3Interpretation

### 3 Interpretation > > (1)  In this Act, unless the contrary intention appears – > > > > > [*\[Section 3 Subsection (1) amended by No. 68 of 2009, s. 5, Applied:01 Oct 2010\]*](/view/html/inforce/2010-10-01/act-2009-068#GS5@Hpa@EN) ***agency*** means a State Service Agency and includes the Police Service; > > > > [*\[Section 3 Subsection (1) amended by No. 68 of 2009, s. 5, Applied:01 Oct 2010\]*](/view/html/inforce/2010-10-01/act-2009-068#GS5@Hpb@EN) > > > > > [*\[Section 3 Subsection (1) amended by No. 68 of 2009, s. 5, Applied:01 Oct 2010\]*](/view/html/inforce/2010-10-01/act-2009-068#GS5@Hpb@EN) ***contractor*** means – > > > > > > > > (a) a person who at any time has entered into a contract with a public body for the supply of goods or services to, or on behalf of, the public body; or > > > > > > > > > (b) an employee of the contractor; or > > > > > > > > > (c) a subcontractor engaged by the contractor to fulfil all or part of a contract with a public body for the supply of goods or services to, or on behalf of, the public body; > > > > > ***corrupt conduct*** means – > > > > > > > > (a) conduct of a person (whether or not a public officer) that adversely affects, or could adversely affect, either directly or indirectly, the honest performance of a public officer's or public body's functions; or > > > > > > > > > (b) conduct of a public officer that amounts to the performance of any of his or her functions as a public officer dishonestly or with inappropriate partiality; or > > > > > > > > > (c) conduct of a public officer, a former public officer or a public body that amounts to a breach of public trust; or > > > > > > > > > (d) conduct of a public officer, a former public officer or a public body that amounts to the misuse of information or material acquired in the course of the performance of their functions as such (whether for the benefit of that person or body or otherwise); or > > > > > > > > > (e) a conspiracy or attempt to engage in conduct referred to in [paragraph (a)](#GS3@Gs1@Nd3713039994213@Hpa@EN) , [(b)](#GS3@Gs1@Nd3713039994213@Hpb@EN) , [(c)](#GS3@Gs1@Nd3713039994213@Hpc@EN) or [(d)](#GS3@Gs1@Nd3713039994213@Hpd@EN) ; > > > > > ***councillor*** has the same meaning as in the [Local Government Act 1993](/view/html/inforce/2026-04-12/act-1993-095) ; > > > > > [*\[Section 3 Subsection (1) amended by No. 68 of 2009, s. 5, Applied:01 Oct 2010\]*](/view/html/inforce/2010-10-01/act-2009-068#GS5@Hpc@EN) ***council-owned company*** means a company incorporated under the Corporations Act that is controlled by one or more councils or another company that is so controlled; > > > > > ***detrimental action*** includes – > > > > > > > > (a) action causing injury, loss or damage; and > > > > > > > > > (b) intimidation or harassment; and > > > > > > > > > (c) discrimination, disadvantage or adverse treatment in relation to a person's employment, career, profession, trade or business, including the taking of disciplinary action; and > > > > > > > > > (d) threats of detrimental action; > > > > > ***disclosed matter*** means a matter disclosed in a disclosure determined under [Part 5](#HP5@EN) or [8](#HP8@EN) to be a public interest disclosure; > > > > [*\[Section 3 Subsection (1) amended by No. 68 of 2009, s. 5, Applied:01 Oct 2010\]*](/view/html/inforce/2010-10-01/act-2009-068#GS5@Hpd@EN) > > > > > [*\[Section 3 Subsection (1) amended by No. 68 of 2009, s. 5, Applied:01 Oct 2010\]*](/view/html/inforce/2010-10-01/act-2009-068#GS5@Hpd@EN) ***improper conduct*** means – > > > > > > > > (a) conduct that constitutes an illegal or unlawful activity; or > > > > > > > > > (b) corrupt conduct; or > > > > > > > > > (c) conduct that constitutes maladministration; or > > > > > > > > > (d) conduct that constitutes professional misconduct; or > > > > > > > > > (e) conduct that constitutes a waste of public resources; or > > > > > > > > > (f) conduct that constitutes a danger to public health or safety or to both public health and safety; or > > > > > > > > > (g) conduct that constitutes a danger to the environment; or > > > > > > > > > (h) misconduct, including breaches of applicable codes of conduct; or > > > > > > > > > (i) conduct that constitutes detrimental action against a person who makes a public interest disclosure under this Act – > > > > > > that is serious or significant as determined in accordance with guidelines issued by the Ombudsman; > > > > > [*\[Section 3 Subsection (1) amended by No. 68 of 2009, s. 5, Applied:01 Oct 2010\]*](/view/html/inforce/2010-10-01/act-2009-068#GS5@Hpd@EN) ***Integrity Commission*** has the same meaning as in the [Integrity Commission Act 2009](/view/html/inforce/2026-04-12/act-2009-067) ; > > > > > [*\[Section 3 Subsection (1) amended by No. 68 of 2009, s. 5, Applied:01 Oct 2010\]*](/view/html/inforce/2010-10-01/act-2009-068#GS5@Hpd@EN) ***Joint Committee*** has the same meaning as in the [Integrity Commission Act 2009](/view/html/inforce/2026-04-12/act-2009-067) ; > > > > > [*\[Section 3 Subsection (1) amended by No. 68 of 2009, s. 5, Applied:01 Oct 2010\]*](/view/html/inforce/2010-10-01/act-2009-068#GS5@Hpd@EN) ***principal officer*** means – > > > > > > > > (a) the Secretary of a State Service Agency; or > > > > > > > > > (b) the general manager of a council, but only in relation to the employees of that council; or > > > > > > > > > (c) the chief executive officer of a State-owned company or council-owned company; or > > > > > > > > > (d) the chief executive officer of a Government Business Enterprise; or > > > > > > > > > (e) the principal administrative officer of a public body; or > > > > > > > > > (f) such other person as may be prescribed; > > > > [*\[Section 3 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-076#JS1@Ja60@GC1@EN) > > > > > ***protected disclosure*** has the meaning given to it by [section 14](#GS14@EN) ; > > > > > [*\[Section 3 Subsection (1) amended by No. 68 of 2009, s. 5, Applied:01 Oct 2010\]*](/view/html/inforce/2010-10-01/act-2009-068#GS5@Hpe@EN) ***Public Accounts Committee*** means the Parliamentary Standing Committee of Public Accounts established under the [Public Accounts Committee Act 1970](/view/html/inforce/2026-04-12/act-1970-054) ; > > > > > [*\[Section 3 Subsection (1) amended by No. 68 of 2009, s. 5, Applied:01 Oct 2010\]*](/view/html/inforce/2010-10-01/act-2009-068#GS5@Hpe@EN) ***public interest disclosure officer*** means a person appointed as a public interest disclosure officer under [section 62A](#GS62A@EN) ; > > > > > [*\[Section 3 Subsection (1) amended by No. 68 of 2009, s. 5, Applied:01 Oct 2010\]*](/view/html/inforce/2010-10-01/act-2009-068#GS5@Hpf@EN) ***public body*** means a public body referred to in [section 4](#GS4@EN) ; > > > > [*\[Section 3 Subsection (1) amended by No. 68 of 2009, s. 5, Applied:01 Oct 2010\]*](/view/html/inforce/2010-10-01/act-2009-068#GS5@Hpf@EN) > > > > > [*\[Section 3 Subsection (1) amended by No. 68 of 2009, s. 5, Applied:01 Oct 2010\]*](/view/html/inforce/2010-10-01/act-2009-068#GS5@Hpf@EN) ***public officer*** means a public officer referred to in [section 4](#GS4@EN) ; > > > > > ***relevant Minister*** means – > > > > > > > > (a) in relation to a public body, the Minister responsible for the public body; or > > > > > > > > > (b) in relation to a public officer, the Minister responsible for that public officer; > > > > > ***State-owned company*** means a company incorporated under the Corporations Act that is controlled by the Crown, a Government Business Enterprise or a statutory authority or another company that is so controlled; > > > > > ***statutory authority*** means a body or authority, whether incorporated or not, that is established or constituted by or under an Act or under the Royal Prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another statutory authority but does not include an agency. > > > (2)  For the purposes of this Act, the general manager of a council is taken to be the chief executive officer of a public body in relation to an employee of that council.