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Public Interest Disclosures Act 2002 (No. 16 of 2002)
Requested:  15 Jan 2014
Consolidated as at:  1 Oct 2010

3. Interpretation

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

agency means a State Service Agency and includes the Police Service;
contractor means –

(a) 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; or

(b) an employee of the contractor; or

(c) a subcontractor engaged by the contractor to fulfil all or part of 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;
council-owned company means a company incorporated under the Corporations Act that is controlled by one or more councils or another company that is so controlled;
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) conduct that constitutes an illegal or unlawful activity; or

(b) corrupt conduct; or

(c) conduct that constitutes maladministration; or

(d) conduct that constitutes professional misconduct; or

(e) conduct that constitutes a waste of public resources; or

(f) conduct that constitutes a danger to public health or safety or to both public health and safety; or

(g) conduct that constitutes a danger to the environment; or

(h) misconduct, including breaches of applicable codes of conduct; or

(i) conduct that constitutes detrimental action against a person who makes a public interest disclosure under this Act –

that is serious or significant as determined in accordance with guidelines issued by the Ombudsman;
Integrity Commission has the same meaning as in the Integrity Commission Act 2009;
Joint Committee has the same meaning as in the Integrity Commission Act 2009;
principal officer means –

(a) the Secretary of a State Service Agency; or

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

(c) the chief executive officer of a State-owned company or council-owned company; or

(d) the chief executive officer of a Government Business Enterprise; or

(e) the principal administrative officer of a public body; or

(f) such other person as may be prescribed;

protected disclosure has the meaning given to it by section 14;
Public Accounts Committee means the Parliamentary Standing Committee of Public Accounts established under the Public Accounts Committee Act 1970;
public interest disclosure officer means a person appointed as a public interest disclosure officer under section 62A;
public body means a public body referred to in section 4;
public officer means a public officer referred to in section 4;
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.



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