Queensland Numbered Acts

HUMAN RIGHTS ACT 2019 - SECT 9

9 Meaning of public entity

(1) Each of the following entities is a
"public entity" —

(a) a government entity within the meaning of the Public Service Act 2008 , section 24 ;

(b) a public service employee;

(c) the Queensland Police Service;

(d) a local government, a councillor of a local government or a local government employee;

(e) a Minister;

(f) an entity established under an Act when the entity is performing functions of a public nature;

(g) a member of a portfolio committee when the committee is acting in an administrative capacity;

(h) an entity whose functions are, or include, functions of a public nature when it is performing the functions for the State or a public entity (whether under contract or otherwise);

Example of an entity not performing functions of a public nature for the State—

A non-State school is not a public entity merely because it performs functions of a public nature in educating students because it is not doing so for the State.

(i) a person, not otherwise mentioned in paragraphs (a) to (h) , who is a staff member or executive officer (however called) of a public entity;

(j) an entity prescribed by regulation to be a public entity.

(2) A
"public entity" includes—

(a) a registered provider when the provider is performing functions of a public nature in the State; and

(b) a non-State police officer, under the Police Service Administration Act 1990 , section 5 .17, while the officer—

(i) is appointed as a special constable under section 5 .16(1) of that Act; or

(ii) is authorised under section 5 .17(2) of that Act to exercise the powers of a police officer; or

(iii) is exercising a power under another law of the State.

(3) Also, a
"public entity" includes an entity for which a declaration is in force under section 60 .

(4) However, a
"public entity" does not include—

(a) the Legislative Assembly or a person performing functions in connection with proceedings in the Assembly, except when acting in an administrative capacity; or

(b) a court or tribunal, except when acting in an administrative capacity; or

(c) an entity prescribed by regulation not to be a public entity.

(5) In this section—

"entity" means an entity in and for Queensland.

"registered provider" means a registered provider of supports or a registered NDIS provider under the National Disability Insurance Scheme Act 2013 (Cwlth) .