Higher Education Support Act 2003

Chapter 5 - Administration  

PART 5-4 - Management of information  

Division 179 - Protection of personal information  

SECTION 179-15   Meanings of officer etc. and official employment   Meaning of officer

179-15(1)  
A person is an officer if:

(a)  the person is or was a *Commonwealth officer (see subsection (2)); or

(b)  the person is or was an *officer of a higher education provider (see subsection (3)); or

(ba)  

the person is or was an *officer of a registered higher education provider (see subsection (3AA)); or

(c)  

the person is or was an *officer of Open Universities Australia (see subsection (3A)); or

(d)  

the person is or was an *officer of a Tertiary Admission Centre (see subsection (3B)).

179-15(2)  
A Commonwealth officer is a person who holds office under, or is employed by, the Commonwealth, and includes the following:

(a)  a person appointed or engaged under the Public Service Act 1999 ;

(b)  a person permanently or temporarily employed:

(i) in the Public Service of a Territory (other than the Northern Territory); or

(ii) in, or in connection with, the Defence Force; or

(iii) in the Service of any authority or body constituted by or under a law of the Commonwealth or of a Territory (other than the Northern Territory);

(c)  the Commissioner of the Australian Federal Police, a Deputy Commissioner of the Australian Federal Police, an AFP employee or a special member of the Australian Federal Police (all within the meaning of the Australian Federal Police Act 1979 );

(d)  a person who, although not holding office under, or employed by:

(i) the Commonwealth; or

(ii) a Territory (other than the Northern Territory); or

(iii) any authority or body constituted by or under a law of the Commonwealth or of a Territory (other than the Northern Territory);

performs services for or on behalf of the Commonwealth, a Territory (other than the Northern Territory), or such an authority or body;

(e)  a person who is an employee of the Australian Postal Corporation;

(f)  a person who performs services for or on behalf of the Australian Postal Corporation;

(g)  an employee of a person who performs services for or on behalf of the Australian Postal Corporation.

179-15(3)  
A person is an officer of a higher education provider if the person is:

(a)  an officer or employee of the provider; or

(b)  a person who, although not an officer or employee of the provider, performs services for or on behalf of the provider.

179-15(3AA)  

A person is an officer of a registered higher education provider if the person is:

(a)  an officer or employee of the provider; or

(b)  a person who, although not an officer or employee of the provider, performs services for or on behalf of the provider.

179-15(3A)  

A person is an officer of Open Universities Australia if the person is:

(a)  

an officer or employee of *Open Universities Australia; or

(b)  

a person who, although not an officer or employee of Open Universities Australia, performs services for or on behalf of Open Universities Australia.

179-15(3B)  

A person is an officer of a Tertiary Admission Centre if the person is:

(a)  an officer or employee of the *Tertiary Admission Centre; or

(b)  a person who, although not an officer or employee of the Tertiary Admission Centre, performs services for or on behalf of the Tertiary Admission Centre.

Meaning of official employment

179-15(4)  
Official employment of an *officer is:

(a)  

for a *Commonwealth officer - the performance of duties or functions, or the exercise of powers under, or for the purposes of:

(i) this Act; or

(ii) the Higher Education Support (HELP Tuition Protection Levy) Act 2020 ; or

(iii) the Higher Education (Up-front Payments Tuition Protection Levy) Act 2020 ; or

(iv) the *TEQSA Act; or

(v) the VET Student Loans Act 2016 ; or

(b)  for an *officer of a higher education provider - service as such an officer; or

(ba)  

for an *officer of a registered higher education provider - service as such an officer; or

(c)  

for an *officer of Open Universities Australia-service as such an officer; or

(d)  

for an *officer of a Tertiary Admission Centre - service as such an officer.