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40AG Other committees
(1) The board may establish other committees of the
board.
(2) A committee may perform the functions or
exercise the powers delegated to it by the board
under section 40.
(3) In performing the functions or exercising the
powers mentioned in subsection (2), a committee
is subject to the directions of the board.
(4) A person may be appointed to a committee
whether or not the person is a member of the
board.
(5) In appointing a person to a committee, the board
must have regard to the person’s ability to take
part in the performance of the functions and the
exercise of the powers delegated to the
committee.
Division 5C Criminal history
40AH Definition for division
In this division—
criminal history, of a person, means the person’s
criminal history within the meaning of the
Criminal Law (Rehabilitation of Offenders) Act
1986, other than a spent conviction.
40AI Criminal history reports
(1) This section applies if the Minister is deciding
whether a person is disqualified from becoming or
continuing as a member.
(2) The Minister may ask the police commissioner
for—
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(a) a written report about the criminal history of
the person; and
(b) a brief description of the circumstances of a
conviction mentioned in the criminal
history.
(3) However, the Minister may make the request only
if the person has given the Minister written
consent for the request.
(4) The police commissioner must comply with the
request.
(5) However, the duty to comply under subsection (4)
applies only to information in the possession of
the police commissioner or to which the police
commissioner has access.
40AJ Requirement to disclose changes in criminal
history
(1) This section applies if a person who is a member
is charged with or convicted of an indictable
offence during the term of the person’s
appointment.
(2) The person must, immediately after the person is
charged or convicted, give the Minister notice
under subsection (3) of the charge or conviction,
unless the person has a reasonable excuse.
Maximum penalty—100 penalty units.
(3) The notice must state—
(a) the existence of the charge or conviction;
and
(b) for a charge—
(i) details adequate to identify the alleged
offence; and
(ii) when the offence was alleged to have
been committed; and
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(c) for a conviction—
(i) details adequate to identify the offence;
and
(ii) when the offence was committed; and
(iii) the sentence imposed on the person.
40AK Confidentiality of criminal history
information
(1) This section applies to a person who—
(a) is, or has been—
(i) the Minister or a member of the
Minister’s staff; or
(ii) a public service employee performing
functions under, or relating to the
administration of, this division; and
(b) in that capacity, has acquired or has access
to criminal history information.
(2) The person must not disclose the criminal history
information to anyone else, or use the
information, other than under this section.
Maximum penalty—100 penalty units.
(3) The person may disclose or use the criminal
history information—
(a) to the extent the disclosure or use—
(i) is necessary to perform the person’s
functions under, or relating to the
administration of, this Act; or
(ii) is otherwise required or permitted
under this Act or another law; or
(b) with the consent of the person to whom the
information relates.
(4) A person who possesses a report given under
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section 40AI or a notice given under section 40AJ
must ensure the report or notice is destroyed as
soon as practicable after it is no longer needed for
the purpose for which it was given.
(5) Subsection (4) applies despite the Public Records
Act 2023.
(6) In this section—
criminal history information means information
contained in—
(a) a report given under section 40AI; or
(b) a notice given under section 40AJ.
disclose includes give access to.
95 Amendment of s 40A (Board may enter into work
performance arrangements)
Section 40A(3)(b), after ‘person to’—
insert—
perform functions or
96 Amendment of s 43 (Draft strategic and operational
plans)
Section 43(4)(c)—
omit.
97 Amendment of s 45 (Strategic and operational plans on
agreement)
Section 45(2)—
omit.
98 Omission of ss 48–50
Sections 48 to 50—
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Clause 18
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omit.
99 Insertion of new s 50
Before section 51—
insert—
50 Minister may give statement of expectations
(1) The Minister may give the board a written
statement (a statement of expectations) about the
Minister’s expectations in relation to the
performance by the board of its functions.
(2) A statement of expectations may—
(a) apply for a particular period stated in the
statement; and
(b) provide for any of the following matters—
(i) the board’s strategic or operational
activities;
(ii) the nature and scope of the board’s
activities proposed to be carried out for
a particular period;
(iii) information required to be given to the
Minister by the board;
(iv) the way the board must report to the
Minister about its activities;
(v) the sharing of information with a
government entity.
(3) The board must have regard to a statement of
expectations in performing its functions.
100 Amendment of s 53 (Annual report)
Section 53—
insert—
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Clause 2
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(e) details of each statement of expectations
given by the Minister during the relevant
financial year and any actions taken by the
board.
101 Amendment of s 74 (Delegation by Minister)
(1) Section 74(1), ‘powers’—
omit, insert—
functions
(2) Section 74(1), ‘officer of’—
omit, insert—
public service officer employed in
(3) Section 74(2)(a), ‘section 20(1)(l)’—
omit, insert—
section 20(1)(m)
(4) Section 74(2)—
insert—
(ca) the power to give the board a statement of
expectations;
(5) Section 74(2)(ca) and (d)—
renumber as section 74(2)(d) and (e).
(6) Section 74—
insert—
(3) In this section—
function includes power.
102 Replacement of s 75 (Protection from liability of
members)
Section 75—
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omit, insert—
75 Confidentiality
(1) This section applies to a person who—
(a) is, or has been—
(i) the Minister or a member of the
Minister’s staff; or
(ii) a public service employee performing
functions under, or relating to the
administration of, this Act; and
(b) in that capacity, has acquired or has access
to confidential information about another
person.
(2) The person must not disclose the confidential
information to anyone else, or use the
information, other than under this section.
Maximum penalty—100 penalty units.
(3) The person may disclose or use the confidential
information—
(a) to the extent the disclosure or use—
(i) is necessary to perform the person’s
functions under, or relating to the
administration of, this Act; or
(ii) is otherwise required or permitted
under this Act or another law; or
(b) with the consent of the person to whom the
information relates; or
(c) in compliance with a lawful process
requiring production of documents to, or
giving evidence before, a court or tribunal.
(4) In this section—
confidential information—
(a) means the following information—
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(i) personal information;
(ii) information given in a notice under
section 12A(3);
(iii) information that would be likely to
damage the commercial activities of a
person to whom the information
relates; but
(b) does not include criminal history
information under section 40AK or
information that is lawfully available to the
public.
disclose includes give access to.
information includes a document.
personal information see the Information
Privacy Act 2009, section 12.
103 Amendment of s 76 (Illegal borrowing)
Section 76—
insert—
(8) The Public Sector Act 2022, sections 269 and 270
do not prevent civil liability imposed on a
member under this section from attaching to the
member.
104 Insertion of new pt 10, div 4
Part 10—
insert—
Division 4 Transitional provisions for
Education and Other
Legislation Amendment
Act 2026
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99 Application of new s 12A and new pt 2, div 5C
(1) New section 12A and new part 2, division 5C
apply in relation to a member holding office after
the commencement, whether the member was
appointed before or after the commencement.
(2) In this section—
new, in relation to a provision of this Act, means
the provision as in force from the commencement.
100 Gift etc. to foundation taken to be gifts etc. to
board
(1) A gift, donation, bequest or legacy to, or for the
benefit of, the foundation—
(a) is taken to be a gift, donation, bequest or
legacy to, or for the benefit of, the board;
and
(b) may be dealt with by the board as if the gift,
donation, bequest or legacy had been to, or
for the benefit of, the board.
(2) Subsection (1) applies whether the gift, donation,
bequest or legacy is made or has effect before or
after the commencement of this section.
(3) In this section—
foundation means Queensland Library
Foundation ACN 087 675 054.
105 Insertion of new sch 1
After part 10—
insert—
Schedule 1 Dictionary
section 2
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Part 11 Amendment of Public Sector Regulation 2023
Part 11 Amendment of Public Sector
Regulation 2023
106 Regulation amended
This part amends the Public Sector Regulation 2023.
107 Amendment of sch 1 (Prescribed persons)
(1) Schedule 1—
insert—
13A a member of the foundation committee
established under the Libraries Act 1988,
section 40AA
13B a person appointed to a committee of the
Library Board of Queensland under the
Libraries Act 1988, section 40AG
18A a person appointed to a committee of the
Queensland Art Gallery Board of Trustees
under the Queensland Art Gallery Act 1987,
section 40I
23A a person appointed to a committee of the
Queensland Performing Arts Trust under the
Queensland Performing Arts Trust Act 1977,
section 38A
(2) Schedule 1, item 22, ‘section 24’—
omit, insert—
section 41
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Part 12 Amendment of Queensland Art Gallery Act 1987
Part 12 Amendment of Queensland Art
Gallery Act 1987
108 Act amended
This part amends the Queensland Art Gallery Act 1987.
Note—
See also the amendments in schedule 1.
109 Amendment of s 2 (Definitions)
(1) Section 2, ‘In this Act—’—
omit, insert—
The dictionary in schedule 1 defines particular
words used in this Act.
(2) Section 2, definitions appropriately qualified, board,
chairperson, commencement, current appointment, current
conditions, deputy chairperson, director, pre-amended Act
and present director—
omit.
(3) Section 2—
insert—
board means the Queensland Art Gallery Board
of Trustees continued in existence under section
3.
chairperson means the chairperson of the board
holding office under section 9.
conviction means a finding of guilt or the
acceptance of a plea of guilty by a court, whether
or not a conviction is recorded.
criminal history, of a person, for part 2, division
9, see section 40J.
deputy chairperson means the deputy
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chairperson of the board holding office under
section 9.
director means the director of the art gallery
holding office under section 12.
notice means written notice.
statement of expectations see section 50(1).
(4) Section 2, all definitions, as amended by this Act—
relocate to schedule 1 as inserted by this Act.
110 Omission of s 8 (Eligibility for appointment)
Section 8—
omit.
111 Amendment of s 9 (Chairperson and deputy chairperson
of board)
Section 9—
insert—
(7) The deputy chairperson must act as chairperson—
(a) during a vacancy in the office of
chairperson; and
(b) during all periods when the chairperson is
absent from duty or is otherwise unable to
perform the functions of the office.
112 Amendment of s 10 (Duration of appointment)
(1) Section 10(2)(b)—
omit, insert—
(b) the member is disqualified from continuing
as a member under section 11A; or
(2) Section 10—
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insert—
(4) The Minister may extend a person’s term of
appointment as a member, including any term of
appointment as chairperson, until the earlier of the
following—
(a) the end of the day that is 3 months after the
day the term would have expired under the
person’s instrument of appointment;
(b) the start of the term of appointment of the
person’s successor.
(5) Subsection (4) does not limit the Governor in
Council’s power under subsection (3) or the Acts
Interpretation Act 1954, section 25(1)(b)(i) or (c).
113 Insertion of new ss 11A and 11B
After section 11—
insert—
11A Disqualification from membership
(1) A person is disqualified from becoming or
continuing as a member if the person—
(a) has a conviction, other than a spent
conviction, for an indictable offence; or
Note—
For the requirement to give notice of a change in a
person’s criminal history, see section 40L.
(b) is an insolvent under administration; or
(c) is disqualified from managing corporations
because of the Corporations Act, part 2D.6.
(2) Also, a person is disqualified from becoming or
continuing as a member if the Minister asks for
the person’s consent to make a request under
section 40K in relation to the person and the
person does not consent.
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(3) If an event mentioned in subsection (1)(b) or (c)
happens during the term of a person’s
appointment as a member, the person must
immediately give the Minister notice of the
person’s insolvency or disqualification, unless the
person has a reasonable excuse.
Maximum penalty—100 penalty units.
11B Leave of absence for members
(1) The board may approve a leave of absence for a
member for a period of not more than 3 months.
(2) The board must give the Minister notice of the
leave of absence.
114 Replacement of ss 12 and 12A
Sections 12 and 12A—
omit, insert—
12 Director
(1) There is to be a director of the art gallery.
(2) The director is appointed by the Governor in
Council on the recommendation of the Minister.
(3) The Minister must not recommend a person for
appointment as the director unless the
recommendation has been approved by the board.
12A Duration of appointment
(1) The director holds office for the term, of not more
than 5 years, stated in the director’s instrument of
appointment.
(2) A person may be reappointed as the director.
(3) The Minister may extend a person’s term of
appointment as the director until the earlier of the
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