1994 ;
Commissioner of Police means the person holding
the office of Commissioner of Police under the Police Act 1892 ;
Corruption and Crime Commission has the meaning
given to “Commission” in section 3 of the Corruption and
Crime Commission Act 2003 ;
detrimental action includes action causing,
comprising, or involving —
(a)
injury, damage, or loss;
(b)
intimidation or harassment;
(c)
adverse discrimination, disadvantage, or adverse treatment in relation to a
person’s career, profession, employment, trade, or business; or
(d) a
reprisal;
environment has the same meaning as in the
Environmental Protection Act 1986 ;
Parliamentary Commissioner means a person for the
time being holding the office of the Parliamentary Commissioner for
Administrative Investigations under the Parliamentary Commissioner
Act 1971 ;
police officer means a person —
(a)
appointed under Part I of the Police Act 1892 to be a member of the
Police Force of Western Australia; or
[(b) deleted]
(c)
appointed under Part IIIA of the Police Act 1892 to be an Aboriginal
police liaison officer;
public authority means —
(a) a
department of the Public Service established under section 35 of the
Public Sector Management Act 1994 ;
(b) an
organisation specified in column 2 of Schedule 2 to the
Public Sector Management Act 1994 ;
(c) a
non-SES organisation within the meaning of that term in section 3(1) of
the Public Sector Management Act 1994 ;
(d) a
local government or a regional local government;
(e) a
body that is established or continued for a public purpose under a written
law;
(f) a
body that is established by the Governor or a Minister;
(g) any
other body or the holder of an office referred to in subsection (2) that
is declared by the regulations to be a public authority;
public interest information means information that
tends to show that, in relation to its performance of a public function
(either before or after the commencement of this Act), a public authority, a
public officer, or a public sector contractor is, has been, or proposes to be,
involved in —
(a)
improper conduct;
(b) an
act or omission that constitutes an offence under a written law;
(c) a
substantial unauthorised or irregular use of, or substantial mismanagement of,
public resources;
(d) an
act done or omission that involves a substantial and specific risk
of —
(i)
injury to public health;
(ii)
prejudice to public safety; or
(iii)
harm to the environment;
or
(e) a
matter of administration that can be investigated under section 14 of the
Parliamentary Commissioner Act 1971 ;
public officer means —
(a) a
Minister of the Crown;
(b) a
Parliamentary Secretary appointed under section 44A of the Constitution
Acts Amendment Act 1899 ;
(c) a
member of either House of Parliament;
(d) a
judicial officer;
(e)
a police officer;
(f) a
person authorised under a written law to execute or serve any process of a
court or tribunal for remuneration;
(g) a
public service officer within the meaning of the Public Sector
Management Act 1994 ;
(h) a
member, officer, or employee of a public authority;
(i)
the holder of —
(i)
an office that is established for a public purpose under
a written law; or
(ii)
an office that is established by the Governor or a
Minister;
(j) an
officer of the Commonwealth who exercises or discharges on behalf of this
State a function under a written law; or
(k) any
other person holding office under the State of Western Australia;
public sector contractor means —
(a) a
person who, other than as an employee, contracts with a public authority or
the State of Western Australia to supply goods or services to or on behalf of
the authority or the State or as directed in accordance with the contract;
(b) a
person who, other than as an employee, contracts with a public authority or
the State of Western Australia to perform a public function; or
(c) a
subcontractor or employee of a person referred to in paragraph (a)
or (b) and each person who contracts with another person for the
execution of the whole or part of the requirements of a contract referred to
in those paragraphs.
(2) The regulations
made for the purpose of paragraph (g) of the definition of “public
authority” in subsection (1) can only declare a body or holder of
an office to be a public authority if —
(a) the
body or office is established or continued under a written law; or
(b) it
is a corporation or association over which control can be exercised
by —
(i)
the State;
(ii)
a body referred to in paragraph (b), (c), (e) or (f)
of that definition; or
(iii)
a body or the holder of an office declared by the
regulations to be a public authority.
[Section 3 amended by No. 48 of 2003
s. 62; No. 78 of 2003 s. 74(2); No. 59 of 2006 s. 73;
No. 77 of 2006 s. 17; No. 8 of 2008 s. 18.]