An Act to establish Cancer Australia, and for related purposes
Part 1—Preliminary
1 Short title
This Act may be cited as the Cancer Australia Act 2006.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Definitions
In this Act:
Advisory Council means the Cancer Australia Advisory Council established by section 24.
Advisory Council member means a member of the Advisory Council (including the Chair).
Chair means the Chair of the Advisory Council.
Chief Executive Officer means the Chief Executive Officer of Cancer Australia.
4 This Act binds the Crown
(1) This Act binds the Crown in each of its capacities.
(2) This Act does not make the Crown liable to be prosecuted for an offence.
5 Application to the external Territories
This Act extends to every external Territory.
Part 2—Cancer Australia
6 Establishment
(1) Cancer Australia is established by this section.
(2) Cancer Australia consists of the Chief Executive Officer and the staff referred to in section 8.
Note: Cancer Australia does not have a legal identity separate from the Commonwealth.
7 Functions of Cancer Australia
(1) Cancer Australia has the following functions:
(a) to provide national leadership in cancer control;
(b) to guide scientific improvements to cancer prevention, treatment and care;
(c) to coordinate and liaise between the wide range of groups and health care providers with an interest in cancer;
(d) to make recommendations to the Commonwealth Government about cancer policy and priorities;
(e) to oversee a dedicated budget for research into cancer;
(f) to assist with the implementation of Commonwealth Government policies and programs in cancer control;
(g) to provide financial assistance, out of money appropriated by the Parliament, for research mentioned in paragraph (e) and for the implementation of policies and programs mentioned in paragraph (f);
(h) any functions that the Minister, by writing, directs Cancer Australia to perform.
(2) A direction made under paragraph (1)(h) is not a legislative instrument.
8 Staff
(1) The staff of Cancer Australia must be persons engaged under the Public Service Act 1999.
(2) For the purposes of the Public Service Act 1999:
(a) the Chief Executive Officer and the staff of Cancer Australia together constitute a Statutory Agency; and
(b) the Chief Executive Officer is the Head of that Statutory Agency.
9 Consultants
(1) The Chief Executive Officer may engage persons having suitable qualifications and experience as consultants to Cancer Australia.
(2) The consultants are to be engaged on the terms and conditions that the Chief Executive Officer determines in writing.
Part 3—The Chief Executive Officer
Division 1—Role of Chief Executive Officer
10 Chief Executive Officer
There is to be a Chief Executive Officer of Cancer Australia.
11 Responsibility of Chief Executive Officer
The Chief Executive Officer has the responsibility of managing Cancer Australia.
12 Minister may give directions to Chief Executive Officer
(1) Subject to subsection (2), the Minister may, by legislative instrument, give directions to the Chief Executive Officer as to the performance of Cancer Australia’s functions.
(2) Directions given by the Minister under subsection (1) must be of a general nature only.
(3) The Chief Executive Officer must comply with any direction given by the Minister under subsection (1).
13 Delegation
(1) The Chief Executive Officer may, in writing, delegate all or any of his or her functions or powers under this Act to an SES employee, or an acting SES employee, of Cancer Australia. The delegation must be in writing.
Note: For other powers of delegation, see section 110 of the Public Governance, Performance and Accountability Act 2013.
(2) In performing a delegated function or exercising a delegated power, a delegate must comply with any written directions of the Chief Executive Officer.
Division 2—Appointment etc. of Chief Executive Officer
14 Appointment of Chief Executive Officer
(1) The Chief Executive Officer is to be appointed by the Minister by written instrument.
(2) The Chief Executive Officer is to be appointed on a full‑time or part‑time basis.
15 Term of appointment
The Chief Executive Officer holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.
16 Acting appointments
The Minister may appoint a person to act as the Chief Executive Officer:
(a) during a vacancy in the office of Chief Executive Officer, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Chief Executive Officer is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
17 Chief Executive Officer’s remuneration
(1) The Chief Executive Officer is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Chief Executive Officer is to be paid the remuneration that is prescribed.
(2) The Chief Executive Officer is to be paid the allowances that are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
18 Outside employment
The Chief Executive Officer must not engage in paid employment outside the duties of the Chief Executive Officer’s office without the Minister’s approval.
19 Leave of absence
(1) The Chief Executive Officer has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The Minister may grant the Chief Executive Officer leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
21 Other terms and conditions
The Chief Executive Officer holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
22 Resignation
The Chief Executive Officer may resign his or her appointment by giving the Minister a written resignation.
23 Termination of appointment
(1) The Minister may terminate the appointment of the Chief Executive Officer for misbehaviour or physical or mental incapacity.
(2) The Minister may terminate the appointment of the Chief Executive Officer if:
(a) the Chief Executive Officer:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(b) the Chief Executive Officer is absent, except on leave of absence, without reasonable excuse; or
(c) the Chief Executive Officer fails, without reasonable excuse, to comply with section 18 (outside employment); or
(d) the Chief Executive Officer fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.
Part 4—The Advisory Council
Division 1—Role of Advisory Council
24 Establishment
The Cancer Australia Advisory Council is established by this section.
25 Membership
The Advisory Council consists of:
(a) a Chair; and
(b) up to 12 other members.
26 Function of Advisory Council
The Advisory Council’s function is to give advice to the Chief Executive Officer about the performance of Cancer Australia’s functions.
Division 2—Appointment etc. of members of Advisory Council
27 Appointment of members
(1) Advisory Council members (including the Chair) are to be appointed by the Minister by written instrument.
(2) An Advisory Council member is to be appointed on a part‑time basis.
28 Term of appointment
An Advisory Council member holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.
29 Acting appointments
(1) The Minister may appoint an Advisory Council member to act as the Chair:
(a) during a vacancy in the office of Chair, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Chair is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
(2) The Minister may appoint a person to act as an Advisory Council member:
(a) during a vacancy in the office of an Advisory Council member, whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when an Advisory Council member is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
30 Members’ remuneration
(1) An Advisory Council member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed.
(2) However, an Advisory Council member is not entitled to be paid this remuneration if he or she holds an office or appointment, or is otherwise employed, on a full‑time basis in the service or employment of:
(a) a State; or
(b) a corporation (a public statutory corporation) established for a public purpose by a State law, other than a tertiary education institution; or
(c) a company limited by guarantee where the interests and rights of the members in or in relation to the company are beneficially owned by a State; or
(d) a company in which all the stock or shares are beneficially owned by a State or by a public statutory corporation.
Note: A similar rule applies to an Advisory Council member who has a similar relationship with the Commonwealth or a Territory. See subsection 7(11) of the Remuneration Tribunal Act 1973.
(3) An Advisory Council member is to be paid the allowances that are prescribed.
(4) This section has effect subject to the Remuneration Tribunal Act 1973.
31 Leave of absence
(1) The Minister may grant leave of absence to the Chair on the terms and conditions that the Minister determines.
(2) The Chair may grant leave of absence to any other Advisory Council member on the terms and conditions that the Chair determines.
32 Disclosure of interests
(1) Each Advisory Council member must give written notice to the Minister of all direct or indirect pecuniary interests that he or she has or acquires in any business relating to Cancer Australia or in any body corporate carrying on any such business.
(2) Subsection (1) applies in addition to section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).
33 Other terms and conditions
The Advisory Council members hold office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
34 Resignation
An Advisory Council member may resign his or her appointment by giving the Minister a written resignation.
35 Termination of appointment
(1) The Minister may terminate the appointment of an Advisory Council member for misbehaviour or physical or mental incapacity.
(2) The Minister may terminate the appointment of an Advisory Council member if:
(a) the Advisory Council member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of his or her creditors; or
(b) the Advisory Council member is absent, except on leave of absence, from 3 consecutive meetings of the Advisory Council; or
(c) the Advisory Council member fails, without reasonable excuse, to comply with:
(i) section 32 (which deals with disclosure of pecuniary interests to the Minister); or
(ii) section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.
36 Advisory Council procedures
(1) The Chief Executive Officer may determine in writing matters relating to the operation of the Advisory Council.
(2) If no determination is in force for the purposes of subsection (1), the Advisory Council may operate in the way it determines.
(3) A determination made under subsection (1) is not a legislative instrument.
Part 4A—Application of the finance law
36A Application of the finance law
For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
(a) the following combination of bodies is a listed entity:
(i) Cancer Australia;
(ii) the Advisory Council; and
(b) the listed entity is to be known as Cancer Australia; and
(c) the Chief Executive Officer is the accountable authority of the listed entity; and
(d) the following persons are officials of the listed entity:
(i) the Chief Executive Officer;
(ii) the staff of Cancer Australia referred to in section 8;
(iii) the Advisory Council members;
(iv) consultants engaged under section 9; and
(e) the purposes of the listed entity include:
(i) the functions of Cancer Australia referred to in section 7; and
(ii) the responsibility of the Chief Executive Officer referred to in section 11; and
(iii) the function of the Advisory Council referred to in section 26.
Part 5—Reporting
37 Annual report
The annual report prepared by the Chief Executive Officer and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include a report on the Advisory Council’s operations during the period.
Part 6—Miscellaneous
38 Regulations
The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.