5Definitions

#### 5 Definitions 5 Definitions > > (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires— > > > > Aboriginal program, for Part 3B—see section 25K. > > > > administration includes administration of an estate or a trust whether involving the exercise of executive functions of government or the exercise of other functions. > > > > appointed day means the day appointed and notified under section 2 (2). > > > > conduct means— > > > > > (a) any action or inaction relating to a matter of administration, and > > > > > (b) any alleged action or inaction relating to a matter of administration. > > > > head means— > > > > > (a) in relation to a public authority that is a Public Service agency or a person employed in a Public Service agency—the head of the agency, and > > > > > (a1) in relation to a person employed by a political office holder under Part 2 of the [Members of Parliament Staff Act 2013](/view/html/inforce/current/act-2013-041)—the chief of staff of the office of that office holder, and > > > > > (b) in relation to a public authority that is a local government authority, or a member or employee of a local government authority—the mayor (or other presiding officer) of the local government authority, and > > > > > (c) in relation to a public authority that is a corporation sole, or who is a person employed by a corporation sole—the person constituting the corporation, and > > > > > (d) in relation to a public authority that is any other body, whether incorporated or unincorporated, or who is a person employed by such a body—the chief executive officer of that body or, if the affairs of the body are directed by a governing body, the person who presides at meetings of that governing body, and > > > > > (e) in any other case—the person prescribed by the regulations, or in the absence of any regulation prescribing a person, the person who, in the opinion of the Ombudsman, is the chief executive of the public authority. > > > > Joint Committee means the joint committee called the Committee on the Ombudsman, the Law Enforcement Conduct Commission and the Crime Commission, constituted under this Act. > > > > local government authority means a council, a county council or a joint organisation within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030). > > > > medical practitioner has the same meaning as in the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a). > > > > person includes an unincorporated body of persons. > > > > public authority means the following— > > > > > (a) any person appointed to an office by the Governor, > > > > > (b) any statutory body representing the Crown, > > > > > (c) any Public Service agency or any person employed in a Public Service agency, > > > > > (d) any person in the service of the Crown or of any statutory body representing the Crown, > > > > > (d1) any person employed by a political office holder under Part 2 of the [Members of Parliament Staff Act 2013](/view/html/inforce/current/act-2013-041), > > > > > (e) an auditable entity within the meaning of the [Government Sector Audit Act 1983](/view/html/inforce/current/act-1983-152), > > > > > (f) a person entitled to be reimbursed from public funds for expenses associated with attending meetings or carrying out the business of a body constituted by an Act, > > > > > (f1) any accreditation authority or registered certifier within the meaning of the [Building and Development Certifiers Act 2018](/view/html/inforce/current/act-2018-063), > > > > > (f2) any body declared by the regulations to be a public authority for the purposes of this Act, > > > > > (g) any holder of an office declared by the regulations to be an office of a public authority for the purposes of this Act, > > > > > (g1) any local government authority or any member or employee of a local government authority, > > > > > (g2) an approved charitable organisation, within the meaning of the [Prevention of Cruelty to Animals Act 1979](/view/html/inforce/current/act-1979-200), to the extent the organisation’s conduct relates to the exercise of functions under that Act, > > > > > (h) any person acting for or on behalf of, or in the place of, or as deputy or delegate of, any person described in any of the foregoing paragraphs. > > > > psychologist has the same meaning as in the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a). > > > > regulations means regulations made under this Act. > > > > responsible Minister means— > > > > > (a) in relation to a public authority that is a Public Service agency or a person employed in a Public Service agency—the Minister responsible for that agency or, in the case where more than one Minister is responsible for that agency, the Minister who, in the opinion of the Ombudsman, is most nearly connected with the conduct of that agency, and > > > > > (b) in relation to a public authority that is a local government authority or a member or employee of a local government authority—the Minister administering the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), and > > > > > (c) in relation to a public authority, not referred to in paragraph (a) or (b), involved in the administration of an Act or part of an Act—the Minister administering the Act or the relevant part of the Act, and > > > > > (c1) in relation to a public authority who is a person employed by a political office holder under Part 2 of the [Members of Parliament Staff Act 2013](/view/html/inforce/current/act-2013-041)—the Premier, and > > > > > (d) in relation to any other public authority—the Minister who, in the opinion of the Ombudsman, is the most nearly concerned with the conduct of the public authority. > > > > Supreme Court means the Supreme Court of New South Wales. > > > > Note. > > > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act. > > > (1A), (2) (Repealed) > > > (3) A reference in this Act, except in section 37 (2) (e), to an officer of the Ombudsman includes a reference to an acting Ombudsman, a Deputy Ombudsman and an Assistant Ombudsman. > > > (4) In this Act, a reference to— > > > > > (a) a function includes a reference to a power, authority and duty, and > > > > > (b) the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. > > > (5) Notes included in this Act do not form part of this Act. > > **s 5:** Am 1976 No 39, Sch 1 (2); 1978 No 81, Sch 1 (1); 1983 No 189, Schs 1 (1), 2 (2); 1983 No 193, Sch 1 (2); 1986 No 218, Sch 29; 1987 No 136, sec 3; 1989 No 226, Sch 1; 1990 No 79, Sch 1 (1); 1993 No 38, Sch 4; 1994 No 9, Sch 2 (1); 1995 No 11, Sch 1; 1996 No 29, Sch 4 \[1\]; 1997 No 147, Sch 2.20; 1997 No 152, Sch 4.27; 1998 No 54, Sch 1.13 \[1\]–\[5\]; 2005 No 77, Sch 6.12 \[1\]; 2009 No 96, Sch 15 \[1\]; 2012 No 66, Sch 5.10 \[1\]; 2013 No 41, Sch 3.4 \[1\]–\[3\]; 2014 No 33, Sch 3.21 \[1\]–\[4\]; 2016 No 61, Sch 6.35 \[1\]–\[3\]; 2017 No 65, Sch 2.20; 2018 No 63, Sch 3.10; 2018 No 70, Sch 4.77\[1\] \[2\]; 2022 No 14, Sch 5\[1\]; 2024 No 51, Sch 4; 2024 No 52, Sch 1\[1\] \[2\]; 2024 No 82, Sch 2.12\[1\] \[2\].