9Act binds the Crown

9 Act binds the Crown (1) This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. (2) Nothing in this Act makes the Crown in any of its capacities liable to be prosecuted for an offence. Part 2—Application of this Act Division 1—Public sector organisations 10 Application to public sector (1) This Act applies to— (a) a Minister; (b) a Parliamentary Secretary, including the Parliamentary Secretary of the Cabinet; (c) a member of the Parliament of Victoria; (d) a public sector agency; (e) a Council; (f) a body established or appointed for a public purpose by or under an Act; (g) a body established or appointed for a public purpose by the Governor in Council, or by a Minister, otherwise than under an Act; (h) a person holding an office or position established by or under an Act or to which he or she was appointed by the Governor in Council, or by a Minister, otherwise than under an Act; (i) a court or tribunal; S. 10(1)(j) substituted by No. 37/2014 s. 10(Sch. item 77.2). (j) Victoria Police; (k) a denominational hospital within the meaning of the **Health Services Act 1988**; (l) a privately operated hospital within the meaning of the **Health Services Act 1988**; (m) any other body that is declared, or to the extent that it is declared, by an Order under subsection (2) to be an organisation for the purposes of this subsection— that is a health service provider or collects, holds or uses health information. (2) The Governor in Council may, by Order published in the Government Gazette, declare a body to be, either wholly or to the extent specified in the Order, an organisation for the purposes of subsection (1). (3) A person or body to which this Act applies by force of subsection (1) is an organisation for the purposes of this Act, either wholly or to the relevant extent. (4) This section is subject to Division 3. S. 10(5) inserted by No. 98/2003 s. 12(1). (5) Despite subsections (1) and (2), nothing in this Act applies to an agency within the meaning of the Privacy Act 1988 of the Commonwealth.