9. Officials

Guide to this section

The purpose of this section is to prescribe certain persons, or classes of persons, to be, or not to be, officials of a Commonwealth entity.

It is made for paragraphs 13(3)(c) and (4)(d), and subsection 13(5), of the Act.

(1) A person, or a person in a class, referred to in column 2 of an item in the following table is an official of the Commonwealth entity referred to in column 1 of that item.

Persons who are officials of Commonwealth entities
  Column 1 Column 2
Item Commonwealth entity Persons who are officials
1 A Commonwealth entity (other than a listed entity) Any of the following persons whose services are made available to the entityin connection with the performance of any of the entity’s functions:

(a) an official of another Commonwealth entity;

(b) an employee of a Commonwealth company;

(c) an officer or employee of a State or Territory;

(d) an officer or employee of an authority of a State or Territory.

1A A non‑corporate Commonwealth entity A person in relation to whom all of the following apply:

(a) the person is an individual who is:

(i) engaged as a consultant or independent contractor to provide services to the entity; or

(ii) an employee of a person engaged as a consultant or independent contractor to provide services to the entity;

(b) the services require the exercise of a particular power, the performance of a particular function, or the discharge of a particular duty, conferred on any person by the Act or a rule made under it;

(c) the individual is capable of being identified by name by the accountable authority of the entity in relation to the exercise of the power, the performance of the function or the discharge of the duty.

2 The Department of the Prime Minister and Cabinet A person performing, or assisting in the performance of, the functions of the Independent Auditor under Part 7 of the Auditor-General Act 1997.
3 The Department of Defence A member of the Australian Defence Force.
4 The Coal Mining Industry (Long Service Leave Funding) Corporation A person engaged as a consultant or independent contractor to the Corporation who:

(a) makes, or participates in making, decisions that affect the whole, or a substantial part, or the operations of the Corporation; or

(b) has the capacity to affect significantly the Corporation’s financial standing.

(2) A person, or a person in a class, referred to in column 2 of an item in the following table is not an official of theCommonwealth entity referred to in column 1 of that item.

Persons who are not officials of Commonwealth entities
  Column 1 Column 2
Item Commonwealth entity Persons who are not officials

1

The Australian Broadcasting Corporation A person appointed to an Advisory Council or advisory committee under section 11 of the Australian Broadcasting Corporation Act 1983.
2 The Department of Defence An officer, instructor or cadet in the Australian Air Force Cadets, the Australian Army Cadets, or the Australian Navy Cadets.
Related glossary terms: 

Last updated: 13 January 2016