Queensland Consolidated Acts

CRIME AND CORRUPTION ACT 2001 - SECT 20

20 Meaning of unit of public administration

(1) Each of the following is a
"unit of public administration" —

(a) the Legislative Assembly, and the parliamentary service;

(b) the Executive Council;

(c) a department;

(d) the police service;

(da) a local government;

(e) a corporate entity established by an Act or that is of a description of a corporate entity provided for by an Act which, in either case, collects revenues or raises funds under the authority of an Act;

(f) a noncorporate entity, established or maintained under an Act, that—

(i) is funded to any extent with State moneys; or

(ii) is financially assisted by the State;

(g) a State court, of whatever jurisdiction, and its registry and other administrative offices;

(h) another entity prescribed under a regulation.

(2) However, none of the following is a unit of public administration—

(a) the commission;

(b) the parliamentary commissioner;

(c) the entity consisting of—

(i) the parliamentary commissioner; and

(ii) officers and employees of the parliamentary service assigned to the parliamentary commissioner; and

(iii) persons engaged to provide the parliamentary commissioner with services, information or advice;

(d) an entity declared by an Act not to be a unit of public administration.

(3) The Minister may recommend to the Governor in Council the making of a regulation under subsection (1) (h) prescribing an entity to be a unit of public administration only if the Minister—

(a) is satisfied the entity—

(i) is supported directly or indirectly by government funds or other government assistance; or

(ii) is an entity over which government is in a position to exercise control; or

(iii) is established under an Act; or

(iv) is given public functions under an Act; and

(b) considers it is in the public interest for the entity to be prescribed as a unit of public administration.

(4) In deciding whether it would be in the public interest for the entity to be prescribed as a unit of public administration, the Minister may have regard to each of the following matters—

(a) if the entity is a company, whether it is a company limited by shares;

(b) the size of the entity, having regard to the number of the entity’s employees or the entity’s turnover;

(c) the purpose of the entity, including whether it is performing functions that are generally identified with the functions of government;

(d) the extent to which functions of the entity have previously been performed by government;

(e) the extent to which the entity has been the subject of an adverse comment by a regulatory or investigatory body such as the auditor-general or the commission;

(f) any other relevant matter.

(5) Also, for subsection (1) (h) , an entity may be prescribed under a regulation to be a unit of public administration in relation to only a part of the entity’s functions.