NSWIn ForceAct
Public Interest Disclosures Act 2022
6Legal personality and responsibilities of agency head
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#### 6 Legal personality and responsibilities of agency head
6 Legal personality and responsibilities of agency head
> > (1) If this Act confers or imposes a function on an agency or entity that the agency or entity is incapable of exercising merely because the agency or entity is not a person, the function is taken to be conferred or imposed on the head of the agency or entity.
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> > Note.
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> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) defines person to include an individual, a corporation and a body corporate or politic.
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> > (2) Without limiting subsection (1), the head of an agency is responsible for ensuring the agency complies with this Act and the agency’s public interest disclosure policy.
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> > (3) Subsection (2) applies—
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> > > (a) whether or not the agency is a person, and
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> > > (b) whether or not the agency’s functions under this Act are exercised by a person who is not the head of the agency.
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> > Note.
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> > See also sections 80 and 81.
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> **s 6:** Am 2023 No 7, Sch 3.23.