Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of this Act:
(a) a public official means an individual mentioned in column 1 of an item of the following table; and
(b) the public official belongs to the agency mentioned in column 2 of the item.
Public officials and the agencies to which they belong | ||
Item | Column 1 | Column 2 Agency to which the public official belongs |
1 | An APS employee in a Department. | The Department. |
2 | A member of staff of an agency other than a Department (including an APS employee in the agency). | The agency. |
3 | A Secretary of a Department. | The Department. |
4 | The principal officer of an agency other than a Department (see section 73). | The agency. |
An individual who constitutes a prescribed authority. | The prescribed authority. | |
8 | A member of a prescribed authority (other than a court). | The prescribed authority. |
9 | A director of a Commonwealth company. | The Commonwealth company. |
10 | A member of the Defence Force, or a cadet, officer or instructor in the Australian Defence Force Cadets. | The Defence Department. |
11 | An AFP appointee (within the meaning of the Australian Federal Police Act 1979 ). | The Australian Federal Police. |
12 | A Parliamentary Service employee (within the meaning of the Parliamentary Service Act 1999 ). | The Department in which the Parliamentary service employee is employed. |
13 | An individual who: (a) is employed by the Commonwealth otherwise than as an APS employee; and (b) performs duties for an agency. | The agency. |
A statutory officeholder, other than an individual covered by any of the above items. | Whichever of the following agencies is applicable: (a) if the statutory officeholder is a deputy (however described) of the principal officer of an agency--that agency; (b) if the statutory officeholder performs the duties of his or her office as duties of his or her employment as an officer of or under an agency--that agency; | |
15 | An individual who is a contracted service provider for a Commonwealth contract. | Whichever of the following agencies is applicable: |
An individual who: (a) is an officer or employee of a contracted service provider for a Commonwealth contract; and (b) provides services for the purposes (whether direct or indirect) of the Commonwealth contract. | Whichever of the following agencies is applicable: | |
17 | An individual (other than a statutory officeholder or an official of a registered industrial organisation) who exercises powers, or performs functions, conferred on the individual by or under a law of the Commonwealth, other than: (b) the Australian Capital Territory (Self - Government) Act 1988 ; or (c) the Corporations Act 2001 ; or (e) the Northern Territory (Self - Government) Act 1978 ; or (f) a provision prescribed by the PID rules. | The Department administered by the Minister administering that law. |
17A | An individual who exercises powers, or performs functions, conferred on the individual under a law in force in Norfolk Island (whether the law is a law of the Commonwealth or a law of the Territory). | The Department administered by the Minister administering the Norfolk Island Act 1979 . |
18 | An individual who exercises powers, or performs functions, conferred on the individual under a law in force in the Territory of Christmas Island (whether the law is a law of the Commonwealth or a law of the Territory). | The Department administered by the Minister administering the Christmas Island Act 1958. |
19 | An individual who exercises powers, or performs functions, conferred on the individual under a law in force in the Territory of Cocos (Keeling) Islands (whether the law is a law of the Commonwealth or a law of the Territory). | The Department administered by the Minister administering the Cocos (Keeling) Islands Act 1955. |
20 | The Registrar, or a Deputy Registrar, of Aboriginal and Torres Strait Islander Corporations. | The Department administered by the Minister administering the Corporations (Aboriginal and Torres Strait Islander) Act 2006. |
Note: A public interest disclosure may be made by a person who is, or has been, a public official within the meaning of this Subdivision (see section 26).
(2) A statutory officeholder means an individual (other than an official of a registered industrial organisation) who holds or performs the duties of an office established by or under a law of the Commonwealth, other than:
(a) the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ; or
(b) the Australian Capital Territory (Self - Government) Act 1988 ; or
(c) the Corporations Act 2001 ; or
(e) the Northern Territory (Self - Government) Act 1978 .
(3) For the purposes of item 2 of the table in subsection (1):
(a) a person who is a member of the staff referred to in subsection 31(1) of the Ombudsman Act 1976 is taken to be a member of the staff of the Ombudsman; and
(b) a person covered by subsection 32(1) of the Inspector - General of Intelligence and Security Act 1986 is taken to be a member of the staff of the IGIS; and
(c) a person (other than the National Anti - Corruption Commissioner) who is listed in section 266 of the National Anti - Corruption Commission Act 2022 is taken to be a member of the staff of the National Anti - Corruption Commission.
(4) Despite subsections (1) and (2), the following are not public officials :
(a) a judicial officer;
(b) a member of a Royal Commission;
(c) a member of Parliament;
(d) a person employed under the Members of Parliament (Staff) Act 1984 .