{"id":"BILL-QLD-3253","name":"Queensland Institute of Medical Research Bill 2025","slug":"queensland-institute-of-medical-research-bill-2025","collection":"bill","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2025-01-01","administeringDepartment":null,"currentVersion":{"id":446112,"registerId":"BILL-QLD-3253:current","compilationNumber":null,"startDate":"2025-01-01","status":"in_force","reasons":null,"registeredAt":"2026-05-06T12:45:21.244Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Queensland Institute of Medical Research Bill 2025\n\nQueensland\nQueensland Institute of\nMedical Research Bill 2025\n\nQueensland\nQueensland Institute of Medical Research\nBill 2025\nContents\nPage\nPart 1 Preliminary\n1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6\n2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6\n3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6\n4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6\nPart 2 Queensland Institute of Medical Research\nDivision 1 The institute\n5 The Queensland Institute of Medical Research . . . . . . . . . . . . . 7\nDivision 2 The council\n6 The council of the institute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7\n7 Legal status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7\n8 Application of other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8\n9 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8\n10 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9\nDivision 3 Membership of council\nSubdivision 1 Membership\n11 Council members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9\n12 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10\n13 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10\n14 Chairperson and deputy chairperson . . . . . . . . . . . . . . . . . . . . . 10\n15 Vacancy in office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11\n16 Removal of council members . . . . . . . . . . . . . . . . . . . . . . . . . . . 12\n17 Disqualification of council members . . . . . . . . . . . . . . . . . . . . . . 12\nSubdivision 2 Criminal history\n\nContents\nQueensland Institute of Medical Research Bill 2025\nPage 2\nAuthorised by the Parliamentary Counsel\n18 Criminal history reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13\n19 Requirement to disclose changes in criminal history . . . . . . . . . 14\n20 Confidentiality of criminal history information . . . . . . . . . . . . . . . 14\nDivision 4 Meetings of council\n21 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15\n22 Meetings generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16\n23 Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16\n24 Quorum at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16\n25 Voting at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17\n26 Disclosure of interests at meetings . . . . . . . . . . . . . . . . . . . . . . . 17\n27 Validity of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18\n28 Minutes and other records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18\n29 Council to inform Minister about particular matters . . . . . . . . . . . 19\n30 Minister may require information . . . . . . . . . . . . . . . . . . . . . . . . . 19\nDivision 5 Subcommittees\n31 Council may establish subcommittees . . . . . . . . . . . . . . . . . . . . 20\n32 Validity of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21\nDivision 6 Institute director\n33 Appointing director of institute . . . . . . . . . . . . . . . . . . . . . . . . . . . 21\n34 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22\n35 Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22\n36 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22\n37 Director must disclose particular matters . . . . . . . . . . . . . . . . . . 23\n38 Acting director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23\nDivision 7 Institute staff and other matters\n39 Institute staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24\n40 Engagement of researchers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24\n41 Ownership of intellectual property . . . . . . . . . . . . . . . . . . . . . . . . 25\n42 Commercialised incentive payments for intellectual property . . . 25\nPart 3 Miscellaneous\n43 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26\n44 Application of Collections Act 1966 . . . . . . . . . . . . . . . . . . . . . . . 27\n45 Delegation and subdelegation . . . . . . . . . . . . . . . . . . . . . . . . . . . 27\n46 Gifts, devises and bequests . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27\n47 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28\nPart 4 Repeal and transitional provisions\n\nContents\nQueensland Institute of Medical Research Bill 2025\nPage 3\nAuthorised by the Parliamentary Counsel\nDivision 1 Repeal\n48 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28\nDivision 2 Transitional provisions\n49 Definitions for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29\n50 Continuation of existing appointment—council members . . . . . . 29\n51 Continuation of existing advisory committees . . . . . . . . . . . . . . . 29\n52 Continuation of existing appointment—director . . . . . . . . . . . . . . 30\n53 Continuation of existing appointments—deputy director, secretary and\nother employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30\n54 Continuation of existing appointments—honorary research workers and\nresearch projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31\n55 Saving of operation of repealed Act, section 31 . . . . . . . . . . . . . 31\nPart 5 Amendment of legislation\nDivision 1 Amendment of this Act\n56 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31\n57 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31\nDivision 2 Other amendments\n58 Legislation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32\nSchedule 1 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33\nSchedule 2 Other amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34\nCollections Act 1966 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34\nDuties Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34\nFair Work (Commonwealth Powers) and Other Provisions Act 2009 35\nStatutory Bodies Financial Arrangements Regulation 2019 . . . . 35\n\n2025\nA Bill\nfor\nAn Act to provide for the administration and operation of the\nQueensland Institute of Medical Research, to repeal the\nQueensland Institute of Medical Research Act 1945, and to\namend this Act and the legislation mentioned in schedule 2 for\nparticular purposes\n\nPage 6\nAuthorised by the Parliamentary Counsel\n[s 1]\nQueensland Institute of Medical Research Bill 2025\nPart 1 Preliminary\nThe Parliament of Queensland enacts—\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Queensland Institute of Medical\nResearch Act 2025.\n2 Commencement\nThis Act commences on a day to be fixed by proclamation.\n3 Act binds all persons\n(1) This Act binds all persons, including the State and, as far as\nthe legislative power of the Parliament permits, the\nCommonwealth and the other States.\n(2) However, the State, the Commonwealth or another State can\nnot be prosecuted for an offence against this Act.\n4 Definitions\nThe dictionary in schedule 1 defines particular words used in\nthis Act.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n\nPage 7\nAuthorised by the Parliamentary Counsel\n[s 5]\nQueensland Institute of Medical Research Bill 2025\nPart 2 Queensland Institute of Medical Research\nPart 2 Queensland Institute of Medical\nResearch\nDivision 1 The institute\n5 The Queensland Institute of Medical Research\n(1) The Queensland Institute of Medical Research established\nunder the repealed Queensland Institute of Medical Research\nAct 1945, section 3 (the institute) is continued in existence\nunder this Act.\n(2) The institute is established for the purpose of—\n(a) initiating and conducting research into any branch of\nmedical science, particularly in relation to diseases of\nparticular significance to Queensland; and\n(b) directing and using the research to improve the health\nand the wellbeing of the people of Queensland.\nDivision 2 The council\n6 The council of the institute\nThe Council of The Queensland Institute of Medical Research\nestablished under the repealed Queensland Institute of\nMedical Research Act 1945, section 3 (the council) is\ncontinued in existence under this Act.\n7 Legal status\n(1) The council—\n(a) is a body corporate; and\n(b) may sue and be sued in its corporate name.\n(2) The council does not represent the State.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n\nPage 8\nAuthorised by the Parliamentary Counsel\n[s 8]\nQueensland Institute of Medical Research Bill 2025\nPart 2 Queensland Institute of Medical Research\n8 Application of other Acts\nThe council is—\n(a) a statutory body under the Financial Accountability Act\n2009; and\n(b) a statutory body under the Statutory Bodies Financial\nArrangements Act 1982; and\nNote—\nThe Statutory Bodies Financial Arrangements Act 1982, part 2B\nsets out the way that Act affects the powers of the council.\n(c) a unit of public administration under the Crime and\nCorruption Act 2001, section 20.\n9 Functions\nThe council has the following functions—\n(a) to manage the institute in a proper, efficient and\neffective way;\n(b) to raise and accept money for the institute to carry out its\npurpose;\n(c) to accept any gift, devise or bequest of property made\nfor the benefit of the institute;\n(d) to help the institute carry out its purpose by investing\nmoney—\n(i) raised by, or given to, the council; or\n(ii) derived from any property, or other investment,\nowned or operated by the council;\n(e) to exploit commercially, for the institute’s benefit, a\nfacility or resource owned by the council, including, for\nexample, study, research or knowledge, or the practical\napplication of study, research or knowledge, managed\nby the council, whether alone or with someone else;\n(f) any other function given to the council under this Act or\nanother Act.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n\nPage 9\nAuthorised by the Parliamentary Counsel\n[s 10]\nQueensland Institute of Medical Research Bill 2025\nPart 2 Queensland Institute of Medical Research\n10 Powers\n(1) The council has all the powers of an individual and may do\nanything necessary or convenient to be done in the\nperformance of its functions.\n(2) Also, the council has any other power given to it under this\nAct or another Act.\nDivision 3 Membership of council\nSubdivision 1 Membership\n11 Council members\n(1) The council consists of not more than 9 members appointed\nby the Minister.\n(2) The Minister may appoint a person as a council member only\nif the Minister is satisfied the person—\n(a) is appropriately qualified in at least 1 of the following\nareas—\n(i) corporate governance;\n(ii) public or academic administration;\n(iii) health or clinical research;\n(iv) health ethics;\n(v) financial management;\n(vi) fund raising;\n(vii) commercialisation of intellectual property;\n(viii)another area the Minister considers appropriate\nhaving regard to the institute’s purpose; and\n(b) is not disqualified from being a council member under\nsection 17.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n\nPage 10\nAuthorised by the Parliamentary Counsel\n[s 12]\nQueensland Institute of Medical Research Bill 2025\nPart 2 Queensland Institute of Medical Research\n(3) A council member is appointed under this Act and not the\nPublic Sector Act 2022.\n12 Term of appointment\n(1) A council member holds office for the term stated in the\nmember’s instrument of appointment.\n(2) The stated term must not be more than 4 years.\n(3) A council member may be reappointed.\n(4) However, a person must not be reappointed as a council\nmember if the total period of the person’s appointment as a\ncouncil member would be more than 12 years.\n13 Conditions of appointment\n(1) A council member is to be paid the remuneration and\nallowances decided by the Minister.\n(2) A council member holds office on the terms and conditions,\nnot provided for by this Act, decided by the Minister.\n14 Chairperson and deputy chairperson\n(1) The Minister may appoint—\n(a) a council member to be the chairperson of the council;\nand\n(b) another council member to be the deputy chairperson of\nthe council.\n(2) The Minister may appoint a council member as chairperson or\ndeputy chairperson at the time the person is appointed as a\ncouncil member.\n(3) The chairperson is responsible for managing and directing the\nactivities of the council to ensure the council performs its\nfunctions and exercises its powers appropriately.\n(4) The deputy chairperson must act as chairperson—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n\nPage 11\nAuthorised by the Parliamentary Counsel\n[s 15]\nQueensland Institute of Medical Research Bill 2025\nPart 2 Queensland Institute of Medical Research\n(a) during a vacancy in the office of the chairperson; and\n(b) during all periods when the chairperson is absent from\nduty or for another reason can not perform the functions\nof the office.\n(5) The chairperson and deputy chairperson hold office for the\nterm stated in the person’s instrument of appointment.\n(6) A person may be reappointed as chairperson or deputy\nchairperson.\n(7) A vacancy in the office of chairperson or deputy chairperson\narises if the person holding the office—\n(a) resigns from the office by signed notice given to the\nMinister; or\n(b) ceases to be a council member.\n(8) However, a person may continue to be a council member after\nresigning the office of chairperson or deputy chairperson.\n15 Vacancy in office\n(1) The office of a council member becomes vacant if—\n(a) the member completes the member’s term of office and\nis not reappointed; or\n(b) the member resigns from office by signed notice given\nto the Minister; or\n(c) the member is removed from office under section 16; or\n(d) the member becomes disqualified from continuing in the\noffice under section 17.\n(2) However, if subsection (1)(a) applies to a council member and\nanother person is not appointed to the member’s office before\nthe member’s term of office ends, the member continues to\nhold the office for a further period ending on the earliest of the\nfollowing—\n(a) when another person is appointed to the office;\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n\nPage 12\nAuthorised by the Parliamentary Counsel\n[s 16]\nQueensland Institute of Medical Research Bill 2025\nPart 2 Queensland Institute of Medical Research\n(b) 6 months after the member’s term of office would have\nended but for this subsection.\n16 Removal of council members\n(1) The Minister may remove a council member from office if the\nMinister is satisfied the member—\n(a) has engaged in—\n(i) inappropriate or improper conduct in an official\ncapacity; or\nExample—\na council member consents to the borrowing of an amount\nthat the council is not lawfully authorised to borrow under\nthe Statutory Bodies Financial Arrangements Act 1982\n(ii) inappropriate or improper conduct in a private\ncapacity that reflects seriously and adversely on\nthe institute or the council; or\n(b) is incapable of performing the member’s functions; or\n(c) has neglected the member’s functions or performed the\nmember’s functions incompetently; or\n(d) is absent from 3 consecutive meetings of the council—\n(i) without the council’s permission; and\n(ii) without reasonable excuse.\n(2) This section does not limit the Minister’s powers under the\nActs Interpretation Act 1954, section 25.\n17 Disqualification of council members\n(1) A person is disqualified from becoming or continuing as a\ncouncil member if—\n(a) the person is an insolvent under administration; or\n(b) the person is disqualified from managing corporations\nbecause of the Corporations Act, part 2D.6; or\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29","sortOrder":0},{"sectionNumber":"retrieval-0002","sectionType":"document_chunk","heading":"Document excerpt 2","content":"Page 13\nAuthorised by the Parliamentary Counsel\n[s 18]\nQueensland Institute of Medical Research Bill 2025\nPart 2 Queensland Institute of Medical Research\n(c) the person has a conviction, other than a spent\nconviction, for an indictable offence; or\n(d) the person is convicted of an offence against this Act; or\n(e) the person is a member of the Legislative Assembly; or\n(f) the person is a staff member of the institute; or\n(g) the Minister asks for the person’s consent to make a\nrequest under section 18 in relation to the person and the\nperson does not consent.\n(2) If an event mentioned in subsection (1)(a) or (b) happens\nduring the person’s term of office, the person must, unless the\nperson has a reasonable excuse, immediately give notice of\nthe insolvency or disqualification to the Minister.\nMaximum penalty—100 penalty units.\nNote—\nFor the requirement to give notice of a change in a person’s criminal\nhistory, see section 19.\nSubdivision 2 Criminal history\n18 Criminal history reports\n(1) To decide if a person is disqualified from becoming or\ncontinuing as a council member, the Minister may ask the\npolice commissioner for—\n(a) a written report about the criminal history of the person;\nand\n(b) a brief description of the circumstances of a conviction\nmentioned in the criminal history.\n(2) However, the Minister may make the request only if the\nperson has given the Minister written consent for the request.\n(3) The police commissioner must comply with the request.\n(4) However, the duty to comply under subsection (3) applies\nonly to information in the possession of the police\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n\nPage 14\nAuthorised by the Parliamentary Counsel\n[s 19]\nQueensland Institute of Medical Research Bill 2025\nPart 2 Queensland Institute of Medical Research\ncommissioner or to which the police commissioner has\naccess.\n19 Requirement to disclose changes in criminal history\n(1) This section applies if a person who is a council member is\ncharged with or convicted of an indictable offence during the\nterm of the person’s appointment.\n(2) The person must, unless the person has a reasonable excuse,\nimmediately after the person is charged or convicted, give\nwritten notice of the charge or conviction to the Minister.\nMaximum penalty—100 penalty units.\n(3) The written notice must state the following matters—\n(a) the existence of the charge or conviction;\n(b) when the offence was committed or allegedly\ncommitted;\n(c) details adequate to identify the offence or alleged\noffence;\n(d) for a conviction—the sentence imposed on the person.\n20 Confidentiality of criminal history information\n(1) This section applies to a person who possesses criminal\nhistory information because the person is or was—\n(a) the Minister; or\n(b) a council member; or\n(c) the director; or\n(d) a staff member of the institute or other person engaged\nby the council; or\n(e) a public service employee performing functions under\nor relating to the administration of this Act.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n\nPage 15\nAuthorised by the Parliamentary Counsel\n[s 21]\nQueensland Institute of Medical Research Bill 2025\nPart 2 Queensland Institute of Medical Research\n(2) The person must not disclose the criminal history information\nto anyone else, or use the criminal history information, other\nthan under this section.\nMaximum penalty—100 penalty units.\n(3) The person may disclose or use the criminal history\ninformation—\n(a) to the extent the disclosure or use—\n(i) is necessary to perform the person’s functions\nunder or relating to the administration of this Act;\nor\n(ii) is otherwise required or permitted under this Act or\nanother law; or\n(b) with the consent of the person to whom the information\nrelates; or\n(c) in compliance with a lawful process requiring\nproduction of documents to, or giving evidence before, a\ncourt or tribunal.\n(4) A person who possesses criminal history information must\nensure the information is destroyed as soon as practicable\nafter it is no longer needed for the purpose for which it was\ngiven.\n(5) Subsection (4) applies despite the Public Records Act 2023.\n(6) In this section—\ncriminal history information means—\n(a) a report given under section 18; or\n(b) a notice given under section 19.\nDivision 4 Meetings of council\n21 Conduct of business\nSubject to this division, the council may conduct its business,\nincluding its meetings, in the way it considers appropriate.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n\nPage 16\nAuthorised by the Parliamentary Counsel\n[s 22]\nQueensland Institute of Medical Research Bill 2025\nPart 2 Queensland Institute of Medical Research\n22 Meetings generally\n(1) The council may convene meetings of the council as the\ncouncil considers appropriate.\n(2) Also, the chairperson may convene a meeting of the council as\nthe chairperson considers appropriate.\n(3) The council may hold meetings, or allow members to take part\nin meetings, by using any technology allowing reasonably\ncontemporaneous and continuous communication between\nparties taking part in the meeting.\nExample—\nteleconferencing\n(4) A council member who takes part in a meeting under\nsubsection (3) is taken to be present at the meeting.\n(5) A resolution is validly made by the council, even if it is not\npassed at a meeting of the council, if—\n(a) notice of the resolution is given under procedures\napproved by the council; and\n(b) a majority of council members agree in writing to the\nresolution.\n23 Presiding at meetings\n(1) The chairperson is to preside at all meetings of the council at\nwhich the chairperson is present.\n(2) If the chairperson is not present at a meeting, the deputy\nchairperson is to preside.\n(3) If neither the chairperson nor deputy chairperson is present at\na meeting, a council member chosen by the majority of\ncouncil members present at the meeting is to preside.\n24 Quorum at meetings\n(1) A quorum for a meeting of the council is a majority of the\ncouncil members.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n\nPage 17\nAuthorised by the Parliamentary Counsel\n[s 25]\nQueensland Institute of Medical Research Bill 2025\nPart 2 Queensland Institute of Medical Research\n(2) However, if at a meeting a council member present at the\nmeeting is required under section 26 not to be present during\ndeliberations, or not to take part in any decision, of the council\nfor a particular matter, the remaining council members present\nconstitute a quorum for the meeting.\n25 Voting at meetings\n(1) A question at a meeting of the council is decided by a majority\nof the votes of the council members present and able to vote\non the question.\n(2) If the votes are equal, the council member presiding at the\nmeeting also has a casting vote.\n26 Disclosure of interests at meetings\n(1) This section applies to a council member if—\n(a) a matter is being considered, or is about to be\nconsidered, at a meeting of the council; and\n(b) the member has a material personal interest in the\nmatter; and\n(c) the material personal interest could conflict with the\nproper performance of the member’s functions in\nrelation to the consideration of the matter.\n(2) For subsection (1), a council member has a material personal\ninterest in a matter if any of the following entities stands to\ngain a benefit or suffer a loss, either directly or indirectly,\nbecause of the outcome of the consideration of the matter—\n(a) the member;\n(b) the member’s spouse;\n(c) a parent, child, sibling or other relative of the member;\n(d) an individual who is employed by the member;\n(e) an employer, other than a government entity, of the\nmember;\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n\nPage 18\nAuthorised by the Parliamentary Counsel\n[s 27]\nQueensland Institute of Medical Research Bill 2025\nPart 2 Queensland Institute of Medical Research\n(f) an entity, other than a government entity, of which the\nmember is an office holder.\n(3) As soon as practicable after the relevant facts come to the\nknowledge of the council member, the member must disclose\nthe nature of the material personal interest to the other council\nmembers present at the meeting.\n(4) The council member may further participate in the\nconsideration of the matter only if a majority of the other\ncouncil members present at the meeting agree to the member’s\nfurther participation.\n(5) However, the council member can not participate in any vote\non the matter at the meeting.\n(6) The particulars of a disclosure made under subsection (3)\nmust be recorded by the council in the minutes of the meeting\nat which the matter is considered.\n(7) A failure to make a disclosure under subsection (3) does not,\nof itself, invalidate a decision of the council.\n(8) In this section—\ngovernment entity see the Public Sector Act 2022, section\n276.\n27 Validity of decisions\nA decision of the council is not invalid only because—\n(a) there is a vacancy in the membership of the council; or\n(b) there is a defect or irregularity in the appointment of a\ncouncil member.\n28 Minutes and other records\nThe council must keep—\n(a) minutes of its meetings; and\n(b) a record of its decisions and resolutions.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n\nPage 19\nAuthorised by the Parliamentary Counsel\n[s 29]\nQueensland Institute of Medical Research Bill 2025\nPart 2 Queensland Institute of Medical Research\n29 Council to inform Minister about particular matters\n(1) This section applies if the council becomes aware of a matter\nthat may significantly affect—\n(a) the financial viability of the institute or the council; or\nExamples of a matter that may significantly affect the institute’s\nfinancial viability—\n1 a proceeding against the institute that may result in payment\nof a significant amount of damages or legal costs\n2 a significant decrease in the value of funds held on\ninvestment by the council\n(b) the administration or management of the institute or the\ncouncil.\nExample of a matter that may significantly affect the administration\nor management of the institute—\nthe distribution of funds held by the council towards something\nthat is outside the scope of the institute’s purpose\n(2) The council must give the Minister written notice of the\nmatter immediately after the council becomes aware of the\nmatter.\n30 Minister may require information\n(1) This section applies if—\n(a) the council gives the Minister a notice under section 29;\nor\n(b) the Minister has a concern about the financial viability,\nadministration or management of the institute or the\ncouncil.\n(2) The Minister may, by written notice given to the council, ask\nthe council to do either or both of the following within a stated\nreasonable period and in a stated reasonable way—\n(a) give the Minister information in the council’s possession\nabout a stated matter;\n(b) make information in the council’s possession about a\nstated matter available for inspection by the Minister.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n33\n\nPage 20\nAuthorised by the Parliamentary Counsel\n[s 31]\nQueensland Institute of Medical Research Bill 2025\nPart 2 Queensland Institute of Medical Research\n(3) Unless the Minister is satisfied there are exceptional\ncircumstances, the Minister must consult with the council\nbefore giving a notice under subsection (2).\n(4) The council must comply with a notice given under\nsubsection (2).\n(5) If the council gives the Minister a document under this\nsection, the Minister may keep the document to copy it and\nmust return the document to the council as soon as practicable\nafter copying it.\n(6) The Minister may disclose the information given to the\nMinister under this section to an entity the Minister considers\nappropriate to help the Minister assess—\n(a) the financial viability of the institute or the council; or\n(b) how the institute or the council is being administered or\nmanaged.\n(7) In this section—\ninformation includes a document.\nDivision 5 Subcommittees\n31 Council may establish subcommittees\n(1) The council may establish a subcommittee to help the council\nperform its functions.\n(2) In establishing a subcommittee, the council may decide the\nfollowing matters—\n(a) the functions of, or terms of reference for, the\nsubcommittee;\n(b) the number of persons to be appointed to the\nsubcommittee as members and any appropriate\nqualifications for membership of the subcommittee;\n(c) the way, or frequency with which, the subcommittee\nmust conduct its meetings or report to the council;\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n\nPage 21\nAuthorised by the Parliamentary Counsel\n[s 32]\nQueensland Institute of Medical Research Bill 2025\nPart 2 Queensland Institute of Medical Research\n(d) any other matter that is necessary or convenient to be\ndone by the subcommittee in performing its functions.\n(3) The subcommittee consists of the persons appointed by the\ncouncil as members of the subcommittee.\n(4) A member of a subcommittee—\n(a) is entitled to the remuneration and allowances decided\nby the Minister and stated in the member’s instrument of\nappointment; and\n(b) holds office on the terms and conditions, not provided\nfor by this Act, stated in the member’s instrument of\nappointment.\n32 Validity of decisions\nA decision of a subcommittee established under section 31 is\nnot invalid only because—\n(a) there is a vacancy in the membership of the\nsubcommittee; or\n(b) there is a defect or irregularity in the appointment of a\nmember of the subcommittee.\nDivision 6 Institute director\n33 Appointing director of institute\n(1) The council must appoint a person as the director of the\ninstitute (the director).\n(2) A person may be appointed as the director only if—\n(a) the council is satisfied the person is appropriately\nqualified; and\n(b) the person is not an insolvent under administration; and\n(c) the person has not been convicted of an indictable\noffence, other than a conviction that is a spent\nconviction; and\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n\nPage 22\nAuthorised by the Parliamentary Counsel\n[s 34]\nQueensland Institute of Medical Research Bill 2025\nPart 2 Queensland Institute of Medical Research\n(d) the Minister has approved the person’s appointment.\n(3) The director is appointed under this Act and not the Public\nSector Act 2022.\n34 Term of appointment\n(1) The director holds office for the term stated in the director’s\ninstrument of appointment.\n(2) The stated term must not be more than 7 years.\n(3) A person may be reappointed as director.\n35 Responsibilities\n(1) The director is responsible for the day-to-day administration\nof the institute, including, for example—\n(a) ensuring the effective and efficient administration and\noperation of the institute; and\n(b) the management of staff members of the institute; and\n(c) the administration and conduct of research carried out\nby the institute.\n(2) The director—\n(a) must comply with the written policies and directions of\nthe council in carrying out the responsibilities of the\noffice; and\n(b) is accountable to the council.\n(3) The director also has the responsibilities given to the director\nunder this Act or another Act.\n36 Conditions of appointment\n(1) The director is to be paid the remuneration and allowances—\n(a) decided by the council; and\n(b) approved by the Minister.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n\nPage 23\nAuthorised by the Parliamentary Counsel\n[s 37]\nQueensland Institute of Medical Research Bill 2025\nPart 2 Queensland Institute of Medical Research\n(2) The director holds office on the terms and conditions, not\nprovided for by this Act—\n(a) decided by the council; and\n(b) approved by the Minister.\n37 Director must disclose particular matters\n(1) This section applies to a person who—\n(a) is appointed as the director; and\n(b) during the term of the person’s appointment—\n(i) becomes an insolvent under administration; or\n(ii) is charged with, or convicted of, an indictable\noffence.\n(2) The person must, unless the person has a reasonable excuse,\nimmediately give written notice of the insolvency, charge or\nconviction to the council.\nMaximum penalty—100 penalty units.\n(3) If subsection (1)(b)(ii) applies, the written notice must state\nthe following matters—\n(a) the existence of the charge or conviction;\n(b) when the offence was committed or allegedly\ncommitted;\n(c) details adequate to identify the offence or alleged\noffence;\n(d) for a conviction—the sentence imposed on the person.\n38 Acting director\n(1) This section applies if—\n(a) the office of the director is vacant; or\n(b) the director is for any reason unable to perform the\nfunctions of the office.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28","sortOrder":1},{"sectionNumber":"retrieval-0003","sectionType":"document_chunk","heading":"Document excerpt 3","content":"Page 24\nAuthorised by the Parliamentary Counsel\n[s 39]\nQueensland Institute of Medical Research Bill 2025\nPart 2 Queensland Institute of Medical Research\n(2) The council may appoint a person to act as the director—\n(a) for a period of not longer than 6 months; and\n(b) only if the person could be appointed as the director\nunder section 33(2)(a) to (c).\n(3) However, the council may extend the appointment for a\nfurther period of not longer than 6 months, with the Minister’s\napproval.\nDivision 7 Institute staff and other matters\n39 Institute staff\n(1) The council may employ staff of the institute the council\nconsiders appropriate to help the council—\n(a) carry out the institute’s purpose; and\n(b) perform any other function under this Act.\n(2) The staff employed under this section—\n(a) are to be paid the remuneration and allowances decided\nby the council; and\n(b) are employed under this Act and not the Public Sector\nAct 2022.\n40 Engagement of researchers\n(1) The council may engage a person (a researcher) to help the\ncouncil carry out the institute’s purpose.\n(2) A person may be engaged as a researcher only if the council is\nsatisfied the person is appropriately qualified.\n(3) A person engaged under this section is engaged for the term\nstated in the instrument under which the person is engaged.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n\nPage 25\nAuthorised by the Parliamentary Counsel\n[s 41]\nQueensland Institute of Medical Research Bill 2025\nPart 2 Queensland Institute of Medical Research\n41 Ownership of intellectual property\n(1) This section applies in relation to intellectual property\nproduced—\n(a) by a staff member of the institute or a researcher; and\n(b) in the course of performing functions of the staff\nmember or researcher under this Act.\n(2) Subject to any other Act or an arrangement between the staff\nmember or researcher and the council, ownership of the\nintellectual property vests in the council.\n42 Commercialised incentive payments for intellectual\nproperty\n(1) This section applies in relation to an item of intellectual\nproperty that—\n(a) is produced by a person as part of the person’s\nemployment, contractual or other arrangement with the\ncouncil; and\n(b) is owned by the council.\n(2) If the council has a net commercialisation revenue amount for\nan item of intellectual property, the council may pay each\nperson who produced the intellectual property a payment (a\ncommercialised incentive payment) in accordance with the\nfollowing limits—\n(a) a maximum total amount of $10m may be paid in\nrelation to the item of intellectual property in a financial\nyear;\n(b) a maximum amount of $5m may be paid to a person in\nrelation to the item of intellectual property in a financial\nyear.\n(3) The council may pay a commercialised incentive payment in\nexcess of a maximum amount stated in subsection (2) if,\nbefore the payment is made, the Governor in Council\napproves the payment.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n32\n\nPage 26\nAuthorised by the Parliamentary Counsel\n[s 43]\nQueensland Institute of Medical Research Bill 2025\nPart 3 Miscellaneous\n(4) A commercialised incentive payment must be paid from the\nnet commercialisation revenue amount for the item of\nintellectual property.\n(5) The council may pay a person a commercialised incentive\npayment in addition to any other payment the council must\npay the person.\n(6) In this section—\nnet commercialisation revenue amount, for an item of\nintellectual property, means the council’s net earnings derived\nfrom the commercialisation of the intellectual property.\nPart 3 Miscellaneous\n43 Annual report\n(1) The council must include in its annual report prepared under\nthe Financial Accountability Act 2009, section 63 for a\nfinancial year, information about—\n(a) the functions performed by the council during the\nfinancial year; and\n(b) how efficiently and effectively the council has\nperformed its functions during the financial year.\n(2) The information mentioned in subsection (1) may include\nstatistics.\n(3) The report must not be prepared in a way that discloses\nconfidential information.\n(4) In this section—\nconfidential information means information, other than\ninformation that is publicly available—\n(a) about a person’s personal affairs or reputation; or\n(b) that would be likely to damage the commercial activities\nof a person to whom the information relates; or\n(c) that is contained in—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n\nPage 27\nAuthorised by the Parliamentary Counsel\n[s 44]\nQueensland Institute of Medical Research Bill 2025\nPart 3 Miscellaneous\n(i) a report given under section 18; or\n(ii) a notice given under section 19.\n44 Application of Collections Act 1966\n(1) The Collections Act 1966 applies to the council in the\nperformance of its functions and exercise of its powers,\nsubject to subsection (2).\n(2) For the Collections Act 1966, part 3, the functions of the\ncouncil are taken to be a purpose that is sanctioned for that\nAct.\n45 Delegation and subdelegation\n(1) The council may delegate the council’s functions or powers\nunder this Act to the director.\n(2) The director may delegate the director’s functions or powers\nunder this Act to an appropriately qualified staff member of\nthe institute.\n(3) Also, if the council delegates a function or power to the\ndirector under subsection (1), the director may subdelegate the\nfunction or power to an appropriately qualified staff member\nof the institute.\n46 Gifts, devises and bequests\n(1) This section applies if a gift, devise or bequest of property is\nmade to the council for the benefit of the institute.\n(2) If the council accepts the gift, devise or bequest—\n(a) the acceptance is a complete discharge to the person\nmaking the gift, devise or bequest; and\n(b) the person is not responsible for how the gift, devise or\nbequest is applied.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n\nPage 28\nAuthorised by the Parliamentary Counsel\n[s 47]\nQueensland Institute of Medical Research Bill 2025\nPart 4 Repeal and transitional provisions\n(3) If the person making the gift, devise or bequest gives any of\nthe following directions, the council must comply with the\ndirection—\n(a) to keep a record of and an account for the property the\nsubject of the gift, devise or bequest;\n(b) to use the property in a particular way and for a\nparticular purpose;\n(c) to identify and use the property under a particular name\nor title.\n(4) To the extent that subsection (3) does not apply, the council\nmay do any of the following things in relation to the property\nthe subject of the gift, devise or bequest—\n(a) use the property in a way and for a purpose decided by\nthe council;\n(b) identify and use the property under the name or title\ndecided by the council.\n(5) This section applies subject to the Financial Accountability\nAct 2009, section 64.\n47 Regulation-making power\nThe Governor in Council may make regulations under this\nAct.\nPart 4 Repeal and transitional\nprovisions\nDivision 1 Repeal\n48 Repeal\nThe Queensland Institute of Medical Research Act 1945, No.\n21 is repealed.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n\nPage 29\nAuthorised by the Parliamentary Counsel\n[s 49]\nQueensland Institute of Medical Research Bill 2025\nPart 4 Repeal and transitional provisions\nDivision 2 Transitional provisions\n49 Definitions for division\nIn this division—\nrepealed Act means the repealed Queensland Institute of\nMedical Research Act 1945.\n50 Continuation of existing appointment—council members\n(1) This section applies to a person who, immediately before the\ncommencement, held an appointment as a member of the\ncouncil under the repealed Act, section 5.\n(2) From the commencement—\n(a) the person’s appointment as a member of the council\ncontinues under this Act subject to the terms and\nconditions of the person’s instrument of appointment;\nand\n(b) if the person was appointed as chair under the repealed\nAct, section 5C, the person is taken to be appointed as\nchairperson under section 14; and\n(c) if the person was appointed as deputy chair under the\nrepealed Act, section 5C, the person is taken to be\nappointed as deputy chairperson under section 14.\n51 Continuation of existing advisory committees\n(1) This section applies in relation to an advisory committee\nformed under the repealed Act, section 8(9) that, immediately\nbefore the commencement, was continuing to advise the\ncouncil on a matter referred to the committee.\n(2) From the commencement—\n(a) the advisory committee is taken to be a subcommittee\nestablished under section 31 to help the council perform\nits functions in relation to the matter; and\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n\nPage 30\nAuthorised by the Parliamentary Counsel\n[s 52]\nQueensland Institute of Medical Research Bill 2025\nPart 4 Repeal and transitional provisions\n(b) each person who, immediately before the\ncommencement, was a member of the advisory\ncommittee—\n(i) is taken to be appointed as a member of the\nsubcommittee under section 31(3); and\n(ii) is entitled to the fees and allowances approved by\nthe Governor in Council under the repealed Act,\nsection 8(11).\n52 Continuation of existing appointment—director\n(1) This section applies to a person who, immediately before the\ncommencement, held an appointment as director of the\ninstitute under the repealed Act, section 10.\n(2) From the commencement, the person’s appointment as\ndirector of the institute continues under this Act subject to the\nterms and conditions of the person’s instrument of\nappointment.\n53 Continuation of existing appointments—deputy director,\nsecretary and other employees\n(1) This section applies to a person who, immediately before the\ncommencement, held an appointment—\n(a) as deputy director of the institute under the repealed\nAct, section 10; or\n(b) as secretary of the institute under the repealed Act,\nsection 11(1); or\n(c) under the repealed Act, section 11(4).\n(2) From the commencement, the person’s appointment continues\nas follows—\n(a) the person is a staff member of the institute who has the\nfunctions decided by the director;\n(b) the person’s appointment is subject to the terms and\nconditions of the person’s instrument of appointment, to\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n26\n27\n28\n29\n30\n31\n\nPage 31\nAuthorised by the Parliamentary Counsel\n[s 54]\nQueensland Institute of Medical Research Bill 2025\nPart 5 Amendment of legislation\nthe extent the terms and conditions are consistent with\nparagraph (a).\n54 Continuation of existing appointments—honorary\nresearch workers and research projects\n(1) This section applies to a person who, immediately before the\ncommencement, held an appointment—\n(a) as an honorary research worker under the repealed Act,\nsection 11(6); or\n(b) to take part in research projects under the repealed Act,\nsection 11A.\n(2) From the commencement, the person’s appointment continues\nas follows—\n(a) the person is taken to have been engaged as a researcher\nunder section 40;\n(b) the person’s appointment is subject to the terms and\nconditions of the person’s instrument of appointment.\n55 Saving of operation of repealed Act, section 31\nThe repealed Act, section 31, is declared to be a law to which\nthe Acts Interpretation Act 1954, section 20A applies.\nPart 5 Amendment of legislation\nDivision 1 Amendment of this Act\n56 Act amended\nThis division amends this Act.\n57 Amendment of long title\nLong title, from ‘, to repeal’—\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n19\n20\n21\n22\n23\n24\n25\n\nPage 32\nAuthorised by the Parliamentary Counsel\n[s 58]\nQueensland Institute of Medical Research Bill 2025\nPart 5 Amendment of legislation\nomit.\nDivision 2 Other amendments\n58 Legislation amended\nSchedule 2 amends the legislation it mentions.\n1\n2\n3\n4\n\nSchedule 1\nQueensland Institute of Medical Research Bill 2025\nPage 33\nAuthorised by the Parliamentary Counsel\nSchedule 1 Dictionary\nsection 4\nchairperson means the person appointed as chairperson of the\ncouncil under section 14.\ncouncil see section 6.\ncouncil member means a member of the council.\ncriminal history, of a person, means the person’s criminal\nhistory within the meaning of the Criminal Law\n(Rehabilitation of Offenders) Act 1986, other than a spent\nconviction.\ndeputy chairperson means the person appointed as deputy\nchairperson of the council under section 14.\ndirector see section 33(1).\ndisclose includes give access to.\ninstitute see section 5(1).\nresearcher see section 40(1).\nstaff member, of the institute, means a person employed\nunder section 39.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n\nSchedule 2\nQueensland Institute of Medical Research Bill 2025\nPage 34\nAuthorised by the Parliamentary Counsel\nSchedule 2 Other amendments\nsection 58\nCollections Act 1966\n1 Section 23A(3), definition excluded entity, paragraph (a)\n‘established under the Queensland Institute of Medical\nResearch Act 1945’—\nomit, insert—\ncontinued in existence under the Queensland\nInstitute of Medical Research Act 2025\nDuties Act 2001\n1 Section 141(2), from ‘under’ —\nomit, insert—\nto the Council of the Queensland Institute of\nMedical Research continued in existence under\nthe Queensland Institute of Medical Research Act\n2025, to which section 46 of that Act applies.\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n\nSchedule 2\nQueensland Institute of Medical Research Bill 2025\nPage 35\nAuthorised by the Parliamentary Counsel\nFair Work (Commonwealth Powers) and Other\nProvisions Act 2009\n1 Schedule 1, item 7, ‘established under the Queensland\nInstitute of Medical Research Act 1945’—\nomit, insert—\ncontinued in existence under the Queensland\nInstitute of Medical Research Act 2025\nStatutory Bodies Financial Arrangements Regulation\n2019\n1 Schedule 2, entry for ‘Queensland Institute of Medical\nResearch Act 1945’—\nomit, insert—\n2 Schedule 5, entry for ‘Queensland Institute of Medical\nResearch Act 1945’—\nomit, insert—\n3 Schedule 8, entry for ‘Queensland Institute of Medical\nResearch Act 1945’—\nomit, insert—\nQueensland Institute of Medical\nResearch Act 2025\nThe Council of The Queensland\nInstitute of Medical Research\nQueensland Institute of Medical\nResearch Act 2025\nThe Council of The Queensland\nInstitute of Medical Research\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\n12\n13\n14\n15\n16\n17\n18\n\nSchedule 2\nQueensland Institute of Medical Research Bill 2025\nPage 36\nAuthorised by the Parliamentary Counsel\nQueensland Institute of Medical\nResearch Act 2025\nThe Council of The Queensland\nInstitute of Medical Research\n© State of Queensland 2025","sortOrder":2}],"analysis":{"summary":{"status_summary":"The Queensland Institute of Medical Research Bill 2025 received royal assent but the official materials do not specify the date; it will commence on a day to be fixed by proclamation.","complexity_score":5,"likely_questions":["How does the commercialised incentive payment scheme work, and what are the maximum amounts that can be paid?","What qualifications are required for council members, and how are they appointed?","Who owns intellectual property created by QIMR staff and researchers under the new Act?","When will the Act commence, and what happens to existing appointments and committees in the transition?","What are the new obligations for council members regarding criminal history disclosure and conflicts of interest?"],"complexity_factors":["Multiple governance structures (council, director, subcommittees) with distinct appointment and accountability rules","Intellectual property ownership and commercialisation incentive payment provisions with caps and approval mechanisms","Criminal history checking and disclosure obligations for council members and director","Transitional provisions that continue existing appointments from the repealed 1945 Act","Amendments to several other Queensland Acts (Collections Act, Duties Act, Fair Work Act, Statutory Bodies Financial Arrangements Regulation)"],"plain_english_summary":"The Bill replaces QIMR’s 1945 Act with a modern statutory framework that continues the institute and its corporate council, updates governance, accountability and financial arrangements, and confirms the council’s powers and ministerial appointment/removal role. It clarifies IP ownership by the council and introduces capped commercialisation incentive payments to creators, plus new reporting and disclosure requirements. It mainly affects QIMR council members, the director, staff, researchers, donors and the Minister, and is a governance refresh with modest practical impacts."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Compared with the historical statutory purpose (continuing a medical research institute), this Bill modernises and broadens the institute’s statutory framework in several concrete ways: it explicitly places the council under contemporary financial and corruption oversight regimes, makes the council the default owner of staff‑created intellectual property (s 8, s 41), and creates a formal commercialisation incentive scheme with substantial numeric caps for payments to inventors (s 42). It also removes staff and director appointments from the Public Sector Act framework by making them employees under this Act (s 33(3), s 39(2)), which gives the institute greater operational and employment flexibility. These changes shift the practical scope toward commercial exploitation and institutional autonomy in employment and remuneration, while retaining ministerial appointment and oversight powers (ss 11, 14, 30, 42(3)). The Act therefore goes beyond a simple administrative modernisation of the 1945 Act and embeds an explicit commercialisation and governance model that was not as clearly expressed in the repealed Act."},"complexity_factors":["58 numbered sections (plus 2 schedules) and multiple parts/divisions creating layered governance rules","10 defined terms in Schedule 1 (e.g. chairperson, council, criminal history, director, staff member)","Multiple cross‑references to other Acts (Financial Accountability Act 2009; Statutory Bodies Financial Arrangements Act 1982; Crime and Corruption Act 2001; Corporations Act; Public Sector Act 2022; Collections Act 1966; Public Records Act 2023; Acts Interpretation Act 1954)","Conditional appointment and tenure rules with nested limits (term limits, reappointment cap of 12 years, director max term 7 years, acting director limits) (ss 11–12, 34, 38)","Criminal‑history process requires written consent, police reports, disclosure duties, confidentiality obligations and mandatory destruction which interact with other record laws (ss 18–20)","Ministerial discretions and review powers (appointment, removal, approval of director, information requests, approval for exceeding incentive caps) create conditional oversight steps (ss 11, 14, 16, 30, 33, 42)","Commercialisation regime with numeric caps and Governor‑in‑Council override introduces financial ceiling logic to payments (s 42)","Transitional provisions map existing office holders and advisory committees from the repealed Act into the new framework, adding mapping complexity (Part 4, div 2)","Exceptions and preservation clauses (e.g. confidentiality exception to annual reporting; destruction despite Public Records Act) produce cross‑statutory tensions (ss 20, 43)","Schedule 2 makes consequential amendments to several statutes, requiring readers to consult multiple instruments to see full legal effect"],"plain_english_summary":"**What this law does (mechanically)\n\n- Continues the Queensland Institute of Medical Research (the institute) and its governing council, replacing the 1945 Act and bringing the institute under a single modern statute (s 5–7, s 48).\n- Declares the council a corporate body and subjects it to public financial and corruption‑control regimes (Financial Accountability Act 2009; Statutory Bodies Financial Arrangements Act 1982; Crime and Corruption Act 2001) (s 7–8).\n- Sets out the institute’s purpose as conducting medical research (especially on diseases important to Queensland) and applying research to improve health and wellbeing (s 5(2)).\n- Gives the council broad management and commercial powers to run the institute, raise and invest money, accept gifts, and commercially exploit facilities, research or knowledge (s 9–10).\n- Establishes a council of up to 9 Minister‑appointed members, with appointment criteria, terms (max 4 years per term; max 12 years total), removal and disqualification rules, and criminal‑history checking and disclosure duties (s 11–20).\n- Requires the council to appoint a director to run day‑to‑day operations (director appointed by council; Minister approval required) and sets the director’s duties, term limit (max 7 years), conditions and disclosure obligations (s 33–38).\n- Allows the council to employ staff and engage researchers under this Act (staff and researchers are employed/engaged under this Act, not the Public Sector Act 2022) (s 39–40).\n- Provides that intellectual property (IP) created by staff or researchers in the course of their duties vests in the council, unless another law or arrangement says otherwise (s 41).\n- Enables the council to pay commercialisation incentive payments to IP creators from net commercialisation revenue, with numeric caps ($10m total per IP per year; $5m per person per IP per year) and a Governor‑in‑Council override to exceed caps (s 42).\n- Imposes reporting obligations (annual report requirements, notice to Minister of matters affecting financial viability or management, and Minister powers to request information) (s 29–30, s 43).\n- Requires confidentiality and limited use of criminal‑history information, and mandates destruction of such information when no longer needed despite the Public Records Act 2023 (s 18–20).\n- Authorises delegation, accepts gifts with certain donor directions binding, and allows regulations; contains transitional provisions carrying over existing appointments and advisory committees from the repealed Act (s 45–47, div 1 & 2 of Part 4; scheds 1–2).\n\n\nWho this affects\n\n- Institute staff, researchers and council members: their appointment regimes, duties, and employment status (s 11, 33, 39–40, sched 1).\n- Inventors and research teams who create IP while employed or engaged by the institute: the council will own that IP in most cases (s 41) and may pay significant incentive sums if commercialisation yields net revenue (s 42).\n- The Minister: retains appointment, removal and oversight powers over the council and approval role for some director matters and high incentive payments (s 11, 14, 16, 30, 33(2)(d), 36(1)(b), 42(3)).\n- Donors to the institute: gifts, devises and bequests are accepted by the council and generally discharged (s 46), though donor directions about use/record keeping must be followed (s 46(3)).\n- The public and oversight bodies: the council is a statutory body for financial and corruption oversight and must report publicly without disclosing confidential commercial or personal information (s 8, 43).\n\n\nWhy it matters (official purpose claims, then practical trade‑offs)\n\nOfficial purpose: the Act modernises governance of the institute and continues its role in medical research and applying that research for Queenslanders’ health (s 5).\n\nPractical implications and trade‑offs (mechanics and incentives):\n\n- Shift toward explicit commercialisation: the Act expressly authorises commercial exploitation of research and vests IP in the council (s 9(e), s 41). That creates an institutional incentive to seek commercial opportunities and revenue. The council decides exploitation and keeps net commercial receipts, subject to the reporting rules (s 9, s 43).\n  - Who pays / benefits: commercialisation revenue funds the council; inventors may receive large incentive payments from those revenues (s 42). The caps ($10m per IP per year; $5m per person per IP per year) bound payouts but allow Governor‑in‑Council override (s 42(2)–(3)). Concentrated, high payments to individuals are possible within those caps and could materially alter researcher incentives toward marketable outputs.\n  - Opportunity costs: pushing for commercial returns may change research priorities (toward patentable, fundable projects) and shift resources from basic or public‑good research that is less commercially exploitable.\n\n- Employment and governance independence: staff and researchers are employed under this Act (not under the Public Sector Act 2022) (s 12(3), s 33(3), s 39(2)). That separates their employment terms from broader public‑service conditions and gives the council discretion over remuneration and terms (s 36, s 39). This gives operational flexibility but reduces uniform public‑sector employment protections and may alter labour costs.\n\n- Ministerial control and oversight: the Minister appoints and (in specified circumstances) removes council members, approves certain conditions and may require information or inspect council records after consultation (s 11, 14, 16, 30). The Minister can also approve high incentive payments (s 42(3)). This mixes independent statutory governance with a degree of political or ministerial oversight.\n  - Implementation risk: the balance of Ministerial discretion versus council independence can produce uncertainty for long‑term strategies if oversight is exercised unpredictably.\n\n- Criminal‑history checks and confidentiality: the Act permits police criminal‑history reports with consent for suitability decisions for council membership (s 18), requires disclosure of new charges/convictions (s 19, s 37 for the director), and limits use/disclosure of that material with a destruction obligation even where public‑record retention might otherwise apply (s 20). This protects privacy but creates a compliance process and a tension with archival/public‑records norms (s 20(5)).\n\n- Financial and reporting obligations: the council is subject to public financial accountability and must report on functions and efficiency while excluding confidential commercial or personal material from public reports (s 8, s 43). That requires internal accounting systems that separate confidential commercial‑sensitive data from public disclosures.\n\n- Transitional legal mapping: the Act carries over current appointments and advisory committees from the 1945 Act (Part 4, div 2). Operationally the institute continues without abrupt personnel disruption, but those people move into the new statutory employment and governance regime (s 50–54).\n\nConcrete points of friction or risk (mechanical, not normative):\n- Large capped incentive payments may create concentrated private benefits paid from publicly affiliated revenue (s 42).\n- Council ownership of IP centralises control over licensing and revenue distribution, requiring clear policies and accounting for net commercialisation revenue (s 41–42).\n- Staff being outside the Public Sector Act may complicate secondments, benefits portability and industrial relations where common public‑service frameworks previously applied (s 39, sched 2 amendments to Fair Work and other Acts).\n- Confidentiality and mandatory destruction of criminal‑history materials may conflict with record‑keeping expectations and requires procedures to avoid accidental disclosure or premature destruction (s 20).\n\n\nKey sections for quick reference: s 5 (purpose), s 7–10 (legal status, functions, powers), s 11–20 (council membership and criminal‑history checks), s 33–38 (director), s 39–42 (staff, researcher engagement, IP and commercialisation payments), s 29–30 and s 43 (reporting/Minister oversight), Part 4 & Sched 2 (repeal of 1945 Act and transitional and consequential amendments)."}},"importantCases":[],"_links":{"self":"/api/acts/queensland-institute-of-medical-research-bill-2025","history":"/api/acts/queensland-institute-of-medical-research-bill-2025/history","analysis":"/api/acts/queensland-institute-of-medical-research-bill-2025/analysis","conflicts":"/api/acts/queensland-institute-of-medical-research-bill-2025/conflicts","importantCases":"/api/acts/queensland-institute-of-medical-research-bill-2025/important-cases","documents":"/api/acts/queensland-institute-of-medical-research-bill-2025/documents"}}