Definitions of public official and public authority


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Public authority includes the following:

(a) a public service agency or any other government sector agency within the meaning of Public Sector Employment Act 2013,

(b) a statutory body representing the Crown,

(c) a person or body in respect of or for whose functions an administrative or operating cost account is maintained, where the account:

(i) forms part of the accounts prepared under the Public Finance and Audit Act 1983,Where

(ii) is required by or under any law to be audited by the Auditor General, or

(iii) is an account in respect of which the Auditor General has powers under any law, or

(iv) is an account in respect of which the Auditor General may exercise powers under an Act relating to the audit of accounts at the request of a Minister of the Crown,

(d) a local government authority,

(e) the New South Wales Police Force,

(f) a body, or the holder of a position, declared by the regulations to be a body or a position within the meaning of this definition.

…..

public official means an individual performing public official duties or acting as a public official, and includes any of the following:

(a) the Governor (whether or not acting on the advice of the Executive Council),

(b) a person appointed to office by the Governor,

(c) a Minister of the Crown, a member of the Executive Council or a Parliamentary Secretary,

(d) a member of the Legislative Council or the Legislative Assembly,

(e) a person employed by the Speaker of the Legislative Council or the Speaker of the Legislative Assembly or both,

(e1) a person employed under the Members of Parliament Staff Act 2013

(f) a judge, magistrate or holder of any other judicial office (whether exercising judicial, ministerial or other functions),

(g) a person employed in a public service agency or any other government sector agency within the meaning of Public Sector Employment Act 2013,

(h) an individual who constitutes or is a member of a public authority,

(i) a person in the service of the Crown or a public authority,

(j) an individual entitled to reimbursement of expenses, out of a fund of which an account referred to in paragraph (d) of the definition public authority is maintained, to attend meetings or conduct the business of any body incorporated by law,

(k) a member of the Police Force,

(k1) an accredited certifier within the meaning of Environmental Planning and Assessment Act 1979,

(l) the holder of an office declared by the regulations to be an office within the meaning of this definition,

(m) an employee or any person otherwise engaged by or acting for or on behalf of, or in place of, or as an alternate or delegate of a public authority or any person or body described in any of the paragraphs previous ones.




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