New South Wales Consolidated Acts

GOVERNMENT SECTOR FINANCE ACT 2018 - SECT 2.9

2.9 Government officers

(1) Each of the following is a
"government officer" --

(a) a person who is the head of a GSF agency,

(b) a person employed in or by a GSF agency,

(c) a person who is a statutory officer and not a Public Service employee under the Government Sector Employment Act 2013 , but who is the head of, or exercises functions in relation to, a Public Service agency,

(d) a person working for a GSF agency by way of secondment from another GSF agency,

(e) any other person (or person of a kind) prescribed by the regulations as a government officer.

Note--: Section 59 of the Government Sector Employment Act 2013 provides that a reference in another Act to an officer or employee of a statutory body or statutory officer is to be read as including a reference--

(a) to a Public Service employee who is employed to enable the statutory body or statutory officer to exercise functions, and

(b) to any other person whose services the statutory body or statutory officer makes use of (whether by way of secondment or otherwise).

(2) However, a
"government officer" does not include any of the following--

(a) the Governor, Lieutenant-Governor or Administrator of the State,

(b) a Minister, a member of the Executive Council or a Parliamentary Secretary,

(c) a member of the Legislative Council or the Legislative Assembly,

(d) a judicial officer within the meaning of the Judicial Officers Act 1986 (including a registrar when performing judicial functions),

(e) a person who is a member of the staff of the Judicial Commission of New South Wales employed under the Judicial Officers Act 1986 ,

(f) an officer or employee of either House of Parliament or any officer or employee under the separate control of the President or Speaker, or under their joint control,

(g) a person employed under the Members of Parliament Staff Act 2013 ,

(h) a person who is a member of the governing body of a GSF agency but not employed in or by the agency or any other GSF agency,

(i) a person exercising functions for or on behalf of a GSF agency as a volunteer, consultant or contractor (except a person of the kind and to the extent specified by the regulations),

(j) a person employed by an entity that is not a GSF agency who is working for a GSF agency by way of secondment,

(k) any other person (or person of a kind) prescribed by the regulations not to be a government officer.

(3) A government officer is a
"government officer of a GSF agency" if the officer--

(a) has any of the relationships referred to in subsection (1) (a)-(d) with the agency, or

(b) is an officer (or officer of a kind) prescribed by the regulations as a government officer of the agency.