Who is a public officer?
The ICAC Act defines a public officer as:
- a Minister;
- a Member of the L;egislative 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; and
- 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 a public body as:
- a government 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 incorporated or not, established under an Act;
- a body whose members, or a majority of whose members are appointed by the Administrator or a minister;
- a government owned corporation;
- a nursing home;
- a public hospital;
- a university; and
- 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 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 Commissioner appointed to investigate the Commissioner, the ICAC’s officer or a member of ICAC staff in relation to the investigation.