Who is a public officer?
The ICAC Act defines that each of the following is a public officer:
- a Minister
- a Member of the Legislative Assembly (MLA)
- a judicial officer
- the holder of an office established under an Act who is appointed by the Administrator or a minister
- a member, officer or employee of a public body
- 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:
- an agency
- a local government council
- the Police Force
- a court
- 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
- a body, whether incorporate or not, established under an Act
- a body whose members, or a major of whose members are appointed by the Administrator or a minister
- a government owned corporation
- a nursing home
- a public hospital
- a university
- 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:
- the ICAC Inspector
- a member of the ICAC Inspector’s staff in relation to the official functions of the Inspector
- an Acting ICAC appointed to investigate the ICAC, the ICAC’s Officer or a member of ICAC staff, in relation to the investigation.