5Public sector organisations

5 Public sector organisations (1) Subject to this section, a public sector organisation is any of the (a) an Agency; (b) a Government Business Division; (c) a Government owned corporation; (d) a local government council; (e) a statutory corporation; (f) a person appointed, or body established, by or under an Act or by the Administrator or by a minister; (g) the Police Force of the Northern Territory; (h) a person holding an office or position under an Act; (i) a court of the Territory; (j) a tribunal of the Territory; (k) a person or body declared by the Regulations to be a public (2) The following are not public sector organisations: (a) the Commissioner; (b) a person or body declared by the Regulations not to be a public sector organisation. (3) The following are not Agencies: (a) an Agency that is a Government Business Division; (b) if a Government Business Division forms part of an Agency – that part of the Agency. (4) A Government Business Division or Government owned corporation is a public sector organisation for personal information only. Information Act 2002 11 (4A) A public sector organisation may be declared by the Regulations to be a public sector organisation for personal information only. (5) This Act does not apply to: (a) a court in relation to its judicial functions; or (b) except as expressly provided in Parts 7A and 8 – a tribunal in relation to its decision-making functions; or (c) a coroner as defined in section 3 of the Coroners Act 1993 in relation to an inquest or inquiry under that Act; or (d) the Local Court in relation to a preliminary examination under Part V of the Local Court (Criminal Procedure) Act 1928. (6) For this Act, other than Part 2 (General principles about disclosure of information) and Part 9 (Records and archives management), a public sector organisation includes a minister, but only to the extent that the minister holds government information connected with his or her responsibilities as the holder of that office. (6A) To avoid doubt, for Part 3, a minister and a member of the staff of a minister (each a ministerial entity) is not a public sector organisation in relation to recorded information in any form, (including data in a computer system), including a part or copy of that information, held by the ministerial entity that: (a) was created or received by the ministerial entity; and (b) has not been shared with or provided to a public sector organisation other than another ministerial entity. (7) A reference to a public sector organisation includes a reference to the following: (a) the chief executive officer of the organisation; (b) an officer, employee or agent of the organisation; (c) a contract service provider to the extent of the services it provides under the service contract; (d) an employee or agent of a contract service provider to the extent of the employee's or agent's involvement in collecting or handling personal information under the service contract; Information Act 2002 12 (e) a person (other than a contract service provider) who provides services to the organisation under a contract between the organisation or the Territory and that person or another person to the extent of the services provided. (8) A reference to a court or tribunal includes a reference to the (a) the members of the court or tribunal; (b) the registrar (however described) and the other officers of the court or tribunal; (c) the staff in the registry and other offices of the court or tribunal; (d) the personal staff of the members of the court or tribunal; (e) any other staff of the court or tribunal.