sec.20Meaning of unit of public administration

### sec.20 Meaning of unit of public administration Each of the following is a unit of public administration — the Legislative Assembly, and the parliamentary service; the Executive Council; a department; the police service; a local government; a corporate entity established by an Act or that is of a description of a corporate entity provided for by an Act which, in either case, collects revenues or raises funds under the authority of an Act; a noncorporate entity, established or maintained under an Act, that— is funded to any extent with State moneys; or is financially assisted by the State; a State court, of whatever jurisdiction, and its registry and other administrative offices; another entity prescribed under a regulation. However, none of the following is a unit of public administration— the commission; the parliamentary commissioner; the entity consisting of— the parliamentary commissioner; and officers and employees of the parliamentary service assigned to the parliamentary commissioner; and persons engaged to provide the parliamentary commissioner with services, information or advice; an entity declared by an Act not to be a unit of public administration. The Minister may recommend to the Governor in Council the making of a regulation under subsection (1) (h) prescribing an entity to be a unit of public administration only if the Minister— is satisfied the entity— is supported directly or indirectly by government funds or other government assistance; or is an entity over which government is in a position to exercise control; or is established under an Act; or is given public functions under an Act; and considers it is in the public interest for the entity to be prescribed as a unit of public administration. In deciding whether it would be in the public interest for the entity to be prescribed as a unit of public administration, the Minister may have regard to each of the following matters— if the entity is a company, whether it is a company limited by shares; the size of the entity, having regard to the number of the entity’s employees or the entity’s turnover; the purpose of the entity, including whether it is performing functions that are generally identified with the functions of government; the extent to which functions of the entity have previously been performed by government; the extent to which the entity has been the subject of an adverse comment by a regulatory or investigatory body such as the auditor-general or the commission; any other relevant matter. Also, for subsection (1) (h) , an entity may be prescribed under a regulation to be a unit of public administration in relation to only a part of the entity’s functions. s 20 amd 2008 No. 51 s 52 ; 2024 No. 41 s 4 (sec.20-ssec.1) Each of the following is a unit of public administration — the Legislative Assembly, and the parliamentary service; the Executive Council; a department; the police service; a local government; a corporate entity established by an Act or that is of a description of a corporate entity provided for by an Act which, in either case, collects revenues or raises funds under the authority of an Act; a noncorporate entity, established or maintained under an Act, that— is funded to any extent with State moneys; or is financially assisted by the State; a State court, of whatever jurisdiction, and its registry and other administrative offices; another entity prescribed under a regulation. (sec.20-ssec.2) However, none of the following is a unit of public administration— the commission; the parliamentary commissioner; the entity consisting of— the parliamentary commissioner; and officers and employees of the parliamentary service assigned to the parliamentary commissioner; and persons engaged to provide the parliamentary commissioner with services, information or advice; an entity declared by an Act not to be a unit of public administration. (sec.20-ssec.3) The Minister may recommend to the Governor in Council the making of a regulation under subsection (1) (h) prescribing an entity to be a unit of public administration only if the Minister— is satisfied the entity— is supported directly or indirectly by government funds or other government assistance; or is an entity over which government is in a position to exercise control; or is established under an Act; or is given public functions under an Act; and considers it is in the public interest for the entity to be prescribed as a unit of public administration. (sec.20-ssec.4) In deciding whether it would be in the public interest for the entity to be prescribed as a unit of public administration, the Minister may have regard to each of the following matters— if the entity is a company, whether it is a company limited by shares; the size of the entity, having regard to the number of the entity’s employees or the entity’s turnover; the purpose of the entity, including whether it is performing functions that are generally identified with the functions of government; the extent to which functions of the entity have previously been performed by government; the extent to which the entity has been the subject of an adverse comment by a regulatory or investigatory body such as the auditor-general or the commission; any other relevant matter. (sec.20-ssec.5) Also, for subsection (1) (h) , an entity may be prescribed under a regulation to be a unit of public administration in relation to only a part of the entity’s functions. - (a) the Legislative Assembly, and the parliamentary service; - (b) the Executive Council; - (c) a department; - (d) the police service; - (da) a local government; - (e) a corporate entity established by an Act or that is of a description of a corporate entity provided for by an Act which, in either case, collects revenues or raises funds under the authority of an Act; - (f) a noncorporate entity, established or maintained under an Act, that— (i) is funded to any extent with State moneys; or (ii) is financially assisted by the State; - (i) is funded to any extent with State moneys; or - (ii) is financially assisted by the State; - (g) a State court, of whatever jurisdiction, and its registry and other administrative offices; - (h) another entity prescribed under a regulation. - (i) is funded to any extent with State moneys; or - (ii) is financially assisted by the State; - (a) the commission; - (b) the parliamentary commissioner; - (c) the entity consisting of— (i) the parliamentary commissioner; and (ii) officers and employees of the parliamentary service assigned to the parliamentary commissioner; and (iii) persons engaged to provide the parliamentary commissioner with services, information or advice; - (i) the parliamentary commissioner; and - (ii) officers and employees of the parliamentary service assigned to the parliamentary commissioner; and - (iii) persons engaged to provide the parliamentary commissioner with services, information or advice; - (d) an entity declared by an Act not to be a unit of public administration. - (i) the parliamentary commissioner; and - (ii) officers and employees of the parliamentary service assigned to the parliamentary commissioner; and - (iii) persons engaged to provide the parliamentary commissioner with services, information or advice; - (a) is satisfied the entity— (i) is supported directly or indirectly by government funds or other government assistance; or (ii) is an entity over which government is in a position to exercise control; or (iii) is established under an Act; or (iv) is given public functions under an Act; and - (i) is supported directly or indirectly by government funds or other government assistance; or - (ii) is an entity over which government is in a position to exercise control; or - (iii) is established under an Act; or - (iv) is given public functions under an Act; and - (b) considers it is in the public interest for the entity to be prescribed as a unit of public administration. - (i) is supported directly or indirectly by government funds or other government assistance; or - (ii) is an entity over which government is in a position to exercise control; or - (iii) is established under an Act; or - (iv) is given public functions under an Act; and - (a) if the entity is a company, whether it is a company limited by shares; - (b) the size of the entity, having regard to the number of the entity’s employees or the entity’s turnover; - (c) the purpose of the entity, including whether it is performing functions that are generally identified with the functions of government; - (d) the extent to which functions of the entity have previously been performed by government; - (e) the extent to which the entity has been the subject of an adverse comment by a regulatory or investigatory body such as the auditor-general or the commission; - (f) any other relevant matter.