Public interest disclosure glossary

Definition of legal terms from the Public Interest Disclosure Act
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For more help and advice, speak to your internal PID Officer.

Public interest information

Is information about a public authority, a public officer, or a public sector contractor. It tends to show that, in relation to their performance of a public function (either before or after the commencement of this Act), they have been, or propose to be, involved in:

  • improper conduct

  • an act or omission that constitutes an offence under a written law

  • a substantial unauthorised or irregular use of, or substantial mismanagement of, public resources

  • an action or omission that involves a substantial and specific risk of –

    • injury to public health

    • prejudice to public safety, or

    • harm to the environment

  • a matter of administration that can be investigated under section 14 of the Parliamentary Commissioner Act 1971.

Public authority

Is:

  • a department of the Public Service established under section 35 of the Public Sector Management Act 1994 (PSM Act)
  • an organisation specified in column 2 of Schedule 2 to the PSM Act

  • a non-SES organisation within the meaning of the term in section 3(1) of the PSM Act

  • a local government or a regional local government

  • a body that is established or continued for a public purpose under a written law

  • a body that is established by the Governor or a Minister

  • 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 officer

Is:

  • a Minister of the Crown

  • a Parliamentary Secretary appointed under section 44A of the Constitution Acts Amendment Act 1899

  • a member of either House of Parliament

  • a judicial officer

  • a police officer

  • a person authorised under a written law to execute or serve any process of a court or tribunal for remuneration

  • a public service officer within the meaning of the PSM Act

  • a member, officer, or employee of a public authority

  • the holder of:

    • an office that is established for a public purpose under a written law, or

    • an office that is established by the Governor or a Minister

  • an officer of the Commonwealth who exercises or discharges on behalf of this State a function under a written law

  • any other person holding office under the State of 91¶ÌÊÓÆµ.

Public sector contractor

Is:

  • a person who, other than as an employee, contracts with a public authority or the State of 91¶ÌÊÓÆµ to supply goods or services to or on behalf of the authority or the State or as directed in accordance with the contract

  • a person who, other than as an employee, contracts with a public authority or the State of 91¶ÌÊÓÆµ to perform a public function

  • a subcontractor or employee of a person referred to either of the above points 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.

Proper authority

A public interest disclosure has to be made to a proper authority. A proper authority is the PID Officer within a public authority where the wrongdoing has occurred. A proper authority may also be a particular authority specifically named in s.5(3) of the PID Act to receive disclosures about particular types of information.

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