Northern Territory Numbered Acts Northern Territory Numbered ActsIn this Act:
"Acting ICAC" means a person appointed under section 121 (1) or (2).
"acting in an official capacity", in relation to a person, means the person is performing functions under, or otherwise related to the administration of, this Act.
"anti-democratic conduct", see section 15 .
"Assembly Committee" means the committee (if any) designated under section 5 .
"Australian parliament" means:
(a) the Legislative Assembly; or
(b) the Parliament of the Commonwealth or a State; or
(c) the parliament or legislature of another Territory.
"authorised officer" means:
(a) the ICAC; or
(b) a person appointed as an authorised officer under section 131 .
"breach of public trust", see section 13 .
"claimant", for Part 5, Division 2, see section 84 .
"claimant's representative", for Part 5, Division 2, see section 84 .
"Clerk", for Part 5, Division 2, see section 84 .
"closed session", for Part 5, Division 1, see section 78 .
"conduct" means an act or an omission to perform an act.
"conflict of interest", see section 10 (6).
"connected to public affairs", in relation to conduct, means:
(a) conduct in the course of, or closely related to, the performance of official functions, including conduct engaged in otherwise than in the performance of official functions that adversely affects or could adversely affect, directly or indirectly, the honest, impartial or effective performance of those functions; or
(b) conduct that affects the use, allocation or receipt of public resources to which a public officer has access in connection with being a public officer; or
(c) conduct involving the use of authority or perceived authority that a person has as a result of being a public officer or representing themselves as a public officer.
"corrupt conduct", see section 10 .
eligible person :
(a) for appointment as the ICAC – see section 114 (1); or
(b) for appointment as the Inspector – see section 134 (2).
"engage in conduct" means:
(a) perform an act; or
(b) omit to perform an act.
"engage in retaliation", see section 95 .
"examination" means an examination under section 34 for an investigation.
"function" includes duty and power.
"general report", see section 48 (1).
"give evidence" means give evidence for an investigation, including by answering a question, giving information or producing an item.
"harm":
(a) generally – includes any of the following:
(i) injury, loss or damage;
(ii) intimidation or harassment;
(iii) discrimination, disadvantage or adverse treatment (including disciplinary action), in relation to employment, career, profession, trade or business; or
(b) for protection of protected persons – see section 112 (4).
"health practitioner" means:
(a) a medical practitioner; or
(b) a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student).
"ICAC" means the Independent Commissioner Against Corruption established by section 17 .
"ICAC Minister" means the minister administering this Act.
"ICAC premises" means premises occupied by the ICAC, the ICAC's Office or a member of ICAC staff in connection with the performance of official functions.
"ICAC's Office" means the Agency of that name specified in Schedule 1 to the Public Sector Employment and Management Act .
"identifying information" means information identifying, or tending to identify, a protected person.
"improper conduct", see section 9 .
"independent entity" means any of the following:
(a) the Speaker;
(b) the Deputy Speaker;
(c) a court;
(d) a judicial officer;
(e) a board, commission, tribunal or other body established under an Act that has judicial or quasi-judicial functions in the performance of its deliberative functions;
(f) a member of an entity mentioned in paragraph (e);
(g) a coroner;
(h) the Director of Public Prosecutions;
(i) the Auditor-General;
(j) the Ombudsman;
(k) the Anti-Discrimination Commissioner;
(l) the Children's Commissioner;
(m) the Electoral Commissioner;
(n) the Commissioner of Police in relation to a referral if:
(i) the matter referred does not involve an allegation of corrupt conduct of a police officer or a person employed or engaged by the Commissioner of Police; or
(ii) the matter referred involves an allegation of improper conduct of a police officer or a person employed or engaged by the Commissioner of Police and the ICAC considers the ICAC has no good reason to maintain oversight of the matter;
(o) a law enforcement agency of another jurisdiction;
(p) an agency of another Australian jurisdiction that has functions similar to those of the ICAC;
(q) an entity prescribed, or of a class prescribed, by regulation.
"Inspector" means the Inspector appointed under section 134 (1).
"investigation" means an investigation under Part 3, Division 5 including a joint investigation under section 38 .
"investigation report", see section 50 (1).
"irrelevant criminal record", see section 4(1) of the Anti-Discrimination Act .
"item" means a document or other thing.
"judicial officer" means any of the following:
(a) a Supreme Court Judge;
(b) a Local Court Judge;
(c) an Associate Judge;
(d) a judicial officer acting as a coroner;
(e) a judicial officer performing duties as the President or Deputy President of the Civil and Administrative Tribunal.
"law enforcement agency" means an entity, in the Territory or elsewhere in Australia, that has functions in relation to the investigation of offences or the prosecution of persons for offences.
"local councillor" means a member of a local government council.
"member of ICAC staff" means a person mentioned in section 123 (1).
"member of Inspector staff" means a person mentioned in section 142 (1).
"misconduct", see section 11 .
"misleading information" means information that is misleading in a material particular or because of the omission of a material particular.
"MLA "means member of the Legislative Assembly.
"nominated recipient", see section 97 .
"non-disclosure direction" means a direction under section 147 .
"occurs", in relation to conduct, means the conduct is engaged in.
"official information" means information known to, or held by or on behalf of, a public officer or public body in relation to official functions, whether the information:
(a) has or has not been recorded; or
(b) is held alone or jointly with another person or body; or
(c) is in the Territory or elsewhere.
"open session", for Part 5, Division 1, see section 78 .
"parliamentary privilege", see section 83 .
"perform" a function includes exercise a power.
political opinion, affiliation or activity has the same meaning as in the Anti-Discrimination Act .
"political party", see section 3 of the Electoral Act .
"premises" includes:
(a) land; and
(b) a permanent or temporary building or structure on land; and
(c) an aircraft, vehicle or vessel.
"prohibited reason", in relation to retaliation, see section 95 (2).
"proper officer", for Part 5, Division 2, see section 84 .
"protected action", see section 92 .
"protected communication", see section 93 .
"protected person":
(a) generally – means a person who takes or has taken protected action; and
(b) for retaliation – includes a person whom the person engaging in retaliation believes or suspects is taking or has taken protected action.
"public body", see section 16 (1).
"public inquiry" means an inquiry under Part 3, Division 6.
"public inquiry report", see section 52 (1).
"public officer", see section 16 (2).
"public resources", see section 14 .
"public statement" means a statement by the ICAC under section 55 .
"referral" means a referral of a matter by the ICAC under Part 3, Division 4.
"referral entity" means any person or body identified in section 25 to whom or to which a matter may be referred.
"report concerning recommendations" means a report by the ICAC under section 58 .
"representation", for Part 5, Division 1, see section 78 .
"responsible Minister", for a public body or public officer, means the minister having responsibility for the area or activity of government that is applicable to the public body or public officer.
Note for definition responsible Minister
See section 19(3) of the Interpretation Act.
"retaliation", see section 95 .
"retention notice", see section 71 (1)(e).
"search warrant", means a search warrant issued under section 68 .
"secured item", for Part 5, Division 2, see section 84 .
"subject of privilege", for Part 5, Division 2, see section 85 .
"superior Court" means:
(a) the Supreme Court; or
(b) a Supreme Court of a State or another Territory; or
(c) the High Court of Australia; or
(d) the Federal Court of Australia.
"unsatisfactory conduct", see section 12 .
"victim", in relation to retaliation, see section 95 .
Note for section 4
The Interpretation Act contains definitions and other provisions that may be relevant to this Act.