Who is a public officer?

The ICAC Act defines that each of the following is a public officer:

  1. a Minister
  2. a Member of the Legislative Assembly (MLA)
  3. a judicial officer
  4. the holder of an office established under an Act who is appointed by the Administrator or a minister
  5. a member, officer or employee of  a public body
  6. any other person engaged, whether under the Contracts Act or otherwise, by or on behalf of a person mentioned in paragraphs (a) to (e) in relation to the performance of official functions.

Examples of public officers include, but are not limited to: a public sector employee, a police officer, a ministerial advisor, a local council member, or a local council employee.

What is a public body?

The ICAC Act defines that each of the following is a public body:

  1. an agency
  2. a local government council
  3. the Police Force
  4. a court
  5. a board, commission, tribunal or other body established under an Act that has judicial or quasi-judicial functions in the performance of its deliberate functions
  6. a body, whether incorporate or not, established under an Act
  7. a body whose members, or a major of whose members are appointed by the Administrator or a minister
  8. a government owned corporation
  9. a nursing home
  10. a public hospital
  11. a university
  12. any other body, whether incorporated or not, that receives (directly or indirectly) public resources, or, performs a function on behalf of the Territory, a public body or public officer (whether under contract or otherwise).

Examples of public bodies include, but are not limited to, bodies such as: the NT Civil and Administrative Tribunal, any NT Government department, the Alice Springs Town Council, the NT Supreme Court, Royal Darwin Hospital, Charles Darwin University, or non-government organisations in receipt of government funding (such as via grant or procurement contract) providing services to a government department, and/or to the community on behalf of a government department.

Who is not a public officer?

The ICAC Act specifies that the following are not public officers:

  1. the ICAC Inspector
  2. a member of the ICAC Inspector’s staff in relation to the official functions of the Inspector
  3. an Acting ICAC appointed to investigate the ICAC, the ICAC’s Officer or a member of ICAC staff, in relation to the investigation.