{"id":"C2004A03450","name":"Australian Institute of Health and Welfare Act 1987","slug":"australian-institute-of-health-and-welfare-act-1987","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"41 of 1987","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7634,"registerId":"commonwealth-C2004A03450-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"An Act to establish an Australian Institute of Health and Welfare, and for related purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Institute of Health and Welfare Act 1987.\n\n#### 2 Commencement\n\n  This Act shall come into operation on a day to be fixed by Proclamation.\n\n#### 2A Simplified outline of this Act\n\nThis Act establishes the Australian Institute of Health and Welfare.\n\nThe main functions of the Institute are the following:\n\n(a) to collect and produce information and statistics relating to health and welfare;\n\n(b) to coordinate and provide assistance for the collection and production of information and statistics relating to health and welfare by other bodies or persons;\n\n(c) to conduct and promote research into the health of the people of Australia and their health services;\n\n(d) to publish reports on work carried out by or in association with the Institute;\n\n(e) to make recommendations to the Minister on the prevention and treatment of diseases and the improvement and promotion of the health and health awareness of the people of Australia.\n\nThe Institute must perform its functions and exercise its powers in accordance with directions given by the Minister.\n\nThis Act also establishes the Board of the Institute. The Board’s main functions are to ensure the proper, efficient and effective performance of the Institute’s functions.\n\nThere is to be a Chief Executive Officer of the Institute. The CEO is responsible for the day‑to‑day administration of the Institute.\n\nThere is to be an Australian Institute of Health and Welfare Ethics Committee. The Institute may appoint other committees to assist the Institute in performing its functions.\n\nThis Act also deals with miscellaneous matters, including delegations, confidentiality and the power to make regulations.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Board means the Board of the Institute.\n\n> CEO means the Chief Executive Officer of the Institute.\n\n> Chair means the Chair of the Board.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> Ethics Committee means the Australian Institute of Health and Welfare Ethics Committee.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> health‑related information and statistics means information and statistics collected and produced from data relevant to health or health services.\n\n> Institute means the Australian Institute of Health and Welfare.\n\n> member means a member of the Board, and includes the Chair and the Deputy Chair.\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> production means compilation, analysis and dissemination.\n\n> State Health Minister means:\n\n    (a) the Minister of the Crown for a State;\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to health in the State, the Australian Capital Territory or the Northern Territory, as the case may be.\n\n> State Housing Minister means:\n\n    (a) the Minister of the Crown for a State; or\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to housing in the State or Territory, as the case may be.\n\n> State or Territory agency means:\n\n    (a) a Department of a State or Territory; or\n    (b) a body (whether incorporated or not) established for a public purpose by or under a law of a State or Territory.\n\n> State Welfare Minister means:\n\n    (a) the Minister of the Crown for a State; or\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to welfare in the State or Territory, as the case may be.\n\n> trust money means money received or held by the Institute on trust.\n\n> trust property means property received or held by the Institute on trust.\n\n> welfare‑related information and statistics means information and statistics collected and produced from data relevant to the provision of welfare services.\n\n> welfare services includes:\n\n    (a) aged care services; and\n    (b) child care services (including services designed to encourage or support participation by parents in educational courses, training and the labour force); and\n    (c) services for people with disabilities; and\n    (d) housing assistance (including programs designed to provide access to secure housing in the long term and programs to provide access to crisis accommodation in the short term); and\n    (e) child welfare services (including, in particular, child protection and substitute care services); and\n    (f) other community services.\n\n## Part II—Australian Institute of Health and Welfare\n\n### Division 1—Establishment, functions and powers of Institute\n\n#### 4 Establishment of Institute\n\n  (1) There is hereby established a body to be known as the Australian Institute of Health and Welfare.\n  (2) The Institute:\n    (a) is a body corporate with perpetual succession;\n    (b) shall have a common seal; and\n    (c) may sue and be sued in its corporate name.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Institute. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the common seal of the Institute affixed to a document and shall presume that it was duly affixed.\n\n#### 5 Functions of the Institute\n\n  Institute to have health‑related and welfare‑related functions\n  (1AA) The functions of the Institute are:\n    (a) the health‑related functions conferred by subsection (1); and\n    (b) the welfare‑related functions conferred by subsection (1A).\n  Health‑related functions\n  (1) The Institute’s health‑related functions are:\n    (a) to collect health‑related information and statistics, in consultation with the Australian Bureau of Statistics if necessary, whether by the Institute itself or in association with other bodies or persons;\n    (b) to produce health‑related information and statistics, whether by itself or in association with other bodies or persons;\n    (c) to co‑ordinate the collection and production of health‑related information and statistics by other bodies or persons;\n    (d) to provide assistance, including financial assistance, for the collection and production of health‑related information and statistics by other bodies or persons;\n    (e) to develop methods and undertake studies designed to assess the provision, use, cost and effectiveness of health services and health technologies;\n    (f) to conduct and promote research into the health of the people of Australia and their health services;\n    (g) to develop, in consultation with the Australian Bureau of Statistics, specialised statistical standards and classifications relevant to health and health services, and advise the Bureau on the data to be used by it for the purposes of health‑related statistics;\n    (h) subject to section 29, to enable researchers to have access to health‑related information and statistics held by the Institute or by bodies or persons with whom contracts or arrangements have been entered into by the Institute;\n    (j) to publish methodological and substantive reports on work carried out by or in association with the Institute under this subsection;\n    (k) to make recommendations to the Minister on the prevention and treatment of diseases and the improvement and promotion of the health and health awareness of the people of Australia; and\n    (m) to do anything incidental to any of the foregoing.\n  Welfare‑related functions\n  (1A) The Institute’s welfare‑related functions are:\n    (a) to collect welfare‑related information and statistics, in consultation with the Australian Bureau of Statistics if necessary, whether by the Institute itself or in association with other bodies or persons; and\n    (b) to produce welfare‑related information and statistics (whether by itself or in association with other bodies or persons); and\n    (c) to co‑ordinate the collection and production of welfare‑related information and statistics by other bodies or persons; and\n    (d) to provide assistance (including financial assistance) for the collection and production of welfare‑related information and statistics by other bodies or persons; and\n    (e) to develop, in consultation with the Australian Bureau of Statistics, specialised statistical standards and classifications relevant to welfare services; and\n    (f) subject to section 29, to enable researchers to have access to welfare‑related information and statistics held by the Institute or by bodies or persons with whom contracts or arrangements have been entered into by the Institute; and\n    (g) to publish methodological and substantive reports on work carried out by or in association with the Institute under this subsection; and\n    (h) to do anything incidental to the functions conferred by paragraphs (a) to (g).\n  Functions of Australian Bureau of Statistics not limited by this section\n  (3) This section is not intended to limit the functions of the Australian Bureau of Statistics.\n\n#### 6 Powers of Institute\n\n  The Institute has power to do all things necessary or convenient to be done for or in connection with the performance of its functions and, in particular, has power:\n    (a) to enter into contracts or arrangements, including contracts or arrangements with bodies or persons to perform functions on behalf of the Institute;\n    (b) to acquire, hold and dispose of real or personal property;\n    (c) to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Institute;\n    (d) to appoint agents and attorneys and act as an agent for other persons;\n    (e) to accept gifts, grants, devises and bequests made to the Institute, whether on trust or otherwise, and to act as trustee of money or other property vested in the Institute on trust;\n    (f) subject to section 29, to:\n    (i) release data to other bodies or persons; and\n    (ii) publish the results of any of its work; and\n    (g) to do anything incidental to any of its powers.\n\n#### 7 Directions by Minister\n\n  (1) The Minister may, by notifiable instrument, give a direction to the Institute with respect to the performance of its functions or the exercise of its powers.\n  (1A) The Minister must consult the Chair before giving any direction to the Institute.\n  (1B) The Minister must consult each State Health Minister before giving the direction if the direction relates to the Institute’s health‑related functions.\n  (1C) The Minister must consult each State Welfare Minister before giving the direction if the direction:\n    (a) relates to the Institute’s welfare‑related functions; and\n    (b) does not concern housing matters.\n  (1D) The Minister must consult each State Housing Minister before giving the direction if the direction:\n    (a) relates to the Institute’s welfare‑related functions; and\n    (b) concerns housing matters.\n  (1E) The Minister must cause a copy of any direction given under subsection (1) to be delivered, in writing, to the Chair as soon as practicable.\n  (1F) A failure to comply with subsection (1E) does not affect the validity of the direction.\n  (2) The Institute shall comply with any direction given under subsection (1).\n  (3) This section does not affect the application, in relation to the Institute, of section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities).\n\n### Division 2—Board of the Institute\n\n#### Subdivision A—Establishment and functions of the Board\n\n#### 8 Establishment of the Board\n\n  The Board of the Institute is established by this section.\n\n#### 8A Functions of the Board\n\n  (1) The functions of the Board are:\n    (a) to ensure the proper, efficient and effective performance of the Institute’s functions; and\n    (b) any other functions conferred on the Board by this Act.\n  (2) The Board has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n  (3) Anything done in the name of, or on behalf of, the Institute by the Board, or with the authority of the Board, is taken to have been done by the Institute.\n\n#### Subdivision B—Membership of the Board\n\n#### 9 Membership\n\n  The Board consists of the following members:\n    (a) the Chair;\n    (b) the Deputy Chair;\n    (c) the CEO;\n    (d) not more than 3 members nominated by State Health Ministers;\n    (e) not more than 6 other members.\n\n#### Subdivision C—Members of the Board\n\n#### 10 Application of this Subdivision\n\n  This Subdivision applies to members other than the CEO.\n\n> Note: Division 4 deals with the office of the CEO.\n\n#### 11 Appointment of members\n\n  Members\n  (1) A member is to be appointed by the Minister by written instrument, on a part‑time basis.\n  Chair and Deputy Chair\n  (2) The Minister must appoint one member to be the Chair and another member to be the Deputy Chair.\n  Eligibility for appointment\n  (3) A person is not eligible for appointment as a member unless the Minister is satisfied that the person has appropriate skills or experience, or significant standing, in one or more of the following fields:\n    (a) public administration in relation to health, welfare or housing;\n    (b) education;\n    (c) Aboriginal and Torres Strait Islander health and welfare;\n    (d) data and data standards;\n    (e) statistics and statistical methods;\n    (f) performance measurement and reporting;\n    (g) financial management;\n    (h) corporate management;\n    (i) consumer interests;\n    (j) law.\n\n#### 11A Term of appointment\n\n  A member holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n> Note: A member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 11B Acting appointments\n\n  (1) The Deputy Chair is to act as the Chair:\n    (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n  (2) The Minister may, by written instrument, appoint a member to act as the Deputy Chair:\n    (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Deputy Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n  (3) The Minister may, by written instrument, appoint a person to act as a member (other than the Chair or the Deputy Chair):\n    (a) during a vacancy in the office of a member (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when a member:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n#### 12 Remuneration\n\n  (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.\n  (2) A member is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 12A Leave of absence\n\n  The Minister may grant a member leave of absence on such terms and conditions as to remuneration or otherwise as the Minister determines.\n\n#### 12B Outside employment\n\n  (1) A member must not engage in any paid work that conflicts or could conflict with the proper performance of the member’s duties.\n  (2) Subsection (1) does not apply to a member who is an official of a State or Territory agency.\n\n#### 12C Other terms and conditions\n\n  A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 13 Resignation\n\n  (1) A member may resign the member’s appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 13A Termination of appointment\n\n  (1) The Minister may terminate the appointment of a member:\n    (a) for misbehaviour; or\n    (b) if the member is unable to perform the duties of the member’s office because of physical or mental incapacity.\n  (2) The Minister may terminate the appointment of the member if:\n    (a) the member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with the member’s creditors; or\n    (iv) makes an assignment of the member’s remuneration for the benefit of the member’s creditors; or\n    (b) the member is absent, except on leave of absence, from 3 consecutive meetings of the Board; or\n    (c) the member engages in paid work that conflicts or could conflict with the proper performance of the member’s duties (see section 12B).\n\n> Note: The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 13B Disclosure of interests\n\n  Neither section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests), nor any rules made for the purposes of that section, apply to a member’s interest if:\n    (a) the member is an official of a State or Territory agency; and\n    (b) the member only has the interest by reason of being an official of the State or Territory agency.\n\n#### Subdivision D—Meetings of the Board\n\n#### 14 Convening of meetings\n\n  (1) The Board must meet at least once every 4 months.\n  (2) The Chair:\n    (a) may convene a meeting at any time; and\n    (b) must convene a meeting on receipt of a written request signed by at least 3 members.\n  (3) The Minister may convene such meetings of the Board as the Minister considers necessary.\n\n#### 14A Presiding at meetings\n\n  (1) The Chair must preside at all meetings of the Board at which the Chair is present.\n  (2) If the Chair is not present at a meeting of the Board, the Deputy Chair must preside.\n\n#### 14B Quorum\n\n  (1) At a meeting of the Board, a quorum is constituted by a majority of members, which must include the Chair or the Deputy Chair.\n  (2) However, if:\n    (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n    (b) when the member leaves the meeting concerned there is no longer a quorum present;\n  the remaining members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.\n\n#### 15 Voting at meetings\n\n  (1) A question arising at a meeting of the Board is to be determined by a majority of the votes of the members present and voting.\n  (2) The person presiding at a meeting of the Board has a deliberative vote and, if the votes are equal, a casting vote.\n\n#### 15A Conduct of meetings\n\n  Subject to this Act and the Public Governance, Performance and Accountability Act 2013, the Board may regulate the procedure of its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which members may participate in meetings.\n\n#### 15B Minutes\n\n  The Board must keep minutes of its meetings.\n\n#### 15C Decisions without meetings\n\n  (1) The Board is taken to have made a decision at a meeting if:\n    (a) without meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and\n    (b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and\n    (c) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n  (2) Subsection (1) applies only if the Board:\n    (a) has determined that it may make decisions of that kind without meeting; and\n    (b) has determined the method by which members are to indicate agreement with proposed decisions.\n  (3) For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.\n  (4) The Board must keep a record of decisions made in accordance with this section.\n\n### Division 3—Committees of Institute\n\n#### 16 Committees\n\n  (1) The Institute shall appoint a committee to be known as the Australian Institute of Health and Welfare Ethics Committee.\n  (2) The functions and composition of the Ethics Committee shall be as prescribed.\n  (3) Regulations for the purpose of subsection (2) must not be inconsistent with recommendations of the CEO of the National Health and Medical Research Council.\n  (4) The Institute may appoint such other committees as it thinks fit to assist it in performing its functions.\n  (5) The functions and composition of a committee appointed under subsection (4) shall be as determined from time to time in writing by the Institute.\n  (6) The succeeding subsections of this section apply in relation to a committee appointed under subsection (1) or (4).\n  (7) The members of a committee may include members of the Board.\n  (8) A member of a committee holds office for such period as is specified in the instrument of appointment.\n  (9) A member of a committee may resign by instrument in writing delivered to the Institute.\n  (10) Except where the Minister otherwise directs in writing, a member of a committee shall be paid such remuneration as is determined by the Remuneration Tribunal.\n  (11) A member of a committee (other than a member of the Board) shall be paid such allowances as are prescribed.\n  (12) Subsections (9) and (10) have effect subject to the Remuneration Tribunal Act 1973.\n  (13) A member of a committee must disclose at a meeting of the committee any pecuniary or other interest:\n    (a) that the member has directly or indirectly in a matter being considered, or about to be considered by the committee; and\n    (b) that would conflict with the proper performance of the member’s functions in relation to the consideration of the matter.\n  The member must make the disclosure as soon as practicable after he or she knows of the relevant facts.\n  (14) The disclosure must be recorded in the minutes of the meeting.\n  (15) Subsection (13) does not apply to an interest held by a member of the Board who is an official of a State or Territory agency, merely because the member is an official of the State or Territory agency.\n\n### Division 4—Chief Executive Officer of Institute\n\n#### 17 Chief Executive Officer\n\n  There is to be a Chief Executive Officer of the Institute.\n\n#### 17A Functions of the CEO\n\n  (1) The CEO is responsible for the day‑to‑day administration of the Institute.\n  (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of the CEO’s duties.\n  (3) All acts and things done in the name of, or on behalf of, the Institute by the CEO shall be deemed to have been done by the Institute.\n  (4) The CEO is to act in accordance with policies and strategies determined by the Board.\n  Board directions\n  (5) The Board may give written directions to the CEO about the performance of the CEO’s functions.\n  (6) The CEO must comply with a direction under subsection (5).\n  (7) A direction under subsection (5) is not a legislative instrument.\n\n#### 17B Appointment\n\n  The CEO is to be appointed by the Board by written instrument.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 17C Term of appointment\n\n  The CEO holds office on a full‑time basis for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n#### 17D Acting appointments\n\n  The Board may, by written instrument, appoint a person to act as the CEO:\n    (a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n#### 18 Remuneration\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18A Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Board may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Board determines.\n\n#### 18B Outside employment\n\n  The CEO must not engage in paid work outside the duties of the CEO’s office without the Board’s approval.\n\n#### 18C Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board.\n\n#### 18D Resignation\n\n  (1) The CEO may resign the CEO’s appointment by giving the Board a written resignation.\n  (2) The resignation takes effect on the day it is received by the Board or, if a later day is specified in the resignation, on that later day.\n\n#### 18E Termination of appointment\n\n  (1) The Board may terminate the appointment of the CEO:\n    (a) for misbehaviour; or\n    (b) if the CEO is unable to perform the duties of the CEO’s office because of physical or mental incapacity.\n  (2) The Board may terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with the CEO’s creditors; or\n    (iv) makes an assignment of the CEO’s remuneration for the benefit of the CEO’s creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Board’s approval, in paid work outside the duties of the CEO’s office (see section 18B).\n\n> Note: The appointment of the CEO may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 18F Certain decisions of the Board\n\n  The CEO must not be present during any deliberation, or take part in any decision, of the Board under this Division.\n\n### Division 5—Staff\n\n#### 19 Staff\n\n  (1) The staff required for the purposes of this Act shall be:\n    (a) persons engaged under the Public Service Act 1999; and\n    (b) persons appointed or employed by the Institute.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n  (3) The Institute may engage as advisers or consultants persons having suitable qualifications and experience.\n  (4) The terms and conditions of appointment or employment of members of the staff referred to in paragraph (1)(b) are such as are determined by the Institute.\n  (5) The terms and conditions of engagement of advisers or consultants are such as are determined by the Institute.\n\n## Part III—Finance\n\n#### 20 Money to be appropriated by Parliament\n\n  (1) There is payable to the Institute such money as is appropriated by the Parliament for the purposes of the Institute.\n  (2) The Finance Minister may give directions as to the means in which, and the times at which, money referred to in subsection (1) is to be paid to the Institute.\n\n#### 22 Money of Institute\n\n  (1) The money of the Institute consists of:\n    (a) money paid to the Institute under an appropriation; and\n    (b) any other money, other than trust money, paid to the Institute.\n  (2) The money of the Institute shall be applied only:\n    (a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Institute in the performance of its functions and the exercise of its powers;\n    (b) in payment of remuneration and allowances payable under this Act; and\n    (c) in making any other payments required or permitted to be made by the Institute.\n  (3) Subsection (2) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Institute.\n\n#### 23 Contracts\n\n  The Institute must not enter into a lease of land for a period of 10 years or more without the written approval of the Minister.\n\n#### 24 Annual report\n\n  The annual report prepared by the members and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:\n    (a) particulars of each direction given under subsection 7(1) that is applicable to the period; or\n    (b) if the Board considers those particulars contain information concerning a person or are of a confidential nature—a statement that a direction under that subsection was given.\n\n#### 25 Trust money and trust property\n\n  The Institute:\n    (a) shall pay trust money into an account or accounts containing no money other than trust money;\n    (b) shall apply or deal with trust money and trust property only in accordance with the powers and duties of the Institute as trustee; and\n    (c) may only invest trust money:\n    (i) in any manner in which the Institute is authorised to invest the money by the terms of the trust; or\n    (ii) in any manner in which trust money may be lawfully invested.\n\n#### 26 Exemption from taxation\n\n  The income, property and transactions of the Institute are not subject to taxation under any law of the Commonwealth or of a State or Territory.\n\n## Part IV—Miscellaneous\n\n#### 27 Delegation by Institute\n\n  (1) The Institute may, either generally or as otherwise provided by the instrument of delegation, by writing under its common seal:\n    (a) delegate to a member;\n    (b) delegate to a member of the staff of the Institute; and\n    (c) with the approval of the Minister—delegate to any other person or body;\n  all or any of the Institute’s powers or functions under this Act, other than this power of delegation.\n  (2) A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Institute.\n  (3) A delegation does not prevent the exercise of a power or performance of a function by the Institute.\n\n#### 28 Delegation by the CEO\n\n  (1) The CEO may, in writing, delegate all or any of the CEO’s functions or powers under this Act to:\n    (a) a member of the staff of the Institute; or\n    (b) with the written approval of the Board—any other person or body.\n  (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the CEO.\n\n#### 29 Confidentiality\n\n  (1) Subject to this section, a person (in this subsection called the informed person) who has:\n    (a) any information concerning another person (which person is in this section called an information subject), being information acquired by the informed person because of:\n    (i) holding an office, engagement or appointment, or being employed, under this Act;\n    (ii) performing a duty or function, or exercising a power, under or in connection with this Act; or\n    (iii) doing any act or thing under an agreement or arrangement entered into by the Institute; or\n    (b) any document relating to another person (which person is in this section also called an information subject), being a document furnished for the purposes of this Act;\n  shall not, except for the purposes of this Act, either directly or indirectly:\n    (c) make a record of any of that information or divulge or communicate any of that information to any person (including an information subject);\n    (d) produce that document to any person (including an information subject); or\n    (e) be required to divulge or communicate any of that information to a court or to produce that document in a court.\n\nPenalty: Imprisonment for 12 months or 20 penalty units, or both.\n\n  (2) Subject to subsections (2A) and (2B), nothing in this section prohibits:\n    (a) a person from divulging or communicating information, or producing a document, to the Minister if it does not identify an information subject;\n    (b) a person from divulging or communicating information, or producing a document, to a person specified in writing by the person (in this subsection called the information provider) who divulged or communicated the information, or produced the document, directly to the Institute;\n    (c) a person from divulging or communicating information, or producing a document, to a person specified in writing by the Ethics Committee if to do so is not contrary to the written terms and conditions (if any) upon which the information provider divulged or communicated the information, or produced the document, directly to the Institute; or\n    (d) the publication of conclusions based on statistics derived from, or of particulars of procedures used in, the work of the Institute, if:\n    (i) to do so is not contrary to the written terms and conditions (if any) upon which an information provider divulged or communicated information relevant to the publication, or produced a document relevant to the publication, directly to the Institute; and\n    (ii) the publication does not identify the information subject.\n  (2A) Paragraph (2)(c) applies only to information that is health‑related or welfare‑related information and statistics.\n  (2B) Paragraph (2)(c) applies to a document only to the extent to which the document contains health‑related or welfare‑related information and statistics.\n  (3) A person to whom information is divulged or communicated, or a document is produced, under paragraph (2)(a), (b) or (c), and any person under the control of that person is, in respect of that information or document, subject to subsection (1) as if the person were a person exercising powers, or performing duties or functions, under this Act and had acquired the information or document in the exercise of those powers or the performance of those duties or functions.\n  (4) In this section:\n    (a) court includes any tribunal, authority or person having power to require the production of documents or the answering of questions;\n    (b) person includes a body or association of persons, whether incorporated or not, and also includes:\n    (i) in the case of an information provider—a body politic; or\n    (ii) in the case of an information subject—a deceased person;\n    (c) produce includes permit access to;\n    (d) publication, in relation to conclusions, statistics or particulars, includes:\n    (i) the divulging or communication to a court of the conclusions, statistics or particulars; and\n    (ii) the production to a court of a document containing the conclusions, statistics or particulars; and\n    (e) a reference to information concerning a person includes:\n    (i) a reference to information as to the whereabouts, existence or non‑existence of a document concerning a person; and\n    (ii) a reference to information identifying a person or body providing information concerning a person.\n\n#### 30 Restricted application of the Epidemiological Studies (Confidentiality) Act 1981\n\n  (1) The Epidemiological Studies (Confidentiality) Act 1981 (in this section called the Confidentiality Act) does not apply to anything done in the exercise of a power or performance of a function under this Act.\n  (2) Notwithstanding the Confidentiality Act, a person who has assisted, or is assisting in, the conduct of a prescribed study or an epidemiological study may, at the written request of the Institute:\n    (a) communicate to the Institute any information acquired by the person because of having assisted, or assisting, in the conduct of that study; and\n    (b) give the Institute access to documents prepared or obtained in the conduct of that study.\n  (3) It is a defence to a prosecution under the Confidentiality Act if it is established that the information was communicated or access to a document was given, as the case may be, in accordance with a written request by the Institute.\n  (4) In this section:\n    (a) epidemiological study has the same meaning as in the Confidentiality Act; and\n    (b) prescribed study has the same meaning as in the Confidentiality Act.\n\n#### 31 Periodical reports\n\n  (1) The Institute shall prepare and, as soon as practicable, and in any event within 6 months:\n    (a) after 31 December 1987—shall submit to the Minister a health report for the period commencing on the commencement of this Act and ending on that date; and\n    (b) after 31 December 1989 and every second 31 December thereafter—shall submit to the Minister a health report for the 2 year period ending on that 31 December.\n  (1A) The Institute must submit to the Minister:\n    (a) as soon as practicable after (and in any event within 6 months of) 30 June 1993, a welfare report prepared by the Institute for the period:\n    (i) beginning on the day on which the Australian Institute of Health Amendment Act 1992 commences; and\n    (ii) ending on 30 June 1993; and\n    (b) as soon as practicable after (and in any event within 6 months of) 30 June 1995 and every second 30 June thereafter, a welfare report for the 2 year period ending on that 30 June.\n  (2) The Institute may at any time submit to the Minister:\n    (a) a health or welfare report for any period; or\n    (b) a report in respect of any matter relating to the exercise of the powers, or the performance of the functions, of the Institute or its committees under this Act.\n  (3) A health report shall provide:\n    (a) statistics and related information concerning the health of the people of Australia; and\n    (b) an outline of the development of health‑related information and statistics by the Institute, whether by itself or in association with other persons or bodies;\n  during the period to which the report relates.\n  (3A) A welfare report must provide:\n    (a) statistics and related information concerning the provision of welfare services to the Australian people; and\n    (b) an outline of the development of welfare‑related information and statistics by the Institute, whether by itself or in association with other persons or bodies;\n  during the period to which the report relates.\n  (4) The Minister shall cause a copy of a report submitted under subsection (1) or (1A) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.\n  (5) The Minister may cause a copy of a report submitted under subsection (2) to be laid before each House of the Parliament.\n\n#### 32 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters required or permitted by this Act to be prescribed.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Australian Institute of Health and Welfare Act 1987.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act shall come into operation on a day to be fixed by Proclamation.","sortOrder":2},{"sectionNumber":"2A","sectionType":"section","heading":"Simplified outline of this Act","content":"#### 2A Simplified outline of this Act\n\nThis Act establishes the Australian Institute of Health and Welfare.\n\nThe main functions of the Institute are the following:\n\n(a) to collect and produce information and statistics relating to health and welfare;\n\n(b) to coordinate and provide assistance for the collection and production of information and statistics relating to health and welfare by other bodies or persons;\n\n(c) to conduct and promote research into the health of the people of Australia and their health services;\n\n(d) to publish reports on work carried out by or in association with the Institute;\n\n(e) to make recommendations to the Minister on the prevention and treatment of diseases and the improvement and promotion of the health and health awareness of the people of Australia.\n\nThe Institute must perform its functions and exercise its powers in accordance with directions given by the Minister.\n\nThis Act also establishes the Board of the Institute. The Board’s main functions are to ensure the proper, efficient and effective performance of the Institute’s functions.\n\nThere is to be a Chief Executive Officer of the Institute. The CEO is responsible for the day‑to‑day administration of the Institute.\n\nThere is to be an Australian Institute of Health and Welfare Ethics Committee. The Institute may appoint other committees to assist the Institute in performing its functions.\n\nThis Act also deals with miscellaneous matters, including delegations, confidentiality and the power to make regulations.","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Board means the Board of the Institute.\n\n> CEO means the Chief Executive Officer of the Institute.\n\n> Chair means the Chair of the Board.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> Ethics Committee means the Australian Institute of Health and Welfare Ethics Committee.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> health‑related information and statistics means information and statistics collected and produced from data relevant to health or health services.\n\n> Institute means the Australian Institute of Health and Welfare.\n\n> member means a member of the Board, and includes the Chair and the Deputy Chair.\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> production means compilation, analysis and dissemination.\n\n> State Health Minister means:\n\n    (a) the Minister of the Crown for a State;\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to health in the State, the Australian Capital Territory or the Northern Territory, as the case may be.\n\n> State Housing Minister means:\n\n    (a) the Minister of the Crown for a State; or\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to housing in the State or Territory, as the case may be.\n\n> State or Territory agency means:\n\n    (a) a Department of a State or Territory; or\n    (b) a body (whether incorporated or not) established for a public purpose by or under a law of a State or Territory.\n\n> State Welfare Minister means:\n\n    (a) the Minister of the Crown for a State; or\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to welfare in the State or Territory, as the case may be.\n\n> trust money means money received or held by the Institute on trust.\n\n> trust property means property received or held by the Institute on trust.\n\n> welfare‑related information and statistics means information and statistics collected and produced from data relevant to the provision of welfare services.\n\n> welfare services includes:\n\n    (a) aged care services; and\n    (b) child care services (including services designed to encourage or support participation by parents in educational courses, training and the labour force); and\n    (c) services for people with disabilities; and\n    (d) housing assistance (including programs designed to provide access to secure housing in the long term and programs to provide access to crisis accommodation in the short term); and\n    (e) child welfare services (including, in particular, child protection and substitute care services); and\n    (f) other community services.","sortOrder":4},{"sectionNumber":"Part II","sectionType":"part","heading":"Australian Institute of Health and Welfare","content":"An Act to establish an Australian Institute of Health and Welfare, and for related purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Institute of Health and Welfare Act 1987.\n\n#### 2 Commencement\n\n  This Act shall come into operation on a day to be fixed by Proclamation.\n\n#### 2A Simplified outline of this Act\n\nThis Act establishes the Australian Institute of Health and Welfare.\n\nThe main functions of the Institute are the following:\n\n(a) to collect and produce information and statistics relating to health and welfare;\n\n(b) to coordinate and provide assistance for the collection and production of information and statistics relating to health and welfare by other bodies or persons;\n\n(c) to conduct and promote research into the health of the people of Australia and their health services;\n\n(d) to publish reports on work carried out by or in association with the Institute;\n\n(e) to make recommendations to the Minister on the prevention and treatment of diseases and the improvement and promotion of the health and health awareness of the people of Australia.\n\nThe Institute must perform its functions and exercise its powers in accordance with directions given by the Minister.\n\nThis Act also establishes the Board of the Institute. The Board’s main functions are to ensure the proper, efficient and effective performance of the Institute’s functions.\n\nThere is to be a Chief Executive Officer of the Institute. The CEO is responsible for the day‑to‑day administration of the Institute.\n\nThere is to be an Australian Institute of Health and Welfare Ethics Committee. The Institute may appoint other committees to assist the Institute in performing its functions.\n\nThis Act also deals with miscellaneous matters, including delegations, confidentiality and the power to make regulations.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Board means the Board of the Institute.\n\n> CEO means the Chief Executive Officer of the Institute.\n\n> Chair means the Chair of the Board.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> Ethics Committee means the Australian Institute of Health and Welfare Ethics Committee.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> health‑related information and statistics means information and statistics collected and produced from data relevant to health or health services.\n\n> Institute means the Australian Institute of Health and Welfare.\n\n> member means a member of the Board, and includes the Chair and the Deputy Chair.\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> production means compilation, analysis and dissemination.\n\n> State Health Minister means:\n\n    (a) the Minister of the Crown for a State;\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to health in the State, the Australian Capital Territory or the Northern Territory, as the case may be.\n\n> State Housing Minister means:\n\n    (a) the Minister of the Crown for a State; or\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to housing in the State or Territory, as the case may be.\n\n> State or Territory agency means:\n\n    (a) a Department of a State or Territory; or\n    (b) a body (whether incorporated or not) established for a public purpose by or under a law of a State or Territory.\n\n> State Welfare Minister means:\n\n    (a) the Minister of the Crown for a State; or\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to welfare in the State or Territory, as the case may be.\n\n> trust money means money received or held by the Institute on trust.\n\n> trust property means property received or held by the Institute on trust.\n\n> welfare‑related information and statistics means information and statistics collected and produced from data relevant to the provision of welfare services.\n\n> welfare services includes:\n\n    (a) aged care services; and\n    (b) child care services (including services designed to encourage or support participation by parents in educational courses, training and the labour force); and\n    (c) services for people with disabilities; and\n    (d) housing assistance (including programs designed to provide access to secure housing in the long term and programs to provide access to crisis accommodation in the short term); and\n    (e) child welfare services (including, in particular, child protection and substitute care services); and\n    (f) other community services.\n\n## Part II—Australian Institute of Health and Welfare\n\n### Division 1—Establishment, functions and powers of Institute\n\n#### 4 Establishment of Institute\n\n  (1) There is hereby established a body to be known as the Australian Institute of Health and Welfare.\n  (2) The Institute:\n    (a) is a body corporate with perpetual succession;\n    (b) shall have a common seal; and\n    (c) may sue and be sued in its corporate name.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Institute. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the common seal of the Institute affixed to a document and shall presume that it was duly affixed.\n\n#### 5 Functions of the Institute\n\n  Institute to have health‑related and welfare‑related functions\n  (1AA) The functions of the Institute are:\n    (a) the health‑related functions conferred by subsection (1); and\n    (b) the welfare‑related functions conferred by subsection (1A).\n  Health‑related functions\n  (1) The Institute’s health‑related functions are:\n    (a) to collect health‑related information and statistics, in consultation with the Australian Bureau of Statistics if necessary, whether by the Institute itself or in association with other bodies or persons;\n    (b) to produce health‑related information and statistics, whether by itself or in association with other bodies or persons;\n    (c) to co‑ordinate the collection and production of health‑related information and statistics by other bodies or persons;\n    (d) to provide assistance, including financial assistance, for the collection and production of health‑related information and statistics by other bodies or persons;\n    (e) to develop methods and undertake studies designed to assess the provision, use, cost and effectiveness of health services and health technologies;\n    (f) to conduct and promote research into the health of the people of Australia and their health services;\n    (g) to develop, in consultation with the Australian Bureau of Statistics, specialised statistical standards and classifications relevant to health and health services, and advise the Bureau on the data to be used by it for the purposes of health‑related statistics;\n    (h) subject to section 29, to enable researchers to have access to health‑related information and statistics held by the Institute or by bodies or persons with whom contracts or arrangements have been entered into by the Institute;\n    (j) to publish methodological and substantive reports on work carried out by or in association with the Institute under this subsection;\n    (k) to make recommendations to the Minister on the prevention and treatment of diseases and the improvement and promotion of the health and health awareness of the people of Australia; and\n    (m) to do anything incidental to any of the foregoing.\n  Welfare‑related functions\n  (1A) The Institute’s welfare‑related functions are:\n    (a) to collect welfare‑related information and statistics, in consultation with the Australian Bureau of Statistics if necessary, whether by the Institute itself or in association with other bodies or persons; and\n    (b) to produce welfare‑related information and statistics (whether by itself or in association with other bodies or persons); and\n    (c) to co‑ordinate the collection and production of welfare‑related information and statistics by other bodies or persons; and\n    (d) to provide assistance (including financial assistance) for the collection and production of welfare‑related information and statistics by other bodies or persons; and\n    (e) to develop, in consultation with the Australian Bureau of Statistics, specialised statistical standards and classifications relevant to welfare services; and\n    (f) subject to section 29, to enable researchers to have access to welfare‑related information and statistics held by the Institute or by bodies or persons with whom contracts or arrangements have been entered into by the Institute; and\n    (g) to publish methodological and substantive reports on work carried out by or in association with the Institute under this subsection; and\n    (h) to do anything incidental to the functions conferred by paragraphs (a) to (g).\n  Functions of Australian Bureau of Statistics not limited by this section\n  (3) This section is not intended to limit the functions of the Australian Bureau of Statistics.\n\n#### 6 Powers of Institute\n\n  The Institute has power to do all things necessary or convenient to be done for or in connection with the performance of its functions and, in particular, has power:\n    (a) to enter into contracts or arrangements, including contracts or arrangements with bodies or persons to perform functions on behalf of the Institute;\n    (b) to acquire, hold and dispose of real or personal property;\n    (c) to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Institute;\n    (d) to appoint agents and attorneys and act as an agent for other persons;\n    (e) to accept gifts, grants, devises and bequests made to the Institute, whether on trust or otherwise, and to act as trustee of money or other property vested in the Institute on trust;\n    (f) subject to section 29, to:\n    (i) release data to other bodies or persons; and\n    (ii) publish the results of any of its work; and\n    (g) to do anything incidental to any of its powers.\n\n#### 7 Directions by Minister\n\n  (1) The Minister may, by notifiable instrument, give a direction to the Institute with respect to the performance of its functions or the exercise of its powers.\n  (1A) The Minister must consult the Chair before giving any direction to the Institute.\n  (1B) The Minister must consult each State Health Minister before giving the direction if the direction relates to the Institute’s health‑related functions.\n  (1C) The Minister must consult each State Welfare Minister before giving the direction if the direction:\n    (a) relates to the Institute’s welfare‑related functions; and\n    (b) does not concern housing matters.\n  (1D) The Minister must consult each State Housing Minister before giving the direction if the direction:\n    (a) relates to the Institute’s welfare‑related functions; and\n    (b) concerns housing matters.\n  (1E) The Minister must cause a copy of any direction given under subsection (1) to be delivered, in writing, to the Chair as soon as practicable.\n  (1F) A failure to comply with subsection (1E) does not affect the validity of the direction.\n  (2) The Institute shall comply with any direction given under subsection (1).\n  (3) This section does not affect the application, in relation to the Institute, of section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities).\n\n### Division 2—Board of the Institute\n\n#### Subdivision A—Establishment and functions of the Board\n\n#### 8 Establishment of the Board\n\n  The Board of the Institute is established by this section.\n\n#### 8A Functions of the Board\n\n  (1) The functions of the Board are:\n    (a) to ensure the proper, efficient and effective performance of the Institute’s functions; and\n    (b) any other functions conferred on the Board by this Act.\n  (2) The Board has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n  (3) Anything done in the name of, or on behalf of, the Institute by the Board, or with the authority of the Board, is taken to have been done by the Institute.\n\n#### Subdivision B—Membership of the Board\n\n#### 9 Membership\n\n  The Board consists of the following members:\n    (a) the Chair;\n    (b) the Deputy Chair;\n    (c) the CEO;\n    (d) not more than 3 members nominated by State Health Ministers;\n    (e) not more than 6 other members.\n\n#### Subdivision C—Members of the Board\n\n#### 10 Application of this Subdivision\n\n  This Subdivision applies to members other than the CEO.\n\n> Note: Division 4 deals with the office of the CEO.\n\n#### 11 Appointment of members\n\n  Members\n  (1) A member is to be appointed by the Minister by written instrument, on a part‑time basis.\n  Chair and Deputy Chair\n  (2) The Minister must appoint one member to be the Chair and another member to be the Deputy Chair.\n  Eligibility for appointment\n  (3) A person is not eligible for appointment as a member unless the Minister is satisfied that the person has appropriate skills or experience, or significant standing, in one or more of the following fields:\n    (a) public administration in relation to health, welfare or housing;\n    (b) education;\n    (c) Aboriginal and Torres Strait Islander health and welfare;\n    (d) data and data standards;\n    (e) statistics and statistical methods;\n    (f) performance measurement and reporting;\n    (g) financial management;\n    (h) corporate management;\n    (i) consumer interests;\n    (j) law.\n\n#### 11A Term of appointment\n\n  A member holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n> Note: A member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 11B Acting appointments\n\n  (1) The Deputy Chair is to act as the Chair:\n    (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n  (2) The Minister may, by written instrument, appoint a member to act as the Deputy Chair:\n    (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Deputy Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n  (3) The Minister may, by written instrument, appoint a person to act as a member (other than the Chair or the Deputy Chair):\n    (a) during a vacancy in the office of a member (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when a member:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n#### 12 Remuneration\n\n  (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.\n  (2) A member is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 12A Leave of absence\n\n  The Minister may grant a member leave of absence on such terms and conditions as to remuneration or otherwise as the Minister determines.\n\n#### 12B Outside employment\n\n  (1) A member must not engage in any paid work that conflicts or could conflict with the proper performance of the member’s duties.\n  (2) Subsection (1) does not apply to a member who is an official of a State or Territory agency.\n\n#### 12C Other terms and conditions\n\n  A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 13 Resignation\n\n  (1) A member may resign the member’s appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 13A Termination of appointment\n\n  (1) The Minister may terminate the appointment of a member:\n    (a) for misbehaviour; or\n    (b) if the member is unable to perform the duties of the member’s office because of physical or mental incapacity.\n  (2) The Minister may terminate the appointment of the member if:\n    (a) the member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with the member’s creditors; or\n    (iv) makes an assignment of the member’s remuneration for the benefit of the member’s creditors; or\n    (b) the member is absent, except on leave of absence, from 3 consecutive meetings of the Board; or\n    (c) the member engages in paid work that conflicts or could conflict with the proper performance of the member’s duties (see section 12B).\n\n> Note: The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 13B Disclosure of interests\n\n  Neither section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests), nor any rules made for the purposes of that section, apply to a member’s interest if:\n    (a) the member is an official of a State or Territory agency; and\n    (b) the member only has the interest by reason of being an official of the State or Territory agency.\n\n#### Subdivision D—Meetings of the Board\n\n#### 14 Convening of meetings\n\n  (1) The Board must meet at least once every 4 months.\n  (2) The Chair:\n    (a) may convene a meeting at any time; and\n    (b) must convene a meeting on receipt of a written request signed by at least 3 members.\n  (3) The Minister may convene such meetings of the Board as the Minister considers necessary.\n\n#### 14A Presiding at meetings\n\n  (1) The Chair must preside at all meetings of the Board at which the Chair is present.\n  (2) If the Chair is not present at a meeting of the Board, the Deputy Chair must preside.\n\n#### 14B Quorum\n\n  (1) At a meeting of the Board, a quorum is constituted by a majority of members, which must include the Chair or the Deputy Chair.\n  (2) However, if:\n    (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n    (b) when the member leaves the meeting concerned there is no longer a quorum present;\n  the remaining members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.\n\n#### 15 Voting at meetings\n\n  (1) A question arising at a meeting of the Board is to be determined by a majority of the votes of the members present and voting.\n  (2) The person presiding at a meeting of the Board has a deliberative vote and, if the votes are equal, a casting vote.\n\n#### 15A Conduct of meetings\n\n  Subject to this Act and the Public Governance, Performance and Accountability Act 2013, the Board may regulate the procedure of its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which members may participate in meetings.\n\n#### 15B Minutes\n\n  The Board must keep minutes of its meetings.\n\n#### 15C Decisions without meetings\n\n  (1) The Board is taken to have made a decision at a meeting if:\n    (a) without meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and\n    (b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and\n    (c) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n  (2) Subsection (1) applies only if the Board:\n    (a) has determined that it may make decisions of that kind without meeting; and\n    (b) has determined the method by which members are to indicate agreement with proposed decisions.\n  (3) For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.\n  (4) The Board must keep a record of decisions made in accordance with this section.\n\n### Division 3—Committees of Institute\n\n#### 16 Committees\n\n  (1) The Institute shall appoint a committee to be known as the Australian Institute of Health and Welfare Ethics Committee.\n  (2) The functions and composition of the Ethics Committee shall be as prescribed.\n  (3) Regulations for the purpose of subsection (2) must not be inconsistent with recommendations of the CEO of the National Health and Medical Research Council.\n  (4) The Institute may appoint such other committees as it thinks fit to assist it in performing its functions.\n  (5) The functions and composition of a committee appointed under subsection (4) shall be as determined from time to time in writing by the Institute.\n  (6) The succeeding subsections of this section apply in relation to a committee appointed under subsection (1) or (4).\n  (7) The members of a committee may include members of the Board.\n  (8) A member of a committee holds office for such period as is specified in the instrument of appointment.\n  (9) A member of a committee may resign by instrument in writing delivered to the Institute.\n  (10) Except where the Minister otherwise directs in writing, a member of a committee shall be paid such remuneration as is determined by the Remuneration Tribunal.\n  (11) A member of a committee (other than a member of the Board) shall be paid such allowances as are prescribed.\n  (12) Subsections (9) and (10) have effect subject to the Remuneration Tribunal Act 1973.\n  (13) A member of a committee must disclose at a meeting of the committee any pecuniary or other interest:\n    (a) that the member has directly or indirectly in a matter being considered, or about to be considered by the committee; and\n    (b) that would conflict with the proper performance of the member’s functions in relation to the consideration of the matter.\n  The member must make the disclosure as soon as practicable after he or she knows of the relevant facts.\n  (14) The disclosure must be recorded in the minutes of the meeting.\n  (15) Subsection (13) does not apply to an interest held by a member of the Board who is an official of a State or Territory agency, merely because the member is an official of the State or Territory agency.\n\n### Division 4—Chief Executive Officer of Institute\n\n#### 17 Chief Executive Officer\n\n  There is to be a Chief Executive Officer of the Institute.\n\n#### 17A Functions of the CEO\n\n  (1) The CEO is responsible for the day‑to‑day administration of the Institute.\n  (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of the CEO’s duties.\n  (3) All acts and things done in the name of, or on behalf of, the Institute by the CEO shall be deemed to have been done by the Institute.\n  (4) The CEO is to act in accordance with policies and strategies determined by the Board.\n  Board directions\n  (5) The Board may give written directions to the CEO about the performance of the CEO’s functions.\n  (6) The CEO must comply with a direction under subsection (5).\n  (7) A direction under subsection (5) is not a legislative instrument.\n\n#### 17B Appointment\n\n  The CEO is to be appointed by the Board by written instrument.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 17C Term of appointment\n\n  The CEO holds office on a full‑time basis for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n#### 17D Acting appointments\n\n  The Board may, by written instrument, appoint a person to act as the CEO:\n    (a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n#### 18 Remuneration\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18A Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Board may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Board determines.\n\n#### 18B Outside employment\n\n  The CEO must not engage in paid work outside the duties of the CEO’s office without the Board’s approval.\n\n#### 18C Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board.\n\n#### 18D Resignation\n\n  (1) The CEO may resign the CEO’s appointment by giving the Board a written resignation.\n  (2) The resignation takes effect on the day it is received by the Board or, if a later day is specified in the resignation, on that later day.\n\n#### 18E Termination of appointment\n\n  (1) The Board may terminate the appointment of the CEO:\n    (a) for misbehaviour; or\n    (b) if the CEO is unable to perform the duties of the CEO’s office because of physical or mental incapacity.\n  (2) The Board may terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with the CEO’s creditors; or\n    (iv) makes an assignment of the CEO’s remuneration for the benefit of the CEO’s creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Board’s approval, in paid work outside the duties of the CEO’s office (see section 18B).\n\n> Note: The appointment of the CEO may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 18F Certain decisions of the Board\n\n  The CEO must not be present during any deliberation, or take part in any decision, of the Board under this Division.\n\n### Division 5—Staff\n\n#### 19 Staff\n\n  (1) The staff required for the purposes of this Act shall be:\n    (a) persons engaged under the Public Service Act 1999; and\n    (b) persons appointed or employed by the Institute.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n  (3) The Institute may engage as advisers or consultants persons having suitable qualifications and experience.\n  (4) The terms and conditions of appointment or employment of members of the staff referred to in paragraph (1)(b) are such as are determined by the Institute.\n  (5) The terms and conditions of engagement of advisers or consultants are such as are determined by the Institute.\n\n## Part III—Finance\n\n#### 20 Money to be appropriated by Parliament\n\n  (1) There is payable to the Institute such money as is appropriated by the Parliament for the purposes of the Institute.\n  (2) The Finance Minister may give directions as to the means in which, and the times at which, money referred to in subsection (1) is to be paid to the Institute.\n\n#### 22 Money of Institute\n\n  (1) The money of the Institute consists of:\n    (a) money paid to the Institute under an appropriation; and\n    (b) any other money, other than trust money, paid to the Institute.\n  (2) The money of the Institute shall be applied only:\n    (a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Institute in the performance of its functions and the exercise of its powers;\n    (b) in payment of remuneration and allowances payable under this Act; and\n    (c) in making any other payments required or permitted to be made by the Institute.\n  (3) Subsection (2) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Institute.\n\n#### 23 Contracts\n\n  The Institute must not enter into a lease of land for a period of 10 years or more without the written approval of the Minister.\n\n#### 24 Annual report\n\n  The annual report prepared by the members and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:\n    (a) particulars of each direction given under subsection 7(1) that is applicable to the period; or\n    (b) if the Board considers those particulars contain information concerning a person or are of a confidential nature—a statement that a direction under that subsection was given.\n\n#### 25 Trust money and trust property\n\n  The Institute:\n    (a) shall pay trust money into an account or accounts containing no money other than trust money;\n    (b) shall apply or deal with trust money and trust property only in accordance with the powers and duties of the Institute as trustee; and\n    (c) may only invest trust money:\n    (i) in any manner in which the Institute is authorised to invest the money by the terms of the trust; or\n    (ii) in any manner in which trust money may be lawfully invested.\n\n#### 26 Exemption from taxation\n\n  The income, property and transactions of the Institute are not subject to taxation under any law of the Commonwealth or of a State or Territory.\n\n## Part IV—Miscellaneous\n\n#### 27 Delegation by Institute\n\n  (1) The Institute may, either generally or as otherwise provided by the instrument of delegation, by writing under its common seal:\n    (a) delegate to a member;\n    (b) delegate to a member of the staff of the Institute; and\n    (c) with the approval of the Minister—delegate to any other person or body;\n  all or any of the Institute’s powers or functions under this Act, other than this power of delegation.\n  (2) A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Institute.\n  (3) A delegation does not prevent the exercise of a power or performance of a function by the Institute.\n\n#### 28 Delegation by the CEO\n\n  (1) The CEO may, in writing, delegate all or any of the CEO’s functions or powers under this Act to:\n    (a) a member of the staff of the Institute; or\n    (b) with the written approval of the Board—any other person or body.\n  (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the CEO.\n\n#### 29 Confidentiality\n\n  (1) Subject to this section, a person (in this subsection called the informed person) who has:\n    (a) any information concerning another person (which person is in this section called an information subject), being information acquired by the informed person because of:\n    (i) holding an office, engagement or appointment, or being employed, under this Act;\n    (ii) performing a duty or function, or exercising a power, under or in connection with this Act; or\n    (iii) doing any act or thing under an agreement or arrangement entered into by the Institute; or\n    (b) any document relating to another person (which person is in this section also called an information subject), being a document furnished for the purposes of this Act;\n  shall not, except for the purposes of this Act, either directly or indirectly:\n    (c) make a record of any of that information or divulge or communicate any of that information to any person (including an information subject);\n    (d) produce that document to any person (including an information subject); or\n    (e) be required to divulge or communicate any of that information to a court or to produce that document in a court.\n\nPenalty: Imprisonment for 12 months or 20 penalty units, or both.\n\n  (2) Subject to subsections (2A) and (2B), nothing in this section prohibits:\n    (a) a person from divulging or communicating information, or producing a document, to the Minister if it does not identify an information subject;\n    (b) a person from divulging or communicating information, or producing a document, to a person specified in writing by the person (in this subsection called the information provider) who divulged or communicated the information, or produced the document, directly to the Institute;\n    (c) a person from divulging or communicating information, or producing a document, to a person specified in writing by the Ethics Committee if to do so is not contrary to the written terms and conditions (if any) upon which the information provider divulged or communicated the information, or produced the document, directly to the Institute; or\n    (d) the publication of conclusions based on statistics derived from, or of particulars of procedures used in, the work of the Institute, if:\n    (i) to do so is not contrary to the written terms and conditions (if any) upon which an information provider divulged or communicated information relevant to the publication, or produced a document relevant to the publication, directly to the Institute; and\n    (ii) the publication does not identify the information subject.\n  (2A) Paragraph (2)(c) applies only to information that is health‑related or welfare‑related information and statistics.\n  (2B) Paragraph (2)(c) applies to a document only to the extent to which the document contains health‑related or welfare‑related information and statistics.\n  (3) A person to whom information is divulged or communicated, or a document is produced, under paragraph (2)(a), (b) or (c), and any person under the control of that person is, in respect of that information or document, subject to subsection (1) as if the person were a person exercising powers, or performing duties or functions, under this Act and had acquired the information or document in the exercise of those powers or the performance of those duties or functions.\n  (4) In this section:\n    (a) court includes any tribunal, authority or person having power to require the production of documents or the answering of questions;\n    (b) person includes a body or association of persons, whether incorporated or not, and also includes:\n    (i) in the case of an information provider—a body politic; or\n    (ii) in the case of an information subject—a deceased person;\n    (c) produce includes permit access to;\n    (d) publication, in relation to conclusions, statistics or particulars, includes:\n    (i) the divulging or communication to a court of the conclusions, statistics or particulars; and\n    (ii) the production to a court of a document containing the conclusions, statistics or particulars; and\n    (e) a reference to information concerning a person includes:\n    (i) a reference to information as to the whereabouts, existence or non‑existence of a document concerning a person; and\n    (ii) a reference to information identifying a person or body providing information concerning a person.\n\n#### 30 Restricted application of the Epidemiological Studies (Confidentiality) Act 1981\n\n  (1) The Epidemiological Studies (Confidentiality) Act 1981 (in this section called the Confidentiality Act) does not apply to anything done in the exercise of a power or performance of a function under this Act.\n  (2) Notwithstanding the Confidentiality Act, a person who has assisted, or is assisting in, the conduct of a prescribed study or an epidemiological study may, at the written request of the Institute:\n    (a) communicate to the Institute any information acquired by the person because of having assisted, or assisting, in the conduct of that study; and\n    (b) give the Institute access to documents prepared or obtained in the conduct of that study.\n  (3) It is a defence to a prosecution under the Confidentiality Act if it is established that the information was communicated or access to a document was given, as the case may be, in accordance with a written request by the Institute.\n  (4) In this section:\n    (a) epidemiological study has the same meaning as in the Confidentiality Act; and\n    (b) prescribed study has the same meaning as in the Confidentiality Act.\n\n#### 31 Periodical reports\n\n  (1) The Institute shall prepare and, as soon as practicable, and in any event within 6 months:\n    (a) after 31 December 1987—shall submit to the Minister a health report for the period commencing on the commencement of this Act and ending on that date; and\n    (b) after 31 December 1989 and every second 31 December thereafter—shall submit to the Minister a health report for the 2 year period ending on that 31 December.\n  (1A) The Institute must submit to the Minister:\n    (a) as soon as practicable after (and in any event within 6 months of) 30 June 1993, a welfare report prepared by the Institute for the period:\n    (i) beginning on the day on which the Australian Institute of Health Amendment Act 1992 commences; and\n    (ii) ending on 30 June 1993; and\n    (b) as soon as practicable after (and in any event within 6 months of) 30 June 1995 and every second 30 June thereafter, a welfare report for the 2 year period ending on that 30 June.\n  (2) The Institute may at any time submit to the Minister:\n    (a) a health or welfare report for any period; or\n    (b) a report in respect of any matter relating to the exercise of the powers, or the performance of the functions, of the Institute or its committees under this Act.\n  (3) A health report shall provide:\n    (a) statistics and related information concerning the health of the people of Australia; and\n    (b) an outline of the development of health‑related information and statistics by the Institute, whether by itself or in association with other persons or bodies;\n  during the period to which the report relates.\n  (3A) A welfare report must provide:\n    (a) statistics and related information concerning the provision of welfare services to the Australian people; and\n    (b) an outline of the development of welfare‑related information and statistics by the Institute, whether by itself or in association with other persons or bodies;\n  during the period to which the report relates.\n  (4) The Minister shall cause a copy of a report submitted under subsection (1) or (1A) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.\n  (5) The Minister may cause a copy of a report submitted under subsection (2) to be laid before each House of the Parliament.\n\n#### 32 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters required or permitted by this Act to be prescribed.","sortOrder":5},{"sectionNumber":"Division 1","sectionType":"division","heading":"Establishment, functions and powers of Institute","content":"An Act to establish an Australian Institute of Health and Welfare, and for related purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Institute of Health and Welfare Act 1987.\n\n#### 2 Commencement\n\n  This Act shall come into operation on a day to be fixed by Proclamation.\n\n#### 2A Simplified outline of this Act\n\nThis Act establishes the Australian Institute of Health and Welfare.\n\nThe main functions of the Institute are the following:\n\n(a) to collect and produce information and statistics relating to health and welfare;\n\n(b) to coordinate and provide assistance for the collection and production of information and statistics relating to health and welfare by other bodies or persons;\n\n(c) to conduct and promote research into the health of the people of Australia and their health services;\n\n(d) to publish reports on work carried out by or in association with the Institute;\n\n(e) to make recommendations to the Minister on the prevention and treatment of diseases and the improvement and promotion of the health and health awareness of the people of Australia.\n\nThe Institute must perform its functions and exercise its powers in accordance with directions given by the Minister.\n\nThis Act also establishes the Board of the Institute. The Board’s main functions are to ensure the proper, efficient and effective performance of the Institute’s functions.\n\nThere is to be a Chief Executive Officer of the Institute. The CEO is responsible for the day‑to‑day administration of the Institute.\n\nThere is to be an Australian Institute of Health and Welfare Ethics Committee. The Institute may appoint other committees to assist the Institute in performing its functions.\n\nThis Act also deals with miscellaneous matters, including delegations, confidentiality and the power to make regulations.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Board means the Board of the Institute.\n\n> CEO means the Chief Executive Officer of the Institute.\n\n> Chair means the Chair of the Board.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> Ethics Committee means the Australian Institute of Health and Welfare Ethics Committee.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> health‑related information and statistics means information and statistics collected and produced from data relevant to health or health services.\n\n> Institute means the Australian Institute of Health and Welfare.\n\n> member means a member of the Board, and includes the Chair and the Deputy Chair.\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> production means compilation, analysis and dissemination.\n\n> State Health Minister means:\n\n    (a) the Minister of the Crown for a State;\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to health in the State, the Australian Capital Territory or the Northern Territory, as the case may be.\n\n> State Housing Minister means:\n\n    (a) the Minister of the Crown for a State; or\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to housing in the State or Territory, as the case may be.\n\n> State or Territory agency means:\n\n    (a) a Department of a State or Territory; or\n    (b) a body (whether incorporated or not) established for a public purpose by or under a law of a State or Territory.\n\n> State Welfare Minister means:\n\n    (a) the Minister of the Crown for a State; or\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to welfare in the State or Territory, as the case may be.\n\n> trust money means money received or held by the Institute on trust.\n\n> trust property means property received or held by the Institute on trust.\n\n> welfare‑related information and statistics means information and statistics collected and produced from data relevant to the provision of welfare services.\n\n> welfare services includes:\n\n    (a) aged care services; and\n    (b) child care services (including services designed to encourage or support participation by parents in educational courses, training and the labour force); and\n    (c) services for people with disabilities; and\n    (d) housing assistance (including programs designed to provide access to secure housing in the long term and programs to provide access to crisis accommodation in the short term); and\n    (e) child welfare services (including, in particular, child protection and substitute care services); and\n    (f) other community services.\n\n## Part II—Australian Institute of Health and Welfare\n\n### Division 1—Establishment, functions and powers of Institute\n\n#### 4 Establishment of Institute\n\n  (1) There is hereby established a body to be known as the Australian Institute of Health and Welfare.\n  (2) The Institute:\n    (a) is a body corporate with perpetual succession;\n    (b) shall have a common seal; and\n    (c) may sue and be sued in its corporate name.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Institute. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the common seal of the Institute affixed to a document and shall presume that it was duly affixed.\n\n#### 5 Functions of the Institute\n\n  Institute to have health‑related and welfare‑related functions\n  (1AA) The functions of the Institute are:\n    (a) the health‑related functions conferred by subsection (1); and\n    (b) the welfare‑related functions conferred by subsection (1A).\n  Health‑related functions\n  (1) The Institute’s health‑related functions are:\n    (a) to collect health‑related information and statistics, in consultation with the Australian Bureau of Statistics if necessary, whether by the Institute itself or in association with other bodies or persons;\n    (b) to produce health‑related information and statistics, whether by itself or in association with other bodies or persons;\n    (c) to co‑ordinate the collection and production of health‑related information and statistics by other bodies or persons;\n    (d) to provide assistance, including financial assistance, for the collection and production of health‑related information and statistics by other bodies or persons;\n    (e) to develop methods and undertake studies designed to assess the provision, use, cost and effectiveness of health services and health technologies;\n    (f) to conduct and promote research into the health of the people of Australia and their health services;\n    (g) to develop, in consultation with the Australian Bureau of Statistics, specialised statistical standards and classifications relevant to health and health services, and advise the Bureau on the data to be used by it for the purposes of health‑related statistics;\n    (h) subject to section 29, to enable researchers to have access to health‑related information and statistics held by the Institute or by bodies or persons with whom contracts or arrangements have been entered into by the Institute;\n    (j) to publish methodological and substantive reports on work carried out by or in association with the Institute under this subsection;\n    (k) to make recommendations to the Minister on the prevention and treatment of diseases and the improvement and promotion of the health and health awareness of the people of Australia; and\n    (m) to do anything incidental to any of the foregoing.\n  Welfare‑related functions\n  (1A) The Institute’s welfare‑related functions are:\n    (a) to collect welfare‑related information and statistics, in consultation with the Australian Bureau of Statistics if necessary, whether by the Institute itself or in association with other bodies or persons; and\n    (b) to produce welfare‑related information and statistics (whether by itself or in association with other bodies or persons); and\n    (c) to co‑ordinate the collection and production of welfare‑related information and statistics by other bodies or persons; and\n    (d) to provide assistance (including financial assistance) for the collection and production of welfare‑related information and statistics by other bodies or persons; and\n    (e) to develop, in consultation with the Australian Bureau of Statistics, specialised statistical standards and classifications relevant to welfare services; and\n    (f) subject to section 29, to enable researchers to have access to welfare‑related information and statistics held by the Institute or by bodies or persons with whom contracts or arrangements have been entered into by the Institute; and\n    (g) to publish methodological and substantive reports on work carried out by or in association with the Institute under this subsection; and\n    (h) to do anything incidental to the functions conferred by paragraphs (a) to (g).\n  Functions of Australian Bureau of Statistics not limited by this section\n  (3) This section is not intended to limit the functions of the Australian Bureau of Statistics.\n\n#### 6 Powers of Institute\n\n  The Institute has power to do all things necessary or convenient to be done for or in connection with the performance of its functions and, in particular, has power:\n    (a) to enter into contracts or arrangements, including contracts or arrangements with bodies or persons to perform functions on behalf of the Institute;\n    (b) to acquire, hold and dispose of real or personal property;\n    (c) to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Institute;\n    (d) to appoint agents and attorneys and act as an agent for other persons;\n    (e) to accept gifts, grants, devises and bequests made to the Institute, whether on trust or otherwise, and to act as trustee of money or other property vested in the Institute on trust;\n    (f) subject to section 29, to:\n    (i) release data to other bodies or persons; and\n    (ii) publish the results of any of its work; and\n    (g) to do anything incidental to any of its powers.\n\n#### 7 Directions by Minister\n\n  (1) The Minister may, by notifiable instrument, give a direction to the Institute with respect to the performance of its functions or the exercise of its powers.\n  (1A) The Minister must consult the Chair before giving any direction to the Institute.\n  (1B) The Minister must consult each State Health Minister before giving the direction if the direction relates to the Institute’s health‑related functions.\n  (1C) The Minister must consult each State Welfare Minister before giving the direction if the direction:\n    (a) relates to the Institute’s welfare‑related functions; and\n    (b) does not concern housing matters.\n  (1D) The Minister must consult each State Housing Minister before giving the direction if the direction:\n    (a) relates to the Institute’s welfare‑related functions; and\n    (b) concerns housing matters.\n  (1E) The Minister must cause a copy of any direction given under subsection (1) to be delivered, in writing, to the Chair as soon as practicable.\n  (1F) A failure to comply with subsection (1E) does not affect the validity of the direction.\n  (2) The Institute shall comply with any direction given under subsection (1).\n  (3) This section does not affect the application, in relation to the Institute, of section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities).\n\n### Division 2—Board of the Institute\n\n#### Subdivision A—Establishment and functions of the Board\n\n#### 8 Establishment of the Board\n\n  The Board of the Institute is established by this section.\n\n#### 8A Functions of the Board\n\n  (1) The functions of the Board are:\n    (a) to ensure the proper, efficient and effective performance of the Institute’s functions; and\n    (b) any other functions conferred on the Board by this Act.\n  (2) The Board has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n  (3) Anything done in the name of, or on behalf of, the Institute by the Board, or with the authority of the Board, is taken to have been done by the Institute.\n\n#### Subdivision B—Membership of the Board\n\n#### 9 Membership\n\n  The Board consists of the following members:\n    (a) the Chair;\n    (b) the Deputy Chair;\n    (c) the CEO;\n    (d) not more than 3 members nominated by State Health Ministers;\n    (e) not more than 6 other members.\n\n#### Subdivision C—Members of the Board\n\n#### 10 Application of this Subdivision\n\n  This Subdivision applies to members other than the CEO.\n\n> Note: Division 4 deals with the office of the CEO.\n\n#### 11 Appointment of members\n\n  Members\n  (1) A member is to be appointed by the Minister by written instrument, on a part‑time basis.\n  Chair and Deputy Chair\n  (2) The Minister must appoint one member to be the Chair and another member to be the Deputy Chair.\n  Eligibility for appointment\n  (3) A person is not eligible for appointment as a member unless the Minister is satisfied that the person has appropriate skills or experience, or significant standing, in one or more of the following fields:\n    (a) public administration in relation to health, welfare or housing;\n    (b) education;\n    (c) Aboriginal and Torres Strait Islander health and welfare;\n    (d) data and data standards;\n    (e) statistics and statistical methods;\n    (f) performance measurement and reporting;\n    (g) financial management;\n    (h) corporate management;\n    (i) consumer interests;\n    (j) law.\n\n#### 11A Term of appointment\n\n  A member holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n> Note: A member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 11B Acting appointments\n\n  (1) The Deputy Chair is to act as the Chair:\n    (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n  (2) The Minister may, by written instrument, appoint a member to act as the Deputy Chair:\n    (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Deputy Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n  (3) The Minister may, by written instrument, appoint a person to act as a member (other than the Chair or the Deputy Chair):\n    (a) during a vacancy in the office of a member (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when a member:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n#### 12 Remuneration\n\n  (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.\n  (2) A member is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 12A Leave of absence\n\n  The Minister may grant a member leave of absence on such terms and conditions as to remuneration or otherwise as the Minister determines.\n\n#### 12B Outside employment\n\n  (1) A member must not engage in any paid work that conflicts or could conflict with the proper performance of the member’s duties.\n  (2) Subsection (1) does not apply to a member who is an official of a State or Territory agency.\n\n#### 12C Other terms and conditions\n\n  A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 13 Resignation\n\n  (1) A member may resign the member’s appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 13A Termination of appointment\n\n  (1) The Minister may terminate the appointment of a member:\n    (a) for misbehaviour; or\n    (b) if the member is unable to perform the duties of the member’s office because of physical or mental incapacity.\n  (2) The Minister may terminate the appointment of the member if:\n    (a) the member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with the member’s creditors; or\n    (iv) makes an assignment of the member’s remuneration for the benefit of the member’s creditors; or\n    (b) the member is absent, except on leave of absence, from 3 consecutive meetings of the Board; or\n    (c) the member engages in paid work that conflicts or could conflict with the proper performance of the member’s duties (see section 12B).\n\n> Note: The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 13B Disclosure of interests\n\n  Neither section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests), nor any rules made for the purposes of that section, apply to a member’s interest if:\n    (a) the member is an official of a State or Territory agency; and\n    (b) the member only has the interest by reason of being an official of the State or Territory agency.\n\n#### Subdivision D—Meetings of the Board\n\n#### 14 Convening of meetings\n\n  (1) The Board must meet at least once every 4 months.\n  (2) The Chair:\n    (a) may convene a meeting at any time; and\n    (b) must convene a meeting on receipt of a written request signed by at least 3 members.\n  (3) The Minister may convene such meetings of the Board as the Minister considers necessary.\n\n#### 14A Presiding at meetings\n\n  (1) The Chair must preside at all meetings of the Board at which the Chair is present.\n  (2) If the Chair is not present at a meeting of the Board, the Deputy Chair must preside.\n\n#### 14B Quorum\n\n  (1) At a meeting of the Board, a quorum is constituted by a majority of members, which must include the Chair or the Deputy Chair.\n  (2) However, if:\n    (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n    (b) when the member leaves the meeting concerned there is no longer a quorum present;\n  the remaining members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.\n\n#### 15 Voting at meetings\n\n  (1) A question arising at a meeting of the Board is to be determined by a majority of the votes of the members present and voting.\n  (2) The person presiding at a meeting of the Board has a deliberative vote and, if the votes are equal, a casting vote.\n\n#### 15A Conduct of meetings\n\n  Subject to this Act and the Public Governance, Performance and Accountability Act 2013, the Board may regulate the procedure of its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which members may participate in meetings.\n\n#### 15B Minutes\n\n  The Board must keep minutes of its meetings.\n\n#### 15C Decisions without meetings\n\n  (1) The Board is taken to have made a decision at a meeting if:\n    (a) without meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and\n    (b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and\n    (c) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n  (2) Subsection (1) applies only if the Board:\n    (a) has determined that it may make decisions of that kind without meeting; and\n    (b) has determined the method by which members are to indicate agreement with proposed decisions.\n  (3) For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.\n  (4) The Board must keep a record of decisions made in accordance with this section.\n\n### Division 3—Committees of Institute\n\n#### 16 Committees\n\n  (1) The Institute shall appoint a committee to be known as the Australian Institute of Health and Welfare Ethics Committee.\n  (2) The functions and composition of the Ethics Committee shall be as prescribed.\n  (3) Regulations for the purpose of subsection (2) must not be inconsistent with recommendations of the CEO of the National Health and Medical Research Council.\n  (4) The Institute may appoint such other committees as it thinks fit to assist it in performing its functions.\n  (5) The functions and composition of a committee appointed under subsection (4) shall be as determined from time to time in writing by the Institute.\n  (6) The succeeding subsections of this section apply in relation to a committee appointed under subsection (1) or (4).\n  (7) The members of a committee may include members of the Board.\n  (8) A member of a committee holds office for such period as is specified in the instrument of appointment.\n  (9) A member of a committee may resign by instrument in writing delivered to the Institute.\n  (10) Except where the Minister otherwise directs in writing, a member of a committee shall be paid such remuneration as is determined by the Remuneration Tribunal.\n  (11) A member of a committee (other than a member of the Board) shall be paid such allowances as are prescribed.\n  (12) Subsections (9) and (10) have effect subject to the Remuneration Tribunal Act 1973.\n  (13) A member of a committee must disclose at a meeting of the committee any pecuniary or other interest:\n    (a) that the member has directly or indirectly in a matter being considered, or about to be considered by the committee; and\n    (b) that would conflict with the proper performance of the member’s functions in relation to the consideration of the matter.\n  The member must make the disclosure as soon as practicable after he or she knows of the relevant facts.\n  (14) The disclosure must be recorded in the minutes of the meeting.\n  (15) Subsection (13) does not apply to an interest held by a member of the Board who is an official of a State or Territory agency, merely because the member is an official of the State or Territory agency.\n\n### Division 4—Chief Executive Officer of Institute\n\n#### 17 Chief Executive Officer\n\n  There is to be a Chief Executive Officer of the Institute.\n\n#### 17A Functions of the CEO\n\n  (1) The CEO is responsible for the day‑to‑day administration of the Institute.\n  (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of the CEO’s duties.\n  (3) All acts and things done in the name of, or on behalf of, the Institute by the CEO shall be deemed to have been done by the Institute.\n  (4) The CEO is to act in accordance with policies and strategies determined by the Board.\n  Board directions\n  (5) The Board may give written directions to the CEO about the performance of the CEO’s functions.\n  (6) The CEO must comply with a direction under subsection (5).\n  (7) A direction under subsection (5) is not a legislative instrument.\n\n#### 17B Appointment\n\n  The CEO is to be appointed by the Board by written instrument.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 17C Term of appointment\n\n  The CEO holds office on a full‑time basis for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n#### 17D Acting appointments\n\n  The Board may, by written instrument, appoint a person to act as the CEO:\n    (a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n#### 18 Remuneration\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18A Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Board may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Board determines.\n\n#### 18B Outside employment\n\n  The CEO must not engage in paid work outside the duties of the CEO’s office without the Board’s approval.\n\n#### 18C Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board.\n\n#### 18D Resignation\n\n  (1) The CEO may resign the CEO’s appointment by giving the Board a written resignation.\n  (2) The resignation takes effect on the day it is received by the Board or, if a later day is specified in the resignation, on that later day.\n\n#### 18E Termination of appointment\n\n  (1) The Board may terminate the appointment of the CEO:\n    (a) for misbehaviour; or\n    (b) if the CEO is unable to perform the duties of the CEO’s office because of physical or mental incapacity.\n  (2) The Board may terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with the CEO’s creditors; or\n    (iv) makes an assignment of the CEO’s remuneration for the benefit of the CEO’s creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Board’s approval, in paid work outside the duties of the CEO’s office (see section 18B).\n\n> Note: The appointment of the CEO may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 18F Certain decisions of the Board\n\n  The CEO must not be present during any deliberation, or take part in any decision, of the Board under this Division.\n\n### Division 5—Staff\n\n#### 19 Staff\n\n  (1) The staff required for the purposes of this Act shall be:\n    (a) persons engaged under the Public Service Act 1999; and\n    (b) persons appointed or employed by the Institute.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n  (3) The Institute may engage as advisers or consultants persons having suitable qualifications and experience.\n  (4) The terms and conditions of appointment or employment of members of the staff referred to in paragraph (1)(b) are such as are determined by the Institute.\n  (5) The terms and conditions of engagement of advisers or consultants are such as are determined by the Institute.\n\n## Part III—Finance\n\n#### 20 Money to be appropriated by Parliament\n\n  (1) There is payable to the Institute such money as is appropriated by the Parliament for the purposes of the Institute.\n  (2) The Finance Minister may give directions as to the means in which, and the times at which, money referred to in subsection (1) is to be paid to the Institute.\n\n#### 22 Money of Institute\n\n  (1) The money of the Institute consists of:\n    (a) money paid to the Institute under an appropriation; and\n    (b) any other money, other than trust money, paid to the Institute.\n  (2) The money of the Institute shall be applied only:\n    (a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Institute in the performance of its functions and the exercise of its powers;\n    (b) in payment of remuneration and allowances payable under this Act; and\n    (c) in making any other payments required or permitted to be made by the Institute.\n  (3) Subsection (2) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Institute.\n\n#### 23 Contracts\n\n  The Institute must not enter into a lease of land for a period of 10 years or more without the written approval of the Minister.\n\n#### 24 Annual report\n\n  The annual report prepared by the members and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:\n    (a) particulars of each direction given under subsection 7(1) that is applicable to the period; or\n    (b) if the Board considers those particulars contain information concerning a person or are of a confidential nature—a statement that a direction under that subsection was given.\n\n#### 25 Trust money and trust property\n\n  The Institute:\n    (a) shall pay trust money into an account or accounts containing no money other than trust money;\n    (b) shall apply or deal with trust money and trust property only in accordance with the powers and duties of the Institute as trustee; and\n    (c) may only invest trust money:\n    (i) in any manner in which the Institute is authorised to invest the money by the terms of the trust; or\n    (ii) in any manner in which trust money may be lawfully invested.\n\n#### 26 Exemption from taxation\n\n  The income, property and transactions of the Institute are not subject to taxation under any law of the Commonwealth or of a State or Territory.\n\n## Part IV—Miscellaneous\n\n#### 27 Delegation by Institute\n\n  (1) The Institute may, either generally or as otherwise provided by the instrument of delegation, by writing under its common seal:\n    (a) delegate to a member;\n    (b) delegate to a member of the staff of the Institute; and\n    (c) with the approval of the Minister—delegate to any other person or body;\n  all or any of the Institute’s powers or functions under this Act, other than this power of delegation.\n  (2) A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Institute.\n  (3) A delegation does not prevent the exercise of a power or performance of a function by the Institute.\n\n#### 28 Delegation by the CEO\n\n  (1) The CEO may, in writing, delegate all or any of the CEO’s functions or powers under this Act to:\n    (a) a member of the staff of the Institute; or\n    (b) with the written approval of the Board—any other person or body.\n  (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the CEO.\n\n#### 29 Confidentiality\n\n  (1) Subject to this section, a person (in this subsection called the informed person) who has:\n    (a) any information concerning another person (which person is in this section called an information subject), being information acquired by the informed person because of:\n    (i) holding an office, engagement or appointment, or being employed, under this Act;\n    (ii) performing a duty or function, or exercising a power, under or in connection with this Act; or\n    (iii) doing any act or thing under an agreement or arrangement entered into by the Institute; or\n    (b) any document relating to another person (which person is in this section also called an information subject), being a document furnished for the purposes of this Act;\n  shall not, except for the purposes of this Act, either directly or indirectly:\n    (c) make a record of any of that information or divulge or communicate any of that information to any person (including an information subject);\n    (d) produce that document to any person (including an information subject); or\n    (e) be required to divulge or communicate any of that information to a court or to produce that document in a court.\n\nPenalty: Imprisonment for 12 months or 20 penalty units, or both.\n\n  (2) Subject to subsections (2A) and (2B), nothing in this section prohibits:\n    (a) a person from divulging or communicating information, or producing a document, to the Minister if it does not identify an information subject;\n    (b) a person from divulging or communicating information, or producing a document, to a person specified in writing by the person (in this subsection called the information provider) who divulged or communicated the information, or produced the document, directly to the Institute;\n    (c) a person from divulging or communicating information, or producing a document, to a person specified in writing by the Ethics Committee if to do so is not contrary to the written terms and conditions (if any) upon which the information provider divulged or communicated the information, or produced the document, directly to the Institute; or\n    (d) the publication of conclusions based on statistics derived from, or of particulars of procedures used in, the work of the Institute, if:\n    (i) to do so is not contrary to the written terms and conditions (if any) upon which an information provider divulged or communicated information relevant to the publication, or produced a document relevant to the publication, directly to the Institute; and\n    (ii) the publication does not identify the information subject.\n  (2A) Paragraph (2)(c) applies only to information that is health‑related or welfare‑related information and statistics.\n  (2B) Paragraph (2)(c) applies to a document only to the extent to which the document contains health‑related or welfare‑related information and statistics.\n  (3) A person to whom information is divulged or communicated, or a document is produced, under paragraph (2)(a), (b) or (c), and any person under the control of that person is, in respect of that information or document, subject to subsection (1) as if the person were a person exercising powers, or performing duties or functions, under this Act and had acquired the information or document in the exercise of those powers or the performance of those duties or functions.\n  (4) In this section:\n    (a) court includes any tribunal, authority or person having power to require the production of documents or the answering of questions;\n    (b) person includes a body or association of persons, whether incorporated or not, and also includes:\n    (i) in the case of an information provider—a body politic; or\n    (ii) in the case of an information subject—a deceased person;\n    (c) produce includes permit access to;\n    (d) publication, in relation to conclusions, statistics or particulars, includes:\n    (i) the divulging or communication to a court of the conclusions, statistics or particulars; and\n    (ii) the production to a court of a document containing the conclusions, statistics or particulars; and\n    (e) a reference to information concerning a person includes:\n    (i) a reference to information as to the whereabouts, existence or non‑existence of a document concerning a person; and\n    (ii) a reference to information identifying a person or body providing information concerning a person.\n\n#### 30 Restricted application of the Epidemiological Studies (Confidentiality) Act 1981\n\n  (1) The Epidemiological Studies (Confidentiality) Act 1981 (in this section called the Confidentiality Act) does not apply to anything done in the exercise of a power or performance of a function under this Act.\n  (2) Notwithstanding the Confidentiality Act, a person who has assisted, or is assisting in, the conduct of a prescribed study or an epidemiological study may, at the written request of the Institute:\n    (a) communicate to the Institute any information acquired by the person because of having assisted, or assisting, in the conduct of that study; and\n    (b) give the Institute access to documents prepared or obtained in the conduct of that study.\n  (3) It is a defence to a prosecution under the Confidentiality Act if it is established that the information was communicated or access to a document was given, as the case may be, in accordance with a written request by the Institute.\n  (4) In this section:\n    (a) epidemiological study has the same meaning as in the Confidentiality Act; and\n    (b) prescribed study has the same meaning as in the Confidentiality Act.\n\n#### 31 Periodical reports\n\n  (1) The Institute shall prepare and, as soon as practicable, and in any event within 6 months:\n    (a) after 31 December 1987—shall submit to the Minister a health report for the period commencing on the commencement of this Act and ending on that date; and\n    (b) after 31 December 1989 and every second 31 December thereafter—shall submit to the Minister a health report for the 2 year period ending on that 31 December.\n  (1A) The Institute must submit to the Minister:\n    (a) as soon as practicable after (and in any event within 6 months of) 30 June 1993, a welfare report prepared by the Institute for the period:\n    (i) beginning on the day on which the Australian Institute of Health Amendment Act 1992 commences; and\n    (ii) ending on 30 June 1993; and\n    (b) as soon as practicable after (and in any event within 6 months of) 30 June 1995 and every second 30 June thereafter, a welfare report for the 2 year period ending on that 30 June.\n  (2) The Institute may at any time submit to the Minister:\n    (a) a health or welfare report for any period; or\n    (b) a report in respect of any matter relating to the exercise of the powers, or the performance of the functions, of the Institute or its committees under this Act.\n  (3) A health report shall provide:\n    (a) statistics and related information concerning the health of the people of Australia; and\n    (b) an outline of the development of health‑related information and statistics by the Institute, whether by itself or in association with other persons or bodies;\n  during the period to which the report relates.\n  (3A) A welfare report must provide:\n    (a) statistics and related information concerning the provision of welfare services to the Australian people; and\n    (b) an outline of the development of welfare‑related information and statistics by the Institute, whether by itself or in association with other persons or bodies;\n  during the period to which the report relates.\n  (4) The Minister shall cause a copy of a report submitted under subsection (1) or (1A) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.\n  (5) The Minister may cause a copy of a report submitted under subsection (2) to be laid before each House of the Parliament.\n\n#### 32 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters required or permitted by this Act to be prescribed.","sortOrder":6},{"sectionNumber":"4","sectionType":"section","heading":"Establishment of Institute","content":"#### 4 Establishment of Institute\n\n  (1) There is hereby established a body to be known as the Australian Institute of Health and Welfare.\n  (2) The Institute:\n    (a) is a body corporate with perpetual succession;\n    (b) shall have a common seal; and\n    (c) may sue and be sued in its corporate name.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Institute. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the common seal of the Institute affixed to a document and shall presume that it was duly affixed.","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Functions of the Institute","content":"#### 5 Functions of the Institute\n\n  Institute to have health‑related and welfare‑related functions\n  (1AA) The functions of the Institute are:\n    (a) the health‑related functions conferred by subsection (1); and\n    (b) the welfare‑related functions conferred by subsection (1A).\n  Health‑related functions\n  (1) The Institute’s health‑related functions are:\n    (a) to collect health‑related information and statistics, in consultation with the Australian Bureau of Statistics if necessary, whether by the Institute itself or in association with other bodies or persons;\n    (b) to produce health‑related information and statistics, whether by itself or in association with other bodies or persons;\n    (c) to co‑ordinate the collection and production of health‑related information and statistics by other bodies or persons;\n    (d) to provide assistance, including financial assistance, for the collection and production of health‑related information and statistics by other bodies or persons;\n    (e) to develop methods and undertake studies designed to assess the provision, use, cost and effectiveness of health services and health technologies;\n    (f) to conduct and promote research into the health of the people of Australia and their health services;\n    (g) to develop, in consultation with the Australian Bureau of Statistics, specialised statistical standards and classifications relevant to health and health services, and advise the Bureau on the data to be used by it for the purposes of health‑related statistics;\n    (h) subject to section 29, to enable researchers to have access to health‑related information and statistics held by the Institute or by bodies or persons with whom contracts or arrangements have been entered into by the Institute;\n    (j) to publish methodological and substantive reports on work carried out by or in association with the Institute under this subsection;\n    (k) to make recommendations to the Minister on the prevention and treatment of diseases and the improvement and promotion of the health and health awareness of the people of Australia; and\n    (m) to do anything incidental to any of the foregoing.\n  Welfare‑related functions\n  (1A) The Institute’s welfare‑related functions are:\n    (a) to collect welfare‑related information and statistics, in consultation with the Australian Bureau of Statistics if necessary, whether by the Institute itself or in association with other bodies or persons; and\n    (b) to produce welfare‑related information and statistics (whether by itself or in association with other bodies or persons); and\n    (c) to co‑ordinate the collection and production of welfare‑related information and statistics by other bodies or persons; and\n    (d) to provide assistance (including financial assistance) for the collection and production of welfare‑related information and statistics by other bodies or persons; and\n    (e) to develop, in consultation with the Australian Bureau of Statistics, specialised statistical standards and classifications relevant to welfare services; and\n    (f) subject to section 29, to enable researchers to have access to welfare‑related information and statistics held by the Institute or by bodies or persons with whom contracts or arrangements have been entered into by the Institute; and\n    (g) to publish methodological and substantive reports on work carried out by or in association with the Institute under this subsection; and\n    (h) to do anything incidental to the functions conferred by paragraphs (a) to (g).\n  Functions of Australian Bureau of Statistics not limited by this section\n  (3) This section is not intended to limit the functions of the Australian Bureau of Statistics.","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Powers of Institute","content":"#### 6 Powers of Institute\n\n  The Institute has power to do all things necessary or convenient to be done for or in connection with the performance of its functions and, in particular, has power:\n    (a) to enter into contracts or arrangements, including contracts or arrangements with bodies or persons to perform functions on behalf of the Institute;\n    (b) to acquire, hold and dispose of real or personal property;\n    (c) to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Institute;\n    (d) to appoint agents and attorneys and act as an agent for other persons;\n    (e) to accept gifts, grants, devises and bequests made to the Institute, whether on trust or otherwise, and to act as trustee of money or other property vested in the Institute on trust;\n    (f) subject to section 29, to:\n    (i) release data to other bodies or persons; and\n    (ii) publish the results of any of its work; and\n    (g) to do anything incidental to any of its powers.","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Directions by Minister","content":"#### 7 Directions by Minister\n\n  (1) The Minister may, by notifiable instrument, give a direction to the Institute with respect to the performance of its functions or the exercise of its powers.\n  (1A) The Minister must consult the Chair before giving any direction to the Institute.\n  (1B) The Minister must consult each State Health Minister before giving the direction if the direction relates to the Institute’s health‑related functions.\n  (1C) The Minister must consult each State Welfare Minister before giving the direction if the direction:\n    (a) relates to the Institute’s welfare‑related functions; and\n    (b) does not concern housing matters.\n  (1D) The Minister must consult each State Housing Minister before giving the direction if the direction:\n    (a) relates to the Institute’s welfare‑related functions; and\n    (b) concerns housing matters.\n  (1E) The Minister must cause a copy of any direction given under subsection (1) to be delivered, in writing, to the Chair as soon as practicable.\n  (1F) A failure to comply with subsection (1E) does not affect the validity of the direction.\n  (2) The Institute shall comply with any direction given under subsection (1).\n  (3) This section does not affect the application, in relation to the Institute, of section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities).","sortOrder":10},{"sectionNumber":"Division 2","sectionType":"division","heading":"Board of the Institute","content":"An Act to establish an Australian Institute of Health and Welfare, and for related purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Institute of Health and Welfare Act 1987.\n\n#### 2 Commencement\n\n  This Act shall come into operation on a day to be fixed by Proclamation.\n\n#### 2A Simplified outline of this Act\n\nThis Act establishes the Australian Institute of Health and Welfare.\n\nThe main functions of the Institute are the following:\n\n(a) to collect and produce information and statistics relating to health and welfare;\n\n(b) to coordinate and provide assistance for the collection and production of information and statistics relating to health and welfare by other bodies or persons;\n\n(c) to conduct and promote research into the health of the people of Australia and their health services;\n\n(d) to publish reports on work carried out by or in association with the Institute;\n\n(e) to make recommendations to the Minister on the prevention and treatment of diseases and the improvement and promotion of the health and health awareness of the people of Australia.\n\nThe Institute must perform its functions and exercise its powers in accordance with directions given by the Minister.\n\nThis Act also establishes the Board of the Institute. The Board’s main functions are to ensure the proper, efficient and effective performance of the Institute’s functions.\n\nThere is to be a Chief Executive Officer of the Institute. The CEO is responsible for the day‑to‑day administration of the Institute.\n\nThere is to be an Australian Institute of Health and Welfare Ethics Committee. The Institute may appoint other committees to assist the Institute in performing its functions.\n\nThis Act also deals with miscellaneous matters, including delegations, confidentiality and the power to make regulations.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Board means the Board of the Institute.\n\n> CEO means the Chief Executive Officer of the Institute.\n\n> Chair means the Chair of the Board.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> Ethics Committee means the Australian Institute of Health and Welfare Ethics Committee.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> health‑related information and statistics means information and statistics collected and produced from data relevant to health or health services.\n\n> Institute means the Australian Institute of Health and Welfare.\n\n> member means a member of the Board, and includes the Chair and the Deputy Chair.\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> production means compilation, analysis and dissemination.\n\n> State Health Minister means:\n\n    (a) the Minister of the Crown for a State;\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to health in the State, the Australian Capital Territory or the Northern Territory, as the case may be.\n\n> State Housing Minister means:\n\n    (a) the Minister of the Crown for a State; or\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to housing in the State or Territory, as the case may be.\n\n> State or Territory agency means:\n\n    (a) a Department of a State or Territory; or\n    (b) a body (whether incorporated or not) established for a public purpose by or under a law of a State or Territory.\n\n> State Welfare Minister means:\n\n    (a) the Minister of the Crown for a State; or\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to welfare in the State or Territory, as the case may be.\n\n> trust money means money received or held by the Institute on trust.\n\n> trust property means property received or held by the Institute on trust.\n\n> welfare‑related information and statistics means information and statistics collected and produced from data relevant to the provision of welfare services.\n\n> welfare services includes:\n\n    (a) aged care services; and\n    (b) child care services (including services designed to encourage or support participation by parents in educational courses, training and the labour force); and\n    (c) services for people with disabilities; and\n    (d) housing assistance (including programs designed to provide access to secure housing in the long term and programs to provide access to crisis accommodation in the short term); and\n    (e) child welfare services (including, in particular, child protection and substitute care services); and\n    (f) other community services.\n\n## Part II—Australian Institute of Health and Welfare\n\n### Division 1—Establishment, functions and powers of Institute\n\n#### 4 Establishment of Institute\n\n  (1) There is hereby established a body to be known as the Australian Institute of Health and Welfare.\n  (2) The Institute:\n    (a) is a body corporate with perpetual succession;\n    (b) shall have a common seal; and\n    (c) may sue and be sued in its corporate name.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Institute. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the common seal of the Institute affixed to a document and shall presume that it was duly affixed.\n\n#### 5 Functions of the Institute\n\n  Institute to have health‑related and welfare‑related functions\n  (1AA) The functions of the Institute are:\n    (a) the health‑related functions conferred by subsection (1); and\n    (b) the welfare‑related functions conferred by subsection (1A).\n  Health‑related functions\n  (1) The Institute’s health‑related functions are:\n    (a) to collect health‑related information and statistics, in consultation with the Australian Bureau of Statistics if necessary, whether by the Institute itself or in association with other bodies or persons;\n    (b) to produce health‑related information and statistics, whether by itself or in association with other bodies or persons;\n    (c) to co‑ordinate the collection and production of health‑related information and statistics by other bodies or persons;\n    (d) to provide assistance, including financial assistance, for the collection and production of health‑related information and statistics by other bodies or persons;\n    (e) to develop methods and undertake studies designed to assess the provision, use, cost and effectiveness of health services and health technologies;\n    (f) to conduct and promote research into the health of the people of Australia and their health services;\n    (g) to develop, in consultation with the Australian Bureau of Statistics, specialised statistical standards and classifications relevant to health and health services, and advise the Bureau on the data to be used by it for the purposes of health‑related statistics;\n    (h) subject to section 29, to enable researchers to have access to health‑related information and statistics held by the Institute or by bodies or persons with whom contracts or arrangements have been entered into by the Institute;\n    (j) to publish methodological and substantive reports on work carried out by or in association with the Institute under this subsection;\n    (k) to make recommendations to the Minister on the prevention and treatment of diseases and the improvement and promotion of the health and health awareness of the people of Australia; and\n    (m) to do anything incidental to any of the foregoing.\n  Welfare‑related functions\n  (1A) The Institute’s welfare‑related functions are:\n    (a) to collect welfare‑related information and statistics, in consultation with the Australian Bureau of Statistics if necessary, whether by the Institute itself or in association with other bodies or persons; and\n    (b) to produce welfare‑related information and statistics (whether by itself or in association with other bodies or persons); and\n    (c) to co‑ordinate the collection and production of welfare‑related information and statistics by other bodies or persons; and\n    (d) to provide assistance (including financial assistance) for the collection and production of welfare‑related information and statistics by other bodies or persons; and\n    (e) to develop, in consultation with the Australian Bureau of Statistics, specialised statistical standards and classifications relevant to welfare services; and\n    (f) subject to section 29, to enable researchers to have access to welfare‑related information and statistics held by the Institute or by bodies or persons with whom contracts or arrangements have been entered into by the Institute; and\n    (g) to publish methodological and substantive reports on work carried out by or in association with the Institute under this subsection; and\n    (h) to do anything incidental to the functions conferred by paragraphs (a) to (g).\n  Functions of Australian Bureau of Statistics not limited by this section\n  (3) This section is not intended to limit the functions of the Australian Bureau of Statistics.\n\n#### 6 Powers of Institute\n\n  The Institute has power to do all things necessary or convenient to be done for or in connection with the performance of its functions and, in particular, has power:\n    (a) to enter into contracts or arrangements, including contracts or arrangements with bodies or persons to perform functions on behalf of the Institute;\n    (b) to acquire, hold and dispose of real or personal property;\n    (c) to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Institute;\n    (d) to appoint agents and attorneys and act as an agent for other persons;\n    (e) to accept gifts, grants, devises and bequests made to the Institute, whether on trust or otherwise, and to act as trustee of money or other property vested in the Institute on trust;\n    (f) subject to section 29, to:\n    (i) release data to other bodies or persons; and\n    (ii) publish the results of any of its work; and\n    (g) to do anything incidental to any of its powers.\n\n#### 7 Directions by Minister\n\n  (1) The Minister may, by notifiable instrument, give a direction to the Institute with respect to the performance of its functions or the exercise of its powers.\n  (1A) The Minister must consult the Chair before giving any direction to the Institute.\n  (1B) The Minister must consult each State Health Minister before giving the direction if the direction relates to the Institute’s health‑related functions.\n  (1C) The Minister must consult each State Welfare Minister before giving the direction if the direction:\n    (a) relates to the Institute’s welfare‑related functions; and\n    (b) does not concern housing matters.\n  (1D) The Minister must consult each State Housing Minister before giving the direction if the direction:\n    (a) relates to the Institute’s welfare‑related functions; and\n    (b) concerns housing matters.\n  (1E) The Minister must cause a copy of any direction given under subsection (1) to be delivered, in writing, to the Chair as soon as practicable.\n  (1F) A failure to comply with subsection (1E) does not affect the validity of the direction.\n  (2) The Institute shall comply with any direction given under subsection (1).\n  (3) This section does not affect the application, in relation to the Institute, of section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities).\n\n### Division 2—Board of the Institute\n\n#### Subdivision A—Establishment and functions of the Board\n\n#### 8 Establishment of the Board\n\n  The Board of the Institute is established by this section.\n\n#### 8A Functions of the Board\n\n  (1) The functions of the Board are:\n    (a) to ensure the proper, efficient and effective performance of the Institute’s functions; and\n    (b) any other functions conferred on the Board by this Act.\n  (2) The Board has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n  (3) Anything done in the name of, or on behalf of, the Institute by the Board, or with the authority of the Board, is taken to have been done by the Institute.\n\n#### Subdivision B—Membership of the Board\n\n#### 9 Membership\n\n  The Board consists of the following members:\n    (a) the Chair;\n    (b) the Deputy Chair;\n    (c) the CEO;\n    (d) not more than 3 members nominated by State Health Ministers;\n    (e) not more than 6 other members.\n\n#### Subdivision C—Members of the Board\n\n#### 10 Application of this Subdivision\n\n  This Subdivision applies to members other than the CEO.\n\n> Note: Division 4 deals with the office of the CEO.\n\n#### 11 Appointment of members\n\n  Members\n  (1) A member is to be appointed by the Minister by written instrument, on a part‑time basis.\n  Chair and Deputy Chair\n  (2) The Minister must appoint one member to be the Chair and another member to be the Deputy Chair.\n  Eligibility for appointment\n  (3) A person is not eligible for appointment as a member unless the Minister is satisfied that the person has appropriate skills or experience, or significant standing, in one or more of the following fields:\n    (a) public administration in relation to health, welfare or housing;\n    (b) education;\n    (c) Aboriginal and Torres Strait Islander health and welfare;\n    (d) data and data standards;\n    (e) statistics and statistical methods;\n    (f) performance measurement and reporting;\n    (g) financial management;\n    (h) corporate management;\n    (i) consumer interests;\n    (j) law.\n\n#### 11A Term of appointment\n\n  A member holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n> Note: A member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 11B Acting appointments\n\n  (1) The Deputy Chair is to act as the Chair:\n    (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n  (2) The Minister may, by written instrument, appoint a member to act as the Deputy Chair:\n    (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Deputy Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n  (3) The Minister may, by written instrument, appoint a person to act as a member (other than the Chair or the Deputy Chair):\n    (a) during a vacancy in the office of a member (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when a member:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n#### 12 Remuneration\n\n  (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.\n  (2) A member is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 12A Leave of absence\n\n  The Minister may grant a member leave of absence on such terms and conditions as to remuneration or otherwise as the Minister determines.\n\n#### 12B Outside employment\n\n  (1) A member must not engage in any paid work that conflicts or could conflict with the proper performance of the member’s duties.\n  (2) Subsection (1) does not apply to a member who is an official of a State or Territory agency.\n\n#### 12C Other terms and conditions\n\n  A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 13 Resignation\n\n  (1) A member may resign the member’s appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 13A Termination of appointment\n\n  (1) The Minister may terminate the appointment of a member:\n    (a) for misbehaviour; or\n    (b) if the member is unable to perform the duties of the member’s office because of physical or mental incapacity.\n  (2) The Minister may terminate the appointment of the member if:\n    (a) the member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with the member’s creditors; or\n    (iv) makes an assignment of the member’s remuneration for the benefit of the member’s creditors; or\n    (b) the member is absent, except on leave of absence, from 3 consecutive meetings of the Board; or\n    (c) the member engages in paid work that conflicts or could conflict with the proper performance of the member’s duties (see section 12B).\n\n> Note: The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 13B Disclosure of interests\n\n  Neither section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests), nor any rules made for the purposes of that section, apply to a member’s interest if:\n    (a) the member is an official of a State or Territory agency; and\n    (b) the member only has the interest by reason of being an official of the State or Territory agency.\n\n#### Subdivision D—Meetings of the Board\n\n#### 14 Convening of meetings\n\n  (1) The Board must meet at least once every 4 months.\n  (2) The Chair:\n    (a) may convene a meeting at any time; and\n    (b) must convene a meeting on receipt of a written request signed by at least 3 members.\n  (3) The Minister may convene such meetings of the Board as the Minister considers necessary.\n\n#### 14A Presiding at meetings\n\n  (1) The Chair must preside at all meetings of the Board at which the Chair is present.\n  (2) If the Chair is not present at a meeting of the Board, the Deputy Chair must preside.\n\n#### 14B Quorum\n\n  (1) At a meeting of the Board, a quorum is constituted by a majority of members, which must include the Chair or the Deputy Chair.\n  (2) However, if:\n    (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n    (b) when the member leaves the meeting concerned there is no longer a quorum present;\n  the remaining members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.\n\n#### 15 Voting at meetings\n\n  (1) A question arising at a meeting of the Board is to be determined by a majority of the votes of the members present and voting.\n  (2) The person presiding at a meeting of the Board has a deliberative vote and, if the votes are equal, a casting vote.\n\n#### 15A Conduct of meetings\n\n  Subject to this Act and the Public Governance, Performance and Accountability Act 2013, the Board may regulate the procedure of its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which members may participate in meetings.\n\n#### 15B Minutes\n\n  The Board must keep minutes of its meetings.\n\n#### 15C Decisions without meetings\n\n  (1) The Board is taken to have made a decision at a meeting if:\n    (a) without meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and\n    (b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and\n    (c) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n  (2) Subsection (1) applies only if the Board:\n    (a) has determined that it may make decisions of that kind without meeting; and\n    (b) has determined the method by which members are to indicate agreement with proposed decisions.\n  (3) For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.\n  (4) The Board must keep a record of decisions made in accordance with this section.\n\n### Division 3—Committees of Institute\n\n#### 16 Committees\n\n  (1) The Institute shall appoint a committee to be known as the Australian Institute of Health and Welfare Ethics Committee.\n  (2) The functions and composition of the Ethics Committee shall be as prescribed.\n  (3) Regulations for the purpose of subsection (2) must not be inconsistent with recommendations of the CEO of the National Health and Medical Research Council.\n  (4) The Institute may appoint such other committees as it thinks fit to assist it in performing its functions.\n  (5) The functions and composition of a committee appointed under subsection (4) shall be as determined from time to time in writing by the Institute.\n  (6) The succeeding subsections of this section apply in relation to a committee appointed under subsection (1) or (4).\n  (7) The members of a committee may include members of the Board.\n  (8) A member of a committee holds office for such period as is specified in the instrument of appointment.\n  (9) A member of a committee may resign by instrument in writing delivered to the Institute.\n  (10) Except where the Minister otherwise directs in writing, a member of a committee shall be paid such remuneration as is determined by the Remuneration Tribunal.\n  (11) A member of a committee (other than a member of the Board) shall be paid such allowances as are prescribed.\n  (12) Subsections (9) and (10) have effect subject to the Remuneration Tribunal Act 1973.\n  (13) A member of a committee must disclose at a meeting of the committee any pecuniary or other interest:\n    (a) that the member has directly or indirectly in a matter being considered, or about to be considered by the committee; and\n    (b) that would conflict with the proper performance of the member’s functions in relation to the consideration of the matter.\n  The member must make the disclosure as soon as practicable after he or she knows of the relevant facts.\n  (14) The disclosure must be recorded in the minutes of the meeting.\n  (15) Subsection (13) does not apply to an interest held by a member of the Board who is an official of a State or Territory agency, merely because the member is an official of the State or Territory agency.\n\n### Division 4—Chief Executive Officer of Institute\n\n#### 17 Chief Executive Officer\n\n  There is to be a Chief Executive Officer of the Institute.\n\n#### 17A Functions of the CEO\n\n  (1) The CEO is responsible for the day‑to‑day administration of the Institute.\n  (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of the CEO’s duties.\n  (3) All acts and things done in the name of, or on behalf of, the Institute by the CEO shall be deemed to have been done by the Institute.\n  (4) The CEO is to act in accordance with policies and strategies determined by the Board.\n  Board directions\n  (5) The Board may give written directions to the CEO about the performance of the CEO’s functions.\n  (6) The CEO must comply with a direction under subsection (5).\n  (7) A direction under subsection (5) is not a legislative instrument.\n\n#### 17B Appointment\n\n  The CEO is to be appointed by the Board by written instrument.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 17C Term of appointment\n\n  The CEO holds office on a full‑time basis for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n#### 17D Acting appointments\n\n  The Board may, by written instrument, appoint a person to act as the CEO:\n    (a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n#### 18 Remuneration\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18A Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Board may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Board determines.\n\n#### 18B Outside employment\n\n  The CEO must not engage in paid work outside the duties of the CEO’s office without the Board’s approval.\n\n#### 18C Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board.\n\n#### 18D Resignation\n\n  (1) The CEO may resign the CEO’s appointment by giving the Board a written resignation.\n  (2) The resignation takes effect on the day it is received by the Board or, if a later day is specified in the resignation, on that later day.\n\n#### 18E Termination of appointment\n\n  (1) The Board may terminate the appointment of the CEO:\n    (a) for misbehaviour; or\n    (b) if the CEO is unable to perform the duties of the CEO’s office because of physical or mental incapacity.\n  (2) The Board may terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with the CEO’s creditors; or\n    (iv) makes an assignment of the CEO’s remuneration for the benefit of the CEO’s creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Board’s approval, in paid work outside the duties of the CEO’s office (see section 18B).\n\n> Note: The appointment of the CEO may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 18F Certain decisions of the Board\n\n  The CEO must not be present during any deliberation, or take part in any decision, of the Board under this Division.\n\n### Division 5—Staff\n\n#### 19 Staff\n\n  (1) The staff required for the purposes of this Act shall be:\n    (a) persons engaged under the Public Service Act 1999; and\n    (b) persons appointed or employed by the Institute.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n  (3) The Institute may engage as advisers or consultants persons having suitable qualifications and experience.\n  (4) The terms and conditions of appointment or employment of members of the staff referred to in paragraph (1)(b) are such as are determined by the Institute.\n  (5) The terms and conditions of engagement of advisers or consultants are such as are determined by the Institute.\n\n## Part III—Finance\n\n#### 20 Money to be appropriated by Parliament\n\n  (1) There is payable to the Institute such money as is appropriated by the Parliament for the purposes of the Institute.\n  (2) The Finance Minister may give directions as to the means in which, and the times at which, money referred to in subsection (1) is to be paid to the Institute.\n\n#### 22 Money of Institute\n\n  (1) The money of the Institute consists of:\n    (a) money paid to the Institute under an appropriation; and\n    (b) any other money, other than trust money, paid to the Institute.\n  (2) The money of the Institute shall be applied only:\n    (a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Institute in the performance of its functions and the exercise of its powers;\n    (b) in payment of remuneration and allowances payable under this Act; and\n    (c) in making any other payments required or permitted to be made by the Institute.\n  (3) Subsection (2) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Institute.\n\n#### 23 Contracts\n\n  The Institute must not enter into a lease of land for a period of 10 years or more without the written approval of the Minister.\n\n#### 24 Annual report\n\n  The annual report prepared by the members and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:\n    (a) particulars of each direction given under subsection 7(1) that is applicable to the period; or\n    (b) if the Board considers those particulars contain information concerning a person or are of a confidential nature—a statement that a direction under that subsection was given.\n\n#### 25 Trust money and trust property\n\n  The Institute:\n    (a) shall pay trust money into an account or accounts containing no money other than trust money;\n    (b) shall apply or deal with trust money and trust property only in accordance with the powers and duties of the Institute as trustee; and\n    (c) may only invest trust money:\n    (i) in any manner in which the Institute is authorised to invest the money by the terms of the trust; or\n    (ii) in any manner in which trust money may be lawfully invested.\n\n#### 26 Exemption from taxation\n\n  The income, property and transactions of the Institute are not subject to taxation under any law of the Commonwealth or of a State or Territory.\n\n## Part IV—Miscellaneous\n\n#### 27 Delegation by Institute\n\n  (1) The Institute may, either generally or as otherwise provided by the instrument of delegation, by writing under its common seal:\n    (a) delegate to a member;\n    (b) delegate to a member of the staff of the Institute; and\n    (c) with the approval of the Minister—delegate to any other person or body;\n  all or any of the Institute’s powers or functions under this Act, other than this power of delegation.\n  (2) A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Institute.\n  (3) A delegation does not prevent the exercise of a power or performance of a function by the Institute.\n\n#### 28 Delegation by the CEO\n\n  (1) The CEO may, in writing, delegate all or any of the CEO’s functions or powers under this Act to:\n    (a) a member of the staff of the Institute; or\n    (b) with the written approval of the Board—any other person or body.\n  (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the CEO.\n\n#### 29 Confidentiality\n\n  (1) Subject to this section, a person (in this subsection called the informed person) who has:\n    (a) any information concerning another person (which person is in this section called an information subject), being information acquired by the informed person because of:\n    (i) holding an office, engagement or appointment, or being employed, under this Act;\n    (ii) performing a duty or function, or exercising a power, under or in connection with this Act; or\n    (iii) doing any act or thing under an agreement or arrangement entered into by the Institute; or\n    (b) any document relating to another person (which person is in this section also called an information subject), being a document furnished for the purposes of this Act;\n  shall not, except for the purposes of this Act, either directly or indirectly:\n    (c) make a record of any of that information or divulge or communicate any of that information to any person (including an information subject);\n    (d) produce that document to any person (including an information subject); or\n    (e) be required to divulge or communicate any of that information to a court or to produce that document in a court.\n\nPenalty: Imprisonment for 12 months or 20 penalty units, or both.\n\n  (2) Subject to subsections (2A) and (2B), nothing in this section prohibits:\n    (a) a person from divulging or communicating information, or producing a document, to the Minister if it does not identify an information subject;\n    (b) a person from divulging or communicating information, or producing a document, to a person specified in writing by the person (in this subsection called the information provider) who divulged or communicated the information, or produced the document, directly to the Institute;\n    (c) a person from divulging or communicating information, or producing a document, to a person specified in writing by the Ethics Committee if to do so is not contrary to the written terms and conditions (if any) upon which the information provider divulged or communicated the information, or produced the document, directly to the Institute; or\n    (d) the publication of conclusions based on statistics derived from, or of particulars of procedures used in, the work of the Institute, if:\n    (i) to do so is not contrary to the written terms and conditions (if any) upon which an information provider divulged or communicated information relevant to the publication, or produced a document relevant to the publication, directly to the Institute; and\n    (ii) the publication does not identify the information subject.\n  (2A) Paragraph (2)(c) applies only to information that is health‑related or welfare‑related information and statistics.\n  (2B) Paragraph (2)(c) applies to a document only to the extent to which the document contains health‑related or welfare‑related information and statistics.\n  (3) A person to whom information is divulged or communicated, or a document is produced, under paragraph (2)(a), (b) or (c), and any person under the control of that person is, in respect of that information or document, subject to subsection (1) as if the person were a person exercising powers, or performing duties or functions, under this Act and had acquired the information or document in the exercise of those powers or the performance of those duties or functions.\n  (4) In this section:\n    (a) court includes any tribunal, authority or person having power to require the production of documents or the answering of questions;\n    (b) person includes a body or association of persons, whether incorporated or not, and also includes:\n    (i) in the case of an information provider—a body politic; or\n    (ii) in the case of an information subject—a deceased person;\n    (c) produce includes permit access to;\n    (d) publication, in relation to conclusions, statistics or particulars, includes:\n    (i) the divulging or communication to a court of the conclusions, statistics or particulars; and\n    (ii) the production to a court of a document containing the conclusions, statistics or particulars; and\n    (e) a reference to information concerning a person includes:\n    (i) a reference to information as to the whereabouts, existence or non‑existence of a document concerning a person; and\n    (ii) a reference to information identifying a person or body providing information concerning a person.\n\n#### 30 Restricted application of the Epidemiological Studies (Confidentiality) Act 1981\n\n  (1) The Epidemiological Studies (Confidentiality) Act 1981 (in this section called the Confidentiality Act) does not apply to anything done in the exercise of a power or performance of a function under this Act.\n  (2) Notwithstanding the Confidentiality Act, a person who has assisted, or is assisting in, the conduct of a prescribed study or an epidemiological study may, at the written request of the Institute:\n    (a) communicate to the Institute any information acquired by the person because of having assisted, or assisting, in the conduct of that study; and\n    (b) give the Institute access to documents prepared or obtained in the conduct of that study.\n  (3) It is a defence to a prosecution under the Confidentiality Act if it is established that the information was communicated or access to a document was given, as the case may be, in accordance with a written request by the Institute.\n  (4) In this section:\n    (a) epidemiological study has the same meaning as in the Confidentiality Act; and\n    (b) prescribed study has the same meaning as in the Confidentiality Act.\n\n#### 31 Periodical reports\n\n  (1) The Institute shall prepare and, as soon as practicable, and in any event within 6 months:\n    (a) after 31 December 1987—shall submit to the Minister a health report for the period commencing on the commencement of this Act and ending on that date; and\n    (b) after 31 December 1989 and every second 31 December thereafter—shall submit to the Minister a health report for the 2 year period ending on that 31 December.\n  (1A) The Institute must submit to the Minister:\n    (a) as soon as practicable after (and in any event within 6 months of) 30 June 1993, a welfare report prepared by the Institute for the period:\n    (i) beginning on the day on which the Australian Institute of Health Amendment Act 1992 commences; and\n    (ii) ending on 30 June 1993; and\n    (b) as soon as practicable after (and in any event within 6 months of) 30 June 1995 and every second 30 June thereafter, a welfare report for the 2 year period ending on that 30 June.\n  (2) The Institute may at any time submit to the Minister:\n    (a) a health or welfare report for any period; or\n    (b) a report in respect of any matter relating to the exercise of the powers, or the performance of the functions, of the Institute or its committees under this Act.\n  (3) A health report shall provide:\n    (a) statistics and related information concerning the health of the people of Australia; and\n    (b) an outline of the development of health‑related information and statistics by the Institute, whether by itself or in association with other persons or bodies;\n  during the period to which the report relates.\n  (3A) A welfare report must provide:\n    (a) statistics and related information concerning the provision of welfare services to the Australian people; and\n    (b) an outline of the development of welfare‑related information and statistics by the Institute, whether by itself or in association with other persons or bodies;\n  during the period to which the report relates.\n  (4) The Minister shall cause a copy of a report submitted under subsection (1) or (1A) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.\n  (5) The Minister may cause a copy of a report submitted under subsection (2) to be laid before each House of the Parliament.\n\n#### 32 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters required or permitted by this Act to be prescribed.","sortOrder":11},{"sectionNumber":"Subdivision A","sectionType":"subdivision","heading":"Establishment and functions of the Board","content":"An Act to establish an Australian Institute of Health and Welfare, and for related purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Institute of Health and Welfare Act 1987.\n\n#### 2 Commencement\n\n  This Act shall come into operation on a day to be fixed by Proclamation.\n\n#### 2A Simplified outline of this Act\n\nThis Act establishes the Australian Institute of Health and Welfare.\n\nThe main functions of the Institute are the following:\n\n(a) to collect and produce information and statistics relating to health and welfare;\n\n(b) to coordinate and provide assistance for the collection and production of information and statistics relating to health and welfare by other bodies or persons;\n\n(c) to conduct and promote research into the health of the people of Australia and their health services;\n\n(d) to publish reports on work carried out by or in association with the Institute;\n\n(e) to make recommendations to the Minister on the prevention and treatment of diseases and the improvement and promotion of the health and health awareness of the people of Australia.\n\nThe Institute must perform its functions and exercise its powers in accordance with directions given by the Minister.\n\nThis Act also establishes the Board of the Institute. The Board’s main functions are to ensure the proper, efficient and effective performance of the Institute’s functions.\n\nThere is to be a Chief Executive Officer of the Institute. The CEO is responsible for the day‑to‑day administration of the Institute.\n\nThere is to be an Australian Institute of Health and Welfare Ethics Committee. The Institute may appoint other committees to assist the Institute in performing its functions.\n\nThis Act also deals with miscellaneous matters, including delegations, confidentiality and the power to make regulations.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Board means the Board of the Institute.\n\n> CEO means the Chief Executive Officer of the Institute.\n\n> Chair means the Chair of the Board.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> Ethics Committee means the Australian Institute of Health and Welfare Ethics Committee.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> health‑related information and statistics means information and statistics collected and produced from data relevant to health or health services.\n\n> Institute means the Australian Institute of Health and Welfare.\n\n> member means a member of the Board, and includes the Chair and the Deputy Chair.\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> production means compilation, analysis and dissemination.\n\n> State Health Minister means:\n\n    (a) the Minister of the Crown for a State;\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to health in the State, the Australian Capital Territory or the Northern Territory, as the case may be.\n\n> State Housing Minister means:\n\n    (a) the Minister of the Crown for a State; or\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to housing in the State or Territory, as the case may be.\n\n> State or Territory agency means:\n\n    (a) a Department of a State or Territory; or\n    (b) a body (whether incorporated or not) established for a public purpose by or under a law of a State or Territory.\n\n> State Welfare Minister means:\n\n    (a) the Minister of the Crown for a State; or\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to welfare in the State or Territory, as the case may be.\n\n> trust money means money received or held by the Institute on trust.\n\n> trust property means property received or held by the Institute on trust.\n\n> welfare‑related information and statistics means information and statistics collected and produced from data relevant to the provision of welfare services.\n\n> welfare services includes:\n\n    (a) aged care services; and\n    (b) child care services (including services designed to encourage or support participation by parents in educational courses, training and the labour force); and\n    (c) services for people with disabilities; and\n    (d) housing assistance (including programs designed to provide access to secure housing in the long term and programs to provide access to crisis accommodation in the short term); and\n    (e) child welfare services (including, in particular, child protection and substitute care services); and\n    (f) other community services.\n\n## Part II—Australian Institute of Health and Welfare\n\n### Division 1—Establishment, functions and powers of Institute\n\n#### 4 Establishment of Institute\n\n  (1) There is hereby established a body to be known as the Australian Institute of Health and Welfare.\n  (2) The Institute:\n    (a) is a body corporate with perpetual succession;\n    (b) shall have a common seal; and\n    (c) may sue and be sued in its corporate name.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Institute. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the common seal of the Institute affixed to a document and shall presume that it was duly affixed.\n\n#### 5 Functions of the Institute\n\n  Institute to have health‑related and welfare‑related functions\n  (1AA) The functions of the Institute are:\n    (a) the health‑related functions conferred by subsection (1); and\n    (b) the welfare‑related functions conferred by subsection (1A).\n  Health‑related functions\n  (1) The Institute’s health‑related functions are:\n    (a) to collect health‑related information and statistics, in consultation with the Australian Bureau of Statistics if necessary, whether by the Institute itself or in association with other bodies or persons;\n    (b) to produce health‑related information and statistics, whether by itself or in association with other bodies or persons;\n    (c) to co‑ordinate the collection and production of health‑related information and statistics by other bodies or persons;\n    (d) to provide assistance, including financial assistance, for the collection and production of health‑related information and statistics by other bodies or persons;\n    (e) to develop methods and undertake studies designed to assess the provision, use, cost and effectiveness of health services and health technologies;\n    (f) to conduct and promote research into the health of the people of Australia and their health services;\n    (g) to develop, in consultation with the Australian Bureau of Statistics, specialised statistical standards and classifications relevant to health and health services, and advise the Bureau on the data to be used by it for the purposes of health‑related statistics;\n    (h) subject to section 29, to enable researchers to have access to health‑related information and statistics held by the Institute or by bodies or persons with whom contracts or arrangements have been entered into by the Institute;\n    (j) to publish methodological and substantive reports on work carried out by or in association with the Institute under this subsection;\n    (k) to make recommendations to the Minister on the prevention and treatment of diseases and the improvement and promotion of the health and health awareness of the people of Australia; and\n    (m) to do anything incidental to any of the foregoing.\n  Welfare‑related functions\n  (1A) The Institute’s welfare‑related functions are:\n    (a) to collect welfare‑related information and statistics, in consultation with the Australian Bureau of Statistics if necessary, whether by the Institute itself or in association with other bodies or persons; and\n    (b) to produce welfare‑related information and statistics (whether by itself or in association with other bodies or persons); and\n    (c) to co‑ordinate the collection and production of welfare‑related information and statistics by other bodies or persons; and\n    (d) to provide assistance (including financial assistance) for the collection and production of welfare‑related information and statistics by other bodies or persons; and\n    (e) to develop, in consultation with the Australian Bureau of Statistics, specialised statistical standards and classifications relevant to welfare services; and\n    (f) subject to section 29, to enable researchers to have access to welfare‑related information and statistics held by the Institute or by bodies or persons with whom contracts or arrangements have been entered into by the Institute; and\n    (g) to publish methodological and substantive reports on work carried out by or in association with the Institute under this subsection; and\n    (h) to do anything incidental to the functions conferred by paragraphs (a) to (g).\n  Functions of Australian Bureau of Statistics not limited by this section\n  (3) This section is not intended to limit the functions of the Australian Bureau of Statistics.\n\n#### 6 Powers of Institute\n\n  The Institute has power to do all things necessary or convenient to be done for or in connection with the performance of its functions and, in particular, has power:\n    (a) to enter into contracts or arrangements, including contracts or arrangements with bodies or persons to perform functions on behalf of the Institute;\n    (b) to acquire, hold and dispose of real or personal property;\n    (c) to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Institute;\n    (d) to appoint agents and attorneys and act as an agent for other persons;\n    (e) to accept gifts, grants, devises and bequests made to the Institute, whether on trust or otherwise, and to act as trustee of money or other property vested in the Institute on trust;\n    (f) subject to section 29, to:\n    (i) release data to other bodies or persons; and\n    (ii) publish the results of any of its work; and\n    (g) to do anything incidental to any of its powers.\n\n#### 7 Directions by Minister\n\n  (1) The Minister may, by notifiable instrument, give a direction to the Institute with respect to the performance of its functions or the exercise of its powers.\n  (1A) The Minister must consult the Chair before giving any direction to the Institute.\n  (1B) The Minister must consult each State Health Minister before giving the direction if the direction relates to the Institute’s health‑related functions.\n  (1C) The Minister must consult each State Welfare Minister before giving the direction if the direction:\n    (a) relates to the Institute’s welfare‑related functions; and\n    (b) does not concern housing matters.\n  (1D) The Minister must consult each State Housing Minister before giving the direction if the direction:\n    (a) relates to the Institute’s welfare‑related functions; and\n    (b) concerns housing matters.\n  (1E) The Minister must cause a copy of any direction given under subsection (1) to be delivered, in writing, to the Chair as soon as practicable.\n  (1F) A failure to comply with subsection (1E) does not affect the validity of the direction.\n  (2) The Institute shall comply with any direction given under subsection (1).\n  (3) This section does not affect the application, in relation to the Institute, of section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities).\n\n### Division 2—Board of the Institute\n\n#### Subdivision A—Establishment and functions of the Board\n\n#### 8 Establishment of the Board\n\n  The Board of the Institute is established by this section.\n\n#### 8A Functions of the Board\n\n  (1) The functions of the Board are:\n    (a) to ensure the proper, efficient and effective performance of the Institute’s functions; and\n    (b) any other functions conferred on the Board by this Act.\n  (2) The Board has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n  (3) Anything done in the name of, or on behalf of, the Institute by the Board, or with the authority of the Board, is taken to have been done by the Institute.\n\n#### Subdivision B—Membership of the Board\n\n#### 9 Membership\n\n  The Board consists of the following members:\n    (a) the Chair;\n    (b) the Deputy Chair;\n    (c) the CEO;\n    (d) not more than 3 members nominated by State Health Ministers;\n    (e) not more than 6 other members.\n\n#### Subdivision C—Members of the Board\n\n#### 10 Application of this Subdivision\n\n  This Subdivision applies to members other than the CEO.\n\n> Note: Division 4 deals with the office of the CEO.\n\n#### 11 Appointment of members\n\n  Members\n  (1) A member is to be appointed by the Minister by written instrument, on a part‑time basis.\n  Chair and Deputy Chair\n  (2) The Minister must appoint one member to be the Chair and another member to be the Deputy Chair.\n  Eligibility for appointment\n  (3) A person is not eligible for appointment as a member unless the Minister is satisfied that the person has appropriate skills or experience, or significant standing, in one or more of the following fields:\n    (a) public administration in relation to health, welfare or housing;\n    (b) education;\n    (c) Aboriginal and Torres Strait Islander health and welfare;\n    (d) data and data standards;\n    (e) statistics and statistical methods;\n    (f) performance measurement and reporting;\n    (g) financial management;\n    (h) corporate management;\n    (i) consumer interests;\n    (j) law.\n\n#### 11A Term of appointment\n\n  A member holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n> Note: A member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 11B Acting appointments\n\n  (1) The Deputy Chair is to act as the Chair:\n    (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n  (2) The Minister may, by written instrument, appoint a member to act as the Deputy Chair:\n    (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Deputy Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n  (3) The Minister may, by written instrument, appoint a person to act as a member (other than the Chair or the Deputy Chair):\n    (a) during a vacancy in the office of a member (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when a member:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n#### 12 Remuneration\n\n  (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.\n  (2) A member is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 12A Leave of absence\n\n  The Minister may grant a member leave of absence on such terms and conditions as to remuneration or otherwise as the Minister determines.\n\n#### 12B Outside employment\n\n  (1) A member must not engage in any paid work that conflicts or could conflict with the proper performance of the member’s duties.\n  (2) Subsection (1) does not apply to a member who is an official of a State or Territory agency.\n\n#### 12C Other terms and conditions\n\n  A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 13 Resignation\n\n  (1) A member may resign the member’s appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 13A Termination of appointment\n\n  (1) The Minister may terminate the appointment of a member:\n    (a) for misbehaviour; or\n    (b) if the member is unable to perform the duties of the member’s office because of physical or mental incapacity.\n  (2) The Minister may terminate the appointment of the member if:\n    (a) the member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with the member’s creditors; or\n    (iv) makes an assignment of the member’s remuneration for the benefit of the member’s creditors; or\n    (b) the member is absent, except on leave of absence, from 3 consecutive meetings of the Board; or\n    (c) the member engages in paid work that conflicts or could conflict with the proper performance of the member’s duties (see section 12B).\n\n> Note: The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 13B Disclosure of interests\n\n  Neither section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests), nor any rules made for the purposes of that section, apply to a member’s interest if:\n    (a) the member is an official of a State or Territory agency; and\n    (b) the member only has the interest by reason of being an official of the State or Territory agency.\n\n#### Subdivision D—Meetings of the Board\n\n#### 14 Convening of meetings\n\n  (1) The Board must meet at least once every 4 months.\n  (2) The Chair:\n    (a) may convene a meeting at any time; and\n    (b) must convene a meeting on receipt of a written request signed by at least 3 members.\n  (3) The Minister may convene such meetings of the Board as the Minister considers necessary.\n\n#### 14A Presiding at meetings\n\n  (1) The Chair must preside at all meetings of the Board at which the Chair is present.\n  (2) If the Chair is not present at a meeting of the Board, the Deputy Chair must preside.\n\n#### 14B Quorum\n\n  (1) At a meeting of the Board, a quorum is constituted by a majority of members, which must include the Chair or the Deputy Chair.\n  (2) However, if:\n    (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n    (b) when the member leaves the meeting concerned there is no longer a quorum present;\n  the remaining members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.\n\n#### 15 Voting at meetings\n\n  (1) A question arising at a meeting of the Board is to be determined by a majority of the votes of the members present and voting.\n  (2) The person presiding at a meeting of the Board has a deliberative vote and, if the votes are equal, a casting vote.\n\n#### 15A Conduct of meetings\n\n  Subject to this Act and the Public Governance, Performance and Accountability Act 2013, the Board may regulate the procedure of its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which members may participate in meetings.\n\n#### 15B Minutes\n\n  The Board must keep minutes of its meetings.\n\n#### 15C Decisions without meetings\n\n  (1) The Board is taken to have made a decision at a meeting if:\n    (a) without meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and\n    (b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and\n    (c) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n  (2) Subsection (1) applies only if the Board:\n    (a) has determined that it may make decisions of that kind without meeting; and\n    (b) has determined the method by which members are to indicate agreement with proposed decisions.\n  (3) For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.\n  (4) The Board must keep a record of decisions made in accordance with this section.\n\n### Division 3—Committees of Institute\n\n#### 16 Committees\n\n  (1) The Institute shall appoint a committee to be known as the Australian Institute of Health and Welfare Ethics Committee.\n  (2) The functions and composition of the Ethics Committee shall be as prescribed.\n  (3) Regulations for the purpose of subsection (2) must not be inconsistent with recommendations of the CEO of the National Health and Medical Research Council.\n  (4) The Institute may appoint such other committees as it thinks fit to assist it in performing its functions.\n  (5) The functions and composition of a committee appointed under subsection (4) shall be as determined from time to time in writing by the Institute.\n  (6) The succeeding subsections of this section apply in relation to a committee appointed under subsection (1) or (4).\n  (7) The members of a committee may include members of the Board.\n  (8) A member of a committee holds office for such period as is specified in the instrument of appointment.\n  (9) A member of a committee may resign by instrument in writing delivered to the Institute.\n  (10) Except where the Minister otherwise directs in writing, a member of a committee shall be paid such remuneration as is determined by the Remuneration Tribunal.\n  (11) A member of a committee (other than a member of the Board) shall be paid such allowances as are prescribed.\n  (12) Subsections (9) and (10) have effect subject to the Remuneration Tribunal Act 1973.\n  (13) A member of a committee must disclose at a meeting of the committee any pecuniary or other interest:\n    (a) that the member has directly or indirectly in a matter being considered, or about to be considered by the committee; and\n    (b) that would conflict with the proper performance of the member’s functions in relation to the consideration of the matter.\n  The member must make the disclosure as soon as practicable after he or she knows of the relevant facts.\n  (14) The disclosure must be recorded in the minutes of the meeting.\n  (15) Subsection (13) does not apply to an interest held by a member of the Board who is an official of a State or Territory agency, merely because the member is an official of the State or Territory agency.\n\n### Division 4—Chief Executive Officer of Institute\n\n#### 17 Chief Executive Officer\n\n  There is to be a Chief Executive Officer of the Institute.\n\n#### 17A Functions of the CEO\n\n  (1) The CEO is responsible for the day‑to‑day administration of the Institute.\n  (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of the CEO’s duties.\n  (3) All acts and things done in the name of, or on behalf of, the Institute by the CEO shall be deemed to have been done by the Institute.\n  (4) The CEO is to act in accordance with policies and strategies determined by the Board.\n  Board directions\n  (5) The Board may give written directions to the CEO about the performance of the CEO’s functions.\n  (6) The CEO must comply with a direction under subsection (5).\n  (7) A direction under subsection (5) is not a legislative instrument.\n\n#### 17B Appointment\n\n  The CEO is to be appointed by the Board by written instrument.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 17C Term of appointment\n\n  The CEO holds office on a full‑time basis for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n#### 17D Acting appointments\n\n  The Board may, by written instrument, appoint a person to act as the CEO:\n    (a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n#### 18 Remuneration\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18A Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Board may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Board determines.\n\n#### 18B Outside employment\n\n  The CEO must not engage in paid work outside the duties of the CEO’s office without the Board’s approval.\n\n#### 18C Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board.\n\n#### 18D Resignation\n\n  (1) The CEO may resign the CEO’s appointment by giving the Board a written resignation.\n  (2) The resignation takes effect on the day it is received by the Board or, if a later day is specified in the resignation, on that later day.\n\n#### 18E Termination of appointment\n\n  (1) The Board may terminate the appointment of the CEO:\n    (a) for misbehaviour; or\n    (b) if the CEO is unable to perform the duties of the CEO’s office because of physical or mental incapacity.\n  (2) The Board may terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with the CEO’s creditors; or\n    (iv) makes an assignment of the CEO’s remuneration for the benefit of the CEO’s creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Board’s approval, in paid work outside the duties of the CEO’s office (see section 18B).\n\n> Note: The appointment of the CEO may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 18F Certain decisions of the Board\n\n  The CEO must not be present during any deliberation, or take part in any decision, of the Board under this Division.\n\n### Division 5—Staff\n\n#### 19 Staff\n\n  (1) The staff required for the purposes of this Act shall be:\n    (a) persons engaged under the Public Service Act 1999; and\n    (b) persons appointed or employed by the Institute.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n  (3) The Institute may engage as advisers or consultants persons having suitable qualifications and experience.\n  (4) The terms and conditions of appointment or employment of members of the staff referred to in paragraph (1)(b) are such as are determined by the Institute.\n  (5) The terms and conditions of engagement of advisers or consultants are such as are determined by the Institute.\n\n## Part III—Finance\n\n#### 20 Money to be appropriated by Parliament\n\n  (1) There is payable to the Institute such money as is appropriated by the Parliament for the purposes of the Institute.\n  (2) The Finance Minister may give directions as to the means in which, and the times at which, money referred to in subsection (1) is to be paid to the Institute.\n\n#### 22 Money of Institute\n\n  (1) The money of the Institute consists of:\n    (a) money paid to the Institute under an appropriation; and\n    (b) any other money, other than trust money, paid to the Institute.\n  (2) The money of the Institute shall be applied only:\n    (a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Institute in the performance of its functions and the exercise of its powers;\n    (b) in payment of remuneration and allowances payable under this Act; and\n    (c) in making any other payments required or permitted to be made by the Institute.\n  (3) Subsection (2) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Institute.\n\n#### 23 Contracts\n\n  The Institute must not enter into a lease of land for a period of 10 years or more without the written approval of the Minister.\n\n#### 24 Annual report\n\n  The annual report prepared by the members and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:\n    (a) particulars of each direction given under subsection 7(1) that is applicable to the period; or\n    (b) if the Board considers those particulars contain information concerning a person or are of a confidential nature—a statement that a direction under that subsection was given.\n\n#### 25 Trust money and trust property\n\n  The Institute:\n    (a) shall pay trust money into an account or accounts containing no money other than trust money;\n    (b) shall apply or deal with trust money and trust property only in accordance with the powers and duties of the Institute as trustee; and\n    (c) may only invest trust money:\n    (i) in any manner in which the Institute is authorised to invest the money by the terms of the trust; or\n    (ii) in any manner in which trust money may be lawfully invested.\n\n#### 26 Exemption from taxation\n\n  The income, property and transactions of the Institute are not subject to taxation under any law of the Commonwealth or of a State or Territory.\n\n## Part IV—Miscellaneous\n\n#### 27 Delegation by Institute\n\n  (1) The Institute may, either generally or as otherwise provided by the instrument of delegation, by writing under its common seal:\n    (a) delegate to a member;\n    (b) delegate to a member of the staff of the Institute; and\n    (c) with the approval of the Minister—delegate to any other person or body;\n  all or any of the Institute’s powers or functions under this Act, other than this power of delegation.\n  (2) A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Institute.\n  (3) A delegation does not prevent the exercise of a power or performance of a function by the Institute.\n\n#### 28 Delegation by the CEO\n\n  (1) The CEO may, in writing, delegate all or any of the CEO’s functions or powers under this Act to:\n    (a) a member of the staff of the Institute; or\n    (b) with the written approval of the Board—any other person or body.\n  (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the CEO.\n\n#### 29 Confidentiality\n\n  (1) Subject to this section, a person (in this subsection called the informed person) who has:\n    (a) any information concerning another person (which person is in this section called an information subject), being information acquired by the informed person because of:\n    (i) holding an office, engagement or appointment, or being employed, under this Act;\n    (ii) performing a duty or function, or exercising a power, under or in connection with this Act; or\n    (iii) doing any act or thing under an agreement or arrangement entered into by the Institute; or\n    (b) any document relating to another person (which person is in this section also called an information subject), being a document furnished for the purposes of this Act;\n  shall not, except for the purposes of this Act, either directly or indirectly:\n    (c) make a record of any of that information or divulge or communicate any of that information to any person (including an information subject);\n    (d) produce that document to any person (including an information subject); or\n    (e) be required to divulge or communicate any of that information to a court or to produce that document in a court.\n\nPenalty: Imprisonment for 12 months or 20 penalty units, or both.\n\n  (2) Subject to subsections (2A) and (2B), nothing in this section prohibits:\n    (a) a person from divulging or communicating information, or producing a document, to the Minister if it does not identify an information subject;\n    (b) a person from divulging or communicating information, or producing a document, to a person specified in writing by the person (in this subsection called the information provider) who divulged or communicated the information, or produced the document, directly to the Institute;\n    (c) a person from divulging or communicating information, or producing a document, to a person specified in writing by the Ethics Committee if to do so is not contrary to the written terms and conditions (if any) upon which the information provider divulged or communicated the information, or produced the document, directly to the Institute; or\n    (d) the publication of conclusions based on statistics derived from, or of particulars of procedures used in, the work of the Institute, if:\n    (i) to do so is not contrary to the written terms and conditions (if any) upon which an information provider divulged or communicated information relevant to the publication, or produced a document relevant to the publication, directly to the Institute; and\n    (ii) the publication does not identify the information subject.\n  (2A) Paragraph (2)(c) applies only to information that is health‑related or welfare‑related information and statistics.\n  (2B) Paragraph (2)(c) applies to a document only to the extent to which the document contains health‑related or welfare‑related information and statistics.\n  (3) A person to whom information is divulged or communicated, or a document is produced, under paragraph (2)(a), (b) or (c), and any person under the control of that person is, in respect of that information or document, subject to subsection (1) as if the person were a person exercising powers, or performing duties or functions, under this Act and had acquired the information or document in the exercise of those powers or the performance of those duties or functions.\n  (4) In this section:\n    (a) court includes any tribunal, authority or person having power to require the production of documents or the answering of questions;\n    (b) person includes a body or association of persons, whether incorporated or not, and also includes:\n    (i) in the case of an information provider—a body politic; or\n    (ii) in the case of an information subject—a deceased person;\n    (c) produce includes permit access to;\n    (d) publication, in relation to conclusions, statistics or particulars, includes:\n    (i) the divulging or communication to a court of the conclusions, statistics or particulars; and\n    (ii) the production to a court of a document containing the conclusions, statistics or particulars; and\n    (e) a reference to information concerning a person includes:\n    (i) a reference to information as to the whereabouts, existence or non‑existence of a document concerning a person; and\n    (ii) a reference to information identifying a person or body providing information concerning a person.\n\n#### 30 Restricted application of the Epidemiological Studies (Confidentiality) Act 1981\n\n  (1) The Epidemiological Studies (Confidentiality) Act 1981 (in this section called the Confidentiality Act) does not apply to anything done in the exercise of a power or performance of a function under this Act.\n  (2) Notwithstanding the Confidentiality Act, a person who has assisted, or is assisting in, the conduct of a prescribed study or an epidemiological study may, at the written request of the Institute:\n    (a) communicate to the Institute any information acquired by the person because of having assisted, or assisting, in the conduct of that study; and\n    (b) give the Institute access to documents prepared or obtained in the conduct of that study.\n  (3) It is a defence to a prosecution under the Confidentiality Act if it is established that the information was communicated or access to a document was given, as the case may be, in accordance with a written request by the Institute.\n  (4) In this section:\n    (a) epidemiological study has the same meaning as in the Confidentiality Act; and\n    (b) prescribed study has the same meaning as in the Confidentiality Act.\n\n#### 31 Periodical reports\n\n  (1) The Institute shall prepare and, as soon as practicable, and in any event within 6 months:\n    (a) after 31 December 1987—shall submit to the Minister a health report for the period commencing on the commencement of this Act and ending on that date; and\n    (b) after 31 December 1989 and every second 31 December thereafter—shall submit to the Minister a health report for the 2 year period ending on that 31 December.\n  (1A) The Institute must submit to the Minister:\n    (a) as soon as practicable after (and in any event within 6 months of) 30 June 1993, a welfare report prepared by the Institute for the period:\n    (i) beginning on the day on which the Australian Institute of Health Amendment Act 1992 commences; and\n    (ii) ending on 30 June 1993; and\n    (b) as soon as practicable after (and in any event within 6 months of) 30 June 1995 and every second 30 June thereafter, a welfare report for the 2 year period ending on that 30 June.\n  (2) The Institute may at any time submit to the Minister:\n    (a) a health or welfare report for any period; or\n    (b) a report in respect of any matter relating to the exercise of the powers, or the performance of the functions, of the Institute or its committees under this Act.\n  (3) A health report shall provide:\n    (a) statistics and related information concerning the health of the people of Australia; and\n    (b) an outline of the development of health‑related information and statistics by the Institute, whether by itself or in association with other persons or bodies;\n  during the period to which the report relates.\n  (3A) A welfare report must provide:\n    (a) statistics and related information concerning the provision of welfare services to the Australian people; and\n    (b) an outline of the development of welfare‑related information and statistics by the Institute, whether by itself or in association with other persons or bodies;\n  during the period to which the report relates.\n  (4) The Minister shall cause a copy of a report submitted under subsection (1) or (1A) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.\n  (5) The Minister may cause a copy of a report submitted under subsection (2) to be laid before each House of the Parliament.\n\n#### 32 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters required or permitted by this Act to be prescribed.","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Establishment of the Board","content":"#### 8 Establishment of the Board\n\n  The Board of the Institute is established by this section.","sortOrder":13},{"sectionNumber":"8A","sectionType":"section","heading":"Functions of the Board","content":"#### 8A Functions of the Board\n\n  (1) The functions of the Board are:\n    (a) to ensure the proper, efficient and effective performance of the Institute’s functions; and\n    (b) any other functions conferred on the Board by this Act.\n  (2) The Board has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n  (3) Anything done in the name of, or on behalf of, the Institute by the Board, or with the authority of the Board, is taken to have been done by the Institute.","sortOrder":14},{"sectionNumber":"Subdivision B","sectionType":"subdivision","heading":"Membership of the Board","content":"An Act to establish an Australian Institute of Health and Welfare, and for related purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Institute of Health and Welfare Act 1987.\n\n#### 2 Commencement\n\n  This Act shall come into operation on a day to be fixed by Proclamation.\n\n#### 2A Simplified outline of this Act\n\nThis Act establishes the Australian Institute of Health and Welfare.\n\nThe main functions of the Institute are the following:\n\n(a) to collect and produce information and statistics relating to health and welfare;\n\n(b) to coordinate and provide assistance for the collection and production of information and statistics relating to health and welfare by other bodies or persons;\n\n(c) to conduct and promote research into the health of the people of Australia and their health services;\n\n(d) to publish reports on work carried out by or in association with the Institute;\n\n(e) to make recommendations to the Minister on the prevention and treatment of diseases and the improvement and promotion of the health and health awareness of the people of Australia.\n\nThe Institute must perform its functions and exercise its powers in accordance with directions given by the Minister.\n\nThis Act also establishes the Board of the Institute. The Board’s main functions are to ensure the proper, efficient and effective performance of the Institute’s functions.\n\nThere is to be a Chief Executive Officer of the Institute. The CEO is responsible for the day‑to‑day administration of the Institute.\n\nThere is to be an Australian Institute of Health and Welfare Ethics Committee. The Institute may appoint other committees to assist the Institute in performing its functions.\n\nThis Act also deals with miscellaneous matters, including delegations, confidentiality and the power to make regulations.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Board means the Board of the Institute.\n\n> CEO means the Chief Executive Officer of the Institute.\n\n> Chair means the Chair of the Board.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> Ethics Committee means the Australian Institute of Health and Welfare Ethics Committee.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> health‑related information and statistics means information and statistics collected and produced from data relevant to health or health services.\n\n> Institute means the Australian Institute of Health and Welfare.\n\n> member means a member of the Board, and includes the Chair and the Deputy Chair.\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> production means compilation, analysis and dissemination.\n\n> State Health Minister means:\n\n    (a) the Minister of the Crown for a State;\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to health in the State, the Australian Capital Territory or the Northern Territory, as the case may be.\n\n> State Housing Minister means:\n\n    (a) the Minister of the Crown for a State; or\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to housing in the State or Territory, as the case may be.\n\n> State or Territory agency means:\n\n    (a) a Department of a State or Territory; or\n    (b) a body (whether incorporated or not) established for a public purpose by or under a law of a State or Territory.\n\n> State Welfare Minister means:\n\n    (a) the Minister of the Crown for a State; or\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to welfare in the State or Territory, as the case may be.\n\n> trust money means money received or held by the Institute on trust.\n\n> trust property means property received or held by the Institute on trust.\n\n> welfare‑related information and statistics means information and statistics collected and produced from data relevant to the provision of welfare services.\n\n> welfare services includes:\n\n    (a) aged care services; and\n    (b) child care services (including services designed to encourage or support participation by parents in educational courses, training and the labour force); and\n    (c) services for people with disabilities; and\n    (d) housing assistance (including programs designed to provide access to secure housing in the long term and programs to provide access to crisis accommodation in the short term); and\n    (e) child welfare services (including, in particular, child protection and substitute care services); and\n    (f) other community services.\n\n## Part II—Australian Institute of Health and Welfare\n\n### Division 1—Establishment, functions and powers of Institute\n\n#### 4 Establishment of Institute\n\n  (1) There is hereby established a body to be known as the Australian Institute of Health and Welfare.\n  (2) The Institute:\n    (a) is a body corporate with perpetual succession;\n    (b) shall have a common seal; and\n    (c) may sue and be sued in its corporate name.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Institute. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the common seal of the Institute affixed to a document and shall presume that it was duly affixed.\n\n#### 5 Functions of the Institute\n\n  Institute to have health‑related and welfare‑related functions\n  (1AA) The functions of the Institute are:\n    (a) the health‑related functions conferred by subsection (1); and\n    (b) the welfare‑related functions conferred by subsection (1A).\n  Health‑related functions\n  (1) The Institute’s health‑related functions are:\n    (a) to collect health‑related information and statistics, in consultation with the Australian Bureau of Statistics if necessary, whether by the Institute itself or in association with other bodies or persons;\n    (b) to produce health‑related information and statistics, whether by itself or in association with other bodies or persons;\n    (c) to co‑ordinate the collection and production of health‑related information and statistics by other bodies or persons;\n    (d) to provide assistance, including financial assistance, for the collection and production of health‑related information and statistics by other bodies or persons;\n    (e) to develop methods and undertake studies designed to assess the provision, use, cost and effectiveness of health services and health technologies;\n    (f) to conduct and promote research into the health of the people of Australia and their health services;\n    (g) to develop, in consultation with the Australian Bureau of Statistics, specialised statistical standards and classifications relevant to health and health services, and advise the Bureau on the data to be used by it for the purposes of health‑related statistics;\n    (h) subject to section 29, to enable researchers to have access to health‑related information and statistics held by the Institute or by bodies or persons with whom contracts or arrangements have been entered into by the Institute;\n    (j) to publish methodological and substantive reports on work carried out by or in association with the Institute under this subsection;\n    (k) to make recommendations to the Minister on the prevention and treatment of diseases and the improvement and promotion of the health and health awareness of the people of Australia; and\n    (m) to do anything incidental to any of the foregoing.\n  Welfare‑related functions\n  (1A) The Institute’s welfare‑related functions are:\n    (a) to collect welfare‑related information and statistics, in consultation with the Australian Bureau of Statistics if necessary, whether by the Institute itself or in association with other bodies or persons; and\n    (b) to produce welfare‑related information and statistics (whether by itself or in association with other bodies or persons); and\n    (c) to co‑ordinate the collection and production of welfare‑related information and statistics by other bodies or persons; and\n    (d) to provide assistance (including financial assistance) for the collection and production of welfare‑related information and statistics by other bodies or persons; and\n    (e) to develop, in consultation with the Australian Bureau of Statistics, specialised statistical standards and classifications relevant to welfare services; and\n    (f) subject to section 29, to enable researchers to have access to welfare‑related information and statistics held by the Institute or by bodies or persons with whom contracts or arrangements have been entered into by the Institute; and\n    (g) to publish methodological and substantive reports on work carried out by or in association with the Institute under this subsection; and\n    (h) to do anything incidental to the functions conferred by paragraphs (a) to (g).\n  Functions of Australian Bureau of Statistics not limited by this section\n  (3) This section is not intended to limit the functions of the Australian Bureau of Statistics.\n\n#### 6 Powers of Institute\n\n  The Institute has power to do all things necessary or convenient to be done for or in connection with the performance of its functions and, in particular, has power:\n    (a) to enter into contracts or arrangements, including contracts or arrangements with bodies or persons to perform functions on behalf of the Institute;\n    (b) to acquire, hold and dispose of real or personal property;\n    (c) to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Institute;\n    (d) to appoint agents and attorneys and act as an agent for other persons;\n    (e) to accept gifts, grants, devises and bequests made to the Institute, whether on trust or otherwise, and to act as trustee of money or other property vested in the Institute on trust;\n    (f) subject to section 29, to:\n    (i) release data to other bodies or persons; and\n    (ii) publish the results of any of its work; and\n    (g) to do anything incidental to any of its powers.\n\n#### 7 Directions by Minister\n\n  (1) The Minister may, by notifiable instrument, give a direction to the Institute with respect to the performance of its functions or the exercise of its powers.\n  (1A) The Minister must consult the Chair before giving any direction to the Institute.\n  (1B) The Minister must consult each State Health Minister before giving the direction if the direction relates to the Institute’s health‑related functions.\n  (1C) The Minister must consult each State Welfare Minister before giving the direction if the direction:\n    (a) relates to the Institute’s welfare‑related functions; and\n    (b) does not concern housing matters.\n  (1D) The Minister must consult each State Housing Minister before giving the direction if the direction:\n    (a) relates to the Institute’s welfare‑related functions; and\n    (b) concerns housing matters.\n  (1E) The Minister must cause a copy of any direction given under subsection (1) to be delivered, in writing, to the Chair as soon as practicable.\n  (1F) A failure to comply with subsection (1E) does not affect the validity of the direction.\n  (2) The Institute shall comply with any direction given under subsection (1).\n  (3) This section does not affect the application, in relation to the Institute, of section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities).\n\n### Division 2—Board of the Institute\n\n#### Subdivision A—Establishment and functions of the Board\n\n#### 8 Establishment of the Board\n\n  The Board of the Institute is established by this section.\n\n#### 8A Functions of the Board\n\n  (1) The functions of the Board are:\n    (a) to ensure the proper, efficient and effective performance of the Institute’s functions; and\n    (b) any other functions conferred on the Board by this Act.\n  (2) The Board has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n  (3) Anything done in the name of, or on behalf of, the Institute by the Board, or with the authority of the Board, is taken to have been done by the Institute.\n\n#### Subdivision B—Membership of the Board\n\n#### 9 Membership\n\n  The Board consists of the following members:\n    (a) the Chair;\n    (b) the Deputy Chair;\n    (c) the CEO;\n    (d) not more than 3 members nominated by State Health Ministers;\n    (e) not more than 6 other members.\n\n#### Subdivision C—Members of the Board\n\n#### 10 Application of this Subdivision\n\n  This Subdivision applies to members other than the CEO.\n\n> Note: Division 4 deals with the office of the CEO.\n\n#### 11 Appointment of members\n\n  Members\n  (1) A member is to be appointed by the Minister by written instrument, on a part‑time basis.\n  Chair and Deputy Chair\n  (2) The Minister must appoint one member to be the Chair and another member to be the Deputy Chair.\n  Eligibility for appointment\n  (3) A person is not eligible for appointment as a member unless the Minister is satisfied that the person has appropriate skills or experience, or significant standing, in one or more of the following fields:\n    (a) public administration in relation to health, welfare or housing;\n    (b) education;\n    (c) Aboriginal and Torres Strait Islander health and welfare;\n    (d) data and data standards;\n    (e) statistics and statistical methods;\n    (f) performance measurement and reporting;\n    (g) financial management;\n    (h) corporate management;\n    (i) consumer interests;\n    (j) law.\n\n#### 11A Term of appointment\n\n  A member holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n> Note: A member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 11B Acting appointments\n\n  (1) The Deputy Chair is to act as the Chair:\n    (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n  (2) The Minister may, by written instrument, appoint a member to act as the Deputy Chair:\n    (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Deputy Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n  (3) The Minister may, by written instrument, appoint a person to act as a member (other than the Chair or the Deputy Chair):\n    (a) during a vacancy in the office of a member (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when a member:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n#### 12 Remuneration\n\n  (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.\n  (2) A member is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 12A Leave of absence\n\n  The Minister may grant a member leave of absence on such terms and conditions as to remuneration or otherwise as the Minister determines.\n\n#### 12B Outside employment\n\n  (1) A member must not engage in any paid work that conflicts or could conflict with the proper performance of the member’s duties.\n  (2) Subsection (1) does not apply to a member who is an official of a State or Territory agency.\n\n#### 12C Other terms and conditions\n\n  A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 13 Resignation\n\n  (1) A member may resign the member’s appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 13A Termination of appointment\n\n  (1) The Minister may terminate the appointment of a member:\n    (a) for misbehaviour; or\n    (b) if the member is unable to perform the duties of the member’s office because of physical or mental incapacity.\n  (2) The Minister may terminate the appointment of the member if:\n    (a) the member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with the member’s creditors; or\n    (iv) makes an assignment of the member’s remuneration for the benefit of the member’s creditors; or\n    (b) the member is absent, except on leave of absence, from 3 consecutive meetings of the Board; or\n    (c) the member engages in paid work that conflicts or could conflict with the proper performance of the member’s duties (see section 12B).\n\n> Note: The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 13B Disclosure of interests\n\n  Neither section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests), nor any rules made for the purposes of that section, apply to a member’s interest if:\n    (a) the member is an official of a State or Territory agency; and\n    (b) the member only has the interest by reason of being an official of the State or Territory agency.\n\n#### Subdivision D—Meetings of the Board\n\n#### 14 Convening of meetings\n\n  (1) The Board must meet at least once every 4 months.\n  (2) The Chair:\n    (a) may convene a meeting at any time; and\n    (b) must convene a meeting on receipt of a written request signed by at least 3 members.\n  (3) The Minister may convene such meetings of the Board as the Minister considers necessary.\n\n#### 14A Presiding at meetings\n\n  (1) The Chair must preside at all meetings of the Board at which the Chair is present.\n  (2) If the Chair is not present at a meeting of the Board, the Deputy Chair must preside.\n\n#### 14B Quorum\n\n  (1) At a meeting of the Board, a quorum is constituted by a majority of members, which must include the Chair or the Deputy Chair.\n  (2) However, if:\n    (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n    (b) when the member leaves the meeting concerned there is no longer a quorum present;\n  the remaining members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.\n\n#### 15 Voting at meetings\n\n  (1) A question arising at a meeting of the Board is to be determined by a majority of the votes of the members present and voting.\n  (2) The person presiding at a meeting of the Board has a deliberative vote and, if the votes are equal, a casting vote.\n\n#### 15A Conduct of meetings\n\n  Subject to this Act and the Public Governance, Performance and Accountability Act 2013, the Board may regulate the procedure of its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which members may participate in meetings.\n\n#### 15B Minutes\n\n  The Board must keep minutes of its meetings.\n\n#### 15C Decisions without meetings\n\n  (1) The Board is taken to have made a decision at a meeting if:\n    (a) without meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and\n    (b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and\n    (c) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n  (2) Subsection (1) applies only if the Board:\n    (a) has determined that it may make decisions of that kind without meeting; and\n    (b) has determined the method by which members are to indicate agreement with proposed decisions.\n  (3) For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.\n  (4) The Board must keep a record of decisions made in accordance with this section.\n\n### Division 3—Committees of Institute\n\n#### 16 Committees\n\n  (1) The Institute shall appoint a committee to be known as the Australian Institute of Health and Welfare Ethics Committee.\n  (2) The functions and composition of the Ethics Committee shall be as prescribed.\n  (3) Regulations for the purpose of subsection (2) must not be inconsistent with recommendations of the CEO of the National Health and Medical Research Council.\n  (4) The Institute may appoint such other committees as it thinks fit to assist it in performing its functions.\n  (5) The functions and composition of a committee appointed under subsection (4) shall be as determined from time to time in writing by the Institute.\n  (6) The succeeding subsections of this section apply in relation to a committee appointed under subsection (1) or (4).\n  (7) The members of a committee may include members of the Board.\n  (8) A member of a committee holds office for such period as is specified in the instrument of appointment.\n  (9) A member of a committee may resign by instrument in writing delivered to the Institute.\n  (10) Except where the Minister otherwise directs in writing, a member of a committee shall be paid such remuneration as is determined by the Remuneration Tribunal.\n  (11) A member of a committee (other than a member of the Board) shall be paid such allowances as are prescribed.\n  (12) Subsections (9) and (10) have effect subject to the Remuneration Tribunal Act 1973.\n  (13) A member of a committee must disclose at a meeting of the committee any pecuniary or other interest:\n    (a) that the member has directly or indirectly in a matter being considered, or about to be considered by the committee; and\n    (b) that would conflict with the proper performance of the member’s functions in relation to the consideration of the matter.\n  The member must make the disclosure as soon as practicable after he or she knows of the relevant facts.\n  (14) The disclosure must be recorded in the minutes of the meeting.\n  (15) Subsection (13) does not apply to an interest held by a member of the Board who is an official of a State or Territory agency, merely because the member is an official of the State or Territory agency.\n\n### Division 4—Chief Executive Officer of Institute\n\n#### 17 Chief Executive Officer\n\n  There is to be a Chief Executive Officer of the Institute.\n\n#### 17A Functions of the CEO\n\n  (1) The CEO is responsible for the day‑to‑day administration of the Institute.\n  (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of the CEO’s duties.\n  (3) All acts and things done in the name of, or on behalf of, the Institute by the CEO shall be deemed to have been done by the Institute.\n  (4) The CEO is to act in accordance with policies and strategies determined by the Board.\n  Board directions\n  (5) The Board may give written directions to the CEO about the performance of the CEO’s functions.\n  (6) The CEO must comply with a direction under subsection (5).\n  (7) A direction under subsection (5) is not a legislative instrument.\n\n#### 17B Appointment\n\n  The CEO is to be appointed by the Board by written instrument.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 17C Term of appointment\n\n  The CEO holds office on a full‑time basis for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n#### 17D Acting appointments\n\n  The Board may, by written instrument, appoint a person to act as the CEO:\n    (a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n#### 18 Remuneration\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18A Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Board may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Board determines.\n\n#### 18B Outside employment\n\n  The CEO must not engage in paid work outside the duties of the CEO’s office without the Board’s approval.\n\n#### 18C Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board.\n\n#### 18D Resignation\n\n  (1) The CEO may resign the CEO’s appointment by giving the Board a written resignation.\n  (2) The resignation takes effect on the day it is received by the Board or, if a later day is specified in the resignation, on that later day.\n\n#### 18E Termination of appointment\n\n  (1) The Board may terminate the appointment of the CEO:\n    (a) for misbehaviour; or\n    (b) if the CEO is unable to perform the duties of the CEO’s office because of physical or mental incapacity.\n  (2) The Board may terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with the CEO’s creditors; or\n    (iv) makes an assignment of the CEO’s remuneration for the benefit of the CEO’s creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Board’s approval, in paid work outside the duties of the CEO’s office (see section 18B).\n\n> Note: The appointment of the CEO may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 18F Certain decisions of the Board\n\n  The CEO must not be present during any deliberation, or take part in any decision, of the Board under this Division.\n\n### Division 5—Staff\n\n#### 19 Staff\n\n  (1) The staff required for the purposes of this Act shall be:\n    (a) persons engaged under the Public Service Act 1999; and\n    (b) persons appointed or employed by the Institute.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n  (3) The Institute may engage as advisers or consultants persons having suitable qualifications and experience.\n  (4) The terms and conditions of appointment or employment of members of the staff referred to in paragraph (1)(b) are such as are determined by the Institute.\n  (5) The terms and conditions of engagement of advisers or consultants are such as are determined by the Institute.\n\n## Part III—Finance\n\n#### 20 Money to be appropriated by Parliament\n\n  (1) There is payable to the Institute such money as is appropriated by the Parliament for the purposes of the Institute.\n  (2) The Finance Minister may give directions as to the means in which, and the times at which, money referred to in subsection (1) is to be paid to the Institute.\n\n#### 22 Money of Institute\n\n  (1) The money of the Institute consists of:\n    (a) money paid to the Institute under an appropriation; and\n    (b) any other money, other than trust money, paid to the Institute.\n  (2) The money of the Institute shall be applied only:\n    (a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Institute in the performance of its functions and the exercise of its powers;\n    (b) in payment of remuneration and allowances payable under this Act; and\n    (c) in making any other payments required or permitted to be made by the Institute.\n  (3) Subsection (2) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Institute.\n\n#### 23 Contracts\n\n  The Institute must not enter into a lease of land for a period of 10 years or more without the written approval of the Minister.\n\n#### 24 Annual report\n\n  The annual report prepared by the members and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:\n    (a) particulars of each direction given under subsection 7(1) that is applicable to the period; or\n    (b) if the Board considers those particulars contain information concerning a person or are of a confidential nature—a statement that a direction under that subsection was given.\n\n#### 25 Trust money and trust property\n\n  The Institute:\n    (a) shall pay trust money into an account or accounts containing no money other than trust money;\n    (b) shall apply or deal with trust money and trust property only in accordance with the powers and duties of the Institute as trustee; and\n    (c) may only invest trust money:\n    (i) in any manner in which the Institute is authorised to invest the money by the terms of the trust; or\n    (ii) in any manner in which trust money may be lawfully invested.\n\n#### 26 Exemption from taxation\n\n  The income, property and transactions of the Institute are not subject to taxation under any law of the Commonwealth or of a State or Territory.\n\n## Part IV—Miscellaneous\n\n#### 27 Delegation by Institute\n\n  (1) The Institute may, either generally or as otherwise provided by the instrument of delegation, by writing under its common seal:\n    (a) delegate to a member;\n    (b) delegate to a member of the staff of the Institute; and\n    (c) with the approval of the Minister—delegate to any other person or body;\n  all or any of the Institute’s powers or functions under this Act, other than this power of delegation.\n  (2) A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Institute.\n  (3) A delegation does not prevent the exercise of a power or performance of a function by the Institute.\n\n#### 28 Delegation by the CEO\n\n  (1) The CEO may, in writing, delegate all or any of the CEO’s functions or powers under this Act to:\n    (a) a member of the staff of the Institute; or\n    (b) with the written approval of the Board—any other person or body.\n  (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the CEO.\n\n#### 29 Confidentiality\n\n  (1) Subject to this section, a person (in this subsection called the informed person) who has:\n    (a) any information concerning another person (which person is in this section called an information subject), being information acquired by the informed person because of:\n    (i) holding an office, engagement or appointment, or being employed, under this Act;\n    (ii) performing a duty or function, or exercising a power, under or in connection with this Act; or\n    (iii) doing any act or thing under an agreement or arrangement entered into by the Institute; or\n    (b) any document relating to another person (which person is in this section also called an information subject), being a document furnished for the purposes of this Act;\n  shall not, except for the purposes of this Act, either directly or indirectly:\n    (c) make a record of any of that information or divulge or communicate any of that information to any person (including an information subject);\n    (d) produce that document to any person (including an information subject); or\n    (e) be required to divulge or communicate any of that information to a court or to produce that document in a court.\n\nPenalty: Imprisonment for 12 months or 20 penalty units, or both.\n\n  (2) Subject to subsections (2A) and (2B), nothing in this section prohibits:\n    (a) a person from divulging or communicating information, or producing a document, to the Minister if it does not identify an information subject;\n    (b) a person from divulging or communicating information, or producing a document, to a person specified in writing by the person (in this subsection called the information provider) who divulged or communicated the information, or produced the document, directly to the Institute;\n    (c) a person from divulging or communicating information, or producing a document, to a person specified in writing by the Ethics Committee if to do so is not contrary to the written terms and conditions (if any) upon which the information provider divulged or communicated the information, or produced the document, directly to the Institute; or\n    (d) the publication of conclusions based on statistics derived from, or of particulars of procedures used in, the work of the Institute, if:\n    (i) to do so is not contrary to the written terms and conditions (if any) upon which an information provider divulged or communicated information relevant to the publication, or produced a document relevant to the publication, directly to the Institute; and\n    (ii) the publication does not identify the information subject.\n  (2A) Paragraph (2)(c) applies only to information that is health‑related or welfare‑related information and statistics.\n  (2B) Paragraph (2)(c) applies to a document only to the extent to which the document contains health‑related or welfare‑related information and statistics.\n  (3) A person to whom information is divulged or communicated, or a document is produced, under paragraph (2)(a), (b) or (c), and any person under the control of that person is, in respect of that information or document, subject to subsection (1) as if the person were a person exercising powers, or performing duties or functions, under this Act and had acquired the information or document in the exercise of those powers or the performance of those duties or functions.\n  (4) In this section:\n    (a) court includes any tribunal, authority or person having power to require the production of documents or the answering of questions;\n    (b) person includes a body or association of persons, whether incorporated or not, and also includes:\n    (i) in the case of an information provider—a body politic; or\n    (ii) in the case of an information subject—a deceased person;\n    (c) produce includes permit access to;\n    (d) publication, in relation to conclusions, statistics or particulars, includes:\n    (i) the divulging or communication to a court of the conclusions, statistics or particulars; and\n    (ii) the production to a court of a document containing the conclusions, statistics or particulars; and\n    (e) a reference to information concerning a person includes:\n    (i) a reference to information as to the whereabouts, existence or non‑existence of a document concerning a person; and\n    (ii) a reference to information identifying a person or body providing information concerning a person.\n\n#### 30 Restricted application of the Epidemiological Studies (Confidentiality) Act 1981\n\n  (1) The Epidemiological Studies (Confidentiality) Act 1981 (in this section called the Confidentiality Act) does not apply to anything done in the exercise of a power or performance of a function under this Act.\n  (2) Notwithstanding the Confidentiality Act, a person who has assisted, or is assisting in, the conduct of a prescribed study or an epidemiological study may, at the written request of the Institute:\n    (a) communicate to the Institute any information acquired by the person because of having assisted, or assisting, in the conduct of that study; and\n    (b) give the Institute access to documents prepared or obtained in the conduct of that study.\n  (3) It is a defence to a prosecution under the Confidentiality Act if it is established that the information was communicated or access to a document was given, as the case may be, in accordance with a written request by the Institute.\n  (4) In this section:\n    (a) epidemiological study has the same meaning as in the Confidentiality Act; and\n    (b) prescribed study has the same meaning as in the Confidentiality Act.\n\n#### 31 Periodical reports\n\n  (1) The Institute shall prepare and, as soon as practicable, and in any event within 6 months:\n    (a) after 31 December 1987—shall submit to the Minister a health report for the period commencing on the commencement of this Act and ending on that date; and\n    (b) after 31 December 1989 and every second 31 December thereafter—shall submit to the Minister a health report for the 2 year period ending on that 31 December.\n  (1A) The Institute must submit to the Minister:\n    (a) as soon as practicable after (and in any event within 6 months of) 30 June 1993, a welfare report prepared by the Institute for the period:\n    (i) beginning on the day on which the Australian Institute of Health Amendment Act 1992 commences; and\n    (ii) ending on 30 June 1993; and\n    (b) as soon as practicable after (and in any event within 6 months of) 30 June 1995 and every second 30 June thereafter, a welfare report for the 2 year period ending on that 30 June.\n  (2) The Institute may at any time submit to the Minister:\n    (a) a health or welfare report for any period; or\n    (b) a report in respect of any matter relating to the exercise of the powers, or the performance of the functions, of the Institute or its committees under this Act.\n  (3) A health report shall provide:\n    (a) statistics and related information concerning the health of the people of Australia; and\n    (b) an outline of the development of health‑related information and statistics by the Institute, whether by itself or in association with other persons or bodies;\n  during the period to which the report relates.\n  (3A) A welfare report must provide:\n    (a) statistics and related information concerning the provision of welfare services to the Australian people; and\n    (b) an outline of the development of welfare‑related information and statistics by the Institute, whether by itself or in association with other persons or bodies;\n  during the period to which the report relates.\n  (4) The Minister shall cause a copy of a report submitted under subsection (1) or (1A) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.\n  (5) The Minister may cause a copy of a report submitted under subsection (2) to be laid before each House of the Parliament.\n\n#### 32 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters required or permitted by this Act to be prescribed.","sortOrder":15},{"sectionNumber":"9","sectionType":"section","heading":"Membership","content":"#### 9 Membership\n\n  The Board consists of the following members:\n    (a) the Chair;\n    (b) the Deputy Chair;\n    (c) the CEO;\n    (d) not more than 3 members nominated by State Health Ministers;\n    (e) not more than 6 other members.","sortOrder":16},{"sectionNumber":"Subdivision C","sectionType":"subdivision","heading":"Members of the Board","content":"An Act to establish an Australian Institute of Health and Welfare, and for related purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Institute of Health and Welfare Act 1987.\n\n#### 2 Commencement\n\n  This Act shall come into operation on a day to be fixed by Proclamation.\n\n#### 2A Simplified outline of this Act\n\nThis Act establishes the Australian Institute of Health and Welfare.\n\nThe main functions of the Institute are the following:\n\n(a) to collect and produce information and statistics relating to health and welfare;\n\n(b) to coordinate and provide assistance for the collection and production of information and statistics relating to health and welfare by other bodies or persons;\n\n(c) to conduct and promote research into the health of the people of Australia and their health services;\n\n(d) to publish reports on work carried out by or in association with the Institute;\n\n(e) to make recommendations to the Minister on the prevention and treatment of diseases and the improvement and promotion of the health and health awareness of the people of Australia.\n\nThe Institute must perform its functions and exercise its powers in accordance with directions given by the Minister.\n\nThis Act also establishes the Board of the Institute. The Board’s main functions are to ensure the proper, efficient and effective performance of the Institute’s functions.\n\nThere is to be a Chief Executive Officer of the Institute. The CEO is responsible for the day‑to‑day administration of the Institute.\n\nThere is to be an Australian Institute of Health and Welfare Ethics Committee. The Institute may appoint other committees to assist the Institute in performing its functions.\n\nThis Act also deals with miscellaneous matters, including delegations, confidentiality and the power to make regulations.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Board means the Board of the Institute.\n\n> CEO means the Chief Executive Officer of the Institute.\n\n> Chair means the Chair of the Board.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> Ethics Committee means the Australian Institute of Health and Welfare Ethics Committee.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> health‑related information and statistics means information and statistics collected and produced from data relevant to health or health services.\n\n> Institute means the Australian Institute of Health and Welfare.\n\n> member means a member of the Board, and includes the Chair and the Deputy Chair.\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> production means compilation, analysis and dissemination.\n\n> State Health Minister means:\n\n    (a) the Minister of the Crown for a State;\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to health in the State, the Australian Capital Territory or the Northern Territory, as the case may be.\n\n> State Housing Minister means:\n\n    (a) the Minister of the Crown for a State; or\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to housing in the State or Territory, as the case may be.\n\n> State or Territory agency means:\n\n    (a) a Department of a State or Territory; or\n    (b) a body (whether incorporated or not) established for a public purpose by or under a law of a State or Territory.\n\n> State Welfare Minister means:\n\n    (a) the Minister of the Crown for a State; or\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to welfare in the State or Territory, as the case may be.\n\n> trust money means money received or held by the Institute on trust.\n\n> trust property means property received or held by the Institute on trust.\n\n> welfare‑related information and statistics means information and statistics collected and produced from data relevant to the provision of welfare services.\n\n> welfare services includes:\n\n    (a) aged care services; and\n    (b) child care services (including services designed to encourage or support participation by parents in educational courses, training and the labour force); and\n    (c) services for people with disabilities; and\n    (d) housing assistance (including programs designed to provide access to secure housing in the long term and programs to provide access to crisis accommodation in the short term); and\n    (e) child welfare services (including, in particular, child protection and substitute care services); and\n    (f) other community services.\n\n## Part II—Australian Institute of Health and Welfare\n\n### Division 1—Establishment, functions and powers of Institute\n\n#### 4 Establishment of Institute\n\n  (1) There is hereby established a body to be known as the Australian Institute of Health and Welfare.\n  (2) The Institute:\n    (a) is a body corporate with perpetual succession;\n    (b) shall have a common seal; and\n    (c) may sue and be sued in its corporate name.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Institute. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the common seal of the Institute affixed to a document and shall presume that it was duly affixed.\n\n#### 5 Functions of the Institute\n\n  Institute to have health‑related and welfare‑related functions\n  (1AA) The functions of the Institute are:\n    (a) the health‑related functions conferred by subsection (1); and\n    (b) the welfare‑related functions conferred by subsection (1A).\n  Health‑related functions\n  (1) The Institute’s health‑related functions are:\n    (a) to collect health‑related information and statistics, in consultation with the Australian Bureau of Statistics if necessary, whether by the Institute itself or in association with other bodies or persons;\n    (b) to produce health‑related information and statistics, whether by itself or in association with other bodies or persons;\n    (c) to co‑ordinate the collection and production of health‑related information and statistics by other bodies or persons;\n    (d) to provide assistance, including financial assistance, for the collection and production of health‑related information and statistics by other bodies or persons;\n    (e) to develop methods and undertake studies designed to assess the provision, use, cost and effectiveness of health services and health technologies;\n    (f) to conduct and promote research into the health of the people of Australia and their health services;\n    (g) to develop, in consultation with the Australian Bureau of Statistics, specialised statistical standards and classifications relevant to health and health services, and advise the Bureau on the data to be used by it for the purposes of health‑related statistics;\n    (h) subject to section 29, to enable researchers to have access to health‑related information and statistics held by the Institute or by bodies or persons with whom contracts or arrangements have been entered into by the Institute;\n    (j) to publish methodological and substantive reports on work carried out by or in association with the Institute under this subsection;\n    (k) to make recommendations to the Minister on the prevention and treatment of diseases and the improvement and promotion of the health and health awareness of the people of Australia; and\n    (m) to do anything incidental to any of the foregoing.\n  Welfare‑related functions\n  (1A) The Institute’s welfare‑related functions are:\n    (a) to collect welfare‑related information and statistics, in consultation with the Australian Bureau of Statistics if necessary, whether by the Institute itself or in association with other bodies or persons; and\n    (b) to produce welfare‑related information and statistics (whether by itself or in association with other bodies or persons); and\n    (c) to co‑ordinate the collection and production of welfare‑related information and statistics by other bodies or persons; and\n    (d) to provide assistance (including financial assistance) for the collection and production of welfare‑related information and statistics by other bodies or persons; and\n    (e) to develop, in consultation with the Australian Bureau of Statistics, specialised statistical standards and classifications relevant to welfare services; and\n    (f) subject to section 29, to enable researchers to have access to welfare‑related information and statistics held by the Institute or by bodies or persons with whom contracts or arrangements have been entered into by the Institute; and\n    (g) to publish methodological and substantive reports on work carried out by or in association with the Institute under this subsection; and\n    (h) to do anything incidental to the functions conferred by paragraphs (a) to (g).\n  Functions of Australian Bureau of Statistics not limited by this section\n  (3) This section is not intended to limit the functions of the Australian Bureau of Statistics.\n\n#### 6 Powers of Institute\n\n  The Institute has power to do all things necessary or convenient to be done for or in connection with the performance of its functions and, in particular, has power:\n    (a) to enter into contracts or arrangements, including contracts or arrangements with bodies or persons to perform functions on behalf of the Institute;\n    (b) to acquire, hold and dispose of real or personal property;\n    (c) to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Institute;\n    (d) to appoint agents and attorneys and act as an agent for other persons;\n    (e) to accept gifts, grants, devises and bequests made to the Institute, whether on trust or otherwise, and to act as trustee of money or other property vested in the Institute on trust;\n    (f) subject to section 29, to:\n    (i) release data to other bodies or persons; and\n    (ii) publish the results of any of its work; and\n    (g) to do anything incidental to any of its powers.\n\n#### 7 Directions by Minister\n\n  (1) The Minister may, by notifiable instrument, give a direction to the Institute with respect to the performance of its functions or the exercise of its powers.\n  (1A) The Minister must consult the Chair before giving any direction to the Institute.\n  (1B) The Minister must consult each State Health Minister before giving the direction if the direction relates to the Institute’s health‑related functions.\n  (1C) The Minister must consult each State Welfare Minister before giving the direction if the direction:\n    (a) relates to the Institute’s welfare‑related functions; and\n    (b) does not concern housing matters.\n  (1D) The Minister must consult each State Housing Minister before giving the direction if the direction:\n    (a) relates to the Institute’s welfare‑related functions; and\n    (b) concerns housing matters.\n  (1E) The Minister must cause a copy of any direction given under subsection (1) to be delivered, in writing, to the Chair as soon as practicable.\n  (1F) A failure to comply with subsection (1E) does not affect the validity of the direction.\n  (2) The Institute shall comply with any direction given under subsection (1).\n  (3) This section does not affect the application, in relation to the Institute, of section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities).\n\n### Division 2—Board of the Institute\n\n#### Subdivision A—Establishment and functions of the Board\n\n#### 8 Establishment of the Board\n\n  The Board of the Institute is established by this section.\n\n#### 8A Functions of the Board\n\n  (1) The functions of the Board are:\n    (a) to ensure the proper, efficient and effective performance of the Institute’s functions; and\n    (b) any other functions conferred on the Board by this Act.\n  (2) The Board has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n  (3) Anything done in the name of, or on behalf of, the Institute by the Board, or with the authority of the Board, is taken to have been done by the Institute.\n\n#### Subdivision B—Membership of the Board\n\n#### 9 Membership\n\n  The Board consists of the following members:\n    (a) the Chair;\n    (b) the Deputy Chair;\n    (c) the CEO;\n    (d) not more than 3 members nominated by State Health Ministers;\n    (e) not more than 6 other members.\n\n#### Subdivision C—Members of the Board\n\n#### 10 Application of this Subdivision\n\n  This Subdivision applies to members other than the CEO.\n\n> Note: Division 4 deals with the office of the CEO.\n\n#### 11 Appointment of members\n\n  Members\n  (1) A member is to be appointed by the Minister by written instrument, on a part‑time basis.\n  Chair and Deputy Chair\n  (2) The Minister must appoint one member to be the Chair and another member to be the Deputy Chair.\n  Eligibility for appointment\n  (3) A person is not eligible for appointment as a member unless the Minister is satisfied that the person has appropriate skills or experience, or significant standing, in one or more of the following fields:\n    (a) public administration in relation to health, welfare or housing;\n    (b) education;\n    (c) Aboriginal and Torres Strait Islander health and welfare;\n    (d) data and data standards;\n    (e) statistics and statistical methods;\n    (f) performance measurement and reporting;\n    (g) financial management;\n    (h) corporate management;\n    (i) consumer interests;\n    (j) law.\n\n#### 11A Term of appointment\n\n  A member holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n> Note: A member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 11B Acting appointments\n\n  (1) The Deputy Chair is to act as the Chair:\n    (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n  (2) The Minister may, by written instrument, appoint a member to act as the Deputy Chair:\n    (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Deputy Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n  (3) The Minister may, by written instrument, appoint a person to act as a member (other than the Chair or the Deputy Chair):\n    (a) during a vacancy in the office of a member (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when a member:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n#### 12 Remuneration\n\n  (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.\n  (2) A member is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 12A Leave of absence\n\n  The Minister may grant a member leave of absence on such terms and conditions as to remuneration or otherwise as the Minister determines.\n\n#### 12B Outside employment\n\n  (1) A member must not engage in any paid work that conflicts or could conflict with the proper performance of the member’s duties.\n  (2) Subsection (1) does not apply to a member who is an official of a State or Territory agency.\n\n#### 12C Other terms and conditions\n\n  A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 13 Resignation\n\n  (1) A member may resign the member’s appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 13A Termination of appointment\n\n  (1) The Minister may terminate the appointment of a member:\n    (a) for misbehaviour; or\n    (b) if the member is unable to perform the duties of the member’s office because of physical or mental incapacity.\n  (2) The Minister may terminate the appointment of the member if:\n    (a) the member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with the member’s creditors; or\n    (iv) makes an assignment of the member’s remuneration for the benefit of the member’s creditors; or\n    (b) the member is absent, except on leave of absence, from 3 consecutive meetings of the Board; or\n    (c) the member engages in paid work that conflicts or could conflict with the proper performance of the member’s duties (see section 12B).\n\n> Note: The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 13B Disclosure of interests\n\n  Neither section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests), nor any rules made for the purposes of that section, apply to a member’s interest if:\n    (a) the member is an official of a State or Territory agency; and\n    (b) the member only has the interest by reason of being an official of the State or Territory agency.\n\n#### Subdivision D—Meetings of the Board\n\n#### 14 Convening of meetings\n\n  (1) The Board must meet at least once every 4 months.\n  (2) The Chair:\n    (a) may convene a meeting at any time; and\n    (b) must convene a meeting on receipt of a written request signed by at least 3 members.\n  (3) The Minister may convene such meetings of the Board as the Minister considers necessary.\n\n#### 14A Presiding at meetings\n\n  (1) The Chair must preside at all meetings of the Board at which the Chair is present.\n  (2) If the Chair is not present at a meeting of the Board, the Deputy Chair must preside.\n\n#### 14B Quorum\n\n  (1) At a meeting of the Board, a quorum is constituted by a majority of members, which must include the Chair or the Deputy Chair.\n  (2) However, if:\n    (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n    (b) when the member leaves the meeting concerned there is no longer a quorum present;\n  the remaining members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.\n\n#### 15 Voting at meetings\n\n  (1) A question arising at a meeting of the Board is to be determined by a majority of the votes of the members present and voting.\n  (2) The person presiding at a meeting of the Board has a deliberative vote and, if the votes are equal, a casting vote.\n\n#### 15A Conduct of meetings\n\n  Subject to this Act and the Public Governance, Performance and Accountability Act 2013, the Board may regulate the procedure of its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which members may participate in meetings.\n\n#### 15B Minutes\n\n  The Board must keep minutes of its meetings.\n\n#### 15C Decisions without meetings\n\n  (1) The Board is taken to have made a decision at a meeting if:\n    (a) without meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and\n    (b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and\n    (c) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n  (2) Subsection (1) applies only if the Board:\n    (a) has determined that it may make decisions of that kind without meeting; and\n    (b) has determined the method by which members are to indicate agreement with proposed decisions.\n  (3) For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.\n  (4) The Board must keep a record of decisions made in accordance with this section.\n\n### Division 3—Committees of Institute\n\n#### 16 Committees\n\n  (1) The Institute shall appoint a committee to be known as the Australian Institute of Health and Welfare Ethics Committee.\n  (2) The functions and composition of the Ethics Committee shall be as prescribed.\n  (3) Regulations for the purpose of subsection (2) must not be inconsistent with recommendations of the CEO of the National Health and Medical Research Council.\n  (4) The Institute may appoint such other committees as it thinks fit to assist it in performing its functions.\n  (5) The functions and composition of a committee appointed under subsection (4) shall be as determined from time to time in writing by the Institute.\n  (6) The succeeding subsections of this section apply in relation to a committee appointed under subsection (1) or (4).\n  (7) The members of a committee may include members of the Board.\n  (8) A member of a committee holds office for such period as is specified in the instrument of appointment.\n  (9) A member of a committee may resign by instrument in writing delivered to the Institute.\n  (10) Except where the Minister otherwise directs in writing, a member of a committee shall be paid such remuneration as is determined by the Remuneration Tribunal.\n  (11) A member of a committee (other than a member of the Board) shall be paid such allowances as are prescribed.\n  (12) Subsections (9) and (10) have effect subject to the Remuneration Tribunal Act 1973.\n  (13) A member of a committee must disclose at a meeting of the committee any pecuniary or other interest:\n    (a) that the member has directly or indirectly in a matter being considered, or about to be considered by the committee; and\n    (b) that would conflict with the proper performance of the member’s functions in relation to the consideration of the matter.\n  The member must make the disclosure as soon as practicable after he or she knows of the relevant facts.\n  (14) The disclosure must be recorded in the minutes of the meeting.\n  (15) Subsection (13) does not apply to an interest held by a member of the Board who is an official of a State or Territory agency, merely because the member is an official of the State or Territory agency.\n\n### Division 4—Chief Executive Officer of Institute\n\n#### 17 Chief Executive Officer\n\n  There is to be a Chief Executive Officer of the Institute.\n\n#### 17A Functions of the CEO\n\n  (1) The CEO is responsible for the day‑to‑day administration of the Institute.\n  (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of the CEO’s duties.\n  (3) All acts and things done in the name of, or on behalf of, the Institute by the CEO shall be deemed to have been done by the Institute.\n  (4) The CEO is to act in accordance with policies and strategies determined by the Board.\n  Board directions\n  (5) The Board may give written directions to the CEO about the performance of the CEO’s functions.\n  (6) The CEO must comply with a direction under subsection (5).\n  (7) A direction under subsection (5) is not a legislative instrument.\n\n#### 17B Appointment\n\n  The CEO is to be appointed by the Board by written instrument.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 17C Term of appointment\n\n  The CEO holds office on a full‑time basis for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n#### 17D Acting appointments\n\n  The Board may, by written instrument, appoint a person to act as the CEO:\n    (a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n#### 18 Remuneration\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18A Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Board may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Board determines.\n\n#### 18B Outside employment\n\n  The CEO must not engage in paid work outside the duties of the CEO’s office without the Board’s approval.\n\n#### 18C Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board.\n\n#### 18D Resignation\n\n  (1) The CEO may resign the CEO’s appointment by giving the Board a written resignation.\n  (2) The resignation takes effect on the day it is received by the Board or, if a later day is specified in the resignation, on that later day.\n\n#### 18E Termination of appointment\n\n  (1) The Board may terminate the appointment of the CEO:\n    (a) for misbehaviour; or\n    (b) if the CEO is unable to perform the duties of the CEO’s office because of physical or mental incapacity.\n  (2) The Board may terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with the CEO’s creditors; or\n    (iv) makes an assignment of the CEO’s remuneration for the benefit of the CEO’s creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Board’s approval, in paid work outside the duties of the CEO’s office (see section 18B).\n\n> Note: The appointment of the CEO may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 18F Certain decisions of the Board\n\n  The CEO must not be present during any deliberation, or take part in any decision, of the Board under this Division.\n\n### Division 5—Staff\n\n#### 19 Staff\n\n  (1) The staff required for the purposes of this Act shall be:\n    (a) persons engaged under the Public Service Act 1999; and\n    (b) persons appointed or employed by the Institute.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n  (3) The Institute may engage as advisers or consultants persons having suitable qualifications and experience.\n  (4) The terms and conditions of appointment or employment of members of the staff referred to in paragraph (1)(b) are such as are determined by the Institute.\n  (5) The terms and conditions of engagement of advisers or consultants are such as are determined by the Institute.\n\n## Part III—Finance\n\n#### 20 Money to be appropriated by Parliament\n\n  (1) There is payable to the Institute such money as is appropriated by the Parliament for the purposes of the Institute.\n  (2) The Finance Minister may give directions as to the means in which, and the times at which, money referred to in subsection (1) is to be paid to the Institute.\n\n#### 22 Money of Institute\n\n  (1) The money of the Institute consists of:\n    (a) money paid to the Institute under an appropriation; and\n    (b) any other money, other than trust money, paid to the Institute.\n  (2) The money of the Institute shall be applied only:\n    (a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Institute in the performance of its functions and the exercise of its powers;\n    (b) in payment of remuneration and allowances payable under this Act; and\n    (c) in making any other payments required or permitted to be made by the Institute.\n  (3) Subsection (2) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Institute.\n\n#### 23 Contracts\n\n  The Institute must not enter into a lease of land for a period of 10 years or more without the written approval of the Minister.\n\n#### 24 Annual report\n\n  The annual report prepared by the members and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:\n    (a) particulars of each direction given under subsection 7(1) that is applicable to the period; or\n    (b) if the Board considers those particulars contain information concerning a person or are of a confidential nature—a statement that a direction under that subsection was given.\n\n#### 25 Trust money and trust property\n\n  The Institute:\n    (a) shall pay trust money into an account or accounts containing no money other than trust money;\n    (b) shall apply or deal with trust money and trust property only in accordance with the powers and duties of the Institute as trustee; and\n    (c) may only invest trust money:\n    (i) in any manner in which the Institute is authorised to invest the money by the terms of the trust; or\n    (ii) in any manner in which trust money may be lawfully invested.\n\n#### 26 Exemption from taxation\n\n  The income, property and transactions of the Institute are not subject to taxation under any law of the Commonwealth or of a State or Territory.\n\n## Part IV—Miscellaneous\n\n#### 27 Delegation by Institute\n\n  (1) The Institute may, either generally or as otherwise provided by the instrument of delegation, by writing under its common seal:\n    (a) delegate to a member;\n    (b) delegate to a member of the staff of the Institute; and\n    (c) with the approval of the Minister—delegate to any other person or body;\n  all or any of the Institute’s powers or functions under this Act, other than this power of delegation.\n  (2) A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Institute.\n  (3) A delegation does not prevent the exercise of a power or performance of a function by the Institute.\n\n#### 28 Delegation by the CEO\n\n  (1) The CEO may, in writing, delegate all or any of the CEO’s functions or powers under this Act to:\n    (a) a member of the staff of the Institute; or\n    (b) with the written approval of the Board—any other person or body.\n  (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the CEO.\n\n#### 29 Confidentiality\n\n  (1) Subject to this section, a person (in this subsection called the informed person) who has:\n    (a) any information concerning another person (which person is in this section called an information subject), being information acquired by the informed person because of:\n    (i) holding an office, engagement or appointment, or being employed, under this Act;\n    (ii) performing a duty or function, or exercising a power, under or in connection with this Act; or\n    (iii) doing any act or thing under an agreement or arrangement entered into by the Institute; or\n    (b) any document relating to another person (which person is in this section also called an information subject), being a document furnished for the purposes of this Act;\n  shall not, except for the purposes of this Act, either directly or indirectly:\n    (c) make a record of any of that information or divulge or communicate any of that information to any person (including an information subject);\n    (d) produce that document to any person (including an information subject); or\n    (e) be required to divulge or communicate any of that information to a court or to produce that document in a court.\n\nPenalty: Imprisonment for 12 months or 20 penalty units, or both.\n\n  (2) Subject to subsections (2A) and (2B), nothing in this section prohibits:\n    (a) a person from divulging or communicating information, or producing a document, to the Minister if it does not identify an information subject;\n    (b) a person from divulging or communicating information, or producing a document, to a person specified in writing by the person (in this subsection called the information provider) who divulged or communicated the information, or produced the document, directly to the Institute;\n    (c) a person from divulging or communicating information, or producing a document, to a person specified in writing by the Ethics Committee if to do so is not contrary to the written terms and conditions (if any) upon which the information provider divulged or communicated the information, or produced the document, directly to the Institute; or\n    (d) the publication of conclusions based on statistics derived from, or of particulars of procedures used in, the work of the Institute, if:\n    (i) to do so is not contrary to the written terms and conditions (if any) upon which an information provider divulged or communicated information relevant to the publication, or produced a document relevant to the publication, directly to the Institute; and\n    (ii) the publication does not identify the information subject.\n  (2A) Paragraph (2)(c) applies only to information that is health‑related or welfare‑related information and statistics.\n  (2B) Paragraph (2)(c) applies to a document only to the extent to which the document contains health‑related or welfare‑related information and statistics.\n  (3) A person to whom information is divulged or communicated, or a document is produced, under paragraph (2)(a), (b) or (c), and any person under the control of that person is, in respect of that information or document, subject to subsection (1) as if the person were a person exercising powers, or performing duties or functions, under this Act and had acquired the information or document in the exercise of those powers or the performance of those duties or functions.\n  (4) In this section:\n    (a) court includes any tribunal, authority or person having power to require the production of documents or the answering of questions;\n    (b) person includes a body or association of persons, whether incorporated or not, and also includes:\n    (i) in the case of an information provider—a body politic; or\n    (ii) in the case of an information subject—a deceased person;\n    (c) produce includes permit access to;\n    (d) publication, in relation to conclusions, statistics or particulars, includes:\n    (i) the divulging or communication to a court of the conclusions, statistics or particulars; and\n    (ii) the production to a court of a document containing the conclusions, statistics or particulars; and\n    (e) a reference to information concerning a person includes:\n    (i) a reference to information as to the whereabouts, existence or non‑existence of a document concerning a person; and\n    (ii) a reference to information identifying a person or body providing information concerning a person.\n\n#### 30 Restricted application of the Epidemiological Studies (Confidentiality) Act 1981\n\n  (1) The Epidemiological Studies (Confidentiality) Act 1981 (in this section called the Confidentiality Act) does not apply to anything done in the exercise of a power or performance of a function under this Act.\n  (2) Notwithstanding the Confidentiality Act, a person who has assisted, or is assisting in, the conduct of a prescribed study or an epidemiological study may, at the written request of the Institute:\n    (a) communicate to the Institute any information acquired by the person because of having assisted, or assisting, in the conduct of that study; and\n    (b) give the Institute access to documents prepared or obtained in the conduct of that study.\n  (3) It is a defence to a prosecution under the Confidentiality Act if it is established that the information was communicated or access to a document was given, as the case may be, in accordance with a written request by the Institute.\n  (4) In this section:\n    (a) epidemiological study has the same meaning as in the Confidentiality Act; and\n    (b) prescribed study has the same meaning as in the Confidentiality Act.\n\n#### 31 Periodical reports\n\n  (1) The Institute shall prepare and, as soon as practicable, and in any event within 6 months:\n    (a) after 31 December 1987—shall submit to the Minister a health report for the period commencing on the commencement of this Act and ending on that date; and\n    (b) after 31 December 1989 and every second 31 December thereafter—shall submit to the Minister a health report for the 2 year period ending on that 31 December.\n  (1A) The Institute must submit to the Minister:\n    (a) as soon as practicable after (and in any event within 6 months of) 30 June 1993, a welfare report prepared by the Institute for the period:\n    (i) beginning on the day on which the Australian Institute of Health Amendment Act 1992 commences; and\n    (ii) ending on 30 June 1993; and\n    (b) as soon as practicable after (and in any event within 6 months of) 30 June 1995 and every second 30 June thereafter, a welfare report for the 2 year period ending on that 30 June.\n  (2) The Institute may at any time submit to the Minister:\n    (a) a health or welfare report for any period; or\n    (b) a report in respect of any matter relating to the exercise of the powers, or the performance of the functions, of the Institute or its committees under this Act.\n  (3) A health report shall provide:\n    (a) statistics and related information concerning the health of the people of Australia; and\n    (b) an outline of the development of health‑related information and statistics by the Institute, whether by itself or in association with other persons or bodies;\n  during the period to which the report relates.\n  (3A) A welfare report must provide:\n    (a) statistics and related information concerning the provision of welfare services to the Australian people; and\n    (b) an outline of the development of welfare‑related information and statistics by the Institute, whether by itself or in association with other persons or bodies;\n  during the period to which the report relates.\n  (4) The Minister shall cause a copy of a report submitted under subsection (1) or (1A) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.\n  (5) The Minister may cause a copy of a report submitted under subsection (2) to be laid before each House of the Parliament.\n\n#### 32 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters required or permitted by this Act to be prescribed.","sortOrder":17},{"sectionNumber":"10","sectionType":"section","heading":"Application of this Subdivision","content":"#### 10 Application of this Subdivision\n\n  This Subdivision applies to members other than the CEO.\n\n> Note: Division 4 deals with the office of the CEO.","sortOrder":18},{"sectionNumber":"11","sectionType":"section","heading":"Appointment of members","content":"#### 11 Appointment of members\n\n  Members\n  (1) A member is to be appointed by the Minister by written instrument, on a part‑time basis.\n  Chair and Deputy Chair\n  (2) The Minister must appoint one member to be the Chair and another member to be the Deputy Chair.\n  Eligibility for appointment\n  (3) A person is not eligible for appointment as a member unless the Minister is satisfied that the person has appropriate skills or experience, or significant standing, in one or more of the following fields:\n    (a) public administration in relation to health, welfare or housing;\n    (b) education;\n    (c) Aboriginal and Torres Strait Islander health and welfare;\n    (d) data and data standards;\n    (e) statistics and statistical methods;\n    (f) performance measurement and reporting;\n    (g) financial management;\n    (h) corporate management;\n    (i) consumer interests;\n    (j) law.","sortOrder":19},{"sectionNumber":"11A","sectionType":"section","heading":"Term of appointment","content":"#### 11A Term of appointment\n\n  A member holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n> Note: A member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.","sortOrder":20},{"sectionNumber":"11B","sectionType":"section","heading":"Acting appointments","content":"#### 11B Acting appointments\n\n  (1) The Deputy Chair is to act as the Chair:\n    (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n  (2) The Minister may, by written instrument, appoint a member to act as the Deputy Chair:\n    (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Deputy Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n  (3) The Minister may, by written instrument, appoint a person to act as a member (other than the Chair or the Deputy Chair):\n    (a) during a vacancy in the office of a member (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when a member:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.","sortOrder":21},{"sectionNumber":"12","sectionType":"section","heading":"Remuneration","content":"#### 12 Remuneration\n\n  (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.\n  (2) A member is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":22},{"sectionNumber":"12A","sectionType":"section","heading":"Leave of absence","content":"#### 12A Leave of absence\n\n  The Minister may grant a member leave of absence on such terms and conditions as to remuneration or otherwise as the Minister determines.","sortOrder":23},{"sectionNumber":"12B","sectionType":"section","heading":"Outside employment","content":"#### 12B Outside employment\n\n  (1) A member must not engage in any paid work that conflicts or could conflict with the proper performance of the member’s duties.\n  (2) Subsection (1) does not apply to a member who is an official of a State or Territory agency.","sortOrder":24},{"sectionNumber":"12C","sectionType":"section","heading":"Other terms and conditions","content":"#### 12C Other terms and conditions\n\n  A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.","sortOrder":25},{"sectionNumber":"13","sectionType":"section","heading":"Resignation","content":"#### 13 Resignation\n\n  (1) A member may resign the member’s appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.","sortOrder":26},{"sectionNumber":"13A","sectionType":"section","heading":"Termination of appointment","content":"#### 13A Termination of appointment\n\n  (1) The Minister may terminate the appointment of a member:\n    (a) for misbehaviour; or\n    (b) if the member is unable to perform the duties of the member’s office because of physical or mental incapacity.\n  (2) The Minister may terminate the appointment of the member if:\n    (a) the member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with the member’s creditors; or\n    (iv) makes an assignment of the member’s remuneration for the benefit of the member’s creditors; or\n    (b) the member is absent, except on leave of absence, from 3 consecutive meetings of the Board; or\n    (c) the member engages in paid work that conflicts or could conflict with the proper performance of the member’s duties (see section 12B).\n\n> Note: The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).","sortOrder":27},{"sectionNumber":"13B","sectionType":"section","heading":"Disclosure of interests","content":"#### 13B Disclosure of interests\n\n  Neither section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests), nor any rules made for the purposes of that section, apply to a member’s interest if:\n    (a) the member is an official of a State or Territory agency; and\n    (b) the member only has the interest by reason of being an official of the State or Territory agency.","sortOrder":28},{"sectionNumber":"Subdivision D","sectionType":"subdivision","heading":"Meetings of the Board","content":"An Act to establish an Australian Institute of Health and Welfare, and for related purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Institute of Health and Welfare Act 1987.\n\n#### 2 Commencement\n\n  This Act shall come into operation on a day to be fixed by Proclamation.\n\n#### 2A Simplified outline of this Act\n\nThis Act establishes the Australian Institute of Health and Welfare.\n\nThe main functions of the Institute are the following:\n\n(a) to collect and produce information and statistics relating to health and welfare;\n\n(b) to coordinate and provide assistance for the collection and production of information and statistics relating to health and welfare by other bodies or persons;\n\n(c) to conduct and promote research into the health of the people of Australia and their health services;\n\n(d) to publish reports on work carried out by or in association with the Institute;\n\n(e) to make recommendations to the Minister on the prevention and treatment of diseases and the improvement and promotion of the health and health awareness of the people of Australia.\n\nThe Institute must perform its functions and exercise its powers in accordance with directions given by the Minister.\n\nThis Act also establishes the Board of the Institute. The Board’s main functions are to ensure the proper, efficient and effective performance of the Institute’s functions.\n\nThere is to be a Chief Executive Officer of the Institute. The CEO is responsible for the day‑to‑day administration of the Institute.\n\nThere is to be an Australian Institute of Health and Welfare Ethics Committee. The Institute may appoint other committees to assist the Institute in performing its functions.\n\nThis Act also deals with miscellaneous matters, including delegations, confidentiality and the power to make regulations.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Board means the Board of the Institute.\n\n> CEO means the Chief Executive Officer of the Institute.\n\n> Chair means the Chair of the Board.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> Ethics Committee means the Australian Institute of Health and Welfare Ethics Committee.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> health‑related information and statistics means information and statistics collected and produced from data relevant to health or health services.\n\n> Institute means the Australian Institute of Health and Welfare.\n\n> member means a member of the Board, and includes the Chair and the Deputy Chair.\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> production means compilation, analysis and dissemination.\n\n> State Health Minister means:\n\n    (a) the Minister of the Crown for a State;\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to health in the State, the Australian Capital Territory or the Northern Territory, as the case may be.\n\n> State Housing Minister means:\n\n    (a) the Minister of the Crown for a State; or\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to housing in the State or Territory, as the case may be.\n\n> State or Territory agency means:\n\n    (a) a Department of a State or Territory; or\n    (b) a body (whether incorporated or not) established for a public purpose by or under a law of a State or Territory.\n\n> State Welfare Minister means:\n\n    (a) the Minister of the Crown for a State; or\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to welfare in the State or Territory, as the case may be.\n\n> trust money means money received or held by the Institute on trust.\n\n> trust property means property received or held by the Institute on trust.\n\n> welfare‑related information and statistics means information and statistics collected and produced from data relevant to the provision of welfare services.\n\n> welfare services includes:\n\n    (a) aged care services; and\n    (b) child care services (including services designed to encourage or support participation by parents in educational courses, training and the labour force); and\n    (c) services for people with disabilities; and\n    (d) housing assistance (including programs designed to provide access to secure housing in the long term and programs to provide access to crisis accommodation in the short term); and\n    (e) child welfare services (including, in particular, child protection and substitute care services); and\n    (f) other community services.\n\n## Part II—Australian Institute of Health and Welfare\n\n### Division 1—Establishment, functions and powers of Institute\n\n#### 4 Establishment of Institute\n\n  (1) There is hereby established a body to be known as the Australian Institute of Health and Welfare.\n  (2) The Institute:\n    (a) is a body corporate with perpetual succession;\n    (b) shall have a common seal; and\n    (c) may sue and be sued in its corporate name.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Institute. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the common seal of the Institute affixed to a document and shall presume that it was duly affixed.\n\n#### 5 Functions of the Institute\n\n  Institute to have health‑related and welfare‑related functions\n  (1AA) The functions of the Institute are:\n    (a) the health‑related functions conferred by subsection (1); and\n    (b) the welfare‑related functions conferred by subsection (1A).\n  Health‑related functions\n  (1) The Institute’s health‑related functions are:\n    (a) to collect health‑related information and statistics, in consultation with the Australian Bureau of Statistics if necessary, whether by the Institute itself or in association with other bodies or persons;\n    (b) to produce health‑related information and statistics, whether by itself or in association with other bodies or persons;\n    (c) to co‑ordinate the collection and production of health‑related information and statistics by other bodies or persons;\n    (d) to provide assistance, including financial assistance, for the collection and production of health‑related information and statistics by other bodies or persons;\n    (e) to develop methods and undertake studies designed to assess the provision, use, cost and effectiveness of health services and health technologies;\n    (f) to conduct and promote research into the health of the people of Australia and their health services;\n    (g) to develop, in consultation with the Australian Bureau of Statistics, specialised statistical standards and classifications relevant to health and health services, and advise the Bureau on the data to be used by it for the purposes of health‑related statistics;\n    (h) subject to section 29, to enable researchers to have access to health‑related information and statistics held by the Institute or by bodies or persons with whom contracts or arrangements have been entered into by the Institute;\n    (j) to publish methodological and substantive reports on work carried out by or in association with the Institute under this subsection;\n    (k) to make recommendations to the Minister on the prevention and treatment of diseases and the improvement and promotion of the health and health awareness of the people of Australia; and\n    (m) to do anything incidental to any of the foregoing.\n  Welfare‑related functions\n  (1A) The Institute’s welfare‑related functions are:\n    (a) to collect welfare‑related information and statistics, in consultation with the Australian Bureau of Statistics if necessary, whether by the Institute itself or in association with other bodies or persons; and\n    (b) to produce welfare‑related information and statistics (whether by itself or in association with other bodies or persons); and\n    (c) to co‑ordinate the collection and production of welfare‑related information and statistics by other bodies or persons; and\n    (d) to provide assistance (including financial assistance) for the collection and production of welfare‑related information and statistics by other bodies or persons; and\n    (e) to develop, in consultation with the Australian Bureau of Statistics, specialised statistical standards and classifications relevant to welfare services; and\n    (f) subject to section 29, to enable researchers to have access to welfare‑related information and statistics held by the Institute or by bodies or persons with whom contracts or arrangements have been entered into by the Institute; and\n    (g) to publish methodological and substantive reports on work carried out by or in association with the Institute under this subsection; and\n    (h) to do anything incidental to the functions conferred by paragraphs (a) to (g).\n  Functions of Australian Bureau of Statistics not limited by this section\n  (3) This section is not intended to limit the functions of the Australian Bureau of Statistics.\n\n#### 6 Powers of Institute\n\n  The Institute has power to do all things necessary or convenient to be done for or in connection with the performance of its functions and, in particular, has power:\n    (a) to enter into contracts or arrangements, including contracts or arrangements with bodies or persons to perform functions on behalf of the Institute;\n    (b) to acquire, hold and dispose of real or personal property;\n    (c) to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Institute;\n    (d) to appoint agents and attorneys and act as an agent for other persons;\n    (e) to accept gifts, grants, devises and bequests made to the Institute, whether on trust or otherwise, and to act as trustee of money or other property vested in the Institute on trust;\n    (f) subject to section 29, to:\n    (i) release data to other bodies or persons; and\n    (ii) publish the results of any of its work; and\n    (g) to do anything incidental to any of its powers.\n\n#### 7 Directions by Minister\n\n  (1) The Minister may, by notifiable instrument, give a direction to the Institute with respect to the performance of its functions or the exercise of its powers.\n  (1A) The Minister must consult the Chair before giving any direction to the Institute.\n  (1B) The Minister must consult each State Health Minister before giving the direction if the direction relates to the Institute’s health‑related functions.\n  (1C) The Minister must consult each State Welfare Minister before giving the direction if the direction:\n    (a) relates to the Institute’s welfare‑related functions; and\n    (b) does not concern housing matters.\n  (1D) The Minister must consult each State Housing Minister before giving the direction if the direction:\n    (a) relates to the Institute’s welfare‑related functions; and\n    (b) concerns housing matters.\n  (1E) The Minister must cause a copy of any direction given under subsection (1) to be delivered, in writing, to the Chair as soon as practicable.\n  (1F) A failure to comply with subsection (1E) does not affect the validity of the direction.\n  (2) The Institute shall comply with any direction given under subsection (1).\n  (3) This section does not affect the application, in relation to the Institute, of section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities).\n\n### Division 2—Board of the Institute\n\n#### Subdivision A—Establishment and functions of the Board\n\n#### 8 Establishment of the Board\n\n  The Board of the Institute is established by this section.\n\n#### 8A Functions of the Board\n\n  (1) The functions of the Board are:\n    (a) to ensure the proper, efficient and effective performance of the Institute’s functions; and\n    (b) any other functions conferred on the Board by this Act.\n  (2) The Board has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n  (3) Anything done in the name of, or on behalf of, the Institute by the Board, or with the authority of the Board, is taken to have been done by the Institute.\n\n#### Subdivision B—Membership of the Board\n\n#### 9 Membership\n\n  The Board consists of the following members:\n    (a) the Chair;\n    (b) the Deputy Chair;\n    (c) the CEO;\n    (d) not more than 3 members nominated by State Health Ministers;\n    (e) not more than 6 other members.\n\n#### Subdivision C—Members of the Board\n\n#### 10 Application of this Subdivision\n\n  This Subdivision applies to members other than the CEO.\n\n> Note: Division 4 deals with the office of the CEO.\n\n#### 11 Appointment of members\n\n  Members\n  (1) A member is to be appointed by the Minister by written instrument, on a part‑time basis.\n  Chair and Deputy Chair\n  (2) The Minister must appoint one member to be the Chair and another member to be the Deputy Chair.\n  Eligibility for appointment\n  (3) A person is not eligible for appointment as a member unless the Minister is satisfied that the person has appropriate skills or experience, or significant standing, in one or more of the following fields:\n    (a) public administration in relation to health, welfare or housing;\n    (b) education;\n    (c) Aboriginal and Torres Strait Islander health and welfare;\n    (d) data and data standards;\n    (e) statistics and statistical methods;\n    (f) performance measurement and reporting;\n    (g) financial management;\n    (h) corporate management;\n    (i) consumer interests;\n    (j) law.\n\n#### 11A Term of appointment\n\n  A member holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n> Note: A member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 11B Acting appointments\n\n  (1) The Deputy Chair is to act as the Chair:\n    (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n  (2) The Minister may, by written instrument, appoint a member to act as the Deputy Chair:\n    (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Deputy Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n  (3) The Minister may, by written instrument, appoint a person to act as a member (other than the Chair or the Deputy Chair):\n    (a) during a vacancy in the office of a member (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when a member:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n#### 12 Remuneration\n\n  (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.\n  (2) A member is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 12A Leave of absence\n\n  The Minister may grant a member leave of absence on such terms and conditions as to remuneration or otherwise as the Minister determines.\n\n#### 12B Outside employment\n\n  (1) A member must not engage in any paid work that conflicts or could conflict with the proper performance of the member’s duties.\n  (2) Subsection (1) does not apply to a member who is an official of a State or Territory agency.\n\n#### 12C Other terms and conditions\n\n  A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 13 Resignation\n\n  (1) A member may resign the member’s appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 13A Termination of appointment\n\n  (1) The Minister may terminate the appointment of a member:\n    (a) for misbehaviour; or\n    (b) if the member is unable to perform the duties of the member’s office because of physical or mental incapacity.\n  (2) The Minister may terminate the appointment of the member if:\n    (a) the member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with the member’s creditors; or\n    (iv) makes an assignment of the member’s remuneration for the benefit of the member’s creditors; or\n    (b) the member is absent, except on leave of absence, from 3 consecutive meetings of the Board; or\n    (c) the member engages in paid work that conflicts or could conflict with the proper performance of the member’s duties (see section 12B).\n\n> Note: The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 13B Disclosure of interests\n\n  Neither section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests), nor any rules made for the purposes of that section, apply to a member’s interest if:\n    (a) the member is an official of a State or Territory agency; and\n    (b) the member only has the interest by reason of being an official of the State or Territory agency.\n\n#### Subdivision D—Meetings of the Board\n\n#### 14 Convening of meetings\n\n  (1) The Board must meet at least once every 4 months.\n  (2) The Chair:\n    (a) may convene a meeting at any time; and\n    (b) must convene a meeting on receipt of a written request signed by at least 3 members.\n  (3) The Minister may convene such meetings of the Board as the Minister considers necessary.\n\n#### 14A Presiding at meetings\n\n  (1) The Chair must preside at all meetings of the Board at which the Chair is present.\n  (2) If the Chair is not present at a meeting of the Board, the Deputy Chair must preside.\n\n#### 14B Quorum\n\n  (1) At a meeting of the Board, a quorum is constituted by a majority of members, which must include the Chair or the Deputy Chair.\n  (2) However, if:\n    (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n    (b) when the member leaves the meeting concerned there is no longer a quorum present;\n  the remaining members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.\n\n#### 15 Voting at meetings\n\n  (1) A question arising at a meeting of the Board is to be determined by a majority of the votes of the members present and voting.\n  (2) The person presiding at a meeting of the Board has a deliberative vote and, if the votes are equal, a casting vote.\n\n#### 15A Conduct of meetings\n\n  Subject to this Act and the Public Governance, Performance and Accountability Act 2013, the Board may regulate the procedure of its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which members may participate in meetings.\n\n#### 15B Minutes\n\n  The Board must keep minutes of its meetings.\n\n#### 15C Decisions without meetings\n\n  (1) The Board is taken to have made a decision at a meeting if:\n    (a) without meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and\n    (b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and\n    (c) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n  (2) Subsection (1) applies only if the Board:\n    (a) has determined that it may make decisions of that kind without meeting; and\n    (b) has determined the method by which members are to indicate agreement with proposed decisions.\n  (3) For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.\n  (4) The Board must keep a record of decisions made in accordance with this section.\n\n### Division 3—Committees of Institute\n\n#### 16 Committees\n\n  (1) The Institute shall appoint a committee to be known as the Australian Institute of Health and Welfare Ethics Committee.\n  (2) The functions and composition of the Ethics Committee shall be as prescribed.\n  (3) Regulations for the purpose of subsection (2) must not be inconsistent with recommendations of the CEO of the National Health and Medical Research Council.\n  (4) The Institute may appoint such other committees as it thinks fit to assist it in performing its functions.\n  (5) The functions and composition of a committee appointed under subsection (4) shall be as determined from time to time in writing by the Institute.\n  (6) The succeeding subsections of this section apply in relation to a committee appointed under subsection (1) or (4).\n  (7) The members of a committee may include members of the Board.\n  (8) A member of a committee holds office for such period as is specified in the instrument of appointment.\n  (9) A member of a committee may resign by instrument in writing delivered to the Institute.\n  (10) Except where the Minister otherwise directs in writing, a member of a committee shall be paid such remuneration as is determined by the Remuneration Tribunal.\n  (11) A member of a committee (other than a member of the Board) shall be paid such allowances as are prescribed.\n  (12) Subsections (9) and (10) have effect subject to the Remuneration Tribunal Act 1973.\n  (13) A member of a committee must disclose at a meeting of the committee any pecuniary or other interest:\n    (a) that the member has directly or indirectly in a matter being considered, or about to be considered by the committee; and\n    (b) that would conflict with the proper performance of the member’s functions in relation to the consideration of the matter.\n  The member must make the disclosure as soon as practicable after he or she knows of the relevant facts.\n  (14) The disclosure must be recorded in the minutes of the meeting.\n  (15) Subsection (13) does not apply to an interest held by a member of the Board who is an official of a State or Territory agency, merely because the member is an official of the State or Territory agency.\n\n### Division 4—Chief Executive Officer of Institute\n\n#### 17 Chief Executive Officer\n\n  There is to be a Chief Executive Officer of the Institute.\n\n#### 17A Functions of the CEO\n\n  (1) The CEO is responsible for the day‑to‑day administration of the Institute.\n  (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of the CEO’s duties.\n  (3) All acts and things done in the name of, or on behalf of, the Institute by the CEO shall be deemed to have been done by the Institute.\n  (4) The CEO is to act in accordance with policies and strategies determined by the Board.\n  Board directions\n  (5) The Board may give written directions to the CEO about the performance of the CEO’s functions.\n  (6) The CEO must comply with a direction under subsection (5).\n  (7) A direction under subsection (5) is not a legislative instrument.\n\n#### 17B Appointment\n\n  The CEO is to be appointed by the Board by written instrument.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 17C Term of appointment\n\n  The CEO holds office on a full‑time basis for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n#### 17D Acting appointments\n\n  The Board may, by written instrument, appoint a person to act as the CEO:\n    (a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n#### 18 Remuneration\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18A Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Board may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Board determines.\n\n#### 18B Outside employment\n\n  The CEO must not engage in paid work outside the duties of the CEO’s office without the Board’s approval.\n\n#### 18C Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board.\n\n#### 18D Resignation\n\n  (1) The CEO may resign the CEO’s appointment by giving the Board a written resignation.\n  (2) The resignation takes effect on the day it is received by the Board or, if a later day is specified in the resignation, on that later day.\n\n#### 18E Termination of appointment\n\n  (1) The Board may terminate the appointment of the CEO:\n    (a) for misbehaviour; or\n    (b) if the CEO is unable to perform the duties of the CEO’s office because of physical or mental incapacity.\n  (2) The Board may terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with the CEO’s creditors; or\n    (iv) makes an assignment of the CEO’s remuneration for the benefit of the CEO’s creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Board’s approval, in paid work outside the duties of the CEO’s office (see section 18B).\n\n> Note: The appointment of the CEO may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 18F Certain decisions of the Board\n\n  The CEO must not be present during any deliberation, or take part in any decision, of the Board under this Division.\n\n### Division 5—Staff\n\n#### 19 Staff\n\n  (1) The staff required for the purposes of this Act shall be:\n    (a) persons engaged under the Public Service Act 1999; and\n    (b) persons appointed or employed by the Institute.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n  (3) The Institute may engage as advisers or consultants persons having suitable qualifications and experience.\n  (4) The terms and conditions of appointment or employment of members of the staff referred to in paragraph (1)(b) are such as are determined by the Institute.\n  (5) The terms and conditions of engagement of advisers or consultants are such as are determined by the Institute.\n\n## Part III—Finance\n\n#### 20 Money to be appropriated by Parliament\n\n  (1) There is payable to the Institute such money as is appropriated by the Parliament for the purposes of the Institute.\n  (2) The Finance Minister may give directions as to the means in which, and the times at which, money referred to in subsection (1) is to be paid to the Institute.\n\n#### 22 Money of Institute\n\n  (1) The money of the Institute consists of:\n    (a) money paid to the Institute under an appropriation; and\n    (b) any other money, other than trust money, paid to the Institute.\n  (2) The money of the Institute shall be applied only:\n    (a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Institute in the performance of its functions and the exercise of its powers;\n    (b) in payment of remuneration and allowances payable under this Act; and\n    (c) in making any other payments required or permitted to be made by the Institute.\n  (3) Subsection (2) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Institute.\n\n#### 23 Contracts\n\n  The Institute must not enter into a lease of land for a period of 10 years or more without the written approval of the Minister.\n\n#### 24 Annual report\n\n  The annual report prepared by the members and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:\n    (a) particulars of each direction given under subsection 7(1) that is applicable to the period; or\n    (b) if the Board considers those particulars contain information concerning a person or are of a confidential nature—a statement that a direction under that subsection was given.\n\n#### 25 Trust money and trust property\n\n  The Institute:\n    (a) shall pay trust money into an account or accounts containing no money other than trust money;\n    (b) shall apply or deal with trust money and trust property only in accordance with the powers and duties of the Institute as trustee; and\n    (c) may only invest trust money:\n    (i) in any manner in which the Institute is authorised to invest the money by the terms of the trust; or\n    (ii) in any manner in which trust money may be lawfully invested.\n\n#### 26 Exemption from taxation\n\n  The income, property and transactions of the Institute are not subject to taxation under any law of the Commonwealth or of a State or Territory.\n\n## Part IV—Miscellaneous\n\n#### 27 Delegation by Institute\n\n  (1) The Institute may, either generally or as otherwise provided by the instrument of delegation, by writing under its common seal:\n    (a) delegate to a member;\n    (b) delegate to a member of the staff of the Institute; and\n    (c) with the approval of the Minister—delegate to any other person or body;\n  all or any of the Institute’s powers or functions under this Act, other than this power of delegation.\n  (2) A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Institute.\n  (3) A delegation does not prevent the exercise of a power or performance of a function by the Institute.\n\n#### 28 Delegation by the CEO\n\n  (1) The CEO may, in writing, delegate all or any of the CEO’s functions or powers under this Act to:\n    (a) a member of the staff of the Institute; or\n    (b) with the written approval of the Board—any other person or body.\n  (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the CEO.\n\n#### 29 Confidentiality\n\n  (1) Subject to this section, a person (in this subsection called the informed person) who has:\n    (a) any information concerning another person (which person is in this section called an information subject), being information acquired by the informed person because of:\n    (i) holding an office, engagement or appointment, or being employed, under this Act;\n    (ii) performing a duty or function, or exercising a power, under or in connection with this Act; or\n    (iii) doing any act or thing under an agreement or arrangement entered into by the Institute; or\n    (b) any document relating to another person (which person is in this section also called an information subject), being a document furnished for the purposes of this Act;\n  shall not, except for the purposes of this Act, either directly or indirectly:\n    (c) make a record of any of that information or divulge or communicate any of that information to any person (including an information subject);\n    (d) produce that document to any person (including an information subject); or\n    (e) be required to divulge or communicate any of that information to a court or to produce that document in a court.\n\nPenalty: Imprisonment for 12 months or 20 penalty units, or both.\n\n  (2) Subject to subsections (2A) and (2B), nothing in this section prohibits:\n    (a) a person from divulging or communicating information, or producing a document, to the Minister if it does not identify an information subject;\n    (b) a person from divulging or communicating information, or producing a document, to a person specified in writing by the person (in this subsection called the information provider) who divulged or communicated the information, or produced the document, directly to the Institute;\n    (c) a person from divulging or communicating information, or producing a document, to a person specified in writing by the Ethics Committee if to do so is not contrary to the written terms and conditions (if any) upon which the information provider divulged or communicated the information, or produced the document, directly to the Institute; or\n    (d) the publication of conclusions based on statistics derived from, or of particulars of procedures used in, the work of the Institute, if:\n    (i) to do so is not contrary to the written terms and conditions (if any) upon which an information provider divulged or communicated information relevant to the publication, or produced a document relevant to the publication, directly to the Institute; and\n    (ii) the publication does not identify the information subject.\n  (2A) Paragraph (2)(c) applies only to information that is health‑related or welfare‑related information and statistics.\n  (2B) Paragraph (2)(c) applies to a document only to the extent to which the document contains health‑related or welfare‑related information and statistics.\n  (3) A person to whom information is divulged or communicated, or a document is produced, under paragraph (2)(a), (b) or (c), and any person under the control of that person is, in respect of that information or document, subject to subsection (1) as if the person were a person exercising powers, or performing duties or functions, under this Act and had acquired the information or document in the exercise of those powers or the performance of those duties or functions.\n  (4) In this section:\n    (a) court includes any tribunal, authority or person having power to require the production of documents or the answering of questions;\n    (b) person includes a body or association of persons, whether incorporated or not, and also includes:\n    (i) in the case of an information provider—a body politic; or\n    (ii) in the case of an information subject—a deceased person;\n    (c) produce includes permit access to;\n    (d) publication, in relation to conclusions, statistics or particulars, includes:\n    (i) the divulging or communication to a court of the conclusions, statistics or particulars; and\n    (ii) the production to a court of a document containing the conclusions, statistics or particulars; and\n    (e) a reference to information concerning a person includes:\n    (i) a reference to information as to the whereabouts, existence or non‑existence of a document concerning a person; and\n    (ii) a reference to information identifying a person or body providing information concerning a person.\n\n#### 30 Restricted application of the Epidemiological Studies (Confidentiality) Act 1981\n\n  (1) The Epidemiological Studies (Confidentiality) Act 1981 (in this section called the Confidentiality Act) does not apply to anything done in the exercise of a power or performance of a function under this Act.\n  (2) Notwithstanding the Confidentiality Act, a person who has assisted, or is assisting in, the conduct of a prescribed study or an epidemiological study may, at the written request of the Institute:\n    (a) communicate to the Institute any information acquired by the person because of having assisted, or assisting, in the conduct of that study; and\n    (b) give the Institute access to documents prepared or obtained in the conduct of that study.\n  (3) It is a defence to a prosecution under the Confidentiality Act if it is established that the information was communicated or access to a document was given, as the case may be, in accordance with a written request by the Institute.\n  (4) In this section:\n    (a) epidemiological study has the same meaning as in the Confidentiality Act; and\n    (b) prescribed study has the same meaning as in the Confidentiality Act.\n\n#### 31 Periodical reports\n\n  (1) The Institute shall prepare and, as soon as practicable, and in any event within 6 months:\n    (a) after 31 December 1987—shall submit to the Minister a health report for the period commencing on the commencement of this Act and ending on that date; and\n    (b) after 31 December 1989 and every second 31 December thereafter—shall submit to the Minister a health report for the 2 year period ending on that 31 December.\n  (1A) The Institute must submit to the Minister:\n    (a) as soon as practicable after (and in any event within 6 months of) 30 June 1993, a welfare report prepared by the Institute for the period:\n    (i) beginning on the day on which the Australian Institute of Health Amendment Act 1992 commences; and\n    (ii) ending on 30 June 1993; and\n    (b) as soon as practicable after (and in any event within 6 months of) 30 June 1995 and every second 30 June thereafter, a welfare report for the 2 year period ending on that 30 June.\n  (2) The Institute may at any time submit to the Minister:\n    (a) a health or welfare report for any period; or\n    (b) a report in respect of any matter relating to the exercise of the powers, or the performance of the functions, of the Institute or its committees under this Act.\n  (3) A health report shall provide:\n    (a) statistics and related information concerning the health of the people of Australia; and\n    (b) an outline of the development of health‑related information and statistics by the Institute, whether by itself or in association with other persons or bodies;\n  during the period to which the report relates.\n  (3A) A welfare report must provide:\n    (a) statistics and related information concerning the provision of welfare services to the Australian people; and\n    (b) an outline of the development of welfare‑related information and statistics by the Institute, whether by itself or in association with other persons or bodies;\n  during the period to which the report relates.\n  (4) The Minister shall cause a copy of a report submitted under subsection (1) or (1A) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.\n  (5) The Minister may cause a copy of a report submitted under subsection (2) to be laid before each House of the Parliament.\n\n#### 32 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters required or permitted by this Act to be prescribed.","sortOrder":29},{"sectionNumber":"14","sectionType":"section","heading":"Convening of meetings","content":"#### 14 Convening of meetings\n\n  (1) The Board must meet at least once every 4 months.\n  (2) The Chair:\n    (a) may convene a meeting at any time; and\n    (b) must convene a meeting on receipt of a written request signed by at least 3 members.\n  (3) The Minister may convene such meetings of the Board as the Minister considers necessary.","sortOrder":30},{"sectionNumber":"14A","sectionType":"section","heading":"Presiding at meetings","content":"#### 14A Presiding at meetings\n\n  (1) The Chair must preside at all meetings of the Board at which the Chair is present.\n  (2) If the Chair is not present at a meeting of the Board, the Deputy Chair must preside.","sortOrder":31},{"sectionNumber":"14B","sectionType":"section","heading":"Quorum","content":"#### 14B Quorum\n\n  (1) At a meeting of the Board, a quorum is constituted by a majority of members, which must include the Chair or the Deputy Chair.\n  (2) However, if:\n    (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n    (b) when the member leaves the meeting concerned there is no longer a quorum present;\n  the remaining members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.","sortOrder":32},{"sectionNumber":"15","sectionType":"section","heading":"Voting at meetings","content":"#### 15 Voting at meetings\n\n  (1) A question arising at a meeting of the Board is to be determined by a majority of the votes of the members present and voting.\n  (2) The person presiding at a meeting of the Board has a deliberative vote and, if the votes are equal, a casting vote.","sortOrder":33},{"sectionNumber":"15A","sectionType":"section","heading":"Conduct of meetings","content":"#### 15A Conduct of meetings\n\n  Subject to this Act and the Public Governance, Performance and Accountability Act 2013, the Board may regulate the procedure of its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which members may participate in meetings.","sortOrder":34},{"sectionNumber":"15B","sectionType":"section","heading":"Minutes","content":"#### 15B Minutes\n\n  The Board must keep minutes of its meetings.","sortOrder":35},{"sectionNumber":"15C","sectionType":"section","heading":"Decisions without meetings","content":"#### 15C Decisions without meetings\n\n  (1) The Board is taken to have made a decision at a meeting if:\n    (a) without meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and\n    (b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and\n    (c) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n  (2) Subsection (1) applies only if the Board:\n    (a) has determined that it may make decisions of that kind without meeting; and\n    (b) has determined the method by which members are to indicate agreement with proposed decisions.\n  (3) For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.\n  (4) The Board must keep a record of decisions made in accordance with this section.","sortOrder":36},{"sectionNumber":"Division 3","sectionType":"division","heading":"Committees of Institute","content":"An Act to establish an Australian Institute of Health and Welfare, and for related purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Institute of Health and Welfare Act 1987.\n\n#### 2 Commencement\n\n  This Act shall come into operation on a day to be fixed by Proclamation.\n\n#### 2A Simplified outline of this Act\n\nThis Act establishes the Australian Institute of Health and Welfare.\n\nThe main functions of the Institute are the following:\n\n(a) to collect and produce information and statistics relating to health and welfare;\n\n(b) to coordinate and provide assistance for the collection and production of information and statistics relating to health and welfare by other bodies or persons;\n\n(c) to conduct and promote research into the health of the people of Australia and their health services;\n\n(d) to publish reports on work carried out by or in association with the Institute;\n\n(e) to make recommendations to the Minister on the prevention and treatment of diseases and the improvement and promotion of the health and health awareness of the people of Australia.\n\nThe Institute must perform its functions and exercise its powers in accordance with directions given by the Minister.\n\nThis Act also establishes the Board of the Institute. The Board’s main functions are to ensure the proper, efficient and effective performance of the Institute’s functions.\n\nThere is to be a Chief Executive Officer of the Institute. The CEO is responsible for the day‑to‑day administration of the Institute.\n\nThere is to be an Australian Institute of Health and Welfare Ethics Committee. The Institute may appoint other committees to assist the Institute in performing its functions.\n\nThis Act also deals with miscellaneous matters, including delegations, confidentiality and the power to make regulations.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Board means the Board of the Institute.\n\n> CEO means the Chief Executive Officer of the Institute.\n\n> Chair means the Chair of the Board.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> Ethics Committee means the Australian Institute of Health and Welfare Ethics Committee.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> health‑related information and statistics means information and statistics collected and produced from data relevant to health or health services.\n\n> Institute means the Australian Institute of Health and Welfare.\n\n> member means a member of the Board, and includes the Chair and the Deputy Chair.\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> production means compilation, analysis and dissemination.\n\n> State Health Minister means:\n\n    (a) the Minister of the Crown for a State;\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to health in the State, the Australian Capital Territory or the Northern Territory, as the case may be.\n\n> State Housing Minister means:\n\n    (a) the Minister of the Crown for a State; or\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to housing in the State or Territory, as the case may be.\n\n> State or Territory agency means:\n\n    (a) a Department of a State or Territory; or\n    (b) a body (whether incorporated or not) established for a public purpose by or under a law of a State or Territory.\n\n> State Welfare Minister means:\n\n    (a) the Minister of the Crown for a State; or\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to welfare in the State or Territory, as the case may be.\n\n> trust money means money received or held by the Institute on trust.\n\n> trust property means property received or held by the Institute on trust.\n\n> welfare‑related information and statistics means information and statistics collected and produced from data relevant to the provision of welfare services.\n\n> welfare services includes:\n\n    (a) aged care services; and\n    (b) child care services (including services designed to encourage or support participation by parents in educational courses, training and the labour force); and\n    (c) services for people with disabilities; and\n    (d) housing assistance (including programs designed to provide access to secure housing in the long term and programs to provide access to crisis accommodation in the short term); and\n    (e) child welfare services (including, in particular, child protection and substitute care services); and\n    (f) other community services.\n\n## Part II—Australian Institute of Health and Welfare\n\n### Division 1—Establishment, functions and powers of Institute\n\n#### 4 Establishment of Institute\n\n  (1) There is hereby established a body to be known as the Australian Institute of Health and Welfare.\n  (2) The Institute:\n    (a) is a body corporate with perpetual succession;\n    (b) shall have a common seal; and\n    (c) may sue and be sued in its corporate name.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Institute. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the common seal of the Institute affixed to a document and shall presume that it was duly affixed.\n\n#### 5 Functions of the Institute\n\n  Institute to have health‑related and welfare‑related functions\n  (1AA) The functions of the Institute are:\n    (a) the health‑related functions conferred by subsection (1); and\n    (b) the welfare‑related functions conferred by subsection (1A).\n  Health‑related functions\n  (1) The Institute’s health‑related functions are:\n    (a) to collect health‑related information and statistics, in consultation with the Australian Bureau of Statistics if necessary, whether by the Institute itself or in association with other bodies or persons;\n    (b) to produce health‑related information and statistics, whether by itself or in association with other bodies or persons;\n    (c) to co‑ordinate the collection and production of health‑related information and statistics by other bodies or persons;\n    (d) to provide assistance, including financial assistance, for the collection and production of health‑related information and statistics by other bodies or persons;\n    (e) to develop methods and undertake studies designed to assess the provision, use, cost and effectiveness of health services and health technologies;\n    (f) to conduct and promote research into the health of the people of Australia and their health services;\n    (g) to develop, in consultation with the Australian Bureau of Statistics, specialised statistical standards and classifications relevant to health and health services, and advise the Bureau on the data to be used by it for the purposes of health‑related statistics;\n    (h) subject to section 29, to enable researchers to have access to health‑related information and statistics held by the Institute or by bodies or persons with whom contracts or arrangements have been entered into by the Institute;\n    (j) to publish methodological and substantive reports on work carried out by or in association with the Institute under this subsection;\n    (k) to make recommendations to the Minister on the prevention and treatment of diseases and the improvement and promotion of the health and health awareness of the people of Australia; and\n    (m) to do anything incidental to any of the foregoing.\n  Welfare‑related functions\n  (1A) The Institute’s welfare‑related functions are:\n    (a) to collect welfare‑related information and statistics, in consultation with the Australian Bureau of Statistics if necessary, whether by the Institute itself or in association with other bodies or persons; and\n    (b) to produce welfare‑related information and statistics (whether by itself or in association with other bodies or persons); and\n    (c) to co‑ordinate the collection and production of welfare‑related information and statistics by other bodies or persons; and\n    (d) to provide assistance (including financial assistance) for the collection and production of welfare‑related information and statistics by other bodies or persons; and\n    (e) to develop, in consultation with the Australian Bureau of Statistics, specialised statistical standards and classifications relevant to welfare services; and\n    (f) subject to section 29, to enable researchers to have access to welfare‑related information and statistics held by the Institute or by bodies or persons with whom contracts or arrangements have been entered into by the Institute; and\n    (g) to publish methodological and substantive reports on work carried out by or in association with the Institute under this subsection; and\n    (h) to do anything incidental to the functions conferred by paragraphs (a) to (g).\n  Functions of Australian Bureau of Statistics not limited by this section\n  (3) This section is not intended to limit the functions of the Australian Bureau of Statistics.\n\n#### 6 Powers of Institute\n\n  The Institute has power to do all things necessary or convenient to be done for or in connection with the performance of its functions and, in particular, has power:\n    (a) to enter into contracts or arrangements, including contracts or arrangements with bodies or persons to perform functions on behalf of the Institute;\n    (b) to acquire, hold and dispose of real or personal property;\n    (c) to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Institute;\n    (d) to appoint agents and attorneys and act as an agent for other persons;\n    (e) to accept gifts, grants, devises and bequests made to the Institute, whether on trust or otherwise, and to act as trustee of money or other property vested in the Institute on trust;\n    (f) subject to section 29, to:\n    (i) release data to other bodies or persons; and\n    (ii) publish the results of any of its work; and\n    (g) to do anything incidental to any of its powers.\n\n#### 7 Directions by Minister\n\n  (1) The Minister may, by notifiable instrument, give a direction to the Institute with respect to the performance of its functions or the exercise of its powers.\n  (1A) The Minister must consult the Chair before giving any direction to the Institute.\n  (1B) The Minister must consult each State Health Minister before giving the direction if the direction relates to the Institute’s health‑related functions.\n  (1C) The Minister must consult each State Welfare Minister before giving the direction if the direction:\n    (a) relates to the Institute’s welfare‑related functions; and\n    (b) does not concern housing matters.\n  (1D) The Minister must consult each State Housing Minister before giving the direction if the direction:\n    (a) relates to the Institute’s welfare‑related functions; and\n    (b) concerns housing matters.\n  (1E) The Minister must cause a copy of any direction given under subsection (1) to be delivered, in writing, to the Chair as soon as practicable.\n  (1F) A failure to comply with subsection (1E) does not affect the validity of the direction.\n  (2) The Institute shall comply with any direction given under subsection (1).\n  (3) This section does not affect the application, in relation to the Institute, of section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities).\n\n### Division 2—Board of the Institute\n\n#### Subdivision A—Establishment and functions of the Board\n\n#### 8 Establishment of the Board\n\n  The Board of the Institute is established by this section.\n\n#### 8A Functions of the Board\n\n  (1) The functions of the Board are:\n    (a) to ensure the proper, efficient and effective performance of the Institute’s functions; and\n    (b) any other functions conferred on the Board by this Act.\n  (2) The Board has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n  (3) Anything done in the name of, or on behalf of, the Institute by the Board, or with the authority of the Board, is taken to have been done by the Institute.\n\n#### Subdivision B—Membership of the Board\n\n#### 9 Membership\n\n  The Board consists of the following members:\n    (a) the Chair;\n    (b) the Deputy Chair;\n    (c) the CEO;\n    (d) not more than 3 members nominated by State Health Ministers;\n    (e) not more than 6 other members.\n\n#### Subdivision C—Members of the Board\n\n#### 10 Application of this Subdivision\n\n  This Subdivision applies to members other than the CEO.\n\n> Note: Division 4 deals with the office of the CEO.\n\n#### 11 Appointment of members\n\n  Members\n  (1) A member is to be appointed by the Minister by written instrument, on a part‑time basis.\n  Chair and Deputy Chair\n  (2) The Minister must appoint one member to be the Chair and another member to be the Deputy Chair.\n  Eligibility for appointment\n  (3) A person is not eligible for appointment as a member unless the Minister is satisfied that the person has appropriate skills or experience, or significant standing, in one or more of the following fields:\n    (a) public administration in relation to health, welfare or housing;\n    (b) education;\n    (c) Aboriginal and Torres Strait Islander health and welfare;\n    (d) data and data standards;\n    (e) statistics and statistical methods;\n    (f) performance measurement and reporting;\n    (g) financial management;\n    (h) corporate management;\n    (i) consumer interests;\n    (j) law.\n\n#### 11A Term of appointment\n\n  A member holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n> Note: A member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 11B Acting appointments\n\n  (1) The Deputy Chair is to act as the Chair:\n    (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n  (2) The Minister may, by written instrument, appoint a member to act as the Deputy Chair:\n    (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Deputy Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n  (3) The Minister may, by written instrument, appoint a person to act as a member (other than the Chair or the Deputy Chair):\n    (a) during a vacancy in the office of a member (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when a member:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n#### 12 Remuneration\n\n  (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.\n  (2) A member is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 12A Leave of absence\n\n  The Minister may grant a member leave of absence on such terms and conditions as to remuneration or otherwise as the Minister determines.\n\n#### 12B Outside employment\n\n  (1) A member must not engage in any paid work that conflicts or could conflict with the proper performance of the member’s duties.\n  (2) Subsection (1) does not apply to a member who is an official of a State or Territory agency.\n\n#### 12C Other terms and conditions\n\n  A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 13 Resignation\n\n  (1) A member may resign the member’s appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 13A Termination of appointment\n\n  (1) The Minister may terminate the appointment of a member:\n    (a) for misbehaviour; or\n    (b) if the member is unable to perform the duties of the member’s office because of physical or mental incapacity.\n  (2) The Minister may terminate the appointment of the member if:\n    (a) the member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with the member’s creditors; or\n    (iv) makes an assignment of the member’s remuneration for the benefit of the member’s creditors; or\n    (b) the member is absent, except on leave of absence, from 3 consecutive meetings of the Board; or\n    (c) the member engages in paid work that conflicts or could conflict with the proper performance of the member’s duties (see section 12B).\n\n> Note: The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 13B Disclosure of interests\n\n  Neither section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests), nor any rules made for the purposes of that section, apply to a member’s interest if:\n    (a) the member is an official of a State or Territory agency; and\n    (b) the member only has the interest by reason of being an official of the State or Territory agency.\n\n#### Subdivision D—Meetings of the Board\n\n#### 14 Convening of meetings\n\n  (1) The Board must meet at least once every 4 months.\n  (2) The Chair:\n    (a) may convene a meeting at any time; and\n    (b) must convene a meeting on receipt of a written request signed by at least 3 members.\n  (3) The Minister may convene such meetings of the Board as the Minister considers necessary.\n\n#### 14A Presiding at meetings\n\n  (1) The Chair must preside at all meetings of the Board at which the Chair is present.\n  (2) If the Chair is not present at a meeting of the Board, the Deputy Chair must preside.\n\n#### 14B Quorum\n\n  (1) At a meeting of the Board, a quorum is constituted by a majority of members, which must include the Chair or the Deputy Chair.\n  (2) However, if:\n    (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n    (b) when the member leaves the meeting concerned there is no longer a quorum present;\n  the remaining members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.\n\n#### 15 Voting at meetings\n\n  (1) A question arising at a meeting of the Board is to be determined by a majority of the votes of the members present and voting.\n  (2) The person presiding at a meeting of the Board has a deliberative vote and, if the votes are equal, a casting vote.\n\n#### 15A Conduct of meetings\n\n  Subject to this Act and the Public Governance, Performance and Accountability Act 2013, the Board may regulate the procedure of its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which members may participate in meetings.\n\n#### 15B Minutes\n\n  The Board must keep minutes of its meetings.\n\n#### 15C Decisions without meetings\n\n  (1) The Board is taken to have made a decision at a meeting if:\n    (a) without meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and\n    (b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and\n    (c) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n  (2) Subsection (1) applies only if the Board:\n    (a) has determined that it may make decisions of that kind without meeting; and\n    (b) has determined the method by which members are to indicate agreement with proposed decisions.\n  (3) For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.\n  (4) The Board must keep a record of decisions made in accordance with this section.\n\n### Division 3—Committees of Institute\n\n#### 16 Committees\n\n  (1) The Institute shall appoint a committee to be known as the Australian Institute of Health and Welfare Ethics Committee.\n  (2) The functions and composition of the Ethics Committee shall be as prescribed.\n  (3) Regulations for the purpose of subsection (2) must not be inconsistent with recommendations of the CEO of the National Health and Medical Research Council.\n  (4) The Institute may appoint such other committees as it thinks fit to assist it in performing its functions.\n  (5) The functions and composition of a committee appointed under subsection (4) shall be as determined from time to time in writing by the Institute.\n  (6) The succeeding subsections of this section apply in relation to a committee appointed under subsection (1) or (4).\n  (7) The members of a committee may include members of the Board.\n  (8) A member of a committee holds office for such period as is specified in the instrument of appointment.\n  (9) A member of a committee may resign by instrument in writing delivered to the Institute.\n  (10) Except where the Minister otherwise directs in writing, a member of a committee shall be paid such remuneration as is determined by the Remuneration Tribunal.\n  (11) A member of a committee (other than a member of the Board) shall be paid such allowances as are prescribed.\n  (12) Subsections (9) and (10) have effect subject to the Remuneration Tribunal Act 1973.\n  (13) A member of a committee must disclose at a meeting of the committee any pecuniary or other interest:\n    (a) that the member has directly or indirectly in a matter being considered, or about to be considered by the committee; and\n    (b) that would conflict with the proper performance of the member’s functions in relation to the consideration of the matter.\n  The member must make the disclosure as soon as practicable after he or she knows of the relevant facts.\n  (14) The disclosure must be recorded in the minutes of the meeting.\n  (15) Subsection (13) does not apply to an interest held by a member of the Board who is an official of a State or Territory agency, merely because the member is an official of the State or Territory agency.\n\n### Division 4—Chief Executive Officer of Institute\n\n#### 17 Chief Executive Officer\n\n  There is to be a Chief Executive Officer of the Institute.\n\n#### 17A Functions of the CEO\n\n  (1) The CEO is responsible for the day‑to‑day administration of the Institute.\n  (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of the CEO’s duties.\n  (3) All acts and things done in the name of, or on behalf of, the Institute by the CEO shall be deemed to have been done by the Institute.\n  (4) The CEO is to act in accordance with policies and strategies determined by the Board.\n  Board directions\n  (5) The Board may give written directions to the CEO about the performance of the CEO’s functions.\n  (6) The CEO must comply with a direction under subsection (5).\n  (7) A direction under subsection (5) is not a legislative instrument.\n\n#### 17B Appointment\n\n  The CEO is to be appointed by the Board by written instrument.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 17C Term of appointment\n\n  The CEO holds office on a full‑time basis for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n#### 17D Acting appointments\n\n  The Board may, by written instrument, appoint a person to act as the CEO:\n    (a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n#### 18 Remuneration\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18A Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Board may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Board determines.\n\n#### 18B Outside employment\n\n  The CEO must not engage in paid work outside the duties of the CEO’s office without the Board’s approval.\n\n#### 18C Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board.\n\n#### 18D Resignation\n\n  (1) The CEO may resign the CEO’s appointment by giving the Board a written resignation.\n  (2) The resignation takes effect on the day it is received by the Board or, if a later day is specified in the resignation, on that later day.\n\n#### 18E Termination of appointment\n\n  (1) The Board may terminate the appointment of the CEO:\n    (a) for misbehaviour; or\n    (b) if the CEO is unable to perform the duties of the CEO’s office because of physical or mental incapacity.\n  (2) The Board may terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with the CEO’s creditors; or\n    (iv) makes an assignment of the CEO’s remuneration for the benefit of the CEO’s creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Board’s approval, in paid work outside the duties of the CEO’s office (see section 18B).\n\n> Note: The appointment of the CEO may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 18F Certain decisions of the Board\n\n  The CEO must not be present during any deliberation, or take part in any decision, of the Board under this Division.\n\n### Division 5—Staff\n\n#### 19 Staff\n\n  (1) The staff required for the purposes of this Act shall be:\n    (a) persons engaged under the Public Service Act 1999; and\n    (b) persons appointed or employed by the Institute.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n  (3) The Institute may engage as advisers or consultants persons having suitable qualifications and experience.\n  (4) The terms and conditions of appointment or employment of members of the staff referred to in paragraph (1)(b) are such as are determined by the Institute.\n  (5) The terms and conditions of engagement of advisers or consultants are such as are determined by the Institute.\n\n## Part III—Finance\n\n#### 20 Money to be appropriated by Parliament\n\n  (1) There is payable to the Institute such money as is appropriated by the Parliament for the purposes of the Institute.\n  (2) The Finance Minister may give directions as to the means in which, and the times at which, money referred to in subsection (1) is to be paid to the Institute.\n\n#### 22 Money of Institute\n\n  (1) The money of the Institute consists of:\n    (a) money paid to the Institute under an appropriation; and\n    (b) any other money, other than trust money, paid to the Institute.\n  (2) The money of the Institute shall be applied only:\n    (a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Institute in the performance of its functions and the exercise of its powers;\n    (b) in payment of remuneration and allowances payable under this Act; and\n    (c) in making any other payments required or permitted to be made by the Institute.\n  (3) Subsection (2) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Institute.\n\n#### 23 Contracts\n\n  The Institute must not enter into a lease of land for a period of 10 years or more without the written approval of the Minister.\n\n#### 24 Annual report\n\n  The annual report prepared by the members and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:\n    (a) particulars of each direction given under subsection 7(1) that is applicable to the period; or\n    (b) if the Board considers those particulars contain information concerning a person or are of a confidential nature—a statement that a direction under that subsection was given.\n\n#### 25 Trust money and trust property\n\n  The Institute:\n    (a) shall pay trust money into an account or accounts containing no money other than trust money;\n    (b) shall apply or deal with trust money and trust property only in accordance with the powers and duties of the Institute as trustee; and\n    (c) may only invest trust money:\n    (i) in any manner in which the Institute is authorised to invest the money by the terms of the trust; or\n    (ii) in any manner in which trust money may be lawfully invested.\n\n#### 26 Exemption from taxation\n\n  The income, property and transactions of the Institute are not subject to taxation under any law of the Commonwealth or of a State or Territory.\n\n## Part IV—Miscellaneous\n\n#### 27 Delegation by Institute\n\n  (1) The Institute may, either generally or as otherwise provided by the instrument of delegation, by writing under its common seal:\n    (a) delegate to a member;\n    (b) delegate to a member of the staff of the Institute; and\n    (c) with the approval of the Minister—delegate to any other person or body;\n  all or any of the Institute’s powers or functions under this Act, other than this power of delegation.\n  (2) A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Institute.\n  (3) A delegation does not prevent the exercise of a power or performance of a function by the Institute.\n\n#### 28 Delegation by the CEO\n\n  (1) The CEO may, in writing, delegate all or any of the CEO’s functions or powers under this Act to:\n    (a) a member of the staff of the Institute; or\n    (b) with the written approval of the Board—any other person or body.\n  (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the CEO.\n\n#### 29 Confidentiality\n\n  (1) Subject to this section, a person (in this subsection called the informed person) who has:\n    (a) any information concerning another person (which person is in this section called an information subject), being information acquired by the informed person because of:\n    (i) holding an office, engagement or appointment, or being employed, under this Act;\n    (ii) performing a duty or function, or exercising a power, under or in connection with this Act; or\n    (iii) doing any act or thing under an agreement or arrangement entered into by the Institute; or\n    (b) any document relating to another person (which person is in this section also called an information subject), being a document furnished for the purposes of this Act;\n  shall not, except for the purposes of this Act, either directly or indirectly:\n    (c) make a record of any of that information or divulge or communicate any of that information to any person (including an information subject);\n    (d) produce that document to any person (including an information subject); or\n    (e) be required to divulge or communicate any of that information to a court or to produce that document in a court.\n\nPenalty: Imprisonment for 12 months or 20 penalty units, or both.\n\n  (2) Subject to subsections (2A) and (2B), nothing in this section prohibits:\n    (a) a person from divulging or communicating information, or producing a document, to the Minister if it does not identify an information subject;\n    (b) a person from divulging or communicating information, or producing a document, to a person specified in writing by the person (in this subsection called the information provider) who divulged or communicated the information, or produced the document, directly to the Institute;\n    (c) a person from divulging or communicating information, or producing a document, to a person specified in writing by the Ethics Committee if to do so is not contrary to the written terms and conditions (if any) upon which the information provider divulged or communicated the information, or produced the document, directly to the Institute; or\n    (d) the publication of conclusions based on statistics derived from, or of particulars of procedures used in, the work of the Institute, if:\n    (i) to do so is not contrary to the written terms and conditions (if any) upon which an information provider divulged or communicated information relevant to the publication, or produced a document relevant to the publication, directly to the Institute; and\n    (ii) the publication does not identify the information subject.\n  (2A) Paragraph (2)(c) applies only to information that is health‑related or welfare‑related information and statistics.\n  (2B) Paragraph (2)(c) applies to a document only to the extent to which the document contains health‑related or welfare‑related information and statistics.\n  (3) A person to whom information is divulged or communicated, or a document is produced, under paragraph (2)(a), (b) or (c), and any person under the control of that person is, in respect of that information or document, subject to subsection (1) as if the person were a person exercising powers, or performing duties or functions, under this Act and had acquired the information or document in the exercise of those powers or the performance of those duties or functions.\n  (4) In this section:\n    (a) court includes any tribunal, authority or person having power to require the production of documents or the answering of questions;\n    (b) person includes a body or association of persons, whether incorporated or not, and also includes:\n    (i) in the case of an information provider—a body politic; or\n    (ii) in the case of an information subject—a deceased person;\n    (c) produce includes permit access to;\n    (d) publication, in relation to conclusions, statistics or particulars, includes:\n    (i) the divulging or communication to a court of the conclusions, statistics or particulars; and\n    (ii) the production to a court of a document containing the conclusions, statistics or particulars; and\n    (e) a reference to information concerning a person includes:\n    (i) a reference to information as to the whereabouts, existence or non‑existence of a document concerning a person; and\n    (ii) a reference to information identifying a person or body providing information concerning a person.\n\n#### 30 Restricted application of the Epidemiological Studies (Confidentiality) Act 1981\n\n  (1) The Epidemiological Studies (Confidentiality) Act 1981 (in this section called the Confidentiality Act) does not apply to anything done in the exercise of a power or performance of a function under this Act.\n  (2) Notwithstanding the Confidentiality Act, a person who has assisted, or is assisting in, the conduct of a prescribed study or an epidemiological study may, at the written request of the Institute:\n    (a) communicate to the Institute any information acquired by the person because of having assisted, or assisting, in the conduct of that study; and\n    (b) give the Institute access to documents prepared or obtained in the conduct of that study.\n  (3) It is a defence to a prosecution under the Confidentiality Act if it is established that the information was communicated or access to a document was given, as the case may be, in accordance with a written request by the Institute.\n  (4) In this section:\n    (a) epidemiological study has the same meaning as in the Confidentiality Act; and\n    (b) prescribed study has the same meaning as in the Confidentiality Act.\n\n#### 31 Periodical reports\n\n  (1) The Institute shall prepare and, as soon as practicable, and in any event within 6 months:\n    (a) after 31 December 1987—shall submit to the Minister a health report for the period commencing on the commencement of this Act and ending on that date; and\n    (b) after 31 December 1989 and every second 31 December thereafter—shall submit to the Minister a health report for the 2 year period ending on that 31 December.\n  (1A) The Institute must submit to the Minister:\n    (a) as soon as practicable after (and in any event within 6 months of) 30 June 1993, a welfare report prepared by the Institute for the period:\n    (i) beginning on the day on which the Australian Institute of Health Amendment Act 1992 commences; and\n    (ii) ending on 30 June 1993; and\n    (b) as soon as practicable after (and in any event within 6 months of) 30 June 1995 and every second 30 June thereafter, a welfare report for the 2 year period ending on that 30 June.\n  (2) The Institute may at any time submit to the Minister:\n    (a) a health or welfare report for any period; or\n    (b) a report in respect of any matter relating to the exercise of the powers, or the performance of the functions, of the Institute or its committees under this Act.\n  (3) A health report shall provide:\n    (a) statistics and related information concerning the health of the people of Australia; and\n    (b) an outline of the development of health‑related information and statistics by the Institute, whether by itself or in association with other persons or bodies;\n  during the period to which the report relates.\n  (3A) A welfare report must provide:\n    (a) statistics and related information concerning the provision of welfare services to the Australian people; and\n    (b) an outline of the development of welfare‑related information and statistics by the Institute, whether by itself or in association with other persons or bodies;\n  during the period to which the report relates.\n  (4) The Minister shall cause a copy of a report submitted under subsection (1) or (1A) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.\n  (5) The Minister may cause a copy of a report submitted under subsection (2) to be laid before each House of the Parliament.\n\n#### 32 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters required or permitted by this Act to be prescribed.","sortOrder":37},{"sectionNumber":"16","sectionType":"section","heading":"Committees","content":"#### 16 Committees\n\n  (1) The Institute shall appoint a committee to be known as the Australian Institute of Health and Welfare Ethics Committee.\n  (2) The functions and composition of the Ethics Committee shall be as prescribed.\n  (3) Regulations for the purpose of subsection (2) must not be inconsistent with recommendations of the CEO of the National Health and Medical Research Council.\n  (4) The Institute may appoint such other committees as it thinks fit to assist it in performing its functions.\n  (5) The functions and composition of a committee appointed under subsection (4) shall be as determined from time to time in writing by the Institute.\n  (6) The succeeding subsections of this section apply in relation to a committee appointed under subsection (1) or (4).\n  (7) The members of a committee may include members of the Board.\n  (8) A member of a committee holds office for such period as is specified in the instrument of appointment.\n  (9) A member of a committee may resign by instrument in writing delivered to the Institute.\n  (10) Except where the Minister otherwise directs in writing, a member of a committee shall be paid such remuneration as is determined by the Remuneration Tribunal.\n  (11) A member of a committee (other than a member of the Board) shall be paid such allowances as are prescribed.\n  (12) Subsections (9) and (10) have effect subject to the Remuneration Tribunal Act 1973.\n  (13) A member of a committee must disclose at a meeting of the committee any pecuniary or other interest:\n    (a) that the member has directly or indirectly in a matter being considered, or about to be considered by the committee; and\n    (b) that would conflict with the proper performance of the member’s functions in relation to the consideration of the matter.\n  The member must make the disclosure as soon as practicable after he or she knows of the relevant facts.\n  (14) The disclosure must be recorded in the minutes of the meeting.\n  (15) Subsection (13) does not apply to an interest held by a member of the Board who is an official of a State or Territory agency, merely because the member is an official of the State or Territory agency.","sortOrder":38},{"sectionNumber":"Division 4","sectionType":"division","heading":"Chief Executive Officer of Institute","content":"An Act to establish an Australian Institute of Health and Welfare, and for related purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Institute of Health and Welfare Act 1987.\n\n#### 2 Commencement\n\n  This Act shall come into operation on a day to be fixed by Proclamation.\n\n#### 2A Simplified outline of this Act\n\nThis Act establishes the Australian Institute of Health and Welfare.\n\nThe main functions of the Institute are the following:\n\n(a) to collect and produce information and statistics relating to health and welfare;\n\n(b) to coordinate and provide assistance for the collection and production of information and statistics relating to health and welfare by other bodies or persons;\n\n(c) to conduct and promote research into the health of the people of Australia and their health services;\n\n(d) to publish reports on work carried out by or in association with the Institute;\n\n(e) to make recommendations to the Minister on the prevention and treatment of diseases and the improvement and promotion of the health and health awareness of the people of Australia.\n\nThe Institute must perform its functions and exercise its powers in accordance with directions given by the Minister.\n\nThis Act also establishes the Board of the Institute. The Board’s main functions are to ensure the proper, efficient and effective performance of the Institute’s functions.\n\nThere is to be a Chief Executive Officer of the Institute. The CEO is responsible for the day‑to‑day administration of the Institute.\n\nThere is to be an Australian Institute of Health and Welfare Ethics Committee. The Institute may appoint other committees to assist the Institute in performing its functions.\n\nThis Act also deals with miscellaneous matters, including delegations, confidentiality and the power to make regulations.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Board means the Board of the Institute.\n\n> CEO means the Chief Executive Officer of the Institute.\n\n> Chair means the Chair of the Board.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> Ethics Committee means the Australian Institute of Health and Welfare Ethics Committee.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> health‑related information and statistics means information and statistics collected and produced from data relevant to health or health services.\n\n> Institute means the Australian Institute of Health and Welfare.\n\n> member means a member of the Board, and includes the Chair and the Deputy Chair.\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> production means compilation, analysis and dissemination.\n\n> State Health Minister means:\n\n    (a) the Minister of the Crown for a State;\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to health in the State, the Australian Capital Territory or the Northern Territory, as the case may be.\n\n> State Housing Minister means:\n\n    (a) the Minister of the Crown for a State; or\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to housing in the State or Territory, as the case may be.\n\n> State or Territory agency means:\n\n    (a) a Department of a State or Territory; or\n    (b) a body (whether incorporated or not) established for a public purpose by or under a law of a State or Territory.\n\n> State Welfare Minister means:\n\n    (a) the Minister of the Crown for a State; or\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to welfare in the State or Territory, as the case may be.\n\n> trust money means money received or held by the Institute on trust.\n\n> trust property means property received or held by the Institute on trust.\n\n> welfare‑related information and statistics means information and statistics collected and produced from data relevant to the provision of welfare services.\n\n> welfare services includes:\n\n    (a) aged care services; and\n    (b) child care services (including services designed to encourage or support participation by parents in educational courses, training and the labour force); and\n    (c) services for people with disabilities; and\n    (d) housing assistance (including programs designed to provide access to secure housing in the long term and programs to provide access to crisis accommodation in the short term); and\n    (e) child welfare services (including, in particular, child protection and substitute care services); and\n    (f) other community services.\n\n## Part II—Australian Institute of Health and Welfare\n\n### Division 1—Establishment, functions and powers of Institute\n\n#### 4 Establishment of Institute\n\n  (1) There is hereby established a body to be known as the Australian Institute of Health and Welfare.\n  (2) The Institute:\n    (a) is a body corporate with perpetual succession;\n    (b) shall have a common seal; and\n    (c) may sue and be sued in its corporate name.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Institute. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the common seal of the Institute affixed to a document and shall presume that it was duly affixed.\n\n#### 5 Functions of the Institute\n\n  Institute to have health‑related and welfare‑related functions\n  (1AA) The functions of the Institute are:\n    (a) the health‑related functions conferred by subsection (1); and\n    (b) the welfare‑related functions conferred by subsection (1A).\n  Health‑related functions\n  (1) The Institute’s health‑related functions are:\n    (a) to collect health‑related information and statistics, in consultation with the Australian Bureau of Statistics if necessary, whether by the Institute itself or in association with other bodies or persons;\n    (b) to produce health‑related information and statistics, whether by itself or in association with other bodies or persons;\n    (c) to co‑ordinate the collection and production of health‑related information and statistics by other bodies or persons;\n    (d) to provide assistance, including financial assistance, for the collection and production of health‑related information and statistics by other bodies or persons;\n    (e) to develop methods and undertake studies designed to assess the provision, use, cost and effectiveness of health services and health technologies;\n    (f) to conduct and promote research into the health of the people of Australia and their health services;\n    (g) to develop, in consultation with the Australian Bureau of Statistics, specialised statistical standards and classifications relevant to health and health services, and advise the Bureau on the data to be used by it for the purposes of health‑related statistics;\n    (h) subject to section 29, to enable researchers to have access to health‑related information and statistics held by the Institute or by bodies or persons with whom contracts or arrangements have been entered into by the Institute;\n    (j) to publish methodological and substantive reports on work carried out by or in association with the Institute under this subsection;\n    (k) to make recommendations to the Minister on the prevention and treatment of diseases and the improvement and promotion of the health and health awareness of the people of Australia; and\n    (m) to do anything incidental to any of the foregoing.\n  Welfare‑related functions\n  (1A) The Institute’s welfare‑related functions are:\n    (a) to collect welfare‑related information and statistics, in consultation with the Australian Bureau of Statistics if necessary, whether by the Institute itself or in association with other bodies or persons; and\n    (b) to produce welfare‑related information and statistics (whether by itself or in association with other bodies or persons); and\n    (c) to co‑ordinate the collection and production of welfare‑related information and statistics by other bodies or persons; and\n    (d) to provide assistance (including financial assistance) for the collection and production of welfare‑related information and statistics by other bodies or persons; and\n    (e) to develop, in consultation with the Australian Bureau of Statistics, specialised statistical standards and classifications relevant to welfare services; and\n    (f) subject to section 29, to enable researchers to have access to welfare‑related information and statistics held by the Institute or by bodies or persons with whom contracts or arrangements have been entered into by the Institute; and\n    (g) to publish methodological and substantive reports on work carried out by or in association with the Institute under this subsection; and\n    (h) to do anything incidental to the functions conferred by paragraphs (a) to (g).\n  Functions of Australian Bureau of Statistics not limited by this section\n  (3) This section is not intended to limit the functions of the Australian Bureau of Statistics.\n\n#### 6 Powers of Institute\n\n  The Institute has power to do all things necessary or convenient to be done for or in connection with the performance of its functions and, in particular, has power:\n    (a) to enter into contracts or arrangements, including contracts or arrangements with bodies or persons to perform functions on behalf of the Institute;\n    (b) to acquire, hold and dispose of real or personal property;\n    (c) to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Institute;\n    (d) to appoint agents and attorneys and act as an agent for other persons;\n    (e) to accept gifts, grants, devises and bequests made to the Institute, whether on trust or otherwise, and to act as trustee of money or other property vested in the Institute on trust;\n    (f) subject to section 29, to:\n    (i) release data to other bodies or persons; and\n    (ii) publish the results of any of its work; and\n    (g) to do anything incidental to any of its powers.\n\n#### 7 Directions by Minister\n\n  (1) The Minister may, by notifiable instrument, give a direction to the Institute with respect to the performance of its functions or the exercise of its powers.\n  (1A) The Minister must consult the Chair before giving any direction to the Institute.\n  (1B) The Minister must consult each State Health Minister before giving the direction if the direction relates to the Institute’s health‑related functions.\n  (1C) The Minister must consult each State Welfare Minister before giving the direction if the direction:\n    (a) relates to the Institute’s welfare‑related functions; and\n    (b) does not concern housing matters.\n  (1D) The Minister must consult each State Housing Minister before giving the direction if the direction:\n    (a) relates to the Institute’s welfare‑related functions; and\n    (b) concerns housing matters.\n  (1E) The Minister must cause a copy of any direction given under subsection (1) to be delivered, in writing, to the Chair as soon as practicable.\n  (1F) A failure to comply with subsection (1E) does not affect the validity of the direction.\n  (2) The Institute shall comply with any direction given under subsection (1).\n  (3) This section does not affect the application, in relation to the Institute, of section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities).\n\n### Division 2—Board of the Institute\n\n#### Subdivision A—Establishment and functions of the Board\n\n#### 8 Establishment of the Board\n\n  The Board of the Institute is established by this section.\n\n#### 8A Functions of the Board\n\n  (1) The functions of the Board are:\n    (a) to ensure the proper, efficient and effective performance of the Institute’s functions; and\n    (b) any other functions conferred on the Board by this Act.\n  (2) The Board has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n  (3) Anything done in the name of, or on behalf of, the Institute by the Board, or with the authority of the Board, is taken to have been done by the Institute.\n\n#### Subdivision B—Membership of the Board\n\n#### 9 Membership\n\n  The Board consists of the following members:\n    (a) the Chair;\n    (b) the Deputy Chair;\n    (c) the CEO;\n    (d) not more than 3 members nominated by State Health Ministers;\n    (e) not more than 6 other members.\n\n#### Subdivision C—Members of the Board\n\n#### 10 Application of this Subdivision\n\n  This Subdivision applies to members other than the CEO.\n\n> Note: Division 4 deals with the office of the CEO.\n\n#### 11 Appointment of members\n\n  Members\n  (1) A member is to be appointed by the Minister by written instrument, on a part‑time basis.\n  Chair and Deputy Chair\n  (2) The Minister must appoint one member to be the Chair and another member to be the Deputy Chair.\n  Eligibility for appointment\n  (3) A person is not eligible for appointment as a member unless the Minister is satisfied that the person has appropriate skills or experience, or significant standing, in one or more of the following fields:\n    (a) public administration in relation to health, welfare or housing;\n    (b) education;\n    (c) Aboriginal and Torres Strait Islander health and welfare;\n    (d) data and data standards;\n    (e) statistics and statistical methods;\n    (f) performance measurement and reporting;\n    (g) financial management;\n    (h) corporate management;\n    (i) consumer interests;\n    (j) law.\n\n#### 11A Term of appointment\n\n  A member holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n> Note: A member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 11B Acting appointments\n\n  (1) The Deputy Chair is to act as the Chair:\n    (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n  (2) The Minister may, by written instrument, appoint a member to act as the Deputy Chair:\n    (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Deputy Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n  (3) The Minister may, by written instrument, appoint a person to act as a member (other than the Chair or the Deputy Chair):\n    (a) during a vacancy in the office of a member (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when a member:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n#### 12 Remuneration\n\n  (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.\n  (2) A member is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 12A Leave of absence\n\n  The Minister may grant a member leave of absence on such terms and conditions as to remuneration or otherwise as the Minister determines.\n\n#### 12B Outside employment\n\n  (1) A member must not engage in any paid work that conflicts or could conflict with the proper performance of the member’s duties.\n  (2) Subsection (1) does not apply to a member who is an official of a State or Territory agency.\n\n#### 12C Other terms and conditions\n\n  A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 13 Resignation\n\n  (1) A member may resign the member’s appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 13A Termination of appointment\n\n  (1) The Minister may terminate the appointment of a member:\n    (a) for misbehaviour; or\n    (b) if the member is unable to perform the duties of the member’s office because of physical or mental incapacity.\n  (2) The Minister may terminate the appointment of the member if:\n    (a) the member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with the member’s creditors; or\n    (iv) makes an assignment of the member’s remuneration for the benefit of the member’s creditors; or\n    (b) the member is absent, except on leave of absence, from 3 consecutive meetings of the Board; or\n    (c) the member engages in paid work that conflicts or could conflict with the proper performance of the member’s duties (see section 12B).\n\n> Note: The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 13B Disclosure of interests\n\n  Neither section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests), nor any rules made for the purposes of that section, apply to a member’s interest if:\n    (a) the member is an official of a State or Territory agency; and\n    (b) the member only has the interest by reason of being an official of the State or Territory agency.\n\n#### Subdivision D—Meetings of the Board\n\n#### 14 Convening of meetings\n\n  (1) The Board must meet at least once every 4 months.\n  (2) The Chair:\n    (a) may convene a meeting at any time; and\n    (b) must convene a meeting on receipt of a written request signed by at least 3 members.\n  (3) The Minister may convene such meetings of the Board as the Minister considers necessary.\n\n#### 14A Presiding at meetings\n\n  (1) The Chair must preside at all meetings of the Board at which the Chair is present.\n  (2) If the Chair is not present at a meeting of the Board, the Deputy Chair must preside.\n\n#### 14B Quorum\n\n  (1) At a meeting of the Board, a quorum is constituted by a majority of members, which must include the Chair or the Deputy Chair.\n  (2) However, if:\n    (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n    (b) when the member leaves the meeting concerned there is no longer a quorum present;\n  the remaining members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.\n\n#### 15 Voting at meetings\n\n  (1) A question arising at a meeting of the Board is to be determined by a majority of the votes of the members present and voting.\n  (2) The person presiding at a meeting of the Board has a deliberative vote and, if the votes are equal, a casting vote.\n\n#### 15A Conduct of meetings\n\n  Subject to this Act and the Public Governance, Performance and Accountability Act 2013, the Board may regulate the procedure of its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which members may participate in meetings.\n\n#### 15B Minutes\n\n  The Board must keep minutes of its meetings.\n\n#### 15C Decisions without meetings\n\n  (1) The Board is taken to have made a decision at a meeting if:\n    (a) without meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and\n    (b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and\n    (c) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n  (2) Subsection (1) applies only if the Board:\n    (a) has determined that it may make decisions of that kind without meeting; and\n    (b) has determined the method by which members are to indicate agreement with proposed decisions.\n  (3) For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.\n  (4) The Board must keep a record of decisions made in accordance with this section.\n\n### Division 3—Committees of Institute\n\n#### 16 Committees\n\n  (1) The Institute shall appoint a committee to be known as the Australian Institute of Health and Welfare Ethics Committee.\n  (2) The functions and composition of the Ethics Committee shall be as prescribed.\n  (3) Regulations for the purpose of subsection (2) must not be inconsistent with recommendations of the CEO of the National Health and Medical Research Council.\n  (4) The Institute may appoint such other committees as it thinks fit to assist it in performing its functions.\n  (5) The functions and composition of a committee appointed under subsection (4) shall be as determined from time to time in writing by the Institute.\n  (6) The succeeding subsections of this section apply in relation to a committee appointed under subsection (1) or (4).\n  (7) The members of a committee may include members of the Board.\n  (8) A member of a committee holds office for such period as is specified in the instrument of appointment.\n  (9) A member of a committee may resign by instrument in writing delivered to the Institute.\n  (10) Except where the Minister otherwise directs in writing, a member of a committee shall be paid such remuneration as is determined by the Remuneration Tribunal.\n  (11) A member of a committee (other than a member of the Board) shall be paid such allowances as are prescribed.\n  (12) Subsections (9) and (10) have effect subject to the Remuneration Tribunal Act 1973.\n  (13) A member of a committee must disclose at a meeting of the committee any pecuniary or other interest:\n    (a) that the member has directly or indirectly in a matter being considered, or about to be considered by the committee; and\n    (b) that would conflict with the proper performance of the member’s functions in relation to the consideration of the matter.\n  The member must make the disclosure as soon as practicable after he or she knows of the relevant facts.\n  (14) The disclosure must be recorded in the minutes of the meeting.\n  (15) Subsection (13) does not apply to an interest held by a member of the Board who is an official of a State or Territory agency, merely because the member is an official of the State or Territory agency.\n\n### Division 4—Chief Executive Officer of Institute\n\n#### 17 Chief Executive Officer\n\n  There is to be a Chief Executive Officer of the Institute.\n\n#### 17A Functions of the CEO\n\n  (1) The CEO is responsible for the day‑to‑day administration of the Institute.\n  (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of the CEO’s duties.\n  (3) All acts and things done in the name of, or on behalf of, the Institute by the CEO shall be deemed to have been done by the Institute.\n  (4) The CEO is to act in accordance with policies and strategies determined by the Board.\n  Board directions\n  (5) The Board may give written directions to the CEO about the performance of the CEO’s functions.\n  (6) The CEO must comply with a direction under subsection (5).\n  (7) A direction under subsection (5) is not a legislative instrument.\n\n#### 17B Appointment\n\n  The CEO is to be appointed by the Board by written instrument.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 17C Term of appointment\n\n  The CEO holds office on a full‑time basis for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n#### 17D Acting appointments\n\n  The Board may, by written instrument, appoint a person to act as the CEO:\n    (a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n#### 18 Remuneration\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18A Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Board may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Board determines.\n\n#### 18B Outside employment\n\n  The CEO must not engage in paid work outside the duties of the CEO’s office without the Board’s approval.\n\n#### 18C Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board.\n\n#### 18D Resignation\n\n  (1) The CEO may resign the CEO’s appointment by giving the Board a written resignation.\n  (2) The resignation takes effect on the day it is received by the Board or, if a later day is specified in the resignation, on that later day.\n\n#### 18E Termination of appointment\n\n  (1) The Board may terminate the appointment of the CEO:\n    (a) for misbehaviour; or\n    (b) if the CEO is unable to perform the duties of the CEO’s office because of physical or mental incapacity.\n  (2) The Board may terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with the CEO’s creditors; or\n    (iv) makes an assignment of the CEO’s remuneration for the benefit of the CEO’s creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Board’s approval, in paid work outside the duties of the CEO’s office (see section 18B).\n\n> Note: The appointment of the CEO may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 18F Certain decisions of the Board\n\n  The CEO must not be present during any deliberation, or take part in any decision, of the Board under this Division.\n\n### Division 5—Staff\n\n#### 19 Staff\n\n  (1) The staff required for the purposes of this Act shall be:\n    (a) persons engaged under the Public Service Act 1999; and\n    (b) persons appointed or employed by the Institute.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n  (3) The Institute may engage as advisers or consultants persons having suitable qualifications and experience.\n  (4) The terms and conditions of appointment or employment of members of the staff referred to in paragraph (1)(b) are such as are determined by the Institute.\n  (5) The terms and conditions of engagement of advisers or consultants are such as are determined by the Institute.\n\n## Part III—Finance\n\n#### 20 Money to be appropriated by Parliament\n\n  (1) There is payable to the Institute such money as is appropriated by the Parliament for the purposes of the Institute.\n  (2) The Finance Minister may give directions as to the means in which, and the times at which, money referred to in subsection (1) is to be paid to the Institute.\n\n#### 22 Money of Institute\n\n  (1) The money of the Institute consists of:\n    (a) money paid to the Institute under an appropriation; and\n    (b) any other money, other than trust money, paid to the Institute.\n  (2) The money of the Institute shall be applied only:\n    (a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Institute in the performance of its functions and the exercise of its powers;\n    (b) in payment of remuneration and allowances payable under this Act; and\n    (c) in making any other payments required or permitted to be made by the Institute.\n  (3) Subsection (2) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Institute.\n\n#### 23 Contracts\n\n  The Institute must not enter into a lease of land for a period of 10 years or more without the written approval of the Minister.\n\n#### 24 Annual report\n\n  The annual report prepared by the members and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:\n    (a) particulars of each direction given under subsection 7(1) that is applicable to the period; or\n    (b) if the Board considers those particulars contain information concerning a person or are of a confidential nature—a statement that a direction under that subsection was given.\n\n#### 25 Trust money and trust property\n\n  The Institute:\n    (a) shall pay trust money into an account or accounts containing no money other than trust money;\n    (b) shall apply or deal with trust money and trust property only in accordance with the powers and duties of the Institute as trustee; and\n    (c) may only invest trust money:\n    (i) in any manner in which the Institute is authorised to invest the money by the terms of the trust; or\n    (ii) in any manner in which trust money may be lawfully invested.\n\n#### 26 Exemption from taxation\n\n  The income, property and transactions of the Institute are not subject to taxation under any law of the Commonwealth or of a State or Territory.\n\n## Part IV—Miscellaneous\n\n#### 27 Delegation by Institute\n\n  (1) The Institute may, either generally or as otherwise provided by the instrument of delegation, by writing under its common seal:\n    (a) delegate to a member;\n    (b) delegate to a member of the staff of the Institute; and\n    (c) with the approval of the Minister—delegate to any other person or body;\n  all or any of the Institute’s powers or functions under this Act, other than this power of delegation.\n  (2) A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Institute.\n  (3) A delegation does not prevent the exercise of a power or performance of a function by the Institute.\n\n#### 28 Delegation by the CEO\n\n  (1) The CEO may, in writing, delegate all or any of the CEO’s functions or powers under this Act to:\n    (a) a member of the staff of the Institute; or\n    (b) with the written approval of the Board—any other person or body.\n  (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the CEO.\n\n#### 29 Confidentiality\n\n  (1) Subject to this section, a person (in this subsection called the informed person) who has:\n    (a) any information concerning another person (which person is in this section called an information subject), being information acquired by the informed person because of:\n    (i) holding an office, engagement or appointment, or being employed, under this Act;\n    (ii) performing a duty or function, or exercising a power, under or in connection with this Act; or\n    (iii) doing any act or thing under an agreement or arrangement entered into by the Institute; or\n    (b) any document relating to another person (which person is in this section also called an information subject), being a document furnished for the purposes of this Act;\n  shall not, except for the purposes of this Act, either directly or indirectly:\n    (c) make a record of any of that information or divulge or communicate any of that information to any person (including an information subject);\n    (d) produce that document to any person (including an information subject); or\n    (e) be required to divulge or communicate any of that information to a court or to produce that document in a court.\n\nPenalty: Imprisonment for 12 months or 20 penalty units, or both.\n\n  (2) Subject to subsections (2A) and (2B), nothing in this section prohibits:\n    (a) a person from divulging or communicating information, or producing a document, to the Minister if it does not identify an information subject;\n    (b) a person from divulging or communicating information, or producing a document, to a person specified in writing by the person (in this subsection called the information provider) who divulged or communicated the information, or produced the document, directly to the Institute;\n    (c) a person from divulging or communicating information, or producing a document, to a person specified in writing by the Ethics Committee if to do so is not contrary to the written terms and conditions (if any) upon which the information provider divulged or communicated the information, or produced the document, directly to the Institute; or\n    (d) the publication of conclusions based on statistics derived from, or of particulars of procedures used in, the work of the Institute, if:\n    (i) to do so is not contrary to the written terms and conditions (if any) upon which an information provider divulged or communicated information relevant to the publication, or produced a document relevant to the publication, directly to the Institute; and\n    (ii) the publication does not identify the information subject.\n  (2A) Paragraph (2)(c) applies only to information that is health‑related or welfare‑related information and statistics.\n  (2B) Paragraph (2)(c) applies to a document only to the extent to which the document contains health‑related or welfare‑related information and statistics.\n  (3) A person to whom information is divulged or communicated, or a document is produced, under paragraph (2)(a), (b) or (c), and any person under the control of that person is, in respect of that information or document, subject to subsection (1) as if the person were a person exercising powers, or performing duties or functions, under this Act and had acquired the information or document in the exercise of those powers or the performance of those duties or functions.\n  (4) In this section:\n    (a) court includes any tribunal, authority or person having power to require the production of documents or the answering of questions;\n    (b) person includes a body or association of persons, whether incorporated or not, and also includes:\n    (i) in the case of an information provider—a body politic; or\n    (ii) in the case of an information subject—a deceased person;\n    (c) produce includes permit access to;\n    (d) publication, in relation to conclusions, statistics or particulars, includes:\n    (i) the divulging or communication to a court of the conclusions, statistics or particulars; and\n    (ii) the production to a court of a document containing the conclusions, statistics or particulars; and\n    (e) a reference to information concerning a person includes:\n    (i) a reference to information as to the whereabouts, existence or non‑existence of a document concerning a person; and\n    (ii) a reference to information identifying a person or body providing information concerning a person.\n\n#### 30 Restricted application of the Epidemiological Studies (Confidentiality) Act 1981\n\n  (1) The Epidemiological Studies (Confidentiality) Act 1981 (in this section called the Confidentiality Act) does not apply to anything done in the exercise of a power or performance of a function under this Act.\n  (2) Notwithstanding the Confidentiality Act, a person who has assisted, or is assisting in, the conduct of a prescribed study or an epidemiological study may, at the written request of the Institute:\n    (a) communicate to the Institute any information acquired by the person because of having assisted, or assisting, in the conduct of that study; and\n    (b) give the Institute access to documents prepared or obtained in the conduct of that study.\n  (3) It is a defence to a prosecution under the Confidentiality Act if it is established that the information was communicated or access to a document was given, as the case may be, in accordance with a written request by the Institute.\n  (4) In this section:\n    (a) epidemiological study has the same meaning as in the Confidentiality Act; and\n    (b) prescribed study has the same meaning as in the Confidentiality Act.\n\n#### 31 Periodical reports\n\n  (1) The Institute shall prepare and, as soon as practicable, and in any event within 6 months:\n    (a) after 31 December 1987—shall submit to the Minister a health report for the period commencing on the commencement of this Act and ending on that date; and\n    (b) after 31 December 1989 and every second 31 December thereafter—shall submit to the Minister a health report for the 2 year period ending on that 31 December.\n  (1A) The Institute must submit to the Minister:\n    (a) as soon as practicable after (and in any event within 6 months of) 30 June 1993, a welfare report prepared by the Institute for the period:\n    (i) beginning on the day on which the Australian Institute of Health Amendment Act 1992 commences; and\n    (ii) ending on 30 June 1993; and\n    (b) as soon as practicable after (and in any event within 6 months of) 30 June 1995 and every second 30 June thereafter, a welfare report for the 2 year period ending on that 30 June.\n  (2) The Institute may at any time submit to the Minister:\n    (a) a health or welfare report for any period; or\n    (b) a report in respect of any matter relating to the exercise of the powers, or the performance of the functions, of the Institute or its committees under this Act.\n  (3) A health report shall provide:\n    (a) statistics and related information concerning the health of the people of Australia; and\n    (b) an outline of the development of health‑related information and statistics by the Institute, whether by itself or in association with other persons or bodies;\n  during the period to which the report relates.\n  (3A) A welfare report must provide:\n    (a) statistics and related information concerning the provision of welfare services to the Australian people; and\n    (b) an outline of the development of welfare‑related information and statistics by the Institute, whether by itself or in association with other persons or bodies;\n  during the period to which the report relates.\n  (4) The Minister shall cause a copy of a report submitted under subsection (1) or (1A) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.\n  (5) The Minister may cause a copy of a report submitted under subsection (2) to be laid before each House of the Parliament.\n\n#### 32 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters required or permitted by this Act to be prescribed.","sortOrder":39},{"sectionNumber":"17","sectionType":"section","heading":"Chief Executive Officer","content":"#### 17 Chief Executive Officer\n\n  There is to be a Chief Executive Officer of the Institute.","sortOrder":40},{"sectionNumber":"17A","sectionType":"section","heading":"Functions of the CEO","content":"#### 17A Functions of the CEO\n\n  (1) The CEO is responsible for the day‑to‑day administration of the Institute.\n  (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of the CEO’s duties.\n  (3) All acts and things done in the name of, or on behalf of, the Institute by the CEO shall be deemed to have been done by the Institute.\n  (4) The CEO is to act in accordance with policies and strategies determined by the Board.\n  Board directions\n  (5) The Board may give written directions to the CEO about the performance of the CEO’s functions.\n  (6) The CEO must comply with a direction under subsection (5).\n  (7) A direction under subsection (5) is not a legislative instrument.","sortOrder":41},{"sectionNumber":"17B","sectionType":"section","heading":"Appointment","content":"#### 17B Appointment\n\n  The CEO is to be appointed by the Board by written instrument.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.","sortOrder":42},{"sectionNumber":"17C","sectionType":"section","heading":"Term of appointment","content":"#### 17C Term of appointment\n\n  The CEO holds office on a full‑time basis for the period specified in the instrument of appointment. The period must not exceed 5 years.","sortOrder":43},{"sectionNumber":"17D","sectionType":"section","heading":"Acting appointments","content":"#### 17D Acting appointments\n\n  The Board may, by written instrument, appoint a person to act as the CEO:\n    (a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.","sortOrder":44},{"sectionNumber":"18","sectionType":"section","heading":"Remuneration","content":"#### 18 Remuneration\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":45},{"sectionNumber":"18A","sectionType":"section","heading":"Leave of absence","content":"#### 18A Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Board may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Board determines.","sortOrder":46},{"sectionNumber":"18B","sectionType":"section","heading":"Outside employment","content":"#### 18B Outside employment\n\n  The CEO must not engage in paid work outside the duties of the CEO’s office without the Board’s approval.","sortOrder":47},{"sectionNumber":"18C","sectionType":"section","heading":"Other terms and conditions","content":"#### 18C Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board.","sortOrder":48},{"sectionNumber":"18D","sectionType":"section","heading":"Resignation","content":"#### 18D Resignation\n\n  (1) The CEO may resign the CEO’s appointment by giving the Board a written resignation.\n  (2) The resignation takes effect on the day it is received by the Board or, if a later day is specified in the resignation, on that later day.","sortOrder":49},{"sectionNumber":"18E","sectionType":"section","heading":"Termination of appointment","content":"#### 18E Termination of appointment\n\n  (1) The Board may terminate the appointment of the CEO:\n    (a) for misbehaviour; or\n    (b) if the CEO is unable to perform the duties of the CEO’s office because of physical or mental incapacity.\n  (2) The Board may terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with the CEO’s creditors; or\n    (iv) makes an assignment of the CEO’s remuneration for the benefit of the CEO’s creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Board’s approval, in paid work outside the duties of the CEO’s office (see section 18B).\n\n> Note: The appointment of the CEO may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).","sortOrder":50},{"sectionNumber":"18F","sectionType":"section","heading":"Certain decisions of the Board","content":"#### 18F Certain decisions of the Board\n\n  The CEO must not be present during any deliberation, or take part in any decision, of the Board under this Division.","sortOrder":51},{"sectionNumber":"Division 5","sectionType":"division","heading":"Staff","content":"An Act to establish an Australian Institute of Health and Welfare, and for related purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Institute of Health and Welfare Act 1987.\n\n#### 2 Commencement\n\n  This Act shall come into operation on a day to be fixed by Proclamation.\n\n#### 2A Simplified outline of this Act\n\nThis Act establishes the Australian Institute of Health and Welfare.\n\nThe main functions of the Institute are the following:\n\n(a) to collect and produce information and statistics relating to health and welfare;\n\n(b) to coordinate and provide assistance for the collection and production of information and statistics relating to health and welfare by other bodies or persons;\n\n(c) to conduct and promote research into the health of the people of Australia and their health services;\n\n(d) to publish reports on work carried out by or in association with the Institute;\n\n(e) to make recommendations to the Minister on the prevention and treatment of diseases and the improvement and promotion of the health and health awareness of the people of Australia.\n\nThe Institute must perform its functions and exercise its powers in accordance with directions given by the Minister.\n\nThis Act also establishes the Board of the Institute. The Board’s main functions are to ensure the proper, efficient and effective performance of the Institute’s functions.\n\nThere is to be a Chief Executive Officer of the Institute. The CEO is responsible for the day‑to‑day administration of the Institute.\n\nThere is to be an Australian Institute of Health and Welfare Ethics Committee. The Institute may appoint other committees to assist the Institute in performing its functions.\n\nThis Act also deals with miscellaneous matters, including delegations, confidentiality and the power to make regulations.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Board means the Board of the Institute.\n\n> CEO means the Chief Executive Officer of the Institute.\n\n> Chair means the Chair of the Board.\n\n> Deputy Chair means the Deputy Chair of the Board.\n\n> Ethics Committee means the Australian Institute of Health and Welfare Ethics Committee.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> health‑related information and statistics means information and statistics collected and produced from data relevant to health or health services.\n\n> Institute means the Australian Institute of Health and Welfare.\n\n> member means a member of the Board, and includes the Chair and the Deputy Chair.\n\n> paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).\n\n> production means compilation, analysis and dissemination.\n\n> State Health Minister means:\n\n    (a) the Minister of the Crown for a State;\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to health in the State, the Australian Capital Territory or the Northern Territory, as the case may be.\n\n> State Housing Minister means:\n\n    (a) the Minister of the Crown for a State; or\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to housing in the State or Territory, as the case may be.\n\n> State or Territory agency means:\n\n    (a) a Department of a State or Territory; or\n    (b) a body (whether incorporated or not) established for a public purpose by or under a law of a State or Territory.\n\n> State Welfare Minister means:\n\n    (a) the Minister of the Crown for a State; or\n    (b) the Minister of the Australian Capital Territory; or\n    (c) the Minister of the Northern Territory;\n  who is responsible, or principally responsible, for the administration of matters relating to welfare in the State or Territory, as the case may be.\n\n> trust money means money received or held by the Institute on trust.\n\n> trust property means property received or held by the Institute on trust.\n\n> welfare‑related information and statistics means information and statistics collected and produced from data relevant to the provision of welfare services.\n\n> welfare services includes:\n\n    (a) aged care services; and\n    (b) child care services (including services designed to encourage or support participation by parents in educational courses, training and the labour force); and\n    (c) services for people with disabilities; and\n    (d) housing assistance (including programs designed to provide access to secure housing in the long term and programs to provide access to crisis accommodation in the short term); and\n    (e) child welfare services (including, in particular, child protection and substitute care services); and\n    (f) other community services.\n\n## Part II—Australian Institute of Health and Welfare\n\n### Division 1—Establishment, functions and powers of Institute\n\n#### 4 Establishment of Institute\n\n  (1) There is hereby established a body to be known as the Australian Institute of Health and Welfare.\n  (2) The Institute:\n    (a) is a body corporate with perpetual succession;\n    (b) shall have a common seal; and\n    (c) may sue and be sued in its corporate name.\n\n> Note: The Public Governance, Performance and Accountability Act 2013 applies to the Institute. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.\n\n  (3) All courts, judges and persons acting judicially shall take judicial notice of the imprint of the common seal of the Institute affixed to a document and shall presume that it was duly affixed.\n\n#### 5 Functions of the Institute\n\n  Institute to have health‑related and welfare‑related functions\n  (1AA) The functions of the Institute are:\n    (a) the health‑related functions conferred by subsection (1); and\n    (b) the welfare‑related functions conferred by subsection (1A).\n  Health‑related functions\n  (1) The Institute’s health‑related functions are:\n    (a) to collect health‑related information and statistics, in consultation with the Australian Bureau of Statistics if necessary, whether by the Institute itself or in association with other bodies or persons;\n    (b) to produce health‑related information and statistics, whether by itself or in association with other bodies or persons;\n    (c) to co‑ordinate the collection and production of health‑related information and statistics by other bodies or persons;\n    (d) to provide assistance, including financial assistance, for the collection and production of health‑related information and statistics by other bodies or persons;\n    (e) to develop methods and undertake studies designed to assess the provision, use, cost and effectiveness of health services and health technologies;\n    (f) to conduct and promote research into the health of the people of Australia and their health services;\n    (g) to develop, in consultation with the Australian Bureau of Statistics, specialised statistical standards and classifications relevant to health and health services, and advise the Bureau on the data to be used by it for the purposes of health‑related statistics;\n    (h) subject to section 29, to enable researchers to have access to health‑related information and statistics held by the Institute or by bodies or persons with whom contracts or arrangements have been entered into by the Institute;\n    (j) to publish methodological and substantive reports on work carried out by or in association with the Institute under this subsection;\n    (k) to make recommendations to the Minister on the prevention and treatment of diseases and the improvement and promotion of the health and health awareness of the people of Australia; and\n    (m) to do anything incidental to any of the foregoing.\n  Welfare‑related functions\n  (1A) The Institute’s welfare‑related functions are:\n    (a) to collect welfare‑related information and statistics, in consultation with the Australian Bureau of Statistics if necessary, whether by the Institute itself or in association with other bodies or persons; and\n    (b) to produce welfare‑related information and statistics (whether by itself or in association with other bodies or persons); and\n    (c) to co‑ordinate the collection and production of welfare‑related information and statistics by other bodies or persons; and\n    (d) to provide assistance (including financial assistance) for the collection and production of welfare‑related information and statistics by other bodies or persons; and\n    (e) to develop, in consultation with the Australian Bureau of Statistics, specialised statistical standards and classifications relevant to welfare services; and\n    (f) subject to section 29, to enable researchers to have access to welfare‑related information and statistics held by the Institute or by bodies or persons with whom contracts or arrangements have been entered into by the Institute; and\n    (g) to publish methodological and substantive reports on work carried out by or in association with the Institute under this subsection; and\n    (h) to do anything incidental to the functions conferred by paragraphs (a) to (g).\n  Functions of Australian Bureau of Statistics not limited by this section\n  (3) This section is not intended to limit the functions of the Australian Bureau of Statistics.\n\n#### 6 Powers of Institute\n\n  The Institute has power to do all things necessary or convenient to be done for or in connection with the performance of its functions and, in particular, has power:\n    (a) to enter into contracts or arrangements, including contracts or arrangements with bodies or persons to perform functions on behalf of the Institute;\n    (b) to acquire, hold and dispose of real or personal property;\n    (c) to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Institute;\n    (d) to appoint agents and attorneys and act as an agent for other persons;\n    (e) to accept gifts, grants, devises and bequests made to the Institute, whether on trust or otherwise, and to act as trustee of money or other property vested in the Institute on trust;\n    (f) subject to section 29, to:\n    (i) release data to other bodies or persons; and\n    (ii) publish the results of any of its work; and\n    (g) to do anything incidental to any of its powers.\n\n#### 7 Directions by Minister\n\n  (1) The Minister may, by notifiable instrument, give a direction to the Institute with respect to the performance of its functions or the exercise of its powers.\n  (1A) The Minister must consult the Chair before giving any direction to the Institute.\n  (1B) The Minister must consult each State Health Minister before giving the direction if the direction relates to the Institute’s health‑related functions.\n  (1C) The Minister must consult each State Welfare Minister before giving the direction if the direction:\n    (a) relates to the Institute’s welfare‑related functions; and\n    (b) does not concern housing matters.\n  (1D) The Minister must consult each State Housing Minister before giving the direction if the direction:\n    (a) relates to the Institute’s welfare‑related functions; and\n    (b) concerns housing matters.\n  (1E) The Minister must cause a copy of any direction given under subsection (1) to be delivered, in writing, to the Chair as soon as practicable.\n  (1F) A failure to comply with subsection (1E) does not affect the validity of the direction.\n  (2) The Institute shall comply with any direction given under subsection (1).\n  (3) This section does not affect the application, in relation to the Institute, of section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities).\n\n### Division 2—Board of the Institute\n\n#### Subdivision A—Establishment and functions of the Board\n\n#### 8 Establishment of the Board\n\n  The Board of the Institute is established by this section.\n\n#### 8A Functions of the Board\n\n  (1) The functions of the Board are:\n    (a) to ensure the proper, efficient and effective performance of the Institute’s functions; and\n    (b) any other functions conferred on the Board by this Act.\n  (2) The Board has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.\n  (3) Anything done in the name of, or on behalf of, the Institute by the Board, or with the authority of the Board, is taken to have been done by the Institute.\n\n#### Subdivision B—Membership of the Board\n\n#### 9 Membership\n\n  The Board consists of the following members:\n    (a) the Chair;\n    (b) the Deputy Chair;\n    (c) the CEO;\n    (d) not more than 3 members nominated by State Health Ministers;\n    (e) not more than 6 other members.\n\n#### Subdivision C—Members of the Board\n\n#### 10 Application of this Subdivision\n\n  This Subdivision applies to members other than the CEO.\n\n> Note: Division 4 deals with the office of the CEO.\n\n#### 11 Appointment of members\n\n  Members\n  (1) A member is to be appointed by the Minister by written instrument, on a part‑time basis.\n  Chair and Deputy Chair\n  (2) The Minister must appoint one member to be the Chair and another member to be the Deputy Chair.\n  Eligibility for appointment\n  (3) A person is not eligible for appointment as a member unless the Minister is satisfied that the person has appropriate skills or experience, or significant standing, in one or more of the following fields:\n    (a) public administration in relation to health, welfare or housing;\n    (b) education;\n    (c) Aboriginal and Torres Strait Islander health and welfare;\n    (d) data and data standards;\n    (e) statistics and statistical methods;\n    (f) performance measurement and reporting;\n    (g) financial management;\n    (h) corporate management;\n    (i) consumer interests;\n    (j) law.\n\n#### 11A Term of appointment\n\n  A member holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n> Note: A member may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 11B Acting appointments\n\n  (1) The Deputy Chair is to act as the Chair:\n    (a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n  (2) The Minister may, by written instrument, appoint a member to act as the Deputy Chair:\n    (a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the Deputy Chair:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n  (3) The Minister may, by written instrument, appoint a person to act as a member (other than the Chair or the Deputy Chair):\n    (a) during a vacancy in the office of a member (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when a member:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n#### 12 Remuneration\n\n  (1) A member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by the regulations.\n  (2) A member is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 12A Leave of absence\n\n  The Minister may grant a member leave of absence on such terms and conditions as to remuneration or otherwise as the Minister determines.\n\n#### 12B Outside employment\n\n  (1) A member must not engage in any paid work that conflicts or could conflict with the proper performance of the member’s duties.\n  (2) Subsection (1) does not apply to a member who is an official of a State or Territory agency.\n\n#### 12C Other terms and conditions\n\n  A member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.\n\n#### 13 Resignation\n\n  (1) A member may resign the member’s appointment by giving the Minister a written resignation.\n  (2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.\n\n#### 13A Termination of appointment\n\n  (1) The Minister may terminate the appointment of a member:\n    (a) for misbehaviour; or\n    (b) if the member is unable to perform the duties of the member’s office because of physical or mental incapacity.\n  (2) The Minister may terminate the appointment of the member if:\n    (a) the member:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with the member’s creditors; or\n    (iv) makes an assignment of the member’s remuneration for the benefit of the member’s creditors; or\n    (b) the member is absent, except on leave of absence, from 3 consecutive meetings of the Board; or\n    (c) the member engages in paid work that conflicts or could conflict with the proper performance of the member’s duties (see section 12B).\n\n> Note: The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 13B Disclosure of interests\n\n  Neither section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests), nor any rules made for the purposes of that section, apply to a member’s interest if:\n    (a) the member is an official of a State or Territory agency; and\n    (b) the member only has the interest by reason of being an official of the State or Territory agency.\n\n#### Subdivision D—Meetings of the Board\n\n#### 14 Convening of meetings\n\n  (1) The Board must meet at least once every 4 months.\n  (2) The Chair:\n    (a) may convene a meeting at any time; and\n    (b) must convene a meeting on receipt of a written request signed by at least 3 members.\n  (3) The Minister may convene such meetings of the Board as the Minister considers necessary.\n\n#### 14A Presiding at meetings\n\n  (1) The Chair must preside at all meetings of the Board at which the Chair is present.\n  (2) If the Chair is not present at a meeting of the Board, the Deputy Chair must preside.\n\n#### 14B Quorum\n\n  (1) At a meeting of the Board, a quorum is constituted by a majority of members, which must include the Chair or the Deputy Chair.\n  (2) However, if:\n    (a) a member is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during deliberations, or to take part in any decision, of the Board with respect to a particular matter; and\n    (b) when the member leaves the meeting concerned there is no longer a quorum present;\n  the remaining members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.\n\n#### 15 Voting at meetings\n\n  (1) A question arising at a meeting of the Board is to be determined by a majority of the votes of the members present and voting.\n  (2) The person presiding at a meeting of the Board has a deliberative vote and, if the votes are equal, a casting vote.\n\n#### 15A Conduct of meetings\n\n  Subject to this Act and the Public Governance, Performance and Accountability Act 2013, the Board may regulate the procedure of its meetings as it considers appropriate.\n\n> Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which members may participate in meetings.\n\n#### 15B Minutes\n\n  The Board must keep minutes of its meetings.\n\n#### 15C Decisions without meetings\n\n  (1) The Board is taken to have made a decision at a meeting if:\n    (a) without meeting, a majority of the members entitled to vote on the proposed decision indicate agreement with the decision; and\n    (b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and\n    (c) all the members were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.\n  (2) Subsection (1) applies only if the Board:\n    (a) has determined that it may make decisions of that kind without meeting; and\n    (b) has determined the method by which members are to indicate agreement with proposed decisions.\n  (3) For the purposes of paragraph (1)(a), a member is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.\n  (4) The Board must keep a record of decisions made in accordance with this section.\n\n### Division 3—Committees of Institute\n\n#### 16 Committees\n\n  (1) The Institute shall appoint a committee to be known as the Australian Institute of Health and Welfare Ethics Committee.\n  (2) The functions and composition of the Ethics Committee shall be as prescribed.\n  (3) Regulations for the purpose of subsection (2) must not be inconsistent with recommendations of the CEO of the National Health and Medical Research Council.\n  (4) The Institute may appoint such other committees as it thinks fit to assist it in performing its functions.\n  (5) The functions and composition of a committee appointed under subsection (4) shall be as determined from time to time in writing by the Institute.\n  (6) The succeeding subsections of this section apply in relation to a committee appointed under subsection (1) or (4).\n  (7) The members of a committee may include members of the Board.\n  (8) A member of a committee holds office for such period as is specified in the instrument of appointment.\n  (9) A member of a committee may resign by instrument in writing delivered to the Institute.\n  (10) Except where the Minister otherwise directs in writing, a member of a committee shall be paid such remuneration as is determined by the Remuneration Tribunal.\n  (11) A member of a committee (other than a member of the Board) shall be paid such allowances as are prescribed.\n  (12) Subsections (9) and (10) have effect subject to the Remuneration Tribunal Act 1973.\n  (13) A member of a committee must disclose at a meeting of the committee any pecuniary or other interest:\n    (a) that the member has directly or indirectly in a matter being considered, or about to be considered by the committee; and\n    (b) that would conflict with the proper performance of the member’s functions in relation to the consideration of the matter.\n  The member must make the disclosure as soon as practicable after he or she knows of the relevant facts.\n  (14) The disclosure must be recorded in the minutes of the meeting.\n  (15) Subsection (13) does not apply to an interest held by a member of the Board who is an official of a State or Territory agency, merely because the member is an official of the State or Territory agency.\n\n### Division 4—Chief Executive Officer of Institute\n\n#### 17 Chief Executive Officer\n\n  There is to be a Chief Executive Officer of the Institute.\n\n#### 17A Functions of the CEO\n\n  (1) The CEO is responsible for the day‑to‑day administration of the Institute.\n  (2) The CEO has power to do all things necessary or convenient to be done for or in connection with the performance of the CEO’s duties.\n  (3) All acts and things done in the name of, or on behalf of, the Institute by the CEO shall be deemed to have been done by the Institute.\n  (4) The CEO is to act in accordance with policies and strategies determined by the Board.\n  Board directions\n  (5) The Board may give written directions to the CEO about the performance of the CEO’s functions.\n  (6) The CEO must comply with a direction under subsection (5).\n  (7) A direction under subsection (5) is not a legislative instrument.\n\n#### 17B Appointment\n\n  The CEO is to be appointed by the Board by written instrument.\n\n> Note: The CEO may be reappointed: see section 33AA of the Acts Interpretation Act 1901.\n\n#### 17C Term of appointment\n\n  The CEO holds office on a full‑time basis for the period specified in the instrument of appointment. The period must not exceed 5 years.\n\n#### 17D Acting appointments\n\n  The Board may, by written instrument, appoint a person to act as the CEO:\n    (a) during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or\n    (b) during any period, or during all periods, when the CEO:\n    (i) is absent from duty or from Australia; or\n    (ii) is, for any reason, unable to perform the duties of the office.\n\n> Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.\n\n#### 18 Remuneration\n\n  (1) The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed by the regulations.\n  (2) The CEO is to be paid the allowances that are prescribed by the regulations.\n  (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n#### 18A Leave of absence\n\n  (1) The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.\n  (2) The Board may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Board determines.\n\n#### 18B Outside employment\n\n  The CEO must not engage in paid work outside the duties of the CEO’s office without the Board’s approval.\n\n#### 18C Other terms and conditions\n\n  The CEO holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Board.\n\n#### 18D Resignation\n\n  (1) The CEO may resign the CEO’s appointment by giving the Board a written resignation.\n  (2) The resignation takes effect on the day it is received by the Board or, if a later day is specified in the resignation, on that later day.\n\n#### 18E Termination of appointment\n\n  (1) The Board may terminate the appointment of the CEO:\n    (a) for misbehaviour; or\n    (b) if the CEO is unable to perform the duties of the CEO’s office because of physical or mental incapacity.\n  (2) The Board may terminate the appointment of the CEO if:\n    (a) the CEO:\n    (i) becomes bankrupt; or\n    (ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or\n    (iii) compounds with the CEO’s creditors; or\n    (iv) makes an assignment of the CEO’s remuneration for the benefit of the CEO’s creditors; or\n    (b) the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or\n    (c) the CEO engages, except with the Board’s approval, in paid work outside the duties of the CEO’s office (see section 18B).\n\n> Note: The appointment of the CEO may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).\n\n#### 18F Certain decisions of the Board\n\n  The CEO must not be present during any deliberation, or take part in any decision, of the Board under this Division.\n\n### Division 5—Staff\n\n#### 19 Staff\n\n  (1) The staff required for the purposes of this Act shall be:\n    (a) persons engaged under the Public Service Act 1999; and\n    (b) persons appointed or employed by the Institute.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n  (3) The Institute may engage as advisers or consultants persons having suitable qualifications and experience.\n  (4) The terms and conditions of appointment or employment of members of the staff referred to in paragraph (1)(b) are such as are determined by the Institute.\n  (5) The terms and conditions of engagement of advisers or consultants are such as are determined by the Institute.\n\n## Part III—Finance\n\n#### 20 Money to be appropriated by Parliament\n\n  (1) There is payable to the Institute such money as is appropriated by the Parliament for the purposes of the Institute.\n  (2) The Finance Minister may give directions as to the means in which, and the times at which, money referred to in subsection (1) is to be paid to the Institute.\n\n#### 22 Money of Institute\n\n  (1) The money of the Institute consists of:\n    (a) money paid to the Institute under an appropriation; and\n    (b) any other money, other than trust money, paid to the Institute.\n  (2) The money of the Institute shall be applied only:\n    (a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Institute in the performance of its functions and the exercise of its powers;\n    (b) in payment of remuneration and allowances payable under this Act; and\n    (c) in making any other payments required or permitted to be made by the Institute.\n  (3) Subsection (2) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Institute.\n\n#### 23 Contracts\n\n  The Institute must not enter into a lease of land for a period of 10 years or more without the written approval of the Minister.\n\n#### 24 Annual report\n\n  The annual report prepared by the members and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:\n    (a) particulars of each direction given under subsection 7(1) that is applicable to the period; or\n    (b) if the Board considers those particulars contain information concerning a person or are of a confidential nature—a statement that a direction under that subsection was given.\n\n#### 25 Trust money and trust property\n\n  The Institute:\n    (a) shall pay trust money into an account or accounts containing no money other than trust money;\n    (b) shall apply or deal with trust money and trust property only in accordance with the powers and duties of the Institute as trustee; and\n    (c) may only invest trust money:\n    (i) in any manner in which the Institute is authorised to invest the money by the terms of the trust; or\n    (ii) in any manner in which trust money may be lawfully invested.\n\n#### 26 Exemption from taxation\n\n  The income, property and transactions of the Institute are not subject to taxation under any law of the Commonwealth or of a State or Territory.\n\n## Part IV—Miscellaneous\n\n#### 27 Delegation by Institute\n\n  (1) The Institute may, either generally or as otherwise provided by the instrument of delegation, by writing under its common seal:\n    (a) delegate to a member;\n    (b) delegate to a member of the staff of the Institute; and\n    (c) with the approval of the Minister—delegate to any other person or body;\n  all or any of the Institute’s powers or functions under this Act, other than this power of delegation.\n  (2) A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Institute.\n  (3) A delegation does not prevent the exercise of a power or performance of a function by the Institute.\n\n#### 28 Delegation by the CEO\n\n  (1) The CEO may, in writing, delegate all or any of the CEO’s functions or powers under this Act to:\n    (a) a member of the staff of the Institute; or\n    (b) with the written approval of the Board—any other person or body.\n  (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the CEO.\n\n#### 29 Confidentiality\n\n  (1) Subject to this section, a person (in this subsection called the informed person) who has:\n    (a) any information concerning another person (which person is in this section called an information subject), being information acquired by the informed person because of:\n    (i) holding an office, engagement or appointment, or being employed, under this Act;\n    (ii) performing a duty or function, or exercising a power, under or in connection with this Act; or\n    (iii) doing any act or thing under an agreement or arrangement entered into by the Institute; or\n    (b) any document relating to another person (which person is in this section also called an information subject), being a document furnished for the purposes of this Act;\n  shall not, except for the purposes of this Act, either directly or indirectly:\n    (c) make a record of any of that information or divulge or communicate any of that information to any person (including an information subject);\n    (d) produce that document to any person (including an information subject); or\n    (e) be required to divulge or communicate any of that information to a court or to produce that document in a court.\n\nPenalty: Imprisonment for 12 months or 20 penalty units, or both.\n\n  (2) Subject to subsections (2A) and (2B), nothing in this section prohibits:\n    (a) a person from divulging or communicating information, or producing a document, to the Minister if it does not identify an information subject;\n    (b) a person from divulging or communicating information, or producing a document, to a person specified in writing by the person (in this subsection called the information provider) who divulged or communicated the information, or produced the document, directly to the Institute;\n    (c) a person from divulging or communicating information, or producing a document, to a person specified in writing by the Ethics Committee if to do so is not contrary to the written terms and conditions (if any) upon which the information provider divulged or communicated the information, or produced the document, directly to the Institute; or\n    (d) the publication of conclusions based on statistics derived from, or of particulars of procedures used in, the work of the Institute, if:\n    (i) to do so is not contrary to the written terms and conditions (if any) upon which an information provider divulged or communicated information relevant to the publication, or produced a document relevant to the publication, directly to the Institute; and\n    (ii) the publication does not identify the information subject.\n  (2A) Paragraph (2)(c) applies only to information that is health‑related or welfare‑related information and statistics.\n  (2B) Paragraph (2)(c) applies to a document only to the extent to which the document contains health‑related or welfare‑related information and statistics.\n  (3) A person to whom information is divulged or communicated, or a document is produced, under paragraph (2)(a), (b) or (c), and any person under the control of that person is, in respect of that information or document, subject to subsection (1) as if the person were a person exercising powers, or performing duties or functions, under this Act and had acquired the information or document in the exercise of those powers or the performance of those duties or functions.\n  (4) In this section:\n    (a) court includes any tribunal, authority or person having power to require the production of documents or the answering of questions;\n    (b) person includes a body or association of persons, whether incorporated or not, and also includes:\n    (i) in the case of an information provider—a body politic; or\n    (ii) in the case of an information subject—a deceased person;\n    (c) produce includes permit access to;\n    (d) publication, in relation to conclusions, statistics or particulars, includes:\n    (i) the divulging or communication to a court of the conclusions, statistics or particulars; and\n    (ii) the production to a court of a document containing the conclusions, statistics or particulars; and\n    (e) a reference to information concerning a person includes:\n    (i) a reference to information as to the whereabouts, existence or non‑existence of a document concerning a person; and\n    (ii) a reference to information identifying a person or body providing information concerning a person.\n\n#### 30 Restricted application of the Epidemiological Studies (Confidentiality) Act 1981\n\n  (1) The Epidemiological Studies (Confidentiality) Act 1981 (in this section called the Confidentiality Act) does not apply to anything done in the exercise of a power or performance of a function under this Act.\n  (2) Notwithstanding the Confidentiality Act, a person who has assisted, or is assisting in, the conduct of a prescribed study or an epidemiological study may, at the written request of the Institute:\n    (a) communicate to the Institute any information acquired by the person because of having assisted, or assisting, in the conduct of that study; and\n    (b) give the Institute access to documents prepared or obtained in the conduct of that study.\n  (3) It is a defence to a prosecution under the Confidentiality Act if it is established that the information was communicated or access to a document was given, as the case may be, in accordance with a written request by the Institute.\n  (4) In this section:\n    (a) epidemiological study has the same meaning as in the Confidentiality Act; and\n    (b) prescribed study has the same meaning as in the Confidentiality Act.\n\n#### 31 Periodical reports\n\n  (1) The Institute shall prepare and, as soon as practicable, and in any event within 6 months:\n    (a) after 31 December 1987—shall submit to the Minister a health report for the period commencing on the commencement of this Act and ending on that date; and\n    (b) after 31 December 1989 and every second 31 December thereafter—shall submit to the Minister a health report for the 2 year period ending on that 31 December.\n  (1A) The Institute must submit to the Minister:\n    (a) as soon as practicable after (and in any event within 6 months of) 30 June 1993, a welfare report prepared by the Institute for the period:\n    (i) beginning on the day on which the Australian Institute of Health Amendment Act 1992 commences; and\n    (ii) ending on 30 June 1993; and\n    (b) as soon as practicable after (and in any event within 6 months of) 30 June 1995 and every second 30 June thereafter, a welfare report for the 2 year period ending on that 30 June.\n  (2) The Institute may at any time submit to the Minister:\n    (a) a health or welfare report for any period; or\n    (b) a report in respect of any matter relating to the exercise of the powers, or the performance of the functions, of the Institute or its committees under this Act.\n  (3) A health report shall provide:\n    (a) statistics and related information concerning the health of the people of Australia; and\n    (b) an outline of the development of health‑related information and statistics by the Institute, whether by itself or in association with other persons or bodies;\n  during the period to which the report relates.\n  (3A) A welfare report must provide:\n    (a) statistics and related information concerning the provision of welfare services to the Australian people; and\n    (b) an outline of the development of welfare‑related information and statistics by the Institute, whether by itself or in association with other persons or bodies;\n  during the period to which the report relates.\n  (4) The Minister shall cause a copy of a report submitted under subsection (1) or (1A) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.\n  (5) The Minister may cause a copy of a report submitted under subsection (2) to be laid before each House of the Parliament.\n\n#### 32 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters required or permitted by this Act to be prescribed.","sortOrder":52},{"sectionNumber":"19","sectionType":"section","heading":"Staff","content":"#### 19 Staff\n\n  (1) The staff required for the purposes of this Act shall be:\n    (a) persons engaged under the Public Service Act 1999; and\n    (b) persons appointed or employed by the Institute.\n  (2) For the purposes of the Public Service Act 1999:\n    (a) the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and\n    (b) the CEO is the Head of that Statutory Agency.\n  (3) The Institute may engage as advisers or consultants persons having suitable qualifications and experience.\n  (4) The terms and conditions of appointment or employment of members of the staff referred to in paragraph (1)(b) are such as are determined by the Institute.\n  (5) The terms and conditions of engagement of advisers or consultants are such as are determined by the Institute.","sortOrder":53},{"sectionNumber":"Part III","sectionType":"part","heading":"Finance","content":"## Part III—Finance","sortOrder":54},{"sectionNumber":"20","sectionType":"section","heading":"Money to be appropriated by Parliament","content":"#### 20 Money to be appropriated by Parliament\n\n  (1) There is payable to the Institute such money as is appropriated by the Parliament for the purposes of the Institute.\n  (2) The Finance Minister may give directions as to the means in which, and the times at which, money referred to in subsection (1) is to be paid to the Institute.","sortOrder":55},{"sectionNumber":"22","sectionType":"section","heading":"Money of Institute","content":"#### 22 Money of Institute\n\n  (1) The money of the Institute consists of:\n    (a) money paid to the Institute under an appropriation; and\n    (b) any other money, other than trust money, paid to the Institute.\n  (2) The money of the Institute shall be applied only:\n    (a) in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Institute in the performance of its functions and the exercise of its powers;\n    (b) in payment of remuneration and allowances payable under this Act; and\n    (c) in making any other payments required or permitted to be made by the Institute.\n  (3) Subsection (2) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Institute.","sortOrder":56},{"sectionNumber":"23","sectionType":"section","heading":"Contracts","content":"#### 23 Contracts\n\n  The Institute must not enter into a lease of land for a period of 10 years or more without the written approval of the Minister.","sortOrder":57},{"sectionNumber":"24","sectionType":"section","heading":"Annual report","content":"#### 24 Annual report\n\n  The annual report prepared by the members and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:\n    (a) particulars of each direction given under subsection 7(1) that is applicable to the period; or\n    (b) if the Board considers those particulars contain information concerning a person or are of a confidential nature—a statement that a direction under that subsection was given.","sortOrder":58},{"sectionNumber":"25","sectionType":"section","heading":"Trust money and trust property","content":"#### 25 Trust money and trust property\n\n  The Institute:\n    (a) shall pay trust money into an account or accounts containing no money other than trust money;\n    (b) shall apply or deal with trust money and trust property only in accordance with the powers and duties of the Institute as trustee; and\n    (c) may only invest trust money:\n    (i) in any manner in which the Institute is authorised to invest the money by the terms of the trust; or\n    (ii) in any manner in which trust money may be lawfully invested.","sortOrder":59},{"sectionNumber":"26","sectionType":"section","heading":"Exemption from taxation","content":"#### 26 Exemption from taxation\n\n  The income, property and transactions of the Institute are not subject to taxation under any law of the Commonwealth or of a State or Territory.","sortOrder":60},{"sectionNumber":"Part IV","sectionType":"part","heading":"Miscellaneous","content":"## Part IV—Miscellaneous","sortOrder":61},{"sectionNumber":"27","sectionType":"section","heading":"Delegation by Institute","content":"#### 27 Delegation by Institute\n\n  (1) The Institute may, either generally or as otherwise provided by the instrument of delegation, by writing under its common seal:\n    (a) delegate to a member;\n    (b) delegate to a member of the staff of the Institute; and\n    (c) with the approval of the Minister—delegate to any other person or body;\n  all or any of the Institute’s powers or functions under this Act, other than this power of delegation.\n  (2) A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Institute.\n  (3) A delegation does not prevent the exercise of a power or performance of a function by the Institute.","sortOrder":62},{"sectionNumber":"28","sectionType":"section","heading":"Delegation by the CEO","content":"#### 28 Delegation by the CEO\n\n  (1) The CEO may, in writing, delegate all or any of the CEO’s functions or powers under this Act to:\n    (a) a member of the staff of the Institute; or\n    (b) with the written approval of the Board—any other person or body.\n  (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the CEO.","sortOrder":63},{"sectionNumber":"29","sectionType":"section","heading":"Confidentiality","content":"#### 29 Confidentiality\n\n  (1) Subject to this section, a person (in this subsection called the informed person) who has:\n    (a) any information concerning another person (which person is in this section called an information subject), being information acquired by the informed person because of:\n    (i) holding an office, engagement or appointment, or being employed, under this Act;\n    (ii) performing a duty or function, or exercising a power, under or in connection with this Act; or\n    (iii) doing any act or thing under an agreement or arrangement entered into by the Institute; or\n    (b) any document relating to another person (which person is in this section also called an information subject), being a document furnished for the purposes of this Act;\n  shall not, except for the purposes of this Act, either directly or indirectly:\n    (c) make a record of any of that information or divulge or communicate any of that information to any person (including an information subject);\n    (d) produce that document to any person (including an information subject); or\n    (e) be required to divulge or communicate any of that information to a court or to produce that document in a court.\n\nPenalty: Imprisonment for 12 months or 20 penalty units, or both.\n\n  (2) Subject to subsections (2A) and (2B), nothing in this section prohibits:\n    (a) a person from divulging or communicating information, or producing a document, to the Minister if it does not identify an information subject;\n    (b) a person from divulging or communicating information, or producing a document, to a person specified in writing by the person (in this subsection called the information provider) who divulged or communicated the information, or produced the document, directly to the Institute;\n    (c) a person from divulging or communicating information, or producing a document, to a person specified in writing by the Ethics Committee if to do so is not contrary to the written terms and conditions (if any) upon which the information provider divulged or communicated the information, or produced the document, directly to the Institute; or\n    (d) the publication of conclusions based on statistics derived from, or of particulars of procedures used in, the work of the Institute, if:\n    (i) to do so is not contrary to the written terms and conditions (if any) upon which an information provider divulged or communicated information relevant to the publication, or produced a document relevant to the publication, directly to the Institute; and\n    (ii) the publication does not identify the information subject.\n  (2A) Paragraph (2)(c) applies only to information that is health‑related or welfare‑related information and statistics.\n  (2B) Paragraph (2)(c) applies to a document only to the extent to which the document contains health‑related or welfare‑related information and statistics.\n  (3) A person to whom information is divulged or communicated, or a document is produced, under paragraph (2)(a), (b) or (c), and any person under the control of that person is, in respect of that information or document, subject to subsection (1) as if the person were a person exercising powers, or performing duties or functions, under this Act and had acquired the information or document in the exercise of those powers or the performance of those duties or functions.\n  (4) In this section:\n    (a) court includes any tribunal, authority or person having power to require the production of documents or the answering of questions;\n    (b) person includes a body or association of persons, whether incorporated or not, and also includes:\n    (i) in the case of an information provider—a body politic; or\n    (ii) in the case of an information subject—a deceased person;\n    (c) produce includes permit access to;\n    (d) publication, in relation to conclusions, statistics or particulars, includes:\n    (i) the divulging or communication to a court of the conclusions, statistics or particulars; and\n    (ii) the production to a court of a document containing the conclusions, statistics or particulars; and\n    (e) a reference to information concerning a person includes:\n    (i) a reference to information as to the whereabouts, existence or non‑existence of a document concerning a person; and\n    (ii) a reference to information identifying a person or body providing information concerning a person.","sortOrder":64},{"sectionNumber":"30","sectionType":"section","heading":"Restricted application of the Epidemiological Studies (Confidentiality) Act 1981","content":"#### 30 Restricted application of the Epidemiological Studies (Confidentiality) Act 1981\n\n  (1) The Epidemiological Studies (Confidentiality) Act 1981 (in this section called the Confidentiality Act) does not apply to anything done in the exercise of a power or performance of a function under this Act.\n  (2) Notwithstanding the Confidentiality Act, a person who has assisted, or is assisting in, the conduct of a prescribed study or an epidemiological study may, at the written request of the Institute:\n    (a) communicate to the Institute any information acquired by the person because of having assisted, or assisting, in the conduct of that study; and\n    (b) give the Institute access to documents prepared or obtained in the conduct of that study.\n  (3) It is a defence to a prosecution under the Confidentiality Act if it is established that the information was communicated or access to a document was given, as the case may be, in accordance with a written request by the Institute.\n  (4) In this section:\n    (a) epidemiological study has the same meaning as in the Confidentiality Act; and\n    (b) prescribed study has the same meaning as in the Confidentiality Act.","sortOrder":65},{"sectionNumber":"31","sectionType":"section","heading":"Periodical reports","content":"#### 31 Periodical reports\n\n  (1) The Institute shall prepare and, as soon as practicable, and in any event within 6 months:\n    (a) after 31 December 1987—shall submit to the Minister a health report for the period commencing on the commencement of this Act and ending on that date; and\n    (b) after 31 December 1989 and every second 31 December thereafter—shall submit to the Minister a health report for the 2 year period ending on that 31 December.\n  (1A) The Institute must submit to the Minister:\n    (a) as soon as practicable after (and in any event within 6 months of) 30 June 1993, a welfare report prepared by the Institute for the period:\n    (i) beginning on the day on which the Australian Institute of Health Amendment Act 1992 commences; and\n    (ii) ending on 30 June 1993; and\n    (b) as soon as practicable after (and in any event within 6 months of) 30 June 1995 and every second 30 June thereafter, a welfare report for the 2 year period ending on that 30 June.\n  (2) The Institute may at any time submit to the Minister:\n    (a) a health or welfare report for any period; or\n    (b) a report in respect of any matter relating to the exercise of the powers, or the performance of the functions, of the Institute or its committees under this Act.\n  (3) A health report shall provide:\n    (a) statistics and related information concerning the health of the people of Australia; and\n    (b) an outline of the development of health‑related information and statistics by the Institute, whether by itself or in association with other persons or bodies;\n  during the period to which the report relates.\n  (3A) A welfare report must provide:\n    (a) statistics and related information concerning the provision of welfare services to the Australian people; and\n    (b) an outline of the development of welfare‑related information and statistics by the Institute, whether by itself or in association with other persons or bodies;\n  during the period to which the report relates.\n  (4) The Minister shall cause a copy of a report submitted under subsection (1) or (1A) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.\n  (5) The Minister may cause a copy of a report submitted under subsection (2) to be laid before each House of the Parliament.","sortOrder":66},{"sectionNumber":"32","sectionType":"section","heading":"Regulations","content":"#### 32 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters required or permitted by this Act to be prescribed.","sortOrder":67}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"5(1AA) and 5(1)","severity":"low","reasoning":"Subsection (1AA) was inserted by amendment after the original (1) existed, creating illogical alphanumeric ordering. While courts can navigate this, it is logically absurd that the 'umbrella' provision (1AA) comes before the provisions it describes (1) and (1A), with the numbering system implying (1AA) is a subset of (1) when it is actually a superior organising provision.","confidence":0.85,"description":"Subsection (1AA) purports to be the overarching provision defining the Institute's functions, yet it references subsection (1) which is textually numbered after (1AA). This creates an anomalous numbering sequence where (1AA) precedes (1), meaning the summary provision references a subsection that appears later in the text, suggesting poor drafting from amendment insertions."},{"type":"other","section":"7(1A) and 7(1E)/(1F)","severity":"medium","reasoning":"The consultation requirement in 7(1A) is stated as mandatory ('must') but no invalidity consequence is prescribed for breach. The post-direction delivery obligation in 7(1E) is also mandatory but 7(1F) expressly saves validity from breach. This asymmetry implies that failure to pre-consult the Chair might invalidate a direction, while failure to deliver a copy afterwards does not. This is a logical inconsistency in how mandatory procedural requirements are treated.","confidence":0.78,"description":"Section 7(1A) mandates that the Minister MUST consult the Chair before giving any direction to the Institute. Section 7(1E) then requires the Minister to deliver a copy of the direction to the Chair as soon as practicable AFTER giving it. If the Chair has already been consulted before the direction (per 7(1A)), the additional obligation to deliver a copy afterwards (7(1E)) is procedurally redundant. More absurdly, 7(1F) states failure to deliver the copy does not affect validity, yet there is no equivalent savings provision for failure to consult under 7(1A), creating an asymmetry where the prior consultation is apparently mandatory but its legal consequence for non-compliance is unstated."},{"type":"other","section":"18F","severity":"medium","reasoning":"The CEO is counted as a member for quorum purposes under s14B (quorum is a majority of 'members') but cannot participate in Division 4 decisions. If the CEO's presence is needed to form quorum at a meeting convened to deal with CEO matters, the quorum requirement could be impossible to satisfy using the CEO, yet their absence changes the majority calculation. This creates a structural oddity where a member simultaneously counts and doesn't count depending on context.","confidence":0.72,"description":"Section 18F requires the CEO to be absent from all Board deliberations and decisions under Division 4 (which governs the CEO's own appointment, terms, and termination). Yet section 9(c) makes the CEO a member of the Board generally. This means the CEO is a Board member who is systematically excluded from decisions about their own position, yet still counts toward Board membership numbers and potentially quorum calculations under s14B."},{"type":"circular_definition","section":"29(1)(e)","severity":"medium","reasoning":"The definition of 'publication' in s29(4)(d) explicitly includes producing documents to courts or communicating information to courts. Section 29(2)(d) permits 'publication' of certain conclusions without identifying information subjects. Reading these together means the blanket prohibition on court production in s29(1)(e) is partially hollowed out by the definition of publication, since permitted 'publication' under s29(2)(d) can include court production. The drafting creates a confusing loop.","confidence":0.7,"description":"Section 29(1)(e) purports to provide that an informed person shall not 'be required to divulge or communicate any of that information to a court or to produce that document in a court.' However, s29(4)(d) defines 'publication' to include 'the divulging or communication to a court of the conclusions, statistics or particulars' and 'the production to a court of a document.' Section 29(2)(d) then permits publication of certain conclusions and statistics. This creates a circular situation where court production is prohibited by 29(1)(e) but then partially re-permitted via the definition of 'publication' in 29(4)(d) read with 29(2)(d)."},{"type":"other","section":"14B(1) and 9","severity":"low","reasoning":"With membership defined by maximums rather than fixed numbers, the quorum threshold is inherently uncertain. A majority of 7 actual members is 4, but a majority of 12 maximum members would be 7. The Act does not define 'members' for quorum purposes as current appointees versus maximum possible membership, leaving compliance ambiguous.","confidence":0.65,"description":"The quorum requirement under s14B(1) requires 'a majority of members' including the Chair or Deputy Chair. Section 9 provides the Board has a variable maximum membership (Chair + Deputy Chair + CEO + up to 3 State Health nominees + up to 6 others = maximum 12, minimum potentially much fewer). Because membership numbers are variable maximums rather than fixed numbers, 'majority of members' cannot be calculated with certainty at any given time, as the actual number of current members may fluctuate without formal notification."},{"type":"retroactive_impossibility","section":"31(1)(a)","severity":"low","reasoning":"The deadline of 31 December 1987 passed approximately 37 years ago. The mandatory reporting obligation cannot now be complied with prospectively. While spent provisions are common in legislation, this one remains unrepealed and creates a technical ongoing breach that can never be remedied.","confidence":0.95,"description":"Section 31(1)(a) requires the Institute to submit a health report for the period 'commencing on the commencement of this Act and ending on 31 December 1987' within 6 months after 31 December 1987. This obligation is entirely spent and has been impossible to comply with for decades. Its continued presence in the Act as a live operative provision is anomalous, though not harmful."},{"type":"retroactive_impossibility","section":"31(1A)(a)","severity":"low","reasoning":"The compliance window closed in December 1993, over 30 years ago. The provision remains on the books as an operative mandatory obligation that is permanently impossible to satisfy.","confidence":0.95,"description":"Similarly, s31(1A)(a) requires a welfare report for the period beginning on commencement of the Australian Institute of Health Amendment Act 1992 and ending 30 June 1993, to be submitted within 6 months of 30 June 1993. This obligation has been impossible to comply with since December 1993 and remains as an unrepealed, permanently breached mandatory duty."},{"type":"self_contradicting","section":"12B(1) and 13A(2)(c)","severity":"medium","reasoning":"Section 12B(2) exempts agency officials from the prohibition. Section 13A(2)(c) makes breach of s12B a termination ground. If an agency official cannot breach s12B by virtue of the exemption, they logically cannot be terminated under 13A(2)(c) for such conduct. However, the termination provision cross-references s12B without preserving the exemption, creating textual ambiguity about whether the exemption flows through.","confidence":0.75,"description":"Section 12B(1) prohibits members from engaging in paid work that 'conflicts or could conflict' with proper performance of duties. Section 12B(2) creates a blanket exemption for members who are officials of State or Territory agencies — meaning those members may engage in ANY paid work through their agency role even if it directly conflicts with the Institute's work. Yet s13A(2)(c) makes engaging in conflicting paid work a ground for termination, without expressly excluding agency officials. This creates ambiguity about whether an agency official member can be terminated under 13A(2)(c) for conduct that is expressly exempted by 12B(2)."},{"type":"other","section":"16(3)","severity":"medium","reasoning":"Tying the validity of regulations to the informal recommendations of another body's CEO creates a legally uncertain constraint. If the NHMRC CEO's recommendations are unpublished or unclear, it is impossible to determine whether any given regulation is valid. This is an unusual and problematic legislative drafting technique that makes regulatory validity contingent on an external, informal, and potentially undocumented standard.","confidence":0.8,"description":"Section 16(3) provides that regulations prescribing the functions and composition of the Ethics Committee 'must not be inconsistent with recommendations of the CEO of the National Health and Medical Research Council.' This creates a situation where a subordinate legislative instrument (regulations) is constrained not by an Act of Parliament or a formal determination, but by the informal recommendations of a CEO of another body. Those recommendations are not defined, may not be published, may change without notice, and have no formal legal status, yet they constrain the Governor-General's regulation-making power."}],"contradictions":[{"severity":"medium","section_a":"7(1A)","section_b":"7(1F)","confidence":0.8,"description":"Section 7(1A) mandates that the Minister MUST consult the Chair before giving any direction, with no savings clause for non-compliance. Section 7(1F) expressly provides that failure to deliver a copy of the direction to the Chair afterwards does NOT affect validity. The asymmetric treatment of these two obligations — one mandatory without a savings clause, one mandatory with an express savings clause — implies different legal consequences for breach, but the Act is silent on what invalidity consequences (if any) flow from breach of the more important pre-direction consultation obligation."},{"severity":"medium","section_a":"8A(1)(a)","section_b":"7(2)","confidence":0.7,"description":"Section 8A(1)(a) gives the Board the function of ensuring the 'proper, efficient and effective performance of the Institute's functions.' Section 7(2) requires the Institute to comply with any direction given by the Minister. If the Minister gives a direction that the Board considers would impede the proper, efficient and effective performance of the Institute's functions, the Board's own statutory function conflicts with the Institute's mandatory compliance obligation. The Board cannot simultaneously fulfil its oversight function and require compliance with a ministerial direction it considers improper."},{"severity":"medium","section_a":"17A(4)","section_b":"8A(1)(a)","confidence":0.68,"description":"Section 17A(4) requires the CEO to act in accordance with policies and strategies determined by the Board. Section 8A(1)(a) gives the Board the function of ensuring proper, efficient and effective performance of the Institute's functions. However, the CEO is also subject to Ministerial directions via s7(2) (directions bind the Institute, and the CEO acts for the Institute). If Board policies conflict with Ministerial directions, the CEO faces irreconcilable obligations with no clear priority rule between Board governance and Ministerial direction."},{"severity":"low","section_a":"29(1)","section_b":"6(f)","confidence":0.62,"description":"Section 6(f) gives the Institute the power to release data and publish results of its work, subject to section 29. Section 29(1) prohibits informed persons from divulging information 'except for the purposes of this Act.' The Institute's own publication power under s6(f) is a power under this Act, so publication would be 'for the purposes of this Act.' However, s29(1)(c) prohibits divulging information to 'any person including an information subject' without qualification except for Act purposes. The interaction between the confidentiality prohibition and the publication power creates uncertainty about when Institute-initiated publication is permitted versus prohibited, since employees carrying out publication are 'informed persons' subject to s29(1)."},{"severity":"low","section_a":"11(1)","section_b":"9(c)","confidence":0.72,"description":"Section 11(1) states that members are appointed by the Minister on a part-time basis, and section 10 specifies that Subdivision C (which includes s11) applies to members other than the CEO. However, section 9(c) includes the CEO as a member of the Board. The CEO holds office on a full-time basis per s17C. This means the CEO is a 'member' of the Board under s9 but does not hold that membership on a part-time basis as s11(1) contemplates for members, creating an internal inconsistency in the membership framework."},{"severity":"medium","section_a":"14(1)","section_b":"14B(1)","confidence":0.75,"description":"Section 14(1) requires the Board to meet at least once every 4 months. Section 14B(1) requires a quorum including the Chair or Deputy Chair. If both the Chair and Deputy Chair are simultaneously unavailable (e.g., both absent from Australia) and no acting appointment under s11B has been made, the Board cannot form a valid quorum even though it is under a mandatory obligation to meet. The Act creates a mandatory meeting obligation without ensuring the quorum conditions can always be satisfied."},{"severity":"low","section_a":"24(a)","section_b":"24(b)","confidence":0.65,"description":"Section 24 requires the annual report to include EITHER (a) particulars of each direction given under s7(1), OR (b) if the Board considers those particulars contain information concerning a person or are confidential, a statement that a direction was given. The use of 'or' between (a) and (b) rather than a hierarchical structure ('but if...then') could be read as giving the Board an election between full disclosure and mere acknowledgment in all cases, rather than only substituting (b) when (a) is genuinely confidential. This potentially allows the Board to routinely opt for the less informative statement without justification."}]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1987 Act (named the 'Australian Institute of Health Act 1987') focused exclusively on health statistics and research. The scope expanded significantly in 1992 when the Act was amended to add welfare-related functions — covering aged care, disability services, housing assistance, child protection, and community services. This is reflected in the Act's current name ('Australian Institute of Health and Welfare Act 1987') and the parallel welfare function structure throughout the legislation. The inclusion of housing assistance as a welfare function was also a notable broadening beyond the Institute's original health-focused mandate."},"complexity_factors":["Multiple interlocking governance layers (Minister, Board, CEO, Ethics Committee) with distinct powers and responsibilities","Dual function structure — health-related and welfare-related functions are defined and regulated separately throughout the Act","Complex confidentiality provisions (section 29) with multiple exceptions, sub-exceptions, and cascading obligations that extend to third parties who receive information","Federal-state consultation requirements that vary depending on whether the subject matter is health, welfare, or housing","Cross-referencing to multiple other Acts (Public Governance, Performance and Accountability Act 2013; Public Service Act 1999; Remuneration Tribunal Act 1973; Epidemiological Studies (Confidentiality) Act 1981; Acts Interpretation Act 1901)","Interaction between Institute-level delegation powers and CEO-level delegation powers with different approval requirements","Special carve-outs for State and Territory agency officials from conflict of interest and disclosure rules that apply to other members","The document itself contains significant repetition/duplication, suggesting a compilation formatting issue that adds to reading complexity"],"plain_english_summary":"This Act creates the Australian Institute of Health and Welfare (AIHW) as the national agency to collect, coordinate, analyse and publish health and welfare statistics and to provide data for research and policy. It affects all Australians (whose health and welfare services are measured), researchers, state and territory governments, and AIHW staff and board.\n\nThe law sets up governance (Board, CEO, Ethics Committee), requires biennial health and welfare reports to Parliament, limits ministerial directions by requiring state consultation, and enforces strict confidentiality of personal data with criminal penalties for improper disclosure."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act has expanded beyond a narrow health‑statistics institute. Originally focused on health data, it now expressly covers welfare‑related information and statistics (s5(1A); simplified outline at 2A refers to health and welfare). Subsequent integrations and references — for example, to the Public Governance, Performance and Accountability Act 2013 (s4 note) and the explicit override or restriction of the Epidemiological Studies (Confidentiality) Act (s30) — broadened the Institute’s lawful access to data and governance context. Concretely, scope grew from producing health statistics to: coordinating welfare statistics, developing specialised statistical standards in partnership with the ABS, enabling researcher access to sensitive epidemiological material, and holding increased contracting/property/financial authorities (ss5, 6, 29–30). Those additions change the Institute from a single‑purpose statistics body into a broader national data and research agency for both health and welfare, with associated governance, funding and privacy implications."},"complexity_factors":["Multiple statutory cross‑references: Public Governance, Performance and Accountability Act 2013, Public Service Act 1999, Remuneration Tribunal Act 1973, Acts Interpretation Act 1901, Epidemiological Studies (Confidentiality) Act 1981 (see notes in ss4, 17B, 12, 29, 30).","Substantive split of functions (health‑related and welfare‑related) with separate but overlapping provisions (s5(1), s5(1A), s5(1AA)).","Conditional consultation and direction rules with function‑specific consultations required before Ministerial directions (s7(1A)–(1D)).","Detailed confidentiality regime with layered exceptions and a criminal penalty (s29(1)–(4)); plus a statutory carve‑out overriding an earlier confidentiality Act (s30).","Governance and appointment complexity: mixed membership (Commonwealth appointees, CEO, up to 3 state‑nominated members), reappointment and acting appointment rules, maximum terms, and termination grounds (ss9, 11, 11A, 11B, 13A).","Delegation architecture allowing Institute and CEO delegations with ministerial/board approvals (ss27–28).","Reporting timetable specifics and historical amendment effects for welfare reporting (s31(1), (1A)); multiple time‑bound reporting obligations increase operational detail.","Financial controls: Parliamentary appropriation, Finance Minister directions on payments, restrictions on trust money and lease limits (ss20, 22, 25, 23).","Penalties and enforcement (s29) create legal compliance demands for staff and contractors.","Regulatory flexibility: Governor‑General may make regulations to fill gaps, introducing potential further detail and complexity (s32)."],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes a statutory body called the Australian Institute of Health and Welfare (the Institute) (s4).  \n- Gives the Institute two core roles: collecting/producing health‑related statistics and, separately, welfare‑related statistics (s5(1AA), (1), (1A)).  \n- Gives the Institute broad operational powers to contract, hold property, accept gifts, release data and publish results (s6).  \n- Creates a Board to govern the Institute and a Chief Executive Officer (CEO) to run day‑to‑day business (Divisions 2 and 4).  \n- Requires the Institute to produce periodic health and welfare reports to the Minister and for those reports to be laid before Parliament (s31).  \n- Sets funding and financial rules: Parliamentary appropriation, limits on how Institute money and trust money may be used, Minister/Finance Minister directions on payments, and a ban on certain long leases without ministerial approval (ss20, 22, 23, 25).  \n- Imposes strict confidentiality rules on people who acquire information through the Institute, with criminal penalties for unauthorised disclosure (s29). Important exceptions and permitted disclosures are carved out (s29(2)–(3), (2A), (2B)).  \n- Overrides the Epidemiological Studies (Confidentiality) Act 1981 for Institute activity and allows the Institute to request access to prescribed or epidemiological study material (s30).  \n- Allows delegations of Institute and CEO powers, subject to approval rules and limits (ss27–28).  \n\nWho is affected\n\n- The Commonwealth (through appropriation and a Minister who can direct the Institute) and the Institute itself (s20, s7).  \n- The Institute's Board members and CEO (appointments, terms, duties, remuneration; ss9, 11, 17B, 18).  \n- State and Territory ministers: the Minister must consult State Health/Welfare/Housing ministers before directions that affect the Institute’s respective functions (s7(1B)–(1D)).  \n- Researchers, health and welfare agencies, and data providers: the Institute collects, holds and (subject to confidentiality rules) can release or provide access to data (s5(h),(1A)(f); s6(f)).  \n- Individuals and organisations who provide or are the subject of information held by the Institute — their information is protected by criminal confidentiality rules, but subject to specified exceptions (s29).  \n\nWhy it matters (policy intent and operational consequences)\n\n- Purpose claimed in the Act: to create a central independent body that produces reliable health and welfare statistics, coordinates data standards, supports research and advises the Minister on health/welfare matters (2A; s5).  \n\n- How the Act achieves that: by giving the Institute statutory powers to collect/produce data, set specialised statistical standards in consultation with the ABS, publish reports, and provide researchers access to data (s5, s6). The Board sets strategic policy and the CEO runs operations (ss8A, 17A).  \n\n- Trade‑offs and implementation issues to watch:  \n  - Funding and operational independence vs ministerial control: the Institute is publicly funded (s20) and must comply with directions by the Minister (s7(1),(2)). The Minister must consult the Chair and relevant state ministers before giving certain directions (s7(1A)–(1D)), but the Institute is still required to comply (s7(2)). This centralises strategic control of an evidence body while preserving consultation obligations.  \n  - Data access and privacy balancing: the Institute has express power to release data and enable researcher access (s6(f), s5(1)(h), s5(1A)(f)), but strict confidentiality rules with criminal penalties limit unauthorised disclosure (s29(1)). The Act also specifically removes the Epidemiological Studies (Confidentiality) Act 1981 from applying to Institute activities (s30(1)), which widens the Institute’s lawful access to epidemiological data when requested (s30(2)–(3)). Those combined provisions increase practical access to centralised data but raise privacy risk and compliance burdens.  \n  - Central standards and coordination vs duplication/competition with ABS: the Act explicitly says it does not limit the Australian Bureau of Statistics’ functions (s5(3)), but it also empowers the Institute to develop specialised statistical standards in consultation with the ABS (s5(1)(g), s5(1A)(e)). That creates an overlap that must be managed operationally.  \n  - Concentrated benefits and dispersed costs: beneficiaries of centralised, standardised datasets (researchers, federal and state policymakers) are relatively concentrated; compliance, privacy‑safeguarding and governance costs are borne broadly (Institute operating costs funded by Parliament; s20; and data providers’ burdens).  \n  - Bureaucratic discretion and capture risk: the Board and CEO have delegations and wide powers to contract and accept gifts (ss6, 27–28). Ministerial directions (s7) and the Minister’s powers over appointments and member terms (s11, ss12C, 13A) create multiple leverage points for influence over Institute priorities.  \n  - Implementation risks: establishing and maintaining interoperable, secure datasets, negotiating data‑sharing arrangements with states and other agencies, and enforcing confidentiality rules will require technical, legal and governance capacity (s5, s29).  \n  - Compliance burden: criminal penalties for improper disclosure (s29(1)) and detailed procedural requirements for delegation and meetings may increase administrative overhead.  \n\nWho pays, who decides, and what behaviour changes (short answers)\n\n- Who pays: Parliament funds the Institute; Finance Minister can direct payment timetables (s20). The Institute may also receive gifts and trust money (s6(e); s25).  \n- Who decides: Minister gives directions (s7); Board sets policy and ensures effectiveness (s8A); CEO administers daily operations (s17A). Appointments are Ministerial (members) and Board (CEO) (ss11, 17B).  \n- Behaviour changes: public agencies and private data holders can expect centralised requests and contracts from the Institute; researchers can expect a statutory route for access to health and welfare datasets (subject to confidentiality rules, s29); the Institute will standardise data and report periodically (s31), changing how evidence is produced and used.\n\nSelected section references: core functions/powers (s5, s6), Ministerial directions and consultation (s7), Board and membership (ss8–15C), CEO (ss17–18F), confidentiality and disclosure rules & penalty (s29), restricted application of the Epidemiological Studies (Confidentiality) Act (s30), funding (s20) and reporting (s31)."},"kimi_summary":{"_metrics":{"completionTokens":558},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1987 Act established the Institute with health-focused functions only. The 1992 amendments (reflected in current section 5(1A)) significantly expanded the scope to include welfare-related functions — covering aged care, disability services, housing assistance and child welfare. This transformed the body from a health statistics agency into a combined health and welfare data authority."},"complexity_factors":["Multiple defined terms in interpretation section (15+ definitions)","Cross-references to other Acts including Public Governance, Performance and Accountability Act 2013 and Acts Interpretation Act 1901","Nested consultation requirements for ministerial directions (different state ministers for health vs welfare vs housing matters)","Conditional exceptions to confidentiality rules in section 29 (subsections 2A and 2B limiting scope of disclosures)","Dual reporting streams (health reports and welfare reports on different cycles)","Board meeting quorum rules with exception for conflicted members (section 14B subsection 2)","Multiple appointment and termination grounds for CEO and Board members"],"plain_english_summary":"This Act creates the **Australian Institute of Health and Welfare (AIHW)** — a government body that collects, analyses and publishes data about Australia's health and welfare systems.\n\n**What the AIHW does:**\n- **Collects and produces statistics** on health services, diseases, aged care, disability services, housing assistance, child welfare and other community services\n- **Coordinates research** and helps other organisations gather health and welfare data\n- **Publishes reports** and makes recommendations to the Minister about disease prevention and health promotion\n- **Develops standards** for health and welfare statistics in consultation with the Australian Bureau of Statistics\n\n**How it's governed:**\n- A **Board** oversees the Institute (Chair, Deputy Chair, CEO, plus up to 9 other members including state government representatives)\n- A **Chief Executive Officer** handles day-to-day operations\n- An **Ethics Committee** ensures research meets ethical standards\n- The **Minister** can give directions to the Institute, but must consult with state ministers first\n\n**Key protections:**\n- Strict **confidentiality rules** — personal information collected cannot be disclosed except in limited circumstances (with penalties of up to 12 months imprisonment for breaches)\n- The Institute is **exempt from tax** and its funding comes from Parliamentary appropriations\n\n**Why it matters:**\nThe AIHW provides the evidence base for government decisions on hospitals, Medicare, aged care, disability support and social services. Without accurate data from this body, policymakers would be \"flying blind\" on multi-billion dollar health and welfare programs."}},"importantCases":[],"_links":{"self":"/api/acts/australian-institute-of-health-and-welfare-act-1987","history":"/api/acts/australian-institute-of-health-and-welfare-act-1987/history","analysis":"/api/acts/australian-institute-of-health-and-welfare-act-1987/analysis","conflicts":"/api/acts/australian-institute-of-health-and-welfare-act-1987/conflicts","importantCases":"/api/acts/australian-institute-of-health-and-welfare-act-1987/important-cases","documents":"/api/acts/australian-institute-of-health-and-welfare-act-1987/documents"}}