Public Interest Disclosures Act 1994 No 92
Current version for 3 April 2013 to date (accessed 21 May 2013 at 18:50)
4A Public officials
(1) In this Act, public official
means:(a) an individual who is an employee of or otherwise in the service of
a public authority, and includes (without limitation) each of the
following:(i) a person employed under the Public Sector Employment and Management Act
2002,
(ii) a member of Parliament, but not for the purposes of a disclosure
made by the member,
(iii) a person employed by either or both of the President of the
Legislative Council or the Speaker of the Legislative
Assembly,
(iv) any other individual having public official functions or acting in
a public official capacity whose conduct and activities may be investigated by
an investigating authority,
(v) an individual in the service of the Crown,
or
(b) an individual who is engaged by a public authority under a
contract to provide services to or on behalf of the public authority,
or
(c) if a corporation is engaged by a public authority under a contract
to provide services to or on behalf of the public authority, an employee or
officer of the corporation who provides or is to provide the contracted
services or any part of those services.
(2) Without limiting subsection (1) and to avoid doubt, particular
examples of public officials are as follows:(a) a volunteer rural fire fighter who is an officer or other member
of a rural fire brigade under the Rural
Fires Act 1997,
(b) a volunteer officer or volunteer member of an SES unit (within the
meaning of the State Emergency Service Act
1989),
(c) an officer of the Royal Society for the Prevention of Cruelty to
Animals, New South Wales who is an inspector under the Prevention of Cruelty to Animals Act
1979,
(d) a person who is employed by a management company for a managed
correctional centre (within the meaning of the Crimes (Administration of Sentences) Act
1999) to perform duties at the correctional centre and who is
authorised under section 240 of that Act to perform those
duties,
(e) an accredited certifier (within the meaning of the Environmental Planning and Assessment Act
1979).
(3) A person who is a public official referred to in subsection (1)
(b) or (c) is taken, for the purposes of this Act, to belong to the public
authority with whom the relevant contract is made.