{"id":"qld:act-2024-008","name":"Forensic Science Queensland Act 2024","slug":"forensic-science-queensland-act-2024","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"8 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29541,"registerId":"qld-act-2024-008-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Forensic Science Queensland Act 2024 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purpose of Act","content":"### sec.3 Main purpose of Act\n\nThe main purpose of this Act is to ensure high quality, reliable and impartial forensic services for the administration of criminal justice in Queensland.\nThe purpose is primarily achieved by—\nestablishing the Director of Forensic Science Queensland to lead the provision of forensic services; and\nestablishing the Forensic Science Queensland Advisory Council to give advice and make recommendations about particular matters.\ns 3 amd 2025 No. 18 s 59E\n(sec.3-ssec.1) The main purpose of this Act is to ensure high quality, reliable and impartial forensic services for the administration of criminal justice in Queensland.\n(sec.3-ssec.2) The purpose is primarily achieved by— establishing the Director of Forensic Science Queensland to lead the provision of forensic services; and establishing the Forensic Science Queensland Advisory Council to give advice and make recommendations about particular matters.\n- (a) establishing the Director of Forensic Science Queensland to lead the provision of forensic services; and\n- (b) establishing the Forensic Science Queensland Advisory Council to give advice and make recommendations about particular matters.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds all persons","content":"### sec.4 Act binds all persons\n\nThis Act binds all persons, including the State.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions","content":"### sec.5 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"References to administration of criminal justice","content":"### sec.6 References to administration of criminal justice\n\nA reference in this Act to the administration of criminal justice includes a reference to the investigation by a coroner, under the Coroners Act 2003 , of the death of a person.","sortOrder":6},{"sectionNumber":"pt.2","sectionType":"part","heading":"Office of the Director of Forensic Science Queensland","content":"# Office of the Director of Forensic Science Queensland","sortOrder":7},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Director of Forensic Science Queensland","content":"## Director of Forensic Science Queensland","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Appointment","content":"### sec.7 Appointment\n\nThere must be a Director of Forensic Science Queensland.\nThe director is appointed by the Governor in Council on the recommendation of the Minister.\nThe Minister may recommend a person for appointment only if satisfied the person is appropriately qualified to perform the functions of the director.\nHowever, a person must not be appointed as the director if the person—\nhas a conviction, other than a spent conviction, for an indictable offence; or\nis an insolvent under administration.\nThe director is appointed under this Act and not under the Public Sector Act 2022 .\ns 7 amd 2025 No. 18 s 59G\n(sec.7-ssec.1) There must be a Director of Forensic Science Queensland.\n(sec.7-ssec.2) The director is appointed by the Governor in Council on the recommendation of the Minister.\n(sec.7-ssec.3) The Minister may recommend a person for appointment only if satisfied the person is appropriately qualified to perform the functions of the director.\n(sec.7-ssec.4) However, a person must not be appointed as the director if the person— has a conviction, other than a spent conviction, for an indictable offence; or is an insolvent under administration.\n(sec.7-ssec.5) The director is appointed under this Act and not under the Public Sector Act 2022 .\n- (a) has a conviction, other than a spent conviction, for an indictable offence; or\n- (b) is an insolvent under administration.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Term of appointment","content":"### sec.8 Term of appointment\n\nThe director is appointed for the term, of not more than 5 years, stated in the director’s instrument of appointment.\nThe director may be reappointed.\n(sec.8-ssec.1) The director is appointed for the term, of not more than 5 years, stated in the director’s instrument of appointment.\n(sec.8-ssec.2) The director may be reappointed.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Conditions of appointment","content":"### sec.9 Conditions of appointment\n\nThe director is to be paid the remuneration and allowances decided by the Governor in Council on the recommendation of the Minister.\nThe director holds office on the terms and conditions decided by the Governor in Council to the extent the terms and conditions are not provided for by this Act.\n(sec.9-ssec.1) The director is to be paid the remuneration and allowances decided by the Governor in Council on the recommendation of the Minister.\n(sec.9-ssec.2) The director holds office on the terms and conditions decided by the Governor in Council to the extent the terms and conditions are not provided for by this Act.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Vacancy in office","content":"### sec.10 Vacancy in office\n\nThe office of the director becomes vacant if the director—\ncompletes a term of office and is not reappointed; or\nresigns from office by signed notice given to the Minister at least 1 month before the resignation is to have effect; or\nis convicted of an indictable offence; or\nis an insolvent under administration; or\nis removed from office by the Governor in Council under subsection (3) .\nAlso, if the director is suspended by the Minister under subsection (5) , the office is vacant during the period of suspension.\nThe Governor in Council may, at any time, remove the director from office on the recommendation of the Minister.\nThe Minister may recommend the removal of the director for any reason or none.\nThe Minister may, for any reason or none, suspend the director for not more than 6 months by signed notice given to the director.\nThis section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954 , section 25 .\ns 10 amd 2025 No. 18 s 59H\n(sec.10-ssec.1) The office of the director becomes vacant if the director— completes a term of office and is not reappointed; or resigns from office by signed notice given to the Minister at least 1 month before the resignation is to have effect; or is convicted of an indictable offence; or is an insolvent under administration; or is removed from office by the Governor in Council under subsection (3) .\n(sec.10-ssec.2) Also, if the director is suspended by the Minister under subsection (5) , the office is vacant during the period of suspension.\n(sec.10-ssec.3) The Governor in Council may, at any time, remove the director from office on the recommendation of the Minister.\n(sec.10-ssec.4) The Minister may recommend the removal of the director for any reason or none.\n(sec.10-ssec.5) The Minister may, for any reason or none, suspend the director for not more than 6 months by signed notice given to the director.\n(sec.10-ssec.6) This section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954 , section 25 .\n- (a) completes a term of office and is not reappointed; or\n- (b) resigns from office by signed notice given to the Minister at least 1 month before the resignation is to have effect; or\n- (c) is convicted of an indictable offence; or\n- (d) is an insolvent under administration; or\n- (e) is removed from office by the Governor in Council under subsection (3) .","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Director must disclose insolvency","content":"### sec.11 Director must disclose insolvency\n\nThis section applies to a person who—\nis appointed as the director; and\nduring the term of the person’s appointment, becomes an insolvent under administration.\nThe person must, unless the person has a reasonable excuse, immediately give written notice of the insolvency to the Minister.\nMaximum penalty—100 penalty units.\n(sec.11-ssec.1) This section applies to a person who— is appointed as the director; and during the term of the person’s appointment, becomes an insolvent under administration.\n(sec.11-ssec.2) The person must, unless the person has a reasonable excuse, immediately give written notice of the insolvency to the Minister. Maximum penalty—100 penalty units.\n- (a) is appointed as the director; and\n- (b) during the term of the person’s appointment, becomes an insolvent under administration.","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"Acting director","content":"### sec.12 Acting director\n\nThis section applies if—\nthere is a vacancy in the office of the director; or\nthe director is absent from duty or otherwise unable to perform the director’s functions.\nThe Minister may appoint a person to act as the director for a period of not more than 6 months.\nA person can not be appointed to act as the director unless the Minister could recommend the person for appointment as director under section 7 .\nA person appointed to act as the director may be appointed to act as the director for a further period—\nif the appointment is continuous on 1 or more of the person’s previous appointments as acting director and the total period of continuous appointments is not more than 6 months—by the Minister; or\notherwise—by the Governor in Council.\nThis section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954 , section 25 (1) (b) (iv) or (v) .\n(sec.12-ssec.1) This section applies if— there is a vacancy in the office of the director; or the director is absent from duty or otherwise unable to perform the director’s functions.\n(sec.12-ssec.2) The Minister may appoint a person to act as the director for a period of not more than 6 months.\n(sec.12-ssec.3) A person can not be appointed to act as the director unless the Minister could recommend the person for appointment as director under section 7 .\n(sec.12-ssec.4) A person appointed to act as the director may be appointed to act as the director for a further period— if the appointment is continuous on 1 or more of the person’s previous appointments as acting director and the total period of continuous appointments is not more than 6 months—by the Minister; or otherwise—by the Governor in Council.\n(sec.12-ssec.5) This section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954 , section 25 (1) (b) (iv) or (v) .\n- (a) there is a vacancy in the office of the director; or\n- (b) the director is absent from duty or otherwise unable to perform the director’s functions.\n- (a) if the appointment is continuous on 1 or more of the person’s previous appointments as acting director and the total period of continuous appointments is not more than 6 months—by the Minister; or\n- (b) otherwise—by the Governor in Council.","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"Functions of director","content":"### sec.13 Functions of director\n\nThe director’s functions are to support the administration of criminal justice in Queensland by—\nleading the provision of forensic services and advice about forensic services to the Queensland Police Service, the Director of Public Prosecutions, coroners and other entities who perform functions related to the administration of criminal justice; and\nensuring forensic services and advice provided to the entities mentioned in paragraph (a) are—\nreliable and impartial; and\nbased on high quality processes and techniques that comply with relevant standards and accreditation requirements; and\nensuring research, development and innovation are undertaken to inform the provision of forensic services; and\ndeveloping partnerships and collaborating with other entities to inform and support the provision of forensic services.\nAlso, the director has any other function—\ngiven to the director under this Act or another Act; or\nprescribed by regulation.\nIn this section—\ncoroner see the Coroners Act 2003 , schedule 2 .\ns 13 amd 2025 No. 18 s 59I\n(sec.13-ssec.1) The director’s functions are to support the administration of criminal justice in Queensland by— leading the provision of forensic services and advice about forensic services to the Queensland Police Service, the Director of Public Prosecutions, coroners and other entities who perform functions related to the administration of criminal justice; and ensuring forensic services and advice provided to the entities mentioned in paragraph (a) are— reliable and impartial; and based on high quality processes and techniques that comply with relevant standards and accreditation requirements; and ensuring research, development and innovation are undertaken to inform the provision of forensic services; and developing partnerships and collaborating with other entities to inform and support the provision of forensic services.\n(sec.13-ssec.2) Also, the director has any other function— given to the director under this Act or another Act; or prescribed by regulation.\n(sec.13-ssec.3) In this section— coroner see the Coroners Act 2003 , schedule 2 .\n- (a) leading the provision of forensic services and advice about forensic services to the Queensland Police Service, the Director of Public Prosecutions, coroners and other entities who perform functions related to the administration of criminal justice; and\n- (b) ensuring forensic services and advice provided to the entities mentioned in paragraph (a) are— (i) reliable and impartial; and (ii) based on high quality processes and techniques that comply with relevant standards and accreditation requirements; and\n- (i) reliable and impartial; and\n- (ii) based on high quality processes and techniques that comply with relevant standards and accreditation requirements; and\n- (c) ensuring research, development and innovation are undertaken to inform the provision of forensic services; and\n- (d) developing partnerships and collaborating with other entities to inform and support the provision of forensic services.\n- (i) reliable and impartial; and\n- (ii) based on high quality processes and techniques that comply with relevant standards and accreditation requirements; and\n- (a) given to the director under this Act or another Act; or\n- (b) prescribed by regulation.","sortOrder":15},{"sectionNumber":"sec.14","sectionType":"section","heading":"Powers of director","content":"### sec.14 Powers of director\n\nThe director has the power to do all things necessary or convenient to be done in performing the director’s functions, including the power to—\nenter into an arrangement with a person or other entity to assist the director in the performance of the director’s functions; and\nestablish an advisory committee or subcommittee for the purpose of obtaining expert advice on the performance of the director’s functions.\nThe director may direct Forensic Science Queensland to—\nprovide scientific analysis in non-criminal matters in Queensland or other jurisdictions; and\nsupport the administration of criminal justice in other jurisdictions.\nFor subsection (2) (b) , the reference to the Coroners Act 2003 in section 6 includes a reference to a corresponding law of another jurisdiction.\n(sec.14-ssec.1) The director has the power to do all things necessary or convenient to be done in performing the director’s functions, including the power to— enter into an arrangement with a person or other entity to assist the director in the performance of the director’s functions; and establish an advisory committee or subcommittee for the purpose of obtaining expert advice on the performance of the director’s functions.\n(sec.14-ssec.2) The director may direct Forensic Science Queensland to— provide scientific analysis in non-criminal matters in Queensland or other jurisdictions; and support the administration of criminal justice in other jurisdictions.\n(sec.14-ssec.3) For subsection (2) (b) , the reference to the Coroners Act 2003 in section 6 includes a reference to a corresponding law of another jurisdiction.\n- (a) enter into an arrangement with a person or other entity to assist the director in the performance of the director’s functions; and\n- (b) establish an advisory committee or subcommittee for the purpose of obtaining expert advice on the performance of the director’s functions.\n- (a) provide scientific analysis in non-criminal matters in Queensland or other jurisdictions; and\n- (b) support the administration of criminal justice in other jurisdictions.","sortOrder":16},{"sectionNumber":"pt.2-div.1A","sectionType":"division","heading":"Deputy directors of Forensic Science Queensland","content":"## Deputy directors of Forensic Science Queensland","sortOrder":17},{"sectionNumber":"sec.14A","sectionType":"section","heading":"Appointment","content":"### sec.14A Appointment\n\nThe Minister may appoint an appropriately qualified person to be a deputy director of Forensic Science Queensland.\nHowever, a person must not be appointed as a deputy director if the person—\nhas a conviction, other than a spent conviction, for an indictable offence; or\nis an insolvent under administration.\nA deputy director is appointed under this Act and not under the Public Sector Act 2022 .\ns 14A ins 2025 No. 18 s 59J\n(sec.14A-ssec.1) The Minister may appoint an appropriately qualified person to be a deputy director of Forensic Science Queensland.\n(sec.14A-ssec.2) However, a person must not be appointed as a deputy director if the person— has a conviction, other than a spent conviction, for an indictable offence; or is an insolvent under administration.\n(sec.14A-ssec.3) A deputy director is appointed under this Act and not under the Public Sector Act 2022 .\n- (a) has a conviction, other than a spent conviction, for an indictable offence; or\n- (b) is an insolvent under administration.","sortOrder":18},{"sectionNumber":"sec.14B","sectionType":"section","heading":"Term of appointment","content":"### sec.14B Term of appointment\n\nA deputy director is appointed for the term, of not more than 5 years, stated in the deputy director’s instrument of appointment.\nA deputy director may be reappointed.\ns 14B ins 2025 No. 18 s 59J\n(sec.14B-ssec.1) A deputy director is appointed for the term, of not more than 5 years, stated in the deputy director’s instrument of appointment.\n(sec.14B-ssec.2) A deputy director may be reappointed.","sortOrder":19},{"sectionNumber":"sec.14C","sectionType":"section","heading":"Conditions of appointment","content":"### sec.14C Conditions of appointment\n\nA deputy director is to be paid the remuneration and allowances decided by the Minister.\nThe deputy director holds office on the terms and conditions decided by the Minister to the extent the terms and conditions are not provided for by this Act.\ns 14C ins 2025 No. 18 s 59J\n(sec.14C-ssec.1) A deputy director is to be paid the remuneration and allowances decided by the Minister.\n(sec.14C-ssec.2) The deputy director holds office on the terms and conditions decided by the Minister to the extent the terms and conditions are not provided for by this Act.","sortOrder":20},{"sectionNumber":"sec.14D","sectionType":"section","heading":"Vacancy in office","content":"### sec.14D Vacancy in office\n\nThe office of a deputy director becomes vacant if the deputy director—\ncompletes a term of office and is not reappointed; or\nresigns from office by signed notice given to the Minister; or\nis removed from office by the Minister under subsection (2) .\nThe Minister may, for any reason or none, terminate the deputy director’s appointment.\nAlso, the Minister may, for any reason or none, suspend the deputy director for not more than 6 months by signed notice given to the deputy director.\nThis section does not limit the Minister’s power under the Acts Interpretation Act 1954 , section 25 .\ns 14D ins 2025 No. 18 s 59J\n(sec.14D-ssec.1) The office of a deputy director becomes vacant if the deputy director— completes a term of office and is not reappointed; or resigns from office by signed notice given to the Minister; or is removed from office by the Minister under subsection (2) .\n(sec.14D-ssec.2) The Minister may, for any reason or none, terminate the deputy director’s appointment.\n(sec.14D-ssec.3) Also, the Minister may, for any reason or none, suspend the deputy director for not more than 6 months by signed notice given to the deputy director.\n(sec.14D-ssec.4) This section does not limit the Minister’s power under the Acts Interpretation Act 1954 , section 25 .\n- (a) completes a term of office and is not reappointed; or\n- (b) resigns from office by signed notice given to the Minister; or\n- (c) is removed from office by the Minister under subsection (2) .","sortOrder":21},{"sectionNumber":"sec.14E","sectionType":"section","heading":"Deputy director must disclose insolvency","content":"### sec.14E Deputy director must disclose insolvency\n\nThis section applies to a person who—\nis appointed as a deputy director; and\nduring the term of the person’s appointment, becomes an insolvent under administration.\nThe person must, unless the person has a reasonable excuse, immediately give written notice of the insolvency to the Minister.\nMaximum penalty—100 penalty units.\ns 14E ins 2025 No. 18 s 59J\n(sec.14E-ssec.1) This section applies to a person who— is appointed as a deputy director; and during the term of the person’s appointment, becomes an insolvent under administration.\n(sec.14E-ssec.2) The person must, unless the person has a reasonable excuse, immediately give written notice of the insolvency to the Minister. Maximum penalty—100 penalty units.\n- (a) is appointed as a deputy director; and\n- (b) during the term of the person’s appointment, becomes an insolvent under administration.","sortOrder":22},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Criminal history checking","content":"## Criminal history checking","sortOrder":23},{"sectionNumber":"sec.15","sectionType":"section","heading":"Criminal history report","content":"### sec.15 Criminal history report\n\nThis section applies to enable the Minister to decide whether a person is qualified to become, or continue as, the director or a deputy director.\nThe Minister may ask the police commissioner for—\na written report about the criminal history of the person; and\na brief description of the circumstances of a conviction mentioned in the criminal history.\nHowever, the Minister may make the request only if the person has given the Minister written consent for the request.\nThe police commissioner must comply with the request.\nHowever, the duty to comply with the request applies only to information in the possession of the police commissioner or to which the police commissioner has access.\nIn this section—\ncriminal history , of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than spent convictions.\ns 15 amd 2025 No. 18 s 59K\n(sec.15-ssec.1) This section applies to enable the Minister to decide whether a person is qualified to become, or continue as, the director or a deputy director.\n(sec.15-ssec.2) The Minister may ask the police commissioner for— a written report about the criminal history of the person; and a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.15-ssec.3) However, the Minister may make the request only if the person has given the Minister written consent for the request.\n(sec.15-ssec.4) The police commissioner must comply with the request.\n(sec.15-ssec.5) However, the duty to comply with the request applies only to information in the possession of the police commissioner or to which the police commissioner has access.\n(sec.15-ssec.6) In this section— criminal history , of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than spent convictions.\n- (a) a written report about the criminal history of the person; and\n- (b) a brief description of the circumstances of a conviction mentioned in the criminal history.","sortOrder":24},{"sectionNumber":"sec.16","sectionType":"section","heading":"Charges and convictions must be disclosed by director or deputy director","content":"### sec.16 Charges and convictions must be disclosed by director or deputy director\n\nThis section applies if a person who is appointed as the director or a deputy director is charged with, or convicted of, an indictable offence during the term of the person’s appointment.\nThe person must, unless the person has a reasonable excuse, immediately give written notice to the Minister about the charge or conviction.\nMaximum penalty—100 penalty units.\nThe notice must state—\nthe existence of the charge or conviction; and\nwhen the offence was committed or allegedly committed; and\ndetails adequate to identify the offence or alleged offence; and\nfor a conviction—the sentence imposed on the person.\ns 16 amd 2025 No. 18 s 59L\n(sec.16-ssec.1) This section applies if a person who is appointed as the director or a deputy director is charged with, or convicted of, an indictable offence during the term of the person’s appointment.\n(sec.16-ssec.2) The person must, unless the person has a reasonable excuse, immediately give written notice to the Minister about the charge or conviction. Maximum penalty—100 penalty units.\n(sec.16-ssec.3) The notice must state— the existence of the charge or conviction; and when the offence was committed or allegedly committed; and details adequate to identify the offence or alleged offence; and for a conviction—the sentence imposed on the person.\n- (a) the existence of the charge or conviction; and\n- (b) when the offence was committed or allegedly committed; and\n- (c) details adequate to identify the offence or alleged offence; and\n- (d) for a conviction—the sentence imposed on the person.","sortOrder":25},{"sectionNumber":"sec.17","sectionType":"section","heading":"Confidentiality of criminal history information","content":"### sec.17 Confidentiality of criminal history information\n\nThis section applies to a person who—\nis or has been—\nthe Minister; or\na public sector employee performing functions under, or relating to the administration of, this Act; and\nin that capacity, has acquired or has access to criminal history information.\nThe person must not disclose the criminal history information to anyone else, or use the information, other than under this section.\nMaximum penalty—200 penalty units.\nThe person may disclose or use the criminal history information—\nto the extent the disclosure or use is—\nnecessary to perform the person’s functions under or relating to this part; or\notherwise required or permitted under this Act or another law; or\nwith the consent of the person to whom the criminal history information relates.\nA person who possesses a report given to the Minister under section 15 or a notice given to the Minister under section 16 must ensure the report or notice is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.\nIn this section—\ncriminal history information means information contained in—\na report given to the Minister under section 15 ; or\na notice given to the Minister under section 16 .\ndisclose includes give access to.\n(sec.17-ssec.1) This section applies to a person who— is or has been— the Minister; or a public sector employee performing functions under, or relating to the administration of, this Act; and in that capacity, has acquired or has access to criminal history information.\n(sec.17-ssec.2) The person must not disclose the criminal history information to anyone else, or use the information, other than under this section. Maximum penalty—200 penalty units.\n(sec.17-ssec.3) The person may disclose or use the criminal history information— to the extent the disclosure or use is— necessary to perform the person’s functions under or relating to this part; or otherwise required or permitted under this Act or another law; or with the consent of the person to whom the criminal history information relates.\n(sec.17-ssec.4) A person who possesses a report given to the Minister under section 15 or a notice given to the Minister under section 16 must ensure the report or notice is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.\n(sec.17-ssec.5) In this section— criminal history information means information contained in— a report given to the Minister under section 15 ; or a notice given to the Minister under section 16 . disclose includes give access to.\n- (a) is or has been— (i) the Minister; or (ii) a public sector employee performing functions under, or relating to the administration of, this Act; and\n- (i) the Minister; or\n- (ii) a public sector employee performing functions under, or relating to the administration of, this Act; and\n- (b) in that capacity, has acquired or has access to criminal history information.\n- (i) the Minister; or\n- (ii) a public sector employee performing functions under, or relating to the administration of, this Act; and\n- (a) to the extent the disclosure or use is— (i) necessary to perform the person’s functions under or relating to this part; or (ii) otherwise required or permitted under this Act or another law; or\n- (i) necessary to perform the person’s functions under or relating to this part; or\n- (ii) otherwise required or permitted under this Act or another law; or\n- (b) with the consent of the person to whom the criminal history information relates.\n- (i) necessary to perform the person’s functions under or relating to this part; or\n- (ii) otherwise required or permitted under this Act or another law; or\n- (a) a report given to the Minister under section 15 ; or\n- (b) a notice given to the Minister under section 16 .","sortOrder":26},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Other provisions relating to director and deputy directors","content":"## Other provisions relating to director and deputy directors","sortOrder":27},{"sectionNumber":"sec.18","sectionType":"section","heading":"Delegation","content":"### sec.18 Delegation\n\nThe director may delegate the director’s functions and powers under this Act or another Act to—\na deputy director; or\nan appropriately qualified staff member of Forensic Science Queensland.\nA deputy director may subdelegate a function or power delegated to the deputy director under subsection (1) to an appropriately qualified staff member of Forensic Science Queensland.\ns 18 amd 2025 No. 18 s 59N\n(sec.18-ssec.1) The director may delegate the director’s functions and powers under this Act or another Act to— a deputy director; or an appropriately qualified staff member of Forensic Science Queensland.\n(sec.18-ssec.2) A deputy director may subdelegate a function or power delegated to the deputy director under subsection (1) to an appropriately qualified staff member of Forensic Science Queensland.\n- (a) a deputy director; or\n- (b) an appropriately qualified staff member of Forensic Science Queensland.","sortOrder":28},{"sectionNumber":"sec.19","sectionType":"section","heading":"Minister may give directions","content":"### sec.19 Minister may give directions\n\nThe Minister may give the director a direction about a matter relevant to the performance or exercise of the director’s functions or powers.\nHowever, a direction may not be about a particular person or matter.\nThe director must comply with a direction given by the Minister under this section.\ns 19 sub 2025 No. 18 s 59O\n(sec.19-ssec.1) The Minister may give the director a direction about a matter relevant to the performance or exercise of the director’s functions or powers.\n(sec.19-ssec.2) However, a direction may not be about a particular person or matter.\n(sec.19-ssec.3) The director must comply with a direction given by the Minister under this section.","sortOrder":29},{"sectionNumber":"sec.19A","sectionType":"section","heading":"Minister may request information","content":"### sec.19A Minister may request information\n\nThe Minister may ask the director for information about a stated matter relevant to the performance or exercise of the director’s functions or powers.\nThe director must comply with the request.\ns 19A ins 2025 No. 18 s 59O\n(sec.19A-ssec.1) The Minister may ask the director for information about a stated matter relevant to the performance or exercise of the director’s functions or powers.\n(sec.19A-ssec.2) The director must comply with the request.","sortOrder":30},{"sectionNumber":"sec.20","sectionType":"section","heading":"Limitation on performing other work","content":"### sec.20 Limitation on performing other work\n\nThe director or a deputy director must not, without the Minister’s consent, perform paid work other than under this Act.\ns 20 amd 2025 No. 18 s 59P","sortOrder":31},{"sectionNumber":"sec.21","sectionType":"section","heading":"Conflicts of interest","content":"### sec.21 Conflicts of interest\n\nIf a person appointed as the director or a deputy director has an interest that conflicts, or may conflict, with the discharge of the person’s functions under this Act, the person—\nmust disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the person’s knowledge; and\nmust not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the Minister.\ns 21 amd 2025 No. 18 s 59Q\n- (a) must disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the person’s knowledge; and\n- (b) must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the Minister.","sortOrder":32},{"sectionNumber":"sec.22","sectionType":"section","heading":"Preservation of rights","content":"### sec.22 Preservation of rights\n\nThis section applies if a public sector employee is appointed as the director or a deputy director.\nThe person keeps all rights accrued or accruing to the person as a public sector employee as if service as the director or a deputy director were a continuation of service as a public sector employee.\nAt the end of the person’s term of office or on resignation as the director or a deputy director, the person’s service as the director or a deputy director is taken to be service of a like nature for deciding the person’s rights as a public sector employee.\ns 22 amd 2025 No. 18 s 59R\n(sec.22-ssec.1) This section applies if a public sector employee is appointed as the director or a deputy director.\n(sec.22-ssec.2) The person keeps all rights accrued or accruing to the person as a public sector employee as if service as the director or a deputy director were a continuation of service as a public sector employee.\n(sec.22-ssec.3) At the end of the person’s term of office or on resignation as the director or a deputy director, the person’s service as the director or a deputy director is taken to be service of a like nature for deciding the person’s rights as a public sector employee.","sortOrder":33},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Office and staff","content":"## Office and staff","sortOrder":34},{"sectionNumber":"sec.23","sectionType":"section","heading":"Establishment","content":"### sec.23 Establishment\n\nThe Office of the Director of Forensic Science Queensland ( Forensic Science Queensland ) is established.\nForensic Science Queensland consists of—\nthe director; and\neach deputy director; and\nthe staff of Forensic Science Queensland.\ns 23 amd 2025 No. 18 s 59T\n(sec.23-ssec.1) The Office of the Director of Forensic Science Queensland ( Forensic Science Queensland ) is established.\n(sec.23-ssec.2) Forensic Science Queensland consists of— the director; and each deputy director; and the staff of Forensic Science Queensland.\n- (a) the director; and\n- (b) each deputy director; and\n- (c) the staff of Forensic Science Queensland.","sortOrder":35},{"sectionNumber":"sec.24","sectionType":"section","heading":"Function","content":"### sec.24 Function\n\nThe function of Forensic Science Queensland is to help the director perform the director’s functions.","sortOrder":36},{"sectionNumber":"sec.25","sectionType":"section","heading":"Staff","content":"### sec.25 Staff\n\nThe staff of Forensic Science Queensland are employed under the Public Sector Act 2022 .","sortOrder":37},{"sectionNumber":"pt.4","sectionType":"part","heading":"Forensic Science Queensland Advisory Council","content":"# Forensic Science Queensland Advisory Council","sortOrder":38},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Establishment, functions and powers","content":"## Establishment, functions and powers","sortOrder":39},{"sectionNumber":"sec.26","sectionType":"section","heading":"Establishment","content":"### sec.26 Establishment\n\nThe Forensic Science Queensland Advisory Council is established.","sortOrder":40},{"sectionNumber":"sec.27","sectionType":"section","heading":"Functions","content":"### sec.27 Functions\n\nThe council has the following functions—\nto monitor and review policies and procedures of Forensic Science Queensland relating to the administration of criminal justice;\nto give advice or make recommendations about the policies and procedures mentioned in paragraph (a) ;\nanother function as directed by the Minister.\nThe council may give the advice or make the recommendations mentioned in subsection (1) (b) to the Minister or the director, on its own initiative or on request by the Minister.\n(sec.27-ssec.1) The council has the following functions— to monitor and review policies and procedures of Forensic Science Queensland relating to the administration of criminal justice; to give advice or make recommendations about the policies and procedures mentioned in paragraph (a) ; another function as directed by the Minister.\n(sec.27-ssec.2) The council may give the advice or make the recommendations mentioned in subsection (1) (b) to the Minister or the director, on its own initiative or on request by the Minister.\n- (a) to monitor and review policies and procedures of Forensic Science Queensland relating to the administration of criminal justice;\n- (b) to give advice or make recommendations about the policies and procedures mentioned in paragraph (a) ;\n- (c) another function as directed by the Minister.","sortOrder":41},{"sectionNumber":"sec.28","sectionType":"section","heading":"Powers","content":"### sec.28 Powers\n\nThe council has the power to do anything necessary or convenient to be done in performing the council’s functions.","sortOrder":42},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Membership","content":"## Membership","sortOrder":43},{"sectionNumber":"sec.29","sectionType":"section","heading":"Council members","content":"### sec.29 Council members\n\nThe council consists of up to 11 members appointed by the Minister.\nHowever, the Minister must appoint the following persons as council members—\n1 person who is a representative of the Queensland Police Service;\n1 person who is a representative of the Office of the Director of Public Prosecutions;\n1 person who is a representative of Legal Aid Queensland;\n1 person who holds qualifications, or has experience, relating to supporting victims of crime;\n1 person who holds qualifications, or has experience, relating to forensic services and is not employed by the State;\n1 person who is a practising lawyer and is not employed by the State.\nAlso, any other person appointed by the Minister as a council member must hold qualifications, or have experience, in at least 1 of the following fields—\nforensic services;\npolicing;\nlaw;\nsupport for victims of crime;\nanother field the Minister is satisfied is necessary or relevant to support the council’s functions.\nA person appointed as a council member under this section is appointed under this Act and not the Public Sector Act 2022 .\nIn this section—\nLegal Aid Queensland means Legal Aid Queensland established under the Legal Aid Queensland Act 1997 .\n(sec.29-ssec.1) The council consists of up to 11 members appointed by the Minister.\n(sec.29-ssec.2) However, the Minister must appoint the following persons as council members— 1 person who is a representative of the Queensland Police Service; 1 person who is a representative of the Office of the Director of Public Prosecutions; 1 person who is a representative of Legal Aid Queensland; 1 person who holds qualifications, or has experience, relating to supporting victims of crime; 1 person who holds qualifications, or has experience, relating to forensic services and is not employed by the State; 1 person who is a practising lawyer and is not employed by the State.\n(sec.29-ssec.3) Also, any other person appointed by the Minister as a council member must hold qualifications, or have experience, in at least 1 of the following fields— forensic services; policing; law; support for victims of crime; another field the Minister is satisfied is necessary or relevant to support the council’s functions.\n(sec.29-ssec.4) A person appointed as a council member under this section is appointed under this Act and not the Public Sector Act 2022 .\n(sec.29-ssec.5) In this section— Legal Aid Queensland means Legal Aid Queensland established under the Legal Aid Queensland Act 1997 .\n- (a) 1 person who is a representative of the Queensland Police Service;\n- (b) 1 person who is a representative of the Office of the Director of Public Prosecutions;\n- (c) 1 person who is a representative of Legal Aid Queensland;\n- (d) 1 person who holds qualifications, or has experience, relating to supporting victims of crime;\n- (e) 1 person who holds qualifications, or has experience, relating to forensic services and is not employed by the State;\n- (f) 1 person who is a practising lawyer and is not employed by the State.\n- (a) forensic services;\n- (b) policing;\n- (c) law;\n- (d) support for victims of crime;\n- (e) another field the Minister is satisfied is necessary or relevant to support the council’s functions.","sortOrder":44},{"sectionNumber":"sec.30","sectionType":"section","heading":"Chairperson","content":"### sec.30 Chairperson\n\nThe Minister must appoint a council member to be the chairperson of the council.\nA council member may be appointed as the chairperson at the same time the person is appointed as a council member.\nThe chairperson holds office for the term, ending not later than the end of the person’s term of appointment as a council member, stated in the person’s appointment as chairperson.\nHowever, a person’s appointment as chairperson ends if—\nduring the term of the appointment the person stops being a council member; or\nthe person resigns as chairperson by signed notice given to the Minister.\n(sec.30-ssec.1) The Minister must appoint a council member to be the chairperson of the council.\n(sec.30-ssec.2) A council member may be appointed as the chairperson at the same time the person is appointed as a council member.\n(sec.30-ssec.3) The chairperson holds office for the term, ending not later than the end of the person’s term of appointment as a council member, stated in the person’s appointment as chairperson.\n(sec.30-ssec.4) However, a person’s appointment as chairperson ends if— during the term of the appointment the person stops being a council member; or the person resigns as chairperson by signed notice given to the Minister.\n- (a) during the term of the appointment the person stops being a council member; or\n- (b) the person resigns as chairperson by signed notice given to the Minister.","sortOrder":45},{"sectionNumber":"sec.31","sectionType":"section","heading":"Deputy chairperson","content":"### sec.31 Deputy chairperson\n\nThe council members must appoint 1 of the members, other than the chairperson, to be the deputy chairperson.\nThe deputy chairperson holds office for the term, ending not later than the end of the person’s term of appointment as a council member, decided by the council.\nHowever, a person’s appointment as deputy chairperson ends if—\nduring the term of the appointment the person stops being a council member; or\nthe person resigns as deputy chairperson by signed notice given to the council.\n(sec.31-ssec.1) The council members must appoint 1 of the members, other than the chairperson, to be the deputy chairperson.\n(sec.31-ssec.2) The deputy chairperson holds office for the term, ending not later than the end of the person’s term of appointment as a council member, decided by the council.\n(sec.31-ssec.3) However, a person’s appointment as deputy chairperson ends if— during the term of the appointment the person stops being a council member; or the person resigns as deputy chairperson by signed notice given to the council.\n- (a) during the term of the appointment the person stops being a council member; or\n- (b) the person resigns as deputy chairperson by signed notice given to the council.","sortOrder":46},{"sectionNumber":"sec.32","sectionType":"section","heading":"Term of appointment","content":"### sec.32 Term of appointment\n\nA council member holds office for the term, not longer than 3 years, stated in the member’s instrument of appointment.\nThe council member may be reappointed.\n(sec.32-ssec.1) A council member holds office for the term, not longer than 3 years, stated in the member’s instrument of appointment.\n(sec.32-ssec.2) The council member may be reappointed.","sortOrder":47},{"sectionNumber":"sec.33","sectionType":"section","heading":"Conditions of appointment","content":"### sec.33 Conditions of appointment\n\nA council member is to be paid the remuneration and allowances decided by the Minister.\nThe council member holds office on the terms and conditions decided by the Minister to the extent the terms and conditions are not provided for by this Act.\n(sec.33-ssec.1) A council member is to be paid the remuneration and allowances decided by the Minister.\n(sec.33-ssec.2) The council member holds office on the terms and conditions decided by the Minister to the extent the terms and conditions are not provided for by this Act.","sortOrder":48},{"sectionNumber":"sec.34","sectionType":"section","heading":"Vacancy in office","content":"### sec.34 Vacancy in office\n\nThe office of a council member becomes vacant if the member—\ncompletes the member’s term of office and is not reappointed; or\nresigns from office by signed notice given to the Minister; or\nis removed from office by the Minister under subsection (2) .\nThe Minister may, by written notice given to the council member, terminate the member’s appointment for any reason or none.\nThis section does not limit the Minister’s power under the Acts Interpretation Act 1954 , section 25 .\ns 34 amd 2025 No. 18 s 59U\n(sec.34-ssec.1) The office of a council member becomes vacant if the member— completes the member’s term of office and is not reappointed; or resigns from office by signed notice given to the Minister; or is removed from office by the Minister under subsection (2) .\n(sec.34-ssec.2) The Minister may, by written notice given to the council member, terminate the member’s appointment for any reason or none.\n(sec.34-ssec.3) This section does not limit the Minister’s power under the Acts Interpretation Act 1954 , section 25 .\n- (a) completes the member’s term of office and is not reappointed; or\n- (b) resigns from office by signed notice given to the Minister; or\n- (c) is removed from office by the Minister under subsection (2) .","sortOrder":49},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Meetings","content":"## Meetings","sortOrder":50},{"sectionNumber":"sec.35","sectionType":"section","heading":"Conduct of business","content":"### sec.35 Conduct of business\n\nSubject to this division, the council may conduct its business, including council meetings, in the way the council considers appropriate.","sortOrder":51},{"sectionNumber":"sec.36","sectionType":"section","heading":"Council meetings generally","content":"### sec.36 Council meetings generally\n\nThe chairperson may convene a meeting of council members (a council meeting ) as often as is necessary for the performance of the council’s functions.","sortOrder":52},{"sectionNumber":"sec.37","sectionType":"section","heading":"Minutes and other records","content":"### sec.37 Minutes and other records\n\nThe council must keep—\nminutes of council meetings; and\na record of its decisions and resolutions.\n- (a) minutes of council meetings; and\n- (b) a record of its decisions and resolutions.","sortOrder":53},{"sectionNumber":"sec.38","sectionType":"section","heading":"Presiding at council meetings","content":"### sec.38 Presiding at council meetings\n\nThe chairperson is to preside at all council meetings at which the chairperson is present.\nIf the chairperson is not present at a council meeting, the deputy chairperson is to preside if present.\nIf the chairperson and deputy chairperson are not present at a council meeting, the member chosen by the members present is to preside.\n(sec.38-ssec.1) The chairperson is to preside at all council meetings at which the chairperson is present.\n(sec.38-ssec.2) If the chairperson is not present at a council meeting, the deputy chairperson is to preside if present.\n(sec.38-ssec.3) If the chairperson and deputy chairperson are not present at a council meeting, the member chosen by the members present is to preside.","sortOrder":54},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":55},{"sectionNumber":"sec.39","sectionType":"section","heading":"Advice and recommendations of council","content":"### sec.39 Advice and recommendations of council\n\nThis section applies if—\nthe council gives advice or makes a recommendation about a matter to the Minister or the director; and\nthe council’s decision on the matter is not unanimous.\nThe council’s advice or recommendation must include a fair summary of the views of each council member who did not agree with the decision.\n(sec.39-ssec.1) This section applies if— the council gives advice or makes a recommendation about a matter to the Minister or the director; and the council’s decision on the matter is not unanimous.\n(sec.39-ssec.2) The council’s advice or recommendation must include a fair summary of the views of each council member who did not agree with the decision.\n- (a) the council gives advice or makes a recommendation about a matter to the Minister or the director; and\n- (b) the council’s decision on the matter is not unanimous.","sortOrder":56},{"sectionNumber":"pt.5","sectionType":"part","heading":"Confidentiality","content":"# Confidentiality","sortOrder":57},{"sectionNumber":"sec.40","sectionType":"section","heading":"Confidentiality of information","content":"### sec.40 Confidentiality of information\n\nThis section applies if a person gains confidential information through involvement in the administration of this Act because of being, or an opportunity given by being—\nthe director; or\na deputy director; or\na council member; or\na staff member of Forensic Science Queensland; or\na person assisting the council in the performance of its functions; or\na person assisting the director under an arrangement; or\na public sector employee or other person assisting the director.\nThe person must not disclose the information to anyone else, or use the information, other than under this section.\nMaximum penalty—200 penalty units.\nThe person may disclose or use the information—\nto the extent the disclosure or use is—\nnecessary to perform the person’s functions under or relating to this Act; or\nrequired or permitted by this Act or another law; or\nif the disclosure is—\nunder an arrangement for the provision of forensic services; and\nto the person or other entity that requested the forensic services under the arrangement; or\nfor a proceeding in a court or tribunal; or\nif authorised by a court or tribunal in the interests of justice; or\nwith the consent of the person to whom the information relates.\nIn this section—\narrangement means an arrangement mentioned in section 14 (1) (a) .\nconfidential information —\nincludes information about a person’s affairs; but\ndoes not include statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.\ndisclose includes give access to.\ns 40 amd 2025 No. 18 s 59V\n(sec.40-ssec.1) This section applies if a person gains confidential information through involvement in the administration of this Act because of being, or an opportunity given by being— the director; or a deputy director; or a council member; or a staff member of Forensic Science Queensland; or a person assisting the council in the performance of its functions; or a person assisting the director under an arrangement; or a public sector employee or other person assisting the director.\n(sec.40-ssec.2) The person must not disclose the information to anyone else, or use the information, other than under this section. Maximum penalty—200 penalty units.\n(sec.40-ssec.3) The person may disclose or use the information— to the extent the disclosure or use is— necessary to perform the person’s functions under or relating to this Act; or required or permitted by this Act or another law; or if the disclosure is— under an arrangement for the provision of forensic services; and to the person or other entity that requested the forensic services under the arrangement; or for a proceeding in a court or tribunal; or if authorised by a court or tribunal in the interests of justice; or with the consent of the person to whom the information relates.\n(sec.40-ssec.4) In this section— arrangement means an arrangement mentioned in section 14 (1) (a) . confidential information — includes information about a person’s affairs; but does not include statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates. disclose includes give access to.\n- (a) the director; or\n- (b) a deputy director; or\n- (c) a council member; or\n- (d) a staff member of Forensic Science Queensland; or\n- (e) a person assisting the council in the performance of its functions; or\n- (f) a person assisting the director under an arrangement; or\n- (g) a public sector employee or other person assisting the director.\n- (a) to the extent the disclosure or use is— (i) necessary to perform the person’s functions under or relating to this Act; or (ii) required or permitted by this Act or another law; or\n- (i) necessary to perform the person’s functions under or relating to this Act; or\n- (ii) required or permitted by this Act or another law; or\n- (b) if the disclosure is— (i) under an arrangement for the provision of forensic services; and (ii) to the person or other entity that requested the forensic services under the arrangement; or\n- (i) under an arrangement for the provision of forensic services; and\n- (ii) to the person or other entity that requested the forensic services under the arrangement; or\n- (c) for a proceeding in a court or tribunal; or\n- (d) if authorised by a court or tribunal in the interests of justice; or\n- (e) with the consent of the person to whom the information relates.\n- (i) necessary to perform the person’s functions under or relating to this Act; or\n- (ii) required or permitted by this Act or another law; or\n- (i) under an arrangement for the provision of forensic services; and\n- (ii) to the person or other entity that requested the forensic services under the arrangement; or\n- (a) includes information about a person’s affairs; but\n- (b) does not include statistical or other information that could not reasonably be expected to result in the identification of the person to whom the information relates.","sortOrder":58},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":59},{"sectionNumber":"sec.41","sectionType":"section","heading":"Director and council not statutory bodies for particular Acts","content":"### sec.41 Director and council not statutory bodies for particular Acts\n\nThe director and the council are not statutory bodies for the Statutory Bodies Financial Arrangements Act 1982 or the Financial Accountability Act 2009 .","sortOrder":60},{"sectionNumber":"sec.42","sectionType":"section","heading":"Proceedings for offences","content":"### sec.42 Proceedings for offences\n\nA proceeding for an offence against this Act is to be heard and decided summarily.\nA proceeding for the offence must start—\nwithin 1 year after the commission of the offence; or\nwithin 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n(sec.42-ssec.1) A proceeding for an offence against this Act is to be heard and decided summarily.\n(sec.42-ssec.2) A proceeding for the offence must start— within 1 year after the commission of the offence; or within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) within 1 year after the commission of the offence; or\n- (b) within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.","sortOrder":61},{"sectionNumber":"sec.43","sectionType":"section","heading":"Protection from civil liability","content":"### sec.43 Protection from civil liability\n\nThe Minister, the director or a council member is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents civil liability attaching to a person, the liability attaches instead to the State.\nThis section does not apply to a person who is a prescribed person under the Public Sector Act 2022 , section 267 .\nFor protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see section 269 of that Act.\n(sec.43-ssec.1) The Minister, the director or a council member is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.43-ssec.2) If subsection (1) prevents civil liability attaching to a person, the liability attaches instead to the State.\n(sec.43-ssec.3) This section does not apply to a person who is a prescribed person under the Public Sector Act 2022 , section 267 . For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see section 269 of that Act.","sortOrder":62},{"sectionNumber":"sec.43A","sectionType":"section","heading":"Particular reports about operation of Forensic Science Queensland","content":"### sec.43A Particular reports about operation of Forensic Science Queensland\n\nThis section applies in relation to a report about the operation of Forensic Science Queensland if the report was obtained by the State and tabled in Parliament before the commencement of this section.\nThe principles of natural justice, including the principle of natural justice relating to bias, do not apply, and are taken never to have applied, in relation to—\nthe drafting or preparation of the report; or\nthe disclosure of the report, or a draft of the report, to any person for the purpose of preparing or finalising the report; or\nthe publication of the report.\nIt is declared that any person involved in the preparation of the report, including the State, does not incur, and never has incurred, any liability in relation to—\nthe drafting or preparation of the report; or\nthe disclosure of the report, or a draft of the report, to any person for the purpose of preparing or finalising the report; or\nthe publication of the report.\nTo remove any doubt, it is declared that—\nthe report, and any person involved in the preparation or publication of the report, including the State, is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on the ground that the principles of natural justice, including the principle of natural justice relating to bias, were not complied with in preparing the report; and\nno damages or compensation are payable by any person involved in the preparation of the report, including the State, because of or in relation to—\nthe drafting or preparation of the report; or\nthe disclosure of the report, or a draft of the report, to any person for the purpose of preparing or finalising the report; or\nthe publication of the report.\ns 43A ins 2025 No. 18 s 59W\n(sec.43A-ssec.1) This section applies in relation to a report about the operation of Forensic Science Queensland if the report was obtained by the State and tabled in Parliament before the commencement of this section.\n(sec.43A-ssec.2) The principles of natural justice, including the principle of natural justice relating to bias, do not apply, and are taken never to have applied, in relation to— the drafting or preparation of the report; or the disclosure of the report, or a draft of the report, to any person for the purpose of preparing or finalising the report; or the publication of the report.\n(sec.43A-ssec.3) It is declared that any person involved in the preparation of the report, including the State, does not incur, and never has incurred, any liability in relation to— the drafting or preparation of the report; or the disclosure of the report, or a draft of the report, to any person for the purpose of preparing or finalising the report; or the publication of the report.\n(sec.43A-ssec.4) To remove any doubt, it is declared that— the report, and any person involved in the preparation or publication of the report, including the State, is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on the ground that the principles of natural justice, including the principle of natural justice relating to bias, were not complied with in preparing the report; and no damages or compensation are payable by any person involved in the preparation of the report, including the State, because of or in relation to— the drafting or preparation of the report; or the disclosure of the report, or a draft of the report, to any person for the purpose of preparing or finalising the report; or the publication of the report.\n- (a) the drafting or preparation of the report; or\n- (b) the disclosure of the report, or a draft of the report, to any person for the purpose of preparing or finalising the report; or\n- (c) the publication of the report.\n- (a) the drafting or preparation of the report; or\n- (b) the disclosure of the report, or a draft of the report, to any person for the purpose of preparing or finalising the report; or\n- (c) the publication of the report.\n- (a) the report, and any person involved in the preparation or publication of the report, including the State, is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on the ground that the principles of natural justice, including the principle of natural justice relating to bias, were not complied with in preparing the report; and\n- (b) no damages or compensation are payable by any person involved in the preparation of the report, including the State, because of or in relation to— (i) the drafting or preparation of the report; or (ii) the disclosure of the report, or a draft of the report, to any person for the purpose of preparing or finalising the report; or (iii) the publication of the report.\n- (i) the drafting or preparation of the report; or\n- (ii) the disclosure of the report, or a draft of the report, to any person for the purpose of preparing or finalising the report; or\n- (iii) the publication of the report.\n- (i) the drafting or preparation of the report; or\n- (ii) the disclosure of the report, or a draft of the report, to any person for the purpose of preparing or finalising the report; or\n- (iii) the publication of the report.","sortOrder":63},{"sectionNumber":"sec.44","sectionType":"section","heading":"Regulation-making power","content":"### sec.44 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":64},{"sectionNumber":"pt.7","sectionType":"part","heading":"Transitional provisions for Act No. 8 of 2024","content":"# Transitional provisions for Act No. 8 of 2024","sortOrder":65},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":66},{"sectionNumber":"sec.45","sectionType":"section","heading":"Definitions for part","content":"### sec.45 Definitions for part\n\nIn this part—\ncertified agreement see the Industrial Relations Act 2016 , schedule 5 .\nexisting instruments means the following instruments as they were in effect immediately before the commencement—\na Queensland Health certified agreement;\na Queensland Health award;\na public sector directive;\na health employment directive.\nhealth employment directive means a health employment directive issued by the chief executive under the Hospital and Health Boards Act 2011 , section 51A .\nhealth service employee means a person appointed as a health service employee under the Hospital and Health Boards Act 2011 , section 67 .\ninitial FSQ employee see section 46.\nnew certified agreement means a certified agreement made after the commencement.\npublic sector directive —\nmeans a directive under the Public Sector Act 2022 , schedule 2 ; and\nincludes—\na joint directive made under section 226 of that Act; and\na directive continued under section 307 or 308 of that Act.\nQueensland Health means the department administering the Hospital and Health Boards Act 2011 .\nQueensland Health award means the following awards under the Industrial Relations Act 2016 —\nthe Hospital and Health Service General Employees (Queensland Health) Award – State 2015;\nthe Health Practitioners and Dental Officers (Queensland Health) Award – State 2015;\nanother award that, immediately before the commencement, covered Queensland Health in relation to the employment of public service employees.\nQueensland Health certified agreement means the following certified agreements—\nthe Queensland Public Health Sector Certified Agreement (No. 11) 2022;\nthe Health Practitioners and Dental Officers (Queensland Health) Certified Agreement (No. 4) 2022.\n- (a) a Queensland Health certified agreement;\n- (b) a Queensland Health award;\n- (c) a public sector directive;\n- (d) a health employment directive.\n- (a) means a directive under the Public Sector Act 2022 , schedule 2 ; and\n- (b) includes— (i) a joint directive made under section 226 of that Act; and (ii) a directive continued under section 307 or 308 of that Act.\n- (i) a joint directive made under section 226 of that Act; and\n- (ii) a directive continued under section 307 or 308 of that Act.\n- (i) a joint directive made under section 226 of that Act; and\n- (ii) a directive continued under section 307 or 308 of that Act.\n- (a) the Hospital and Health Service General Employees (Queensland Health) Award – State 2015;\n- (b) the Health Practitioners and Dental Officers (Queensland Health) Award – State 2015;\n- (c) another award that, immediately before the commencement, covered Queensland Health in relation to the employment of public service employees.\n- (a) the Queensland Public Health Sector Certified Agreement (No. 11) 2022;\n- (b) the Health Practitioners and Dental Officers (Queensland Health) Certified Agreement (No. 4) 2022.","sortOrder":67},{"sectionNumber":"sec.46","sectionType":"section","heading":"Application of part","content":"### sec.46 Application of part\n\nThis part applies to a person who is employed by the department after the commencement as a staff member of Forensic Science Queensland, including a person who was a health service employee or public service employee immediately before being transferred to the department.\nHowever, this part does not apply or stops applying to a person mentioned in subsection (1) if—\nthe person is employed as an executive employee, including for any period the person is acting in, or seconded to, the position of an executive employee; or\na new certified agreement, applying to the person as an employee of the department, takes effect.\nA person to whom this part applies is an initial FSQ employee .\nIn this section—\nexecutive employee means—\na senior executive; or\na senior officer under the Public Sector Act 2022 ; or\na person employed in a position that is equivalent to a position mentioned in paragraph (a) or (b).\nSee also section 53 in relation to the amendment of this part and the validation of particular things done, or omitted to be done, before the amendment.\ns 46 sub 2025 No. 7 s 43\n(sec.46-ssec.1) This part applies to a person who is employed by the department after the commencement as a staff member of Forensic Science Queensland, including a person who was a health service employee or public service employee immediately before being transferred to the department.\n(sec.46-ssec.2) However, this part does not apply or stops applying to a person mentioned in subsection (1) if— the person is employed as an executive employee, including for any period the person is acting in, or seconded to, the position of an executive employee; or a new certified agreement, applying to the person as an employee of the department, takes effect.\n(sec.46-ssec.3) A person to whom this part applies is an initial FSQ employee .\n(sec.46-ssec.4) In this section— executive employee means— a senior executive; or a senior officer under the Public Sector Act 2022 ; or a person employed in a position that is equivalent to a position mentioned in paragraph (a) or (b). See also section 53 in relation to the amendment of this part and the validation of particular things done, or omitted to be done, before the amendment.\n- (a) the person is employed as an executive employee, including for any period the person is acting in, or seconded to, the position of an executive employee; or\n- (b) a new certified agreement, applying to the person as an employee of the department, takes effect.\n- (a) a senior executive; or\n- (b) a senior officer under the Public Sector Act 2022 ; or\n- (c) a person employed in a position that is equivalent to a position mentioned in paragraph (a) or (b).","sortOrder":68},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Employment terms and conditions of initial FSQ employees","content":"## Employment terms and conditions of initial FSQ employees","sortOrder":69},{"sectionNumber":"sec.47","sectionType":"section","heading":"Application of existing instruments","content":"### sec.47 Application of existing instruments\n\nSubsection (2) applies to an initial FSQ employee who—\nwas a health service employee immediately before being transferred to the department; or\nwas a public service employee immediately before being transferred to the department.\nThe terms and conditions of employment of the initial FSQ employee are—\nfor an initial FSQ employee mentioned in subsection (1)(a)—the terms and conditions that applied, immediately before the commencement, to health service employees under the existing instruments; or\nfor an initial FSQ employee mentioned in subsection (1)(b)—the terms and conditions that applied, immediately before the commencement, to public service employees employed by Queensland Health under the existing instruments other than a health employment directive.\nThe terms and conditions of employment of an initial FSQ employee to whom subsection (2) does not apply are the terms and conditions that applied, immediately before the commencement, to health service employees under the existing instruments.\nFor subsections (2) and (3)—\nthe Hospital and Health Boards Act 2011 , sections 51B and 51C apply in relation to an existing instrument that is a health employment directive; and\nthe Public Sector Act 2022 , sections 228 and 229 apply in relation to an existing instrument that is a public sector directive; and\nto the extent an existing instrument applied to health service employees, or public service employees employed by Queensland Health, immediately before the commencement, the instrument is taken to apply to an initial FSQ employee; and\nto the extent an existing instrument applied to Queensland Health in relation to the employment of health service employees or public service employees immediately before the commencement, the instrument is taken to apply to the department in place of Queensland Health.\nThis section applies despite any other Act but subject to sections 48 to 51.\n(sec.47-ssec.1) Subsection (2) applies to an initial FSQ employee who— was a health service employee immediately before being transferred to the department; or was a public service employee immediately before being transferred to the department.\n(sec.47-ssec.2) The terms and conditions of employment of the initial FSQ employee are— for an initial FSQ employee mentioned in subsection (1)(a)—the terms and conditions that applied, immediately before the commencement, to health service employees under the existing instruments; or for an initial FSQ employee mentioned in subsection (1)(b)—the terms and conditions that applied, immediately before the commencement, to public service employees employed by Queensland Health under the existing instruments other than a health employment directive.\n(sec.47-ssec.3) The terms and conditions of employment of an initial FSQ employee to whom subsection (2) does not apply are the terms and conditions that applied, immediately before the commencement, to health service employees under the existing instruments.\n(sec.47-ssec.4) For subsections (2) and (3)— the Hospital and Health Boards Act 2011 , sections 51B and 51C apply in relation to an existing instrument that is a health employment directive; and the Public Sector Act 2022 , sections 228 and 229 apply in relation to an existing instrument that is a public sector directive; and to the extent an existing instrument applied to health service employees, or public service employees employed by Queensland Health, immediately before the commencement, the instrument is taken to apply to an initial FSQ employee; and to the extent an existing instrument applied to Queensland Health in relation to the employment of health service employees or public service employees immediately before the commencement, the instrument is taken to apply to the department in place of Queensland Health.\n(sec.47-ssec.5) This section applies despite any other Act but subject to sections 48 to 51.\n- (a) was a health service employee immediately before being transferred to the department; or\n- (b) was a public service employee immediately before being transferred to the department.\n- (a) for an initial FSQ employee mentioned in subsection (1)(a)—the terms and conditions that applied, immediately before the commencement, to health service employees under the existing instruments; or\n- (b) for an initial FSQ employee mentioned in subsection (1)(b)—the terms and conditions that applied, immediately before the commencement, to public service employees employed by Queensland Health under the existing instruments other than a health employment directive.\n- (a) the Hospital and Health Boards Act 2011 , sections 51B and 51C apply in relation to an existing instrument that is a health employment directive; and\n- (b) the Public Sector Act 2022 , sections 228 and 229 apply in relation to an existing instrument that is a public sector directive; and\n- (c) to the extent an existing instrument applied to health service employees, or public service employees employed by Queensland Health, immediately before the commencement, the instrument is taken to apply to an initial FSQ employee; and\n- (d) to the extent an existing instrument applied to Queensland Health in relation to the employment of health service employees or public service employees immediately before the commencement, the instrument is taken to apply to the department in place of Queensland Health.","sortOrder":70},{"sectionNumber":"sec.48","sectionType":"section","heading":"Change to existing instrument other than health employment directive","content":"### sec.48 Change to existing instrument other than health employment directive\n\nThis section applies to an existing instrument other than a health employment directive.\nTo the extent a change to the existing instrument takes effect after the commencement, the change applies for the purposes of the instrument’s application under section 47.\n(sec.48-ssec.1) This section applies to an existing instrument other than a health employment directive.\n(sec.48-ssec.2) To the extent a change to the existing instrument takes effect after the commencement, the change applies for the purposes of the instrument’s application under section 47.","sortOrder":71},{"sectionNumber":"sec.49","sectionType":"section","heading":"Revocation of existing public sector directive","content":"### sec.49 Revocation of existing public sector directive\n\nThis section applies if an existing instrument that is a public sector directive is revoked or otherwise stops having effect after the commencement.\nThe public sector directive stops applying under section 47.\n(sec.49-ssec.1) This section applies if an existing instrument that is a public sector directive is revoked or otherwise stops having effect after the commencement.\n(sec.49-ssec.2) The public sector directive stops applying under section 47.","sortOrder":72},{"sectionNumber":"sec.50","sectionType":"section","heading":"Application of public sector directive made after commencement","content":"### sec.50 Application of public sector directive made after commencement\n\nThis part does not limit a public sector directive made after the commencement from applying to initial FSQ employees or in relation to the terms and conditions of employment of those employees.\ns 50 sub 2025 No. 7 s 44","sortOrder":73},{"sectionNumber":"sec.51","sectionType":"section","heading":"Fixed term contracts not affected","content":"### sec.51 Fixed term contracts not affected\n\nThis section applies if a fixed term contract was in effect for an initial FSQ employee to whom section 47(2) applies immediately before the employee was transferred to the department.\nNothing in this part affects the operation of the fixed term contract.\n(sec.51-ssec.1) This section applies if a fixed term contract was in effect for an initial FSQ employee to whom section 47(2) applies immediately before the employee was transferred to the department.\n(sec.51-ssec.2) Nothing in this part affects the operation of the fixed term contract.","sortOrder":74},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":75},{"sectionNumber":"sec.52","sectionType":"section","heading":"Transfer of health service employee or public service employee","content":"### sec.52 Transfer of health service employee or public service employee\n\nFor initial FSQ employees to whom section 47(2) applies, the transfer to the department does not—\naffect the employees’ benefits, entitlements or remuneration; or\nprejudice the employees’ existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\ninterrupt continuity of service, except that the employees are not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\nentitle the employees to a payment or other benefit from the State because the employees are no longer employed by Queensland Health.\nThis section does not limit the operation of the Public Sector Act 2022 , chapter 4, part 4 in relation to the transfer of employees to the department as staff members of Forensic Science Queensland.\n(sec.52-ssec.1) For initial FSQ employees to whom section 47(2) applies, the transfer to the department does not— affect the employees’ benefits, entitlements or remuneration; or prejudice the employees’ existing or accruing rights to superannuation or recreation, sick, long service or other leave; or interrupt continuity of service, except that the employees are not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or entitle the employees to a payment or other benefit from the State because the employees are no longer employed by Queensland Health.\n(sec.52-ssec.2) This section does not limit the operation of the Public Sector Act 2022 , chapter 4, part 4 in relation to the transfer of employees to the department as staff members of Forensic Science Queensland.\n- (a) affect the employees’ benefits, entitlements or remuneration; or\n- (b) prejudice the employees’ existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\n- (c) interrupt continuity of service, except that the employees are not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or\n- (d) entitle the employees to a payment or other benefit from the State because the employees are no longer employed by Queensland Health.","sortOrder":76},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional and validation provision for Crime and Corruption (Restoring Reporting Powers) and Other Legislation Amendment Act 2025","content":"# Transitional and validation provision for Crime and Corruption (Restoring Reporting Powers) and Other Legislation Amendment Act 2025","sortOrder":77},{"sectionNumber":"sec.53","sectionType":"section","heading":"Application of amended part 7 from 1 July 2024","content":"### sec.53 Application of amended part 7 from 1 July 2024\n\nAmended part 7 is taken to have applied from 1 July 2024.\nAnything done, or omitted to be done, in relation to the employment of a relevant employee that would have been valid and lawful if amended part 7 had been in force from 1 July 2024 is taken to be, and always to have been, valid and lawful.\nthe payment of a particular benefit or entitlement to a relevant employee\nthe approval or cancellation of particular leave for a relevant employee\nIn this section—\namended part 7 means part 7 as amended by the Crime and Corruption (Restoring Reporting Powers) and Other Legislation Amendment Act 2025 .\nPart 7 commenced on 1 July 2024.\nrelevant employee means a person employed by the department as a staff member of Forensic Science Queensland from 1 July 2024.\ns 53 ins 2025 No. 7 s 45\n(sec.53-ssec.1) Amended part 7 is taken to have applied from 1 July 2024.\n(sec.53-ssec.2) Anything done, or omitted to be done, in relation to the employment of a relevant employee that would have been valid and lawful if amended part 7 had been in force from 1 July 2024 is taken to be, and always to have been, valid and lawful. the payment of a particular benefit or entitlement to a relevant employee the approval or cancellation of particular leave for a relevant employee\n(sec.53-ssec.3) In this section— amended part 7 means part 7 as amended by the Crime and Corruption (Restoring Reporting Powers) and Other Legislation Amendment Act 2025 . Part 7 commenced on 1 July 2024. relevant employee means a person employed by the department as a staff member of Forensic Science Queensland from 1 July 2024.\n- • the payment of a particular benefit or entitlement to a relevant employee\n- • the approval or cancellation of particular leave for a relevant employee","sortOrder":78}],"analysis":{"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 Act's core purpose — establishing FSQ as an independent forensic science body — remained consistent. However, scope expanded meaningfully through 2025 amendments: Deputy Directors were added as a new tier of leadership not in the original Act; the ministerial direction and information-request powers were restructured; and a novel retroactive liability shield (s.43A) was inserted to protect a specific parliamentary report from legal challenge. The transitional provisions were also substantially amended (and then validated retrospectively) to address practical problems that emerged when staff were transferred from Queensland Health on 1 July 2024. These changes represent a meaningful broadening beyond the original institutional establishment purpose."},"complexity_factors":["Multiple interlocking bodies created (Director, Deputy Directors, Advisory Council) with separate appointment, vacancy, and conduct rules for each","Complex transitional provisions managing staff transfers from Queensland Health, with different rules depending on prior employment category (health service employee vs public service employee)","References to and interaction with multiple other Acts (Public Sector Act 2022, Hospital and Health Boards Act 2011, Industrial Relations Act 2016, Criminal Law (Rehabilitation of Offenders) Act 1986, Acts Interpretation Act 1954, Coroners Act 2003)","Retrospective validation provision (s.53) that deems amended employment rules to have applied from 1 July 2024, creating legal complexity around past employment decisions","Section 43A retroactively removes natural justice protections for a specific parliamentary report, which is legally unusual and potentially contentious","Two separate sets of transitional provisions (Parts 7 and 8) resulting from mid-stream legislative amendments in 2025","Criminal history checking and confidentiality regimes with specific disclosure and destruction obligations","Director/Deputy Director can be removed 'for any reason or none' — tension with independence mandate"],"plain_english_summary":"The Forensic Science Queensland Act 2024 sets up Forensic Science Queensland (FSQ), an independent agency to deliver impartial, high‑quality forensic services previously housed in Queensland Health. It establishes a Director, deputies, and an advisory council, protects case‑level independence from ministerial direction, and imposes strict confidentiality rules with penalties.\n\nFSQ affects accused persons, victims, courts, coroners, police and forensic staff (whose pay and conditions transfer intact). The reform aims to reduce bias and strengthen trust in forensic evidence used in criminal and coronial processes."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.10(2) and sec.10(1)","severity":"medium","reasoning":"Section 10(2) deems the office 'vacant' during suspension, yet section 10(1) lists exhaustive grounds for genuine vacancy (including completion of term, resignation, conviction, insolvency, removal). Suspension is not listed in sec.10(1) as a true vacancy — it is a temporary absence. Calling it a 'vacancy' conflicts with the ordinary meaning of vacancy and creates legal uncertainty about whether a permanently appointed director can be simultaneously 'in office' and have a 'vacant' office.","confidence":0.75,"description":"Suspension causes a vacancy, but the office cannot truly be 'vacant' during suspension because the director still exists in the role and may return. Treating a suspended officer's position as 'vacant' creates an absurd situation where the officeholder simultaneously holds and does not hold the office."},{"type":"self_contradicting","section":"sec.10(4)","severity":"high","reasoning":"Section 3 declares the main purpose is to ensure 'high quality, reliable and impartial forensic services'. Section 13(1)(b)(i) requires forensic services to be 'reliable and impartial'. Yet sec.10(3)-(4) permits the Minister to remove the director for no reason at all, creating a structural mechanism for political interference that directly contradicts the impartiality mandate. An officeholder removable at political whim cannot credibly deliver impartial services.","confidence":0.82,"description":"The Minister may recommend the removal of the director 'for any reason or none', undermining the Act's stated purpose of ensuring 'impartial' forensic services. The director can be dismissed arbitrarily by political will, negating the independence that impartiality requires."},{"type":"other","section":"sec.10(5)","severity":"low","reasoning":"If the Minister can remove the director instantly for no reason (sec.10(3)-(4)), the 6-month suspension power adds little legitimate protective purpose. Its practical utility is questionable and it may serve as a mechanism to sideline the director without formally vacating the office, which creates operational uncertainty for Forensic Science Queensland.","confidence":0.65,"description":"The Minister may suspend the director 'for any reason or none' for up to 6 months. Combined with the unlimited power to recommend removal under sec.10(3)-(4), the suspension power appears redundant — if the Minister can remove the director for no reason, there is no logical purpose for a separate suspension power, unless it is intended to punish without triggering vacancy replacement processes."},{"type":"impossible_compliance","section":"sec.11(2) and sec.10(1)(d)","severity":"medium","reasoning":"Section 10(1)(d) provides that the office of the director becomes vacant if the director 'is an insolvent under administration' — this is stated as an immediate, automatic consequence. Section 11 then obliges the same person to 'immediately give written notice of the insolvency to the Minister'. If the office vacates automatically upon insolvency, the person is no longer the director at the moment the obligation to notify as director crystallises, making compliance with sec.11 a notice obligation imposed on a former officeholder about their own former office.","confidence":0.78,"description":"A director who becomes an insolvent under administration is required to notify the Minister (sec.11), but their office is simultaneously automatically vacated by operation of sec.10(1)(d). The obligation to notify therefore applies to a person who no longer holds the office at the time of the obligation."},{"type":"other","section":"sec.12(4)(a)","severity":"low","reasoning":"The 6-month cap in sec.12(2) combined with the bifurcated reappointment regime in sec.12(4) means the ministerial power is spent at exactly 6 months. The 'otherwise' gateway in sec.12(4)(b) would only apply if appointments are non-continuous, meaning lengthy non-continuous acting appointments by the Minister are permissible without Governor in Council involvement. This creates an anomaly: continuity of service is penalised relative to interrupted service.","confidence":0.6,"description":"An acting director may be reappointed by the Minister for a further period provided the 'total period of continuous appointments is not more than 6 months'. However, once the 6-month threshold is crossed, only the Governor in Council can appoint under sec.12(4)(b). This creates a scenario where a person serving continuously for just under 6 months can be extended by the Minister to exactly 6 months, but one day over requires Governor in Council involvement — a technical distinction with no clear policy rationale."},{"type":"impossible_compliance","section":"sec.17(4)","severity":"low","reasoning":"The destruction obligation in sec.17(4) conflicts with general public sector record retention obligations. There is no carve-out for competing statutory record-keeping requirements. Additionally, it is inherently self-defeating to require destruction of evidence of compliance with a statutory duty — the destruction extinguishes the proof of compliance.","confidence":0.55,"description":"The obligation to destroy criminal history reports 'as soon as practicable after it is no longer needed for the purpose for which it was given' is logically problematic: once destroyed, there is no record to prove the obligation was complied with, and the destruction itself may constitute a breach of other record-keeping obligations under Queensland public records law."},{"type":"other","section":"sec.29(1) and sec.29(2)","severity":"low","reasoning":"While not strictly absurd, the framing of sec.29(1) as 'up to 11' implies full ministerial discretion over council size, which is misleading given that 6 appointments are mandatory. The 'up to 11' cap combined with a mandatory minimum of 6 creates an implicit floor that is not disclosed in the opening subsection.","confidence":0.5,"description":"The council 'consists of up to 11 members' (sec.29(1)), yet sec.29(2) mandates the appointment of exactly 6 specific persons. The Minister 'must' appoint those 6. This means the ceiling of 11 is not truly discretionary — the floor is already fixed at 6 mandatory members, leaving only 5 discretionary additional appointments."},{"type":"retroactive_impossibility","section":"sec.43A","severity":"high","reasoning":"Natural justice is a common law right that attached at the time the report was prepared. Declaring that it 'never applied' is a legal fiction rather than a legal fact. While parliaments can abrogate natural justice prospectively, deeming retrospectively that affected persons 'never had' natural justice rights in relation to acts already completed raises serious constitutional concerns about the separation of powers and the rule of law. The section also purports to oust the jurisdiction of the Supreme Court to make declaratory or injunctive orders (sec.43A(4)(a)), which may be inconsistent with the constitutionally entrenched supervisory jurisdiction of the Supreme Court.","confidence":0.8,"description":"Section 43A retrospectively abolishes the application of natural justice principles 'in relation to a report about the operation of Forensic Science Queensland' tabled in Parliament before the section's commencement. This is a retroactive ouster of natural justice — the Act purports to legislate that principles of natural justice 'are taken never to have applied', which is a legal fiction that conflicts with the rule of law and Queensland's constitutional framework."},{"type":"impossible_compliance","section":"sec.19(1) and sec.19(2)","severity":"medium","reasoning":"The distinction between a 'matter relevant to functions or powers' (permitted) and a direction 'about a particular person or matter' (prohibited) is difficult to maintain in practice. Any general direction will, when applied, bear on particular matters. The absence of a defined boundary between general policy direction and direction about particular matters creates significant ambiguity about what ministerial directions are lawful.","confidence":0.7,"description":"The Minister may give directions about 'a matter relevant to the performance or exercise of the director's functions or powers' but 'a direction may not be about a particular person or matter'. This creates an impossible compliance scenario: virtually every function of the director (forensic analysis, case selection, resource allocation) relates to a 'particular matter'. The carve-out in sec.19(2) may swallow the rule in sec.19(1) entirely."},{"type":"other","section":"sec.14D(1) and sec.14D(2)-(3)","severity":"medium","reasoning":"Section 14A(2) disqualifies persons with indictable convictions from appointment as deputy director. Yet sec.14D contains no automatic vacation ground for conviction of an indictable offence during tenure, unlike sec.10(1)(c) for the director. This creates an asymmetry: a deputy director who is convicted post-appointment does not automatically lose office, whereas a director does. The policy rationale for this distinction is absent from the Act.","confidence":0.85,"description":"Unlike the director (sec.10(1)(c)), there is no automatic vacation of a deputy director's office upon conviction of an indictable offence. Section 14D only lists completion of term, resignation, and ministerial removal as grounds for vacancy. A deputy director convicted of an indictable offence remains in office unless the Minister chooses to exercise the discretionary removal power in sec.14D(2)."}],"contradictions":[{"severity":"high","section_a":"sec.3(1)","section_b":"sec.10(3)-(4)","confidence":0.82,"description":"The Act's main purpose is to ensure 'impartial' forensic services (sec.3(1)), but the director — who leads the provision of those services — can be removed by the Governor in Council on the Minister's recommendation 'for any reason or none' (sec.10(3)-(4)), directly undermining the structural independence necessary for impartiality."},{"severity":"medium","section_a":"sec.10(1)(d)","section_b":"sec.11(2)","confidence":0.78,"description":"Section 10(1)(d) automatically vacates the director's office upon the director becoming an insolvent under administration, yet sec.11(2) imposes a continuing obligation on 'the person' (as director) to 'immediately give written notice' of the insolvency. The obligation is imposed at the moment the person ceases to be the director, creating a notification duty in respect of an office the person no longer holds."},{"severity":"medium","section_a":"sec.7(4)(a)","section_b":"sec.14D(1)","confidence":0.85,"description":"Section 7(4)(a) disqualifies a person from appointment as director if they have a conviction for an indictable offence, and sec.10(1)(c) automatically vacates the directorship upon conviction. However, for deputy directors, while sec.14A(2)(a) contains the same appointment disqualification, sec.14D contains no equivalent automatic vacation ground for conviction. The two analogous roles are treated inconsistently with no apparent policy justification."},{"severity":"low","section_a":"sec.23(1)","section_b":"sec.41","confidence":0.6,"description":"Section 23(1) establishes 'the Office of the Director of Forensic Science Queensland (Forensic Science Queensland)' as a statutory entity. Section 41 then declares the director is not a statutory body for the purposes of certain accountability Acts. This creates ambiguity about the legal nature of the entity: it is established by statute (suggesting it is a statutory body) but expressly excluded from the statutory body framework."},{"severity":"low","section_a":"sec.27(2)","section_b":"sec.27(1)(b)","confidence":0.65,"description":"Section 27(1)(b) gives the council the function to 'give advice or make recommendations' to the Minister or the director. Section 27(2) states the council may give advice or make recommendations 'to the Minister or the director, on its own initiative or on request by the Minister'. This restricts section 27(2) to requests made only by the Minister — the director cannot formally request advice — yet sec.27(1)(b) does not similarly limit the council's advisory function by requestor."},{"severity":"low","section_a":"sec.20","section_b":"sec.22(2)-(3)","confidence":0.55,"description":"Section 20 prohibits the director or deputy director from performing paid work other than under this Act without ministerial consent. Section 22(2)-(3) preserves public sector employee rights and treats service as the director or deputy director as a continuation of public sector employment. If a public sector employee is appointed as director, their prior public sector employment entitlements are preserved — but sec.20 may prohibit them from simultaneously holding or returning to paid public sector work during their appointment without consent, creating a tension between the preservation of employment rights and the prohibition on paid work."},{"severity":"low","section_a":"sec.25","section_b":"sec.23(2)(c)","confidence":0.5,"description":"Section 23(2)(c) includes 'the staff of Forensic Science Queensland' as comprising part of Forensic Science Queensland, while sec.25 states staff are employed under the Public Sector Act 2022. However, sec.41 declares the director (and Forensic Science Queensland by extension) is not a statutory body for particular Acts. The staff are employed under one statutory scheme while forming part of an entity that is excluded from the broader accountability framework for statutory bodies, creating an unclear accountability structure."}]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Act applies an amended Part 7 retrospectively (s 53), treating that Part as having applied from 1 July 2024 and validating past employment actions (payments, leave approvals/cancellations) for affected staff. Transitional provisions also import and preserve prior industrial instruments and entitlements on transfer into Forensic Science Queensland (pts 7; ss 47, 52), extending the Act's practical effect to past administrative acts."},"complexity_factors":["High Ministerial discretion over appointments, suspension and removal of the Director and deputies (ss 7, 10, 14D)","Mandatory compliance with Ministerial directions and information requests (ss 19, 19A)","Criminal‑history checks, disclosure duties and confidentiality rules with specified penalties (ss 15–17, 11, 14E, 40)","Delegation and subdelegation paths that distribute operational authority across deputies and staff (s 18)","Council composition rules mixing State representatives and external experts, with Ministerial appointment/removal power (ss 26–34)","Transitional employment framework importing and preserving multiple existing instruments and entitlements on transfer (pt 7; ss 45–52)","Retroactive validation of amended Part 7 from 1 July 2024 (s 53) creating retrospective legal effects","Interaction and reliance on other statutes and instruments (Public Sector Act 2022, Hospital and Health Boards Act 2011, Criminal Law (Rehabilitation of Offenders) Act 1986 and various awards/directives) (multiple cross‑references)","Civil‑liability allocation to the State for honest, non‑negligent acts and specific exclusions (s 43)","Regulatory and enforcement constraints: summary proceedings and time limits for offences (s 42)"],"plain_english_summary":"Mechanically, the Act creates Forensic Science Queensland: a Director (and deputies), an Advisory Council and staff; it sets appointment, remuneration and delegation rules, criminal‑history checks, confidentiality obligations with penalties, Ministerial directions, and transitional employment arrangements (secs 7–19, 23–40, pt 7).\n\nIts stated purpose is to ensure high‑quality, reliable and impartial forensic services for Queensland criminal justice (s 3). The Minister controls appointments and directions, officials face disclosure and penalty obligations, and prior employee terms are preserved on transfer (ss 7, 19, 40, 47)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original Act established the basic governance structure for Forensic Science Queensland. The 2025 amendments (Nos. 7 and 18) significantly expanded the scope by: (1) adding a whole new division for Deputy Directors (Div 1A of Part 2) with parallel appointment, term and vacancy provisions; (2) inserting extensive transitional and validation provisions for employee transfers from Queensland Health, including complex industrial relations preservation mechanisms; and (3) adding section 43A which provides immunity from natural justice requirements and liability for reports tabled in Parliament about the agency's operation. The legislation has grown from a simple establishment Act to a complex industrial relations and governance framework."},"complexity_factors":["Multiple amendment references (2025 No. 18 and 2025 No. 7) indicating evolving legislation","Complex transitional provisions in Part 7 preserving industrial relations instruments (certified agreements, awards, directives) for transferred employees","Cross-references to multiple other Acts: Public Sector Act 2022, Coroners Act 2003, Criminal Law (Rehabilitation of Offenders) Act 1986, Acts Interpretation Act 1954, Statutory Bodies Financial Arrangements Act 1982, Financial Accountability Act 2009, Industrial Relations Act 2016, Hospital and Health Boards Act 2011, Legal Aid Queensland Act 1997","Nested conditional logic in employment provisions (section 46-52) distinguishing between health service employees, public service employees, executive employees, and initial FSQ employees","Retrospective validation provision (section 53) with backdating to 1 July 2024","Specific exclusions from statutory body status (section 41) and civil liability protections (section 43) requiring coordination with other Acts","Detailed confidentiality scheme with multiple exceptions (section 40) and separate criminal history confidentiality (section 17)"],"plain_english_summary":"This Act creates a new independent body called **Forensic Science Queensland** to provide forensic science services for criminal investigations and court cases in Queensland.\n\n**What it does:**\n- Establishes a **Director of Forensic Science Queensland** to lead the agency, appointed by the Governor in Council (on the Minister's recommendation) for up to 5 years\n- Creates **Deputy Directors** to assist the Director (added by 2025 amendments)\n- Sets up a **Forensic Science Queensland Advisory Council** with up to 11 members including police, prosecutors, legal aid, victim advocates, independent forensic experts and lawyers\n- Transfers forensic science staff from Queensland Health to the new agency while protecting their existing pay and conditions\n\n**Who it affects:**\n- Queensland Police, prosecutors and coroners who rely on forensic evidence\n- Forensic scientists previously employed by Queensland Health who now work for the new independent agency\n- Victims of crime and defendants in criminal cases who depend on reliable forensic analysis\n\n**Why it matters:**\nThe Act aims to ensure forensic evidence used in criminal trials is **high quality, reliable and impartial** by separating forensic services from the police department and Queensland Health. It creates independent oversight through the Advisory Council and establishes strict confidentiality rules and conflict-of-interest provisions to maintain integrity. The 2025 amendments added deputy directors and clarified employment arrangements for transferred staff."}},"importantCases":[],"_links":{"self":"/api/acts/forensic-science-queensland-act-2024","history":"/api/acts/forensic-science-queensland-act-2024/history","analysis":"/api/acts/forensic-science-queensland-act-2024/analysis","conflicts":"/api/acts/forensic-science-queensland-act-2024/conflicts","importantCases":"/api/acts/forensic-science-queensland-act-2024/important-cases","documents":"/api/acts/forensic-science-queensland-act-2024/documents"}}