{"id":"nsw:act-1996-077","name":"Innovation and Productivity Council Act 1996","slug":"innovation-and-productivity-council-act-1996","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"77 of 1996","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105529,"registerId":"nsw-act-1996-077-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Innovation and Productivity Council Act 1996](/view/html/inforce/current/act-1996-077).\n> \n> **s 1:** Am 2011 No 62, Sch 1.10 \\[2\\].","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act—\n> \n> Chairperson means the Chairperson of the Council.\n> \n> Council means the New South Wales Innovation and Productivity Council established by section 4.\n> \n> Department means the Department of Enterprise, Investment and Trade.\n> \n> Deputy Chairperson means the Deputy Chairperson of the Council.\n> \n> exercise a function includes perform a duty.\n> \n> function includes a power, authority or duty.\n> \n> member means a member of the Council.\n> \n> public authority means—\n> \n> > (a) any public or local authority constituted by or under an Act other than this Act, or\n> \n> > (b) any Public Service agency, or\n> \n> > (c) a person prescribed by the regulations.\n> \n> **s 3:** Am 2011 No 62, Sch 1.10 \\[3\\] \\[4\\]; 2015 No 58, Sch 3.51 \\[1\\] \\[2\\]; 2022 No 59, Sch 3.38.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Innovation and Productivity Council","content":"# Part 2 Innovation and Productivity Council\n\nPart 2 Innovation and Productivity Council\n\n**pt 2, hdg:** Subst 2011 No 62, Sch 1.10 \\[5\\].","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Establishment of Innovation and Productivity Council","content":"#### 4 Establishment of Innovation and Productivity Council\n\n4 Establishment of Innovation and Productivity Council\n\n> > (1) There is established by this Act a body corporate with the corporate name of the New South Wales Innovation and Productivity Council.\n> \n> > (2) The Council is, for the purposes of any Act, a statutory body representing the Crown.\n> \n> **s 4:** Am 2011 No 62, Sch 1.10 \\[6\\].","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Object of Council","content":"#### 5 Object of Council\n\n5 Object of Council\n\n> > (1) The object of the Council is to assist in the creation of jobs, investment, exports and interstate trade by raising the level of innovative activity in New South Wales.\n> \n> > (2) The Council’s role in achieving that object is—\n> > \n> > > (a) to investigate issues relevant to the promotion of innovation that increases productivity and employment opportunities, and\n> > \n> > > (b) to facilitate the flow of information and ideas between the Government, industry and the research community, and\n> > \n> > > (c) to advise on proposed programs, and Government initiatives, that promote public and private sector innovation that increases productivity and employment opportunities.\n> \n> **s 5:** Am 2011 No 62, Sch 1.10 \\[7\\].","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Membership and procedure of Council","content":"#### 6 Membership and procedure of Council\n\n6 Membership and procedure of Council\n\n> > (1) The Council is to consist of no fewer than 10, and no more than 16, members appointed by the Governor.\n> \n> > (2) Of the members, one is to be appointed Chairperson of the Council and another may be appointed Deputy Chairperson of the Council by the relevant instrument of appointment as a member or by a later instrument.\n> \n> > (3) Of the members, one must be a person employed in the Department. That person is the Council’s Executive Member.\n> \n> > (4) Schedule 1 has effect with respect to the members of the Council.\n> \n> > (5) Schedule 2 has effect with respect to the procedure of the Council.\n> \n> **s 6:** Am 2009 No 56, Sch 1.20 \\[1\\] \\[2\\]; 2015 No 58, Sch 3.51 \\[3\\].","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Operations and functions of Council","content":"# Part 3 Operations and functions of Council\n\nPart 3 Operations and functions of Council","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Ministerial control of Council","content":"#### 7 Ministerial control of Council\n\n7 Ministerial control of Council\n\n> The Council is, in the exercise of its functions, subject to the control and direction of the Minister.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Functions of Council","content":"#### 8 Functions of Council\n\n8 Functions of Council\n\n> > (1) The Council has the following functions—\n> > \n> > > (a) to investigate issues relevant to the promotion of innovation in the private and public sectors of New South Wales,\n> > \n> > > (b) to provide an ongoing source of intelligence, information, comment and analysis to the Department, the Minister and the Government on issues relevant to the promotion of innovation in the private and public sectors of New South Wales,\n> > \n> > > (c) to facilitate the communication of information about innovation between the Government, industry and the research community,\n> > \n> > > (d) to co-operate with the Department in support of programs established by the Department, where the objects of the program are similar to the object of the Council,\n> > \n> > > (e) to promote and take part in activities and programs so as to increase the understanding in the private and public sectors of New South Wales of the importance of innovation in improving the international and interstate competitiveness of New South Wales businesses and in improving public sector efficiency in New South Wales,\n> > \n> > > (f) to provide the Minister and the Department with guidance on issues relevant to the conduct of research and development in New South Wales, having regard to their effect on public and private sector innovation in New South Wales,\n> > \n> > > (g) to advise the Minister and the Department on appropriate Government responses to trends in the provision of education and training, having regard to the impact of those trends on future levels of innovation,\n> > \n> > > (h) to advise the Minister and the Department on activities and programs that promote the demonstration and commercialisation of new technology in New South Wales and, where appropriate, to institute, or participate in the institution of, such activities or programs (in a manner consistent with the other functions of the Council),\n> > \n> > > (i) to promote activities and programs in such a way as to co-ordinate, so far as practicable, those activities and programs with any Commonwealth Government initiatives, the objects of which are similar to the object of the Council,\n> > \n> > > (j) to alert the private and public sectors of New South Wales to any new business opportunities that arise from the exploitation of technology,\n> > \n> > > (k) to advise the Minister and the Government on programs that the Government could undertake for the purpose of increasing the ability of new firms in New South Wales, in particular, small to medium size enterprises, to access technology and to manage innovation,\n> > \n> > > (l) to provide a source of independent advice to the Government in relation to applicants for Government funding under innovation-related assistance schemes administered by the Department.\n> \n> > (2) In the exercise of its functions, the Council must—\n> > \n> > > (a) have regard to community needs and resources, and\n> > \n> > > (b) promote innovation that increases productivity and employment opportunities.\n> \n> > (3) The Council’s functions may be exercised at the request of the Minister or the Secretary of the Department, or on the Council’s own initiative.\n> \n> > (4) In this section—\n> > \n> > firms includes corporations and partnerships.\n> \n> **s 8:** Am 2015 No 58, Sch 3.51 \\[4\\].","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Committees","content":"#### 9 Committees\n\n9 Committees\n\n> > (1) The Council may, with the approval of the Minister, establish committees for the purpose of assisting the Council to exercise its functions.\n> \n> > (2) All such committees must be chaired by a member of the Council. It does not matter that some or all of the other members of any committee are not members of the Council.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Delegation of functions","content":"#### 10 Delegation of functions\n\n10 Delegation of functions\n\n> > (1) The Council may delegate to an authorised person any of the functions of the Council, other than this power of delegation.\n> \n> > (2) A delegate may sub-delegate to an authorised person any function delegated by the Council if the delegate is authorised in writing to do so by the Council.\n> \n> > (3) In this section—\n> > \n> > authorised person means any person, or any person of a class—\n> > \n> > > (a) prescribed by the regulations, or\n> > \n> > > (b) approved by the Minister.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Council to report to Minister","content":"#### 11 Council to report to Minister\n\n11 Council to report to Minister\n\n> > (1) The Council must, if requested to do so, give the Minister advice on any matter relevant to the Council’s object or functions.\n> \n> > (2) The Council must inform the Minister of any intention to investigate any matter relevant to its object.\n> \n> > (3) If a member does not support any report, advice or recommendation to be made to the Minister or the Department by the Council, the report, advice or recommendation may, if the member so requires, be accompanied by a minority report.\n> \n> > (4) The Council must meet with the Minister at least once a year for the purpose of briefing the Minister on its current, and proposed, activities.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Publication of results of Council investigations","content":"#### 12 Publication of results of Council investigations\n\n12 Publication of results of Council investigations\n\n> The Council may publish the results of any of its investigations.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Power to require certain information","content":"#### 13 Power to require certain information\n\n13 Power to require certain information\n\n> > (1) The Council may, in relation to the exercise of any of its functions, require any public authority to furnish the Council with a copy of any report or information that is in the possession of the public authority and that the public authority is entitled to make available to the Council.\n> \n> > (2) For this purpose, a public authority is not required to furnish the Council with any document that it would otherwise not be required to disclose under the [Government Information (Public Access) Act 2009](/view/html/inforce/current/act-2009-052).\n> \n> **s 13:** Am 2009 No 54, Sch 2.27.","sortOrder":15},{"sectionNumber":"Part 4","sectionType":"part","heading":"General","content":"# Part 4 General\n\nPart 4 General","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Council may arrange for use of services of staff or facilities","content":"#### 14 Council may arrange for use of services of staff or facilities\n\n14 Council may arrange for use of services of staff or facilities\n\n> The Council may arrange for the use of the services of any staff (by secondment or otherwise) or facilities of a public authority.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Cost of administration of Act","content":"#### 15 Cost of administration of Act\n\n15 Cost of administration of Act\n\n> The expenses of the Council in exercising its functions under this Act are to be paid out of money to be provided by Parliament.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Application of certain Acts","content":"#### 16 Application of certain Acts\n\n16 Application of certain Acts\n\n> The Council is, for the purposes of the [Government Sector Audit Act 1983](/view/html/inforce/current/act-1983-152), the [Government Sector Finance Act 2018](/view/html/inforce/current/act-2018-055), or any other Act prescribed by the regulations, taken to be part of the Department.\n> \n> **s 16:** Subst 2018 No 70, Sch 4.55.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Protection from liability","content":"#### 17 Protection from liability\n\n17 Protection from liability\n\n> Anything done or omitted to be done by the Council, a member, or any person acting under the direction of the Council does not, if it was done or omitted to be done in good faith for the purpose of executing this Act, subject a member or a person so acting personally to any action, liability, claim or demand.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Service of documents on Council","content":"#### 18 Service of documents on Council\n\n18 Service of documents on Council\n\n> > (1) A document may be served on the Council by leaving it at, or by sending it by post to—\n> > \n> > > (a) the office of the Council, or\n> > \n> > > (b) if it has more than one office, any of its offices.\n> \n> > (2) Nothing in this section affects the operation of any provision of a law or of rules of court authorising a document to be served on the Council in any other manner.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Act binds Crown","content":"#### 19 Act binds Crown\n\n19 Act binds Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Regulations","content":"#### 20 Regulations\n\n20 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Repeal of Science and Technology Council Act 1979 No 125","content":"#### 21 Repeal of Science and Technology Council Act 1979 No 125\n\n21 Repeal of [Science and Technology Council Act 1979 No 125](/view/pdf/asmade/act-1979-125)\n\n> The [Science and Technology Council Act 1979](/view/pdf/asmade/act-1979-125) is repealed.","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 22 Savings and transitional provisions\n\n22 Savings and transitional provisions\n\n> Schedule 3 has effect.","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":null,"content":"#### 23\n\n23 (Repealed)","sortOrder":26},{"sectionNumber":"24","sectionType":"section","heading":"Review of Act","content":"#### 24 Review of Act\n\n24 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":28},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Provisions relating to members of Council","content":"# Schedule 1 Provisions relating to members of Council\n\nSchedule 1 Provisions relating to members of Council\n\n(Section 6 (4))\n\n**sch 1:** Am 1999 No 94, sec 7 (3) and Sch 5, Part 3; 2001 No 112, Sch 2.24; 2009 No 56, Sch 1.20 \\[3\\]–\\[5\\]; 2015 No 58, Sch 3.51 \\[3\\] \\[5\\] \\[6\\].","sortOrder":29},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Provisions relating to procedure of Council","content":"# Schedule 2 Provisions relating to procedure of Council\n\nSchedule 2 Provisions relating to procedure of Council\n\n(Section 6 (5))\n\n**sch 2:** Am 2009 No 56, Sch 1.20 \\[6\\] \\[7\\].","sortOrder":38},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 3 Savings and transitional provisions\n\nSchedule 3 Savings and transitional provisions\n\n(Section 22)\n\n**sch 3:** Am 2009 No 56, Sch 1.20 \\[8\\].","sortOrder":47},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":null,"content":"# Schedule 4\n\nSchedule 4 (Repealed)\n\n**sch 4:** Rep 1999 No 85, Sch 4.","sortOrder":59}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing and operating an advisory council for innovation and productivity. While the name changed from 'Innovation Council' to 'Innovation and Productivity Council' in 2011, and departmental references have been updated over time, the core scope has not expanded beyond the original intent of providing expert advice to government on innovation policy."},"complexity_factors":["Straightforward structure with only 4 main Parts plus 4 Schedules","Minimal cross-referencing — mostly internal references to Schedules 1–3","Only 9 defined terms in section 3, with standard definitions (e.g., 'function includes power, authority or duty')","No nested exceptions or complex conditional logic — provisions are direct and declarative","Savings and transitional provisions in Schedule 3 are standard boilerplate for statutory succession","Procedural rules in Schedules 1 and 2 follow typical template for NSW statutory bodies (membership terms, disclosure of interests, meeting procedures)"],"plain_english_summary":"This Act creates the **New South Wales Innovation and Productivity Council** — a government advisory body that helps boost jobs, investment and business competitiveness by promoting innovation across the state.\n\n**What it does:**\n- **Establishes the Council** as a statutory body (a legal entity created by Parliament) that operates under the control of the relevant Minister.\n- **Sets the Council's mission:** To raise innovative activity in NSW by investigating issues, sharing information between government, industry and researchers, and advising on programs that improve productivity and create jobs.\n- **Powers and functions:** The Council can conduct research, publish findings, set up committees, require information from public agencies (with some privacy limits), and delegate tasks to others.\n- **Membership:** 10–16 members appointed by the Governor, including a Chairperson, Deputy Chairperson, and one Executive Member from the Department of Enterprise, Investment and Trade. Members serve up to 3 years and can be reappointed once.\n- **Accountability:** The Council must report to the Minister, meet annually with the Minister, and allow minority reports when members disagree.\n- **Protection:** Members acting in good faith are protected from personal legal liability.\n\n**Who it affects:**\n- NSW businesses, especially small-to-medium enterprises seeking innovation support\n- Government agencies and researchers involved in economic development\n- Council members and staff\n\n**Why it matters:**\nThe Act provides the legal framework for expert, independent advice to government on how to make NSW more innovative and competitive. It replaced an earlier body (the Science and Technology Council) in 1996 and continues to shape how the state supports technological and economic growth."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act replaces the former New South Wales Science and Technology Council by repealing that Act and transferring its assets, rights and liabilities to the new Council (s21; Schedule 3 cl 4). It restates the advisory object's focus on jobs, investment, exports and interstate trade through innovation (s5) and ties the Council administratively to the Department for finance and audit purposes (s16), altering the institutional form and administrative attachments from the earlier body."},"complexity_factors":["Statutory body governance: appointment limits, Chair/Deputy, an Executive Member from the Department and tenure rules (s6; Schedule 1 clauses 2–4).","Ministerial direction: Council is subject to Ministerial control when exercising functions (s7), increasing central executive discretion.","Broad advisory remit: wide-ranging functions across private and public sectors including commercialisation, education and program advice (s5; s8).","Information powers constrained by another Act: ability to require public-authority reports but not to override Government Information (Public Access) Act 2009 (s13).","Delegation and committee arrangements: delegation to authorised persons, sub-delegation, and committees requiring Ministerial approval (s9; s10).","Administrative integration and funding: expenses paid from Parliament (s15) and treated as part of the Department for audit/finance Acts (s16), which affects reporting and oversight.","Conflict disclosure and meeting procedure formalities: pecuniary interest rules, minutes, quorum and limits on meetings (Schedule 1 cl 5; Schedule 2).","Transitional and repeal mechanics: repeal of the previous Science and Technology Council and transfer of assets, rights and liabilities (s21; Schedule 3 cl 4)."],"plain_english_summary":"Creates the New South Wales Innovation and Productivity Council, a statutory Crown body to investigate and advise on innovation aimed at increasing jobs, investment, exports and interstate trade. \n\nThe Act vests appointments and operational control with the Governor and the Minister, funds the Council from Parliament, allows it to obtain certain public-authority information (subject to the Government Information (Public Access) Act), publish investigations, delegate functions and form committees (s6, s7, s15, s13, s12, s10). The stated purpose is to raise innovative activity to improve productivity and employment (s5)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The scope appears to have expanded from the original intent. The Act was originally named the 'Innovation Council Act 1996', focusing solely on innovation. The subsequent renaming to the 'Innovation and Productivity Council Act 1996' indicates that the Council's mandate was broadened to explicitly encompass productivity as well as innovation — representing a deliberate widening of the body's advisory scope and likely its membership criteria and functions."},"complexity_factors":["Limited substantive content is visible in the provided text — the document is largely metadata, navigation, and status information rather than the full operative provisions of the Act","The Act has been amended multiple times over nearly 30 years, creating a layered legislative history that requires cross-referencing historical versions","The renaming of the Act (from 'Innovation Council Act' to 'Innovation and Productivity Council Act') suggests at least one significant structural amendment that may have altered the Council's functions","Interaction with other NSW legislation (such as the Interpretation Act 1987 and Administrative Arrangements Orders) adds a minor layer of cross-referential complexity","Advisory body legislation of this type typically involves provisions about membership, appointments, terms, functions, and governance — standard but moderately technical content"],"plain_english_summary":"The Act creates the Innovation and Productivity Council, a government‑backed advisory body that advises the Minister for Innovation, Science and Technology on boosting innovation and productivity across NSW. It primarily guides government agencies and policymakers, with indirect effects on businesses and residents through shaped economic and industry policy.\n\nOriginally the Innovation Council Act 1996, the law has been updated several times, most recently effective 13 January 2023."}},"importantCases":[],"_links":{"self":"/api/acts/innovation-and-productivity-council-act-1996","history":"/api/acts/innovation-and-productivity-council-act-1996/history","analysis":"/api/acts/innovation-and-productivity-council-act-1996/analysis","conflicts":"/api/acts/innovation-and-productivity-council-act-1996/conflicts","importantCases":"/api/acts/innovation-and-productivity-council-act-1996/important-cases","documents":"/api/acts/innovation-and-productivity-council-act-1996/documents"}}