Creates Health and Wellbeing Queensland as a statutory corporate body to improve Queenslanders’ health (secs 3, 6–12). It can commission and fund programs, form partnerships, evaluate activities, develop policy advice and exercise the powers of an individual (secs 11–12).
Governance and control are split: a Governor‑in‑Council appointed board governs (secs 15–19), the Minister may give written directions the body must follow (sec 13), and a Governor‑in‑Council‑appointed CEO runs day‑to‑day operations (secs 32–33). The Act sets rules on conflicts, criminal‑history checks, confidentiality, delegations and limited civil‑liability protections (secs 31, 39, 44–49).
Mechanically, the Health and Wellbeing Queensland Act 2019 establishes a statutory body called Health and Wellbeing Queensland (HWQ) with a single stated objective: to improve the health and wellbeing of the Queensland population (s 3; s 10). The Act creates HWQ as a body corporate that may sue and be sued in its corporate name and that represents the State, with the status, privileges and immunities of the State (ss 6-9). The Act designates HWQ a unit of public administration for the purposes of the Crime and Corruption Act 2001 and a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982, with the latter’s part 2B relevant to HWQ’s financial powers (s 9).
The Act sets out functions and a core power model. The functions are broad: facilitating and commissioning preventive health activities, developing partnerships, giving grants, monitoring and evaluation, developing policy and advising the Minister and other government entities, and coordinating information exchange (s 11). HWQ has the powers of an individual and any other powers conferred by this or another Act (s 12). The Governor in Council may make regulations under the Act (s 51).
Governance is established through a board as the governing body (s 15). The board must ensure proper, efficient and effective performance of HWQ’s functions, decide objectives, strategies and policies, and ensure legal compliance (s 16). The board has a power to give written directions to the chief executive officer (CEO) about the officer’s responsibilities, but not about employment matters concerning a particular person (s 17). The Minister may give written ministerial directions about HWQ’s functions or powers and HWQ must comply, except the Minister may not give a ministerial direction about an employment matter relating to a particular person (s 13). The Minister may also direct HWQ to prepare a special report (s 14), but may not direct the content of that report (s 14(2)).
Current sections
Direct links to the current provisions in Health and Wellbeing Queensland Act 2019.
71
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Health and Wellbeing Queensland Act 2019 .
sec.2
Commencement
sec.2 Commencement
This Act, other than part 7 , division 4 , commences on a day to be fixed by proclamation.
sec.3
Main purpose of Act
sec.3 Main purpose of Act
The main purpose of this Act is to establish Health and Wellbeing Queensland to improve the health and wellbeing of the Queensland population.
sec.4
Act binds all persons
sec.4 Act binds all persons
This Act binds all persons, including the State.
However, the State can not be prosecuted for an offence against this Act.
(sec.4-ssec.1) This Act binds all persons, including the State.
(sec.4-ssec.2) However, the State can not be prosecuted for an offence against this Act.
sec.5
Definitions
sec.5 Definitions
The dictionary in schedule 1 defines particular words used in this Act.
pt.2
Health and Wellbeing Queensland
Health and Wellbeing Queensland
pt.2-div.1
Establishment
Establishment
sec.6
Establishment
sec.6 Establishment
Health and Wellbeing Queensland is established.
sec.7
Legal status
sec.7 Legal status
Health and Wellbeing Queensland—
is a body corporate; and
may sue and be sued in its corporate name.
(a) is a body corporate; and
(b) may sue and be sued in its corporate name.
sec.8
Health and Wellbeing Queensland represents the State
sec.8 Health and Wellbeing Queensland represents the State
Health and Wellbeing Queensland represents the State.
Without limiting subsection (1) , Health and Wellbeing Queensland has the status, privileges and immunities of the State.
(sec.8-ssec.1) Health and Wellbeing Queensland represents the State.
(sec.8-ssec.2) Without limiting subsection (1) , Health and Wellbeing Queensland has the status, privileges and immunities of the State.
sec.9
Application of other Acts
sec.9 Application of other Acts
Health and Wellbeing Queensland is—
a unit of public administration under the Crime and Corruption Act 2001 ; and
a statutory body under—
the Financial Accountability Act 2009 ; and
the Statutory Bodies Financial Arrangements Act 1982 .
The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects Health and Wellbeing Queensland’s powers.
(sec.9-ssec.1) Health and Wellbeing Queensland is— a unit of public administration under the Crime and Corruption Act 2001 ; and a statutory body under— the Financial Accountability Act 2009 ; and the Statutory Bodies Financial Arrangements Act 1982 .
(sec.9-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects Health and Wellbeing Queensland’s powers.
(a) a unit of public administration under the Crime and Corruption Act 2001 ; and
(b) a statutory body under— (i) the Financial Accountability Act 2009 ; and (ii) the Statutory Bodies Financial Arrangements Act 1982 .
(i) the Financial Accountability Act 2009 ; and
(ii) the Statutory Bodies Financial Arrangements Act 1982 .
(i) the Financial Accountability Act 2009 ; and
(ii) the Statutory Bodies Financial Arrangements Act 1982 .
pt.2-div.2
Objective, functions and powers
Objective, functions and powers
sec.10
Objective
sec.10 Objective
The objective of Health and Wellbeing Queensland is to improve the health and wellbeing of the Queensland population, including, for example, by—
reducing the burden of chronic diseases through targeting risk factors for those diseases; and
poor nutrition, low physical activity, obesity
reducing health inequity.
higher rates of chronic disease in population groups with low socio-economic status than in population groups with high socio-economic status
(a) reducing the burden of chronic diseases through targeting risk factors for those diseases; and Examples of risk factors for chronic diseases— poor nutrition, low physical activity, obesity
(b) reducing health inequity. Example of health inequity— higher rates of chronic disease in population groups with low socio-economic status than in population groups with high socio-economic status
sec.11
Functions
sec.11 Functions
The main functions of Health and Wellbeing Queensland are as follows—
to facilitate and commission activities to prevent illness and promote health and wellbeing;
to develop partnerships and collaborate with other entities to further its objective or carry out its functions under this Act;
to give grants for activities to further its objective or carry out its functions under this Act;
to monitor and evaluate activities to prevent illness and promote health and wellbeing;
to develop policy, and advise the Minister and government entities, about preventing illness and promoting health and wellbeing;
to coordinate the exchange of information about activities to prevent illness and promote health and wellbeing.
Health and Wellbeing Queensland’s functions also include any other function given to it under this Act or another Act.
In this section—
activity includes a project, program, service and research.
(sec.11-ssec.1) The main functions of Health and Wellbeing Queensland are as follows— to facilitate and commission activities to prevent illness and promote health and wellbeing; to develop partnerships and collaborate with other entities to further its objective or carry out its functions under this Act; to give grants for activities to further its objective or carry out its functions under this Act; to monitor and evaluate activities to prevent illness and promote health and wellbeing; to develop policy, and advise the Minister and government entities, about preventing illness and promoting health and wellbeing; to coordinate the exchange of information about activities to prevent illness and promote health and wellbeing.
(sec.11-ssec.2) Health and Wellbeing Queensland’s functions also include any other function given to it under this Act or another Act.
(sec.11-ssec.3) In this section— activity includes a project, program, service and research.
(a) to facilitate and commission activities to prevent illness and promote health and wellbeing;
(b) to develop partnerships and collaborate with other entities to further its objective or carry out its functions under this Act;
(c) to give grants for activities to further its objective or carry out its functions under this Act;
(d) to monitor and evaluate activities to prevent illness and promote health and wellbeing;
(e) to develop policy, and advise the Minister and government entities, about preventing illness and promoting health and wellbeing;
(f) to coordinate the exchange of information about activities to prevent illness and promote health and wellbeing.
sec.12
Powers
sec.12 Powers
Health and Wellbeing Queensland has the powers of an individual.
Health and Wellbeing Queensland also has the powers given to it under this Act or another Act.
(sec.12-ssec.1) Health and Wellbeing Queensland has the powers of an individual.
(sec.12-ssec.2) Health and Wellbeing Queensland also has the powers given to it under this Act or another Act.
sec.13
Ministerial directions generally
sec.13 Ministerial directions generally
The Minister may give Health and Wellbeing Queensland a written direction (a ministerial direction ) about the performance of its functions or the exercise of its powers.
However, the Minister may not give a ministerial direction about an employment matter relating to a particular person.
Health and Wellbeing Queensland must comply with a ministerial direction.
(sec.13-ssec.1) The Minister may give Health and Wellbeing Queensland a written direction (a ministerial direction ) about the performance of its functions or the exercise of its powers.
(sec.13-ssec.2) However, the Minister may not give a ministerial direction about an employment matter relating to a particular person.
(sec.13-ssec.3) Health and Wellbeing Queensland must comply with a ministerial direction.
sec.14
Ministerial directions to prepare special report
sec.14 Ministerial directions to prepare special report
Without limiting section 13 (1) , the Minister may give Health and Wellbeing Queensland a ministerial direction to—
prepare a report (a special report ) about a matter the Minister considers relevant to Health and Wellbeing Queensland’s functions or powers; and
give the special report to the Minister.
However, the Minister may not give a ministerial direction about the content of a special report.
A special report may contain recommendations.
The Minister may publish a special report in a way the Minister considers appropriate.
(sec.14-ssec.1) Without limiting section 13 (1) , the Minister may give Health and Wellbeing Queensland a ministerial direction to— prepare a report (a special report ) about a matter the Minister considers relevant to Health and Wellbeing Queensland’s functions or powers; and give the special report to the Minister.
(sec.14-ssec.2) However, the Minister may not give a ministerial direction about the content of a special report.
(sec.14-ssec.3) A special report may contain recommendations.
(sec.14-ssec.4) The Minister may publish a special report in a way the Minister considers appropriate.
(a) prepare a report (a special report ) about a matter the Minister considers relevant to Health and Wellbeing Queensland’s functions or powers; and
(b) give the special report to the Minister.
pt.3
Board
Board
pt.3-div.1
Establishment, functions and powers
Establishment, functions and powers
sec.15
Establishment
sec.15 Establishment
A board is established as the governing body of Health and Wellbeing Queensland.
sec.16
Functions
sec.16 Functions
The board has the following functions—
to ensure the proper, efficient and effective performance of Health and Wellbeing Queensland’s functions;
to decide the objectives, strategies and policies to be followed by Health and Wellbeing Queensland;
to ensure Health and Wellbeing Queensland complies with its obligations under this Act or another law;
any other function given to the board under this Act or another Act.
(a) to ensure the proper, efficient and effective performance of Health and Wellbeing Queensland’s functions;
(b) to decide the objectives, strategies and policies to be followed by Health and Wellbeing Queensland;
(c) to ensure Health and Wellbeing Queensland complies with its obligations under this Act or another law;
(d) any other function given to the board under this Act or another Act.
sec.17
Powers
sec.17 Powers
The board has the power to do anything necessary or convenient to be done in performing its functions.
Without limiting subsection (1) , the board may give the chief executive officer a written direction about the performance of the officer’s responsibilities.
However, the board may not give a direction about an employment matter relating to a particular person.
Anything done in the name of, or for, Health and Wellbeing Queensland by the board, or with the authority of the board, is taken to have been done by Health and Wellbeing Queensland.
(sec.17-ssec.1) The board has the power to do anything necessary or convenient to be done in performing its functions.
(sec.17-ssec.2) Without limiting subsection (1) , the board may give the chief executive officer a written direction about the performance of the officer’s responsibilities.
(sec.17-ssec.3) However, the board may not give a direction about an employment matter relating to a particular person.
(sec.17-ssec.4) Anything done in the name of, or for, Health and Wellbeing Queensland by the board, or with the authority of the board, is taken to have been done by Health and Wellbeing Queensland.
pt.3-div.2
Membership
Membership
sec.18
Board members
sec.18 Board members
The board consists of the following persons (each a board member )—
at least 1, and not more than 4, chief executives;
at least 1, and not more than 6, other persons.
A board member must be appointed by the Governor in Council.
A board member mentioned in subsection (1) (b) must have qualifications or experience in at least 1 of the following areas—
law;
business or financial management;
public health;
academia;
community service organisations;
the not-for-profit sector;
another area the Minister considers relevant or necessary to support the board in performing its functions.
Also, at least 1 board member must be an Aboriginal person or a Torres Strait Islander.
(sec.18-ssec.1) The board consists of the following persons (each a board member )— at least 1, and not more than 4, chief executives; at least 1, and not more than 6, other persons.
(sec.18-ssec.2) A board member must be appointed by the Governor in Council.
(sec.18-ssec.3) A board member mentioned in subsection (1) (b) must have qualifications or experience in at least 1 of the following areas— law; business or financial management; public health; academia; community service organisations; the not-for-profit sector; another area the Minister considers relevant or necessary to support the board in performing its functions.
(sec.18-ssec.4) Also, at least 1 board member must be an Aboriginal person or a Torres Strait Islander.
(a) at least 1, and not more than 4, chief executives;
(b) at least 1, and not more than 6, other persons.
(a) law;
(b) business or financial management;
(c) public health;
(d) academia;
(e) community service organisations;
(f) the not-for-profit sector;
(g) another area the Minister considers relevant or necessary to support the board in performing its functions.
sec.19
Chairperson and deputy chairperson
sec.19 Chairperson and deputy chairperson
The Governor in Council may appoint—
a board member to be the chairperson of the board; and
another board member to be the deputy chairperson of the board.
A board member may be appointed as the chairperson or deputy chairperson at the same time the person is appointed as a board member.
A person holds office as chairperson or deputy chairperson for the term, ending not later than the person’s term of appointment as a board member, stated in the person’s appointment as chairperson or deputy chairperson.
The deputy chairperson must act as chairperson—
during a vacancy in the office of chairperson; and
during all periods when the chairperson is absent from duty or for another reason can not perform the duties of the office.
(sec.19-ssec.1) The Governor in Council may appoint— a board member to be the chairperson of the board; and another board member to be the deputy chairperson of the board.
(sec.19-ssec.2) A board member may be appointed as the chairperson or deputy chairperson at the same time the person is appointed as a board member.
(sec.19-ssec.3) A person holds office as chairperson or deputy chairperson for the term, ending not later than the person’s term of appointment as a board member, stated in the person’s appointment as chairperson or deputy chairperson.
(sec.19-ssec.4) The deputy chairperson must act as chairperson— during a vacancy in the office of chairperson; and during all periods when the chairperson is absent from duty or for another reason can not perform the duties of the office.
(a) a board member to be the chairperson of the board; and
(b) another board member to be the deputy chairperson of the board.
(a) during a vacancy in the office of chairperson; and
(b) during all periods when the chairperson is absent from duty or for another reason can not perform the duties of the office.
sec.20
Disqualification as board member
sec.20 Disqualification as board member
A person is disqualified from becoming, or continuing as, a board member if the person—
has a conviction, other than a spent conviction, for an indictable offence; or
is an insolvent under administration; or
is disqualified from managing corporations because of the Corporations Act , part 2D.6 ; or
is the chief executive officer or another staff member of Health and Wellbeing Queensland; or
is a contractor of Health and Wellbeing Queensland; or
contravenes section 31 (3) .
(a) has a conviction, other than a spent conviction, for an indictable offence; or
(b) is an insolvent under administration; or
(c) is disqualified from managing corporations because of the Corporations Act , part 2D.6 ; or
(d) is the chief executive officer or another staff member of Health and Wellbeing Queensland; or
(e) is a contractor of Health and Wellbeing Queensland; or
(f) contravenes section 31 (3) .
sec.21
Term of appointment
sec.21 Term of appointment
A board member holds office for the term, not longer than 4 years, stated in the member’s instrument of appointment.
Subsection (1) does not prevent a board member being reappointed.
(sec.21-ssec.1) A board member holds office for the term, not longer than 4 years, stated in the member’s instrument of appointment.
(sec.21-ssec.2) Subsection (1) does not prevent a board member being reappointed.
sec.22
Conditions of appointment
sec.22 Conditions of appointment
A board member is to be paid the remuneration and allowances decided by the Governor in Council.
A board member holds office on the terms and conditions, not provided for by this Act, decided by the Governor in Council.
(sec.22-ssec.1) A board member is to be paid the remuneration and allowances decided by the Governor in Council.
(sec.22-ssec.2) A board member holds office on the terms and conditions, not provided for by this Act, decided by the Governor in Council.
sec.23
Vacancy in office
sec.23 Vacancy in office
A board member’s office becomes vacant if the member—
completes a term of office and is not reappointed; or
resigns office by signed notice given to the Minister; or
is disqualified from continuing as a board member under section 20 ; or
is removed from office under subsection (2) .
The Governor in Council may, at any time, remove a board member from office for any reason or none.
s 23 amd 2025 No. 29 s 48
(sec.23-ssec.1) A board member’s office becomes vacant if the member— completes a term of office and is not reappointed; or resigns office by signed notice given to the Minister; or is disqualified from continuing as a board member under section 20 ; or is removed from office under subsection (2) .
(sec.23-ssec.2) The Governor in Council may, at any time, remove a board member from office for any reason or none.
(a) completes a term of office and is not reappointed; or
(b) resigns office by signed notice given to the Minister; or
(c) is disqualified from continuing as a board member under section 20 ; or
(d) is removed from office under subsection (2) .
sec.24
Acting board member
sec.24 Acting board member
This section applies if the office of a board member is vacant.
The Minister may appoint a person to act in the office for a period of not longer than 6 months.
However, the Minister may extend the appointment for a further period of not longer than 6 months.
A person can not be appointed to act in the office unless the person could be appointed as a board member under section 18 .
This section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954 , section 25 (1) (b) .
s 25 amd 2025 No. 29 s 49
(sec.24-ssec.1) This section applies if the office of a board member is vacant.
(sec.24-ssec.2) The Minister may appoint a person to act in the office for a period of not longer than 6 months.
(sec.24-ssec.3) However, the Minister may extend the appointment for a further period of not longer than 6 months.
(sec.24-ssec.4) A person can not be appointed to act in the office unless the person could be appointed as a board member under section 18 .
(sec.24-ssec.5) This section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954 , section 25 (1) (b) .
pt.3-div.3
Board meetings
Board meetings
sec.25
Conduct of business
sec.25 Conduct of business
Subject to this division, the board may conduct its business, including its board meetings, in the way it considers appropriate.
sec.26
Board meetings
sec.26 Board meetings
The chairperson may convene a meeting of the board members.
The chairperson must convene a board meeting—
at least 6 times each year; and
if asked, in writing, by—
at least half of the board members for the time being; or
the Minister.
(sec.26-ssec.1) The chairperson may convene a meeting of the board members.
(sec.26-ssec.2) The chairperson must convene a board meeting— at least 6 times each year; and if asked, in writing, by— at least half of the board members for the time being; or the Minister.
(a) at least 6 times each year; and
(b) if asked, in writing, by— (i) at least half of the board members for the time being; or (ii) the Minister.
(i) at least half of the board members for the time being; or
(ii) the Minister.
(i) at least half of the board members for the time being; or
(ii) the Minister.
sec.27
Presiding at board meetings
sec.27 Presiding at board meetings
The chairperson is to preside at all board meetings at which the chairperson is present.
See section 19 (4) for the circumstances in which the deputy chairperson must act as chairperson.
If neither the chairperson nor deputy chairperson is present at a board meeting, the board member chosen by the board members present is to preside.
(sec.27-ssec.1) The chairperson is to preside at all board meetings at which the chairperson is present. See section 19 (4) for the circumstances in which the deputy chairperson must act as chairperson.
(sec.27-ssec.2) If neither the chairperson nor deputy chairperson is present at a board meeting, the board member chosen by the board members present is to preside.
sec.28
Quorum at board meetings
sec.28 Quorum at board meetings
A quorum for a board meeting is a majority of the board members for the time being.
However, if at a board meeting a board member present at the meeting is required under section 31 not to be present during deliberations, or not to take part in any decision, of the board for a particular matter, the remaining board members present at the meeting constitute a quorum for the meeting.
Despite subsections (1) and (2) , there is no quorum for a board meeting if a majority of the board members present are members mentioned in section 18 (1) (a) .
(sec.28-ssec.1) A quorum for a board meeting is a majority of the board members for the time being.
(sec.28-ssec.2) However, if at a board meeting a board member present at the meeting is required under section 31 not to be present during deliberations, or not to take part in any decision, of the board for a particular matter, the remaining board members present at the meeting constitute a quorum for the meeting.
(sec.28-ssec.3) Despite subsections (1) and (2) , there is no quorum for a board meeting if a majority of the board members present are members mentioned in section 18 (1) (a) .
sec.29
Voting at board meetings
sec.29 Voting at board meetings
A question at a board meeting is decided by a majority of the votes of the board members present at the meeting and able to vote on the question.
If the votes are equal, the board member presiding at the board meeting also has a casting vote.
(sec.29-ssec.1) A question at a board meeting is decided by a majority of the votes of the board members present at the meeting and able to vote on the question.
(sec.29-ssec.2) If the votes are equal, the board member presiding at the board meeting also has a casting vote.
sec.30
Minutes
sec.30 Minutes
The board must keep minutes of its meetings.
pt.3-div.4
Disclosure of interests
Disclosure of interests
sec.31
Disclosure of interests at board meetings
sec.31 Disclosure of interests at board meetings
This section applies to a board member if—
a matter is being considered, or is about to be considered, at a board meeting; and
the board member has a material personal interest in the matter; and
the material personal interest could conflict with the proper performance of the board member’s duties in relation to the consideration of the matter.
For subsection (1) , a board member has a material personal interest in a matter if any of the following entities stands to gain a benefit or suffer a loss (either directly or indirectly) because of the outcome of the consideration of the matter—
the board member;
the board member’s spouse;
a parent, child or sibling of the board member;
an employer, other than a government entity, of the board member;
an entity, other than a government entity, of which the board member is an office holder.
As soon as practicable after the relevant facts come to the knowledge of the board member, the board member must disclose the nature of the material personal interest to the other board members at the meeting.
The board member may further participate in the meeting only if a majority of the other board members at the meeting vote in favour of the board member’s further participation.
However, the board member may not participate in any vote on the matter at the meeting.
A disclosure under subsection (3) must be recorded in the minutes of the meeting.
A failure to make a disclosure under subsection (3) does not, of itself, invalidate a decision of the board.
(sec.31-ssec.1) This section applies to a board member if— a matter is being considered, or is about to be considered, at a board meeting; and the board member has a material personal interest in the matter; and the material personal interest could conflict with the proper performance of the board member’s duties in relation to the consideration of the matter.
(sec.31-ssec.2) For subsection (1) , a board member has a material personal interest in a matter if any of the following entities stands to gain a benefit or suffer a loss (either directly or indirectly) because of the outcome of the consideration of the matter— the board member; the board member’s spouse; a parent, child or sibling of the board member; an employer, other than a government entity, of the board member; an entity, other than a government entity, of which the board member is an office holder.
(sec.31-ssec.3) As soon as practicable after the relevant facts come to the knowledge of the board member, the board member must disclose the nature of the material personal interest to the other board members at the meeting.
(sec.31-ssec.4) The board member may further participate in the meeting only if a majority of the other board members at the meeting vote in favour of the board member’s further participation.
(sec.31-ssec.5) However, the board member may not participate in any vote on the matter at the meeting.
(sec.31-ssec.6) A disclosure under subsection (3) must be recorded in the minutes of the meeting.
(sec.31-ssec.7) A failure to make a disclosure under subsection (3) does not, of itself, invalidate a decision of the board.
(a) a matter is being considered, or is about to be considered, at a board meeting; and
(b) the board member has a material personal interest in the matter; and
(c) the material personal interest could conflict with the proper performance of the board member’s duties in relation to the consideration of the matter.
(a) the board member;
(b) the board member’s spouse;
(c) a parent, child or sibling of the board member;
(d) an employer, other than a government entity, of the board member;
(e) an entity, other than a government entity, of which the board member is an office holder.
pt.4
Staff of Health and Wellbeing Queensland
Staff of Health and Wellbeing Queensland
pt.4-div.1
Chief executive officer
Chief executive officer
sec.32
Appointment
sec.32 Appointment
Health and Wellbeing Queensland must have a chief executive officer.
The chief executive officer is appointed by the Governor in Council.
The Minister may only recommend a person for appointment as the chief executive officer with the approval of the board.
The chief executive officer—
is an employee of Health and Wellbeing Queensland; and
is appointed under this Act and not under the Public Sector Act 2022 .
s 32 amd 2022 No. 34 s 365 sch 3
(sec.32-ssec.1) Health and Wellbeing Queensland must have a chief executive officer.
(sec.32-ssec.2) The chief executive officer is appointed by the Governor in Council.
(sec.32-ssec.3) The Minister may only recommend a person for appointment as the chief executive officer with the approval of the board.
(sec.32-ssec.4) The chief executive officer— is an employee of Health and Wellbeing Queensland; and is appointed under this Act and not under the Public Sector Act 2022 .
(a) is an employee of Health and Wellbeing Queensland; and
(b) is appointed under this Act and not under the Public Sector Act 2022 .
sec.33
Chief executive officer’s responsibilities
sec.33 Chief executive officer’s responsibilities
The chief executive officer is responsible for the day-to-day administration of Health and Wellbeing Queensland, including—
employing Health and Wellbeing Queensland’s staff; and
engaging contractors of Health and Wellbeing Queensland.
In carrying out the chief executive officer’s responsibilities, the chief executive officer must comply with the written policies and directions of the board.
The chief executive officer is accountable to the board.
(sec.33-ssec.1) The chief executive officer is responsible for the day-to-day administration of Health and Wellbeing Queensland, including— employing Health and Wellbeing Queensland’s staff; and engaging contractors of Health and Wellbeing Queensland.
(sec.33-ssec.2) In carrying out the chief executive officer’s responsibilities, the chief executive officer must comply with the written policies and directions of the board.
(sec.33-ssec.3) The chief executive officer is accountable to the board.
(a) employing Health and Wellbeing Queensland’s staff; and
(b) engaging contractors of Health and Wellbeing Queensland.
sec.34
Disqualification as chief executive officer
sec.34 Disqualification as chief executive officer
A person is disqualified from becoming, or continuing as, the chief executive officer if the person—
has a conviction, other than a spent conviction, for an indictable offence; or
is an insolvent under administration; or
is disqualified from managing corporations because of the Corporations Act , part 2D.6 ; or
is a board member; or
is a contractor of Health and Wellbeing Queensland; or
contravenes section 39 .
(a) has a conviction, other than a spent conviction, for an indictable offence; or
(b) is an insolvent under administration; or
(c) is disqualified from managing corporations because of the Corporations Act , part 2D.6 ; or
(d) is a board member; or
(e) is a contractor of Health and Wellbeing Queensland; or
(f) contravenes section 39 .
sec.35
Term of appointment
sec.35 Term of appointment
The chief executive officer is appointed for the term, not longer than 4 years, stated in the officer’s instrument of appointment.
Subsection (1) does not prevent a person from being reappointed as chief executive officer.
(sec.35-ssec.1) The chief executive officer is appointed for the term, not longer than 4 years, stated in the officer’s instrument of appointment.
(sec.35-ssec.2) Subsection (1) does not prevent a person from being reappointed as chief executive officer.
sec.36
Conditions of appointment
sec.36 Conditions of appointment
The chief executive officer is to be paid the remuneration and allowances decided by the Governor in Council.
For matters not provided for under this Act or stated in the chief executive officer’s instrument of appointment, the chief executive officer holds office on the terms and conditions decided by the Governor in Council.
(sec.36-ssec.1) The chief executive officer is to be paid the remuneration and allowances decided by the Governor in Council.
(sec.36-ssec.2) For matters not provided for under this Act or stated in the chief executive officer’s instrument of appointment, the chief executive officer holds office on the terms and conditions decided by the Governor in Council.
sec.37
Vacancy in office
sec.37 Vacancy in office
The office of the chief executive officer becomes vacant if the chief executive officer—
completes a term of office and is not reappointed; or
resigns office by signed notice given to the board; or
is disqualified from continuing as the chief executive officer under section 34 ; or
is removed from office under subsection (3) .
If the chief executive officer resigns office under subsection (1) (b) , the board must immediately give notice of the resignation to the Minister.
The Governor in Council may, at any time, remove the chief executive officer from office for any reason or none.
s 37 amd 2025 No. 29 s 50
(sec.37-ssec.1) The office of the chief executive officer becomes vacant if the chief executive officer— completes a term of office and is not reappointed; or resigns office by signed notice given to the board; or is disqualified from continuing as the chief executive officer under section 34 ; or is removed from office under subsection (3) .
(sec.37-ssec.2) If the chief executive officer resigns office under subsection (1) (b) , the board must immediately give notice of the resignation to the Minister.
(sec.37-ssec.3) The Governor in Council may, at any time, remove the chief executive officer from office for any reason or none.
(a) completes a term of office and is not reappointed; or
(b) resigns office by signed notice given to the board; or
(c) is disqualified from continuing as the chief executive officer under section 34 ; or
(d) is removed from office under subsection (3) .
sec.38
Acting chief executive officer
sec.38 Acting chief executive officer
This section applies if—
the office of the chief executive officer is vacant; or
the chief executive officer is absent from duty or otherwise unable to perform the chief executive officer’s functions.
The Minister may appoint a person to act as chief executive officer for a period of not longer than 6 months.
However, the Minister may extend the appointment for a further period of not longer than 6 months.
A person can not be appointed to act in the office unless the Minister could recommend the person for appointment as the chief executive officer under section 32 .
This section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954 , section 25 (1) (b) .
s 38 amd 2025 No. 29 s 51
(sec.38-ssec.1) This section applies if— the office of the chief executive officer is vacant; or the chief executive officer is absent from duty or otherwise unable to perform the chief executive officer’s functions.
(sec.38-ssec.2) The Minister may appoint a person to act as chief executive officer for a period of not longer than 6 months.
(sec.38-ssec.3) However, the Minister may extend the appointment for a further period of not longer than 6 months.
(sec.38-ssec.4) A person can not be appointed to act in the office unless the Minister could recommend the person for appointment as the chief executive officer under section 32 .
(sec.38-ssec.5) This section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954 , section 25 (1) (b) .
(a) the office of the chief executive officer is vacant; or
(b) the chief executive officer is absent from duty or otherwise unable to perform the chief executive officer’s functions.
sec.39
Conflicts of interest
sec.39 Conflicts of interest
If the chief executive officer has an interest that conflicts, or may conflict, with the discharge of the officer’s responsibilities, the officer—
must disclose the nature of the interest and conflict to the board as soon as practicable after the relevant facts come to the officer’s knowledge; and
must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the board.
(a) must disclose the nature of the interest and conflict to the board as soon as practicable after the relevant facts come to the officer’s knowledge; and
(b) must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the board.
pt.4-div.2
Other staff
Other staff
sec.40
Health and Wellbeing Queensland staff
sec.40 Health and Wellbeing Queensland staff
Health and Wellbeing Queensland may employ other staff it considers appropriate to perform its functions.
The other staff are employed under the Public Sector Act 2022 .
s 40 amd 2022 No. 34 s 365 sch 3
(sec.40-ssec.1) Health and Wellbeing Queensland may employ other staff it considers appropriate to perform its functions.
(sec.40-ssec.2) The other staff are employed under the Public Sector Act 2022 .
pt.4-div.3
Preservation of rights
Preservation of rights
sec.41
Preservation of rights of particular employees
sec.41 Preservation of rights of particular employees
This section applies to—
a person appointed as the chief executive officer of Health and Wellbeing Queensland who was, immediately before taking up the appointment, a public service employee or health service employee; or
a person appointed as another employee of Health and Wellbeing Queensland who was, immediately before taking up the appointment, a health service employee.
The person is entitled to retain all accrued or accruing rights as if service as an employee of Health and Wellbeing Queensland were a continuation of the person’s service as a public service employee or health service employee.
(sec.41-ssec.1) This section applies to— a person appointed as the chief executive officer of Health and Wellbeing Queensland who was, immediately before taking up the appointment, a public service employee or health service employee; or a person appointed as another employee of Health and Wellbeing Queensland who was, immediately before taking up the appointment, a health service employee.
(sec.41-ssec.2) The person is entitled to retain all accrued or accruing rights as if service as an employee of Health and Wellbeing Queensland were a continuation of the person’s service as a public service employee or health service employee.
(a) a person appointed as the chief executive officer of Health and Wellbeing Queensland who was, immediately before taking up the appointment, a public service employee or health service employee; or
(b) a person appointed as another employee of Health and Wellbeing Queensland who was, immediately before taking up the appointment, a health service employee.
sec.42
Preservation of rights of employees appointed as public service employee or health service employee
sec.42 Preservation of rights of employees appointed as public service employee or health service employee
This section applies to—
a person appointed as a public service employee who was, immediately before taking up the appointment, the chief executive officer; or
a person appointed as a health service employee who was, immediately before taking up the appointment, an employee of Health and Wellbeing Queensland.
The person’s service as an employee of Health and Wellbeing Queensland must be regarded as service as a public service employee or health service employee.
(sec.42-ssec.1) This section applies to— a person appointed as a public service employee who was, immediately before taking up the appointment, the chief executive officer; or a person appointed as a health service employee who was, immediately before taking up the appointment, an employee of Health and Wellbeing Queensland.
(sec.42-ssec.2) The person’s service as an employee of Health and Wellbeing Queensland must be regarded as service as a public service employee or health service employee.
(a) a person appointed as a public service employee who was, immediately before taking up the appointment, the chief executive officer; or
(b) a person appointed as a health service employee who was, immediately before taking up the appointment, an employee of Health and Wellbeing Queensland.
pt.5
Annual report
Annual report
sec.43
Annual report to include particular matters
sec.43 Annual report to include particular matters
This section applies to an annual report Health and Wellbeing Queensland is required to prepare and give the Minister under the Financial Accountability Act 2009 , section 63 .
The annual report must include details of—
functions performed by Health and Wellbeing Queensland during the year; and
how efficiently and effectively Health and Wellbeing Queensland performed its functions; and
each ministerial direction given by the Minister during the financial year to which the report relates; and
action taken by Health and Wellbeing Queensland because of the ministerial direction.
The board must approve the report before it is given to the Minister.
The report must not disclose confidential information without the consent of the person to whom the information relates.
(sec.43-ssec.1) This section applies to an annual report Health and Wellbeing Queensland is required to prepare and give the Minister under the Financial Accountability Act 2009 , section 63 .
(sec.43-ssec.2) The annual report must include details of— functions performed by Health and Wellbeing Queensland during the year; and how efficiently and effectively Health and Wellbeing Queensland performed its functions; and each ministerial direction given by the Minister during the financial year to which the report relates; and action taken by Health and Wellbeing Queensland because of the ministerial direction.
(sec.43-ssec.3) The board must approve the report before it is given to the Minister.
(sec.43-ssec.4) The report must not disclose confidential information without the consent of the person to whom the information relates.
(a) functions performed by Health and Wellbeing Queensland during the year; and
(b) how efficiently and effectively Health and Wellbeing Queensland performed its functions; and
(c) each ministerial direction given by the Minister during the financial year to which the report relates; and
(d) action taken by Health and Wellbeing Queensland because of the ministerial direction.
pt.6
Administration
Administration
pt.6-div.1
Criminal history information
Criminal history information
sec.44
Criminal history report
sec.44 Criminal history report
This section applies for deciding if a person, under section 20 or 34 —
is disqualified from becoming a board member or the chief executive officer; or
is disqualified from continuing as a board member or the chief executive officer.
The Minister may ask the commissioner of the police service for a written report about the person’s criminal history that includes a brief description of the circumstances of a conviction mentioned in the criminal history.
However, if subsection (1) (a) applies, the Minister may make the request only if the person has given the Minister written consent for the request.
The commissioner must comply with the request.
The duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.
(sec.44-ssec.1) This section applies for deciding if a person, under section 20 or 34 — is disqualified from becoming a board member or the chief executive officer; or is disqualified from continuing as a board member or the chief executive officer.
(sec.44-ssec.2) The Minister may ask the commissioner of the police service for a written report about the person’s criminal history that includes a brief description of the circumstances of a conviction mentioned in the criminal history.
(sec.44-ssec.3) However, if subsection (1) (a) applies, the Minister may make the request only if the person has given the Minister written consent for the request.
(sec.44-ssec.4) The commissioner must comply with the request.
(sec.44-ssec.5) The duty to comply applies only to information in the commissioner’s possession or to which the commissioner has access.
(a) is disqualified from becoming a board member or the chief executive officer; or
(b) is disqualified from continuing as a board member or the chief executive officer.
sec.45
Changes in criminal history must be disclosed
sec.45 Changes in criminal history must be disclosed
This section applies if a board member or the chief executive officer is charged with or convicted of an indictable offence.
The person must, unless the person has a reasonable excuse, immediately give notice of the charge or conviction to the Minister.
Maximum penalty—100 penalty units.
The notice must include the following information—
the existence of the charge or conviction;
details adequate to identify the offence committed or alleged to have been committed;
when the offence was committed or alleged to have been committed;
for a conviction—the sentence imposed on the person.
(sec.45-ssec.1) This section applies if a board member or the chief executive officer is charged with or convicted of an indictable offence.
(sec.45-ssec.2) The person must, unless the person has a reasonable excuse, immediately give notice of the charge or conviction to the Minister. Maximum penalty—100 penalty units.
(sec.45-ssec.3) The notice must include the following information— the existence of the charge or conviction; details adequate to identify the offence committed or alleged to have been committed; when the offence was committed or alleged to have been committed; for a conviction—the sentence imposed on the person.
(a) the existence of the charge or conviction;
(b) details adequate to identify the offence committed or alleged to have been committed;
(c) when the offence was committed or alleged to have been committed;
(d) for a conviction—the sentence imposed on the person.
sec.46
Confidentiality of criminal history information
sec.46 Confidentiality of criminal history information
This section applies to a person who possesses criminal history information because the person is or was—
the Minister or a member of the Minister’s staff; or
the chief executive officer, another staff member or a contractor of Health and Wellbeing Queensland; or
an employee or contractor of the department; or
a board member.
The person must not use or, directly or indirectly, disclose to another person the criminal history information unless the use or disclosure is permitted under subsection (3) .
Maximum penalty—100 penalty units.
The person may use or disclose to another person the criminal history information—
to the extent necessary to perform the person’s functions under this Act; or
if the use or disclosure is authorised under an Act; or
if the use or disclosure is otherwise required or permitted by law; or
if the person to whom the information relates consents to the use or disclosure; or
if the use or disclosure is in a form that does not identify the person to whom the information relates; or
if the information is, or has been, lawfully accessible to the public.
The person must ensure a report given to the Minister under section 44 is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.
Subsection (4) applies despite the Public Records Act 2023 .
In this section—
criminal history information means the information contained in—
a report given to the Minister under section 44 ; or
a notice given to the Minister under section 45 .
s 46 amd 2023 No. 33 s 107 sch 4
(sec.46-ssec.1) This section applies to a person who possesses criminal history information because the person is or was— the Minister or a member of the Minister’s staff; or the chief executive officer, another staff member or a contractor of Health and Wellbeing Queensland; or an employee or contractor of the department; or a board member.
(sec.46-ssec.2) The person must not use or, directly or indirectly, disclose to another person the criminal history information unless the use or disclosure is permitted under subsection (3) . Maximum penalty—100 penalty units.
(sec.46-ssec.3) The person may use or disclose to another person the criminal history information— to the extent necessary to perform the person’s functions under this Act; or if the use or disclosure is authorised under an Act; or if the use or disclosure is otherwise required or permitted by law; or if the person to whom the information relates consents to the use or disclosure; or if the use or disclosure is in a form that does not identify the person to whom the information relates; or if the information is, or has been, lawfully accessible to the public.
(sec.46-ssec.4) The person must ensure a report given to the Minister under section 44 is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.
(sec.46-ssec.5) Subsection (4) applies despite the Public Records Act 2023 .
(sec.46-ssec.6) In this section— criminal history information means the information contained in— a report given to the Minister under section 44 ; or a notice given to the Minister under section 45 . s 46 amd 2023 No. 33 s 107 sch 4
(a) the Minister or a member of the Minister’s staff; or
(b) the chief executive officer, another staff member or a contractor of Health and Wellbeing Queensland; or
(c) an employee or contractor of the department; or
(d) a board member.
(a) to the extent necessary to perform the person’s functions under this Act; or
(b) if the use or disclosure is authorised under an Act; or
(c) if the use or disclosure is otherwise required or permitted by law; or
(d) if the person to whom the information relates consents to the use or disclosure; or
(e) if the use or disclosure is in a form that does not identify the person to whom the information relates; or
(f) if the information is, or has been, lawfully accessible to the public.
(a) a report given to the Minister under section 44 ; or
(b) a notice given to the Minister under section 45 .
pt.6-div.2
Other matters
Other matters
sec.47
Use of confidential information
sec.47 Use of confidential information
This section applies to a person who—
is, or has been—
a board member; or
the chief executive officer, another staff member or a contractor of Health and Wellbeing Queensland; and
obtains confidential information in administering, or performing a function under, this Act.
The person must not, whether directly or indirectly, disclose the confidential information unless the disclosure is—
in the performance of a function under this Act; or
with the consent of the person to whom the information relates; or
authorised under an Act or otherwise required or permitted by law.
Maximum penalty—100 penalty units.
(sec.47-ssec.1) This section applies to a person who— is, or has been— a board member; or the chief executive officer, another staff member or a contractor of Health and Wellbeing Queensland; and obtains confidential information in administering, or performing a function under, this Act.
(sec.47-ssec.2) The person must not, whether directly or indirectly, disclose the confidential information unless the disclosure is— in the performance of a function under this Act; or with the consent of the person to whom the information relates; or authorised under an Act or otherwise required or permitted by law. Maximum penalty—100 penalty units.
(a) is, or has been— (i) a board member; or (ii) the chief executive officer, another staff member or a contractor of Health and Wellbeing Queensland; and
(i) a board member; or
(ii) the chief executive officer, another staff member or a contractor of Health and Wellbeing Queensland; and
(b) obtains confidential information in administering, or performing a function under, this Act.
(i) a board member; or
(ii) the chief executive officer, another staff member or a contractor of Health and Wellbeing Queensland; and
(a) in the performance of a function under this Act; or
(b) with the consent of the person to whom the information relates; or
(c) authorised under an Act or otherwise required or permitted by law.
sec.48
Offences against this Act
sec.48 Offences against this Act
A proceeding for an offence against this Act is to be heard and decided summarily.
A proceeding for the offence must start within whichever is the longer of the following—
1 year after the commission of the offence;
6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.
(sec.48-ssec.1) A proceeding for an offence against this Act is to be heard and decided summarily.
(sec.48-ssec.2) A proceeding for the offence must start within whichever is the longer of the following— 1 year after the commission of the offence; 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.
(a) 1 year after the commission of the offence;
(b) 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.
sec.49
Protecting prescribed persons from liability
sec.49 Protecting prescribed persons from liability
A prescribed person is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.
If subsection (1) prevents a civil liability attaching to a prescribed person, the liability attaches to the State.
This section does not apply to a prescribed person if the person is a prescribed person under the Public Sector Act 2022 , section 267 .
For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .
In this section—
prescribed person means—
the Minister; or
a board member.
s 49 amd 2022 No. 34 s 365 sch 3
(sec.49-ssec.1) A prescribed person is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.
(sec.49-ssec.2) If subsection (1) prevents a civil liability attaching to a prescribed person, the liability attaches to the State.
(sec.49-ssec.3) This section does not apply to a prescribed person if the person is a prescribed person under the Public Sector Act 2022 , section 267 . For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .
(sec.49-ssec.4) In this section— prescribed person means— the Minister; or a board member.
(a) the Minister; or
(b) a board member.
sec.50
Delegations
sec.50 Delegations
Health and Wellbeing Queensland may delegate its functions under this Act, other than its function of deciding to give a grant mentioned in section 11 (1) (c) , to a board member or the chief executive officer.
The board may delegate its functions under this Act to a board member or the chief executive officer.
A board member may subdelegate a function delegated to the member under subsection (1) or (2) to the chief executive officer or an appropriately qualified staff member of Health and Wellbeing Queensland.
The chief executive officer may delegate any of the officer’s responsibilities to an appropriately qualified staff member of Health and Wellbeing Queensland.
The chief executive officer may subdelegate a function delegated or subdelegated to the officer under subsection (1) , (2) or (3) to an appropriately qualified staff member of Health and Wellbeing Queensland.
In this section—
function includes power.
(sec.50-ssec.1) Health and Wellbeing Queensland may delegate its functions under this Act, other than its function of deciding to give a grant mentioned in section 11 (1) (c) , to a board member or the chief executive officer.
(sec.50-ssec.2) The board may delegate its functions under this Act to a board member or the chief executive officer.
(sec.50-ssec.3) A board member may subdelegate a function delegated to the member under subsection (1) or (2) to the chief executive officer or an appropriately qualified staff member of Health and Wellbeing Queensland.
(sec.50-ssec.4) The chief executive officer may delegate any of the officer’s responsibilities to an appropriately qualified staff member of Health and Wellbeing Queensland.
(sec.50-ssec.5) The chief executive officer may subdelegate a function delegated or subdelegated to the officer under subsection (1) , (2) or (3) to an appropriately qualified staff member of Health and Wellbeing Queensland.
(sec.50-ssec.6) In this section— function includes power.
sec.51
Regulation-making power
sec.51 Regulation-making power
The Governor in Council may make regulations under this Act.
pt.7
Transitional provisions for Health Legislation Amendment Act (No. 3) 2025
Transitional provisions for Health Legislation Amendment Act (No. 3) 2025
sec.52
Vacancy in office of board member
sec.52 Vacancy in office of board member
Section 23(2) applies to a board member whether the member is appointed before or after the commencement.
s 52 ins 2025 No. 29 s 52
sec.53
Vacancy in office of chief executive officer
sec.53 Vacancy in office of chief executive officer
Section 37(3) applies to the chief executive officer whether the officer is appointed before or after the commencement.
s 53 ins 2025 No. 29 s 52
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Health and Wellbeing Queensland Act 2019 .
sec.2 Commencement
sec.2 Commencement
This Act, other than part 7 , division 4 , commences on a day to be fixed by proclamation.
sec.3 Main purpose of Act
sec.3 Main purpose of Act
The main purpose of this Act is to establish Health and Wellbeing Queensland to improve the health and wellbeing of the Queensland population.
sec.4 Act binds all persons
sec.4 Act binds all persons
This Act binds all persons, including the State.
However, the State can not be prosecuted for an offence against this Act.
(sec.4-ssec.1) This Act binds all persons, including the State.
(sec.4-ssec.2) However, the State can not be prosecuted for an offence against this Act.
sec.5 Definitions
sec.5 Definitions
The dictionary in schedule 1 defines particular words used in this Act.
pt.2 Health and Wellbeing Queensland
Health and Wellbeing Queensland
pt.2-div.1 Establishment
Establishment
sec.6 Establishment
sec.6 Establishment
Health and Wellbeing Queensland is established.
sec.7 Legal status
sec.7 Legal status
Health and Wellbeing Queensland—
is a body corporate; and
may sue and be sued in its corporate name.
(a) is a body corporate; and
(b) may sue and be sued in its corporate name.
sec.8 Health and Wellbeing Queensland represents the State
sec.8 Health and Wellbeing Queensland represents the State
Health and Wellbeing Queensland represents the State.
Without limiting subsection (1) , Health and Wellbeing Queensland has the status, privileges and immunities of the State.
(sec.8-ssec.1) Health and Wellbeing Queensland represents the State.
(sec.8-ssec.2) Without limiting subsection (1) , Health and Wellbeing Queensland has the status, privileges and immunities of the State.
sec.9 Application of other Acts
sec.9 Application of other Acts
Health and Wellbeing Queensland is—
a unit of public administration under the Crime and Corruption Act 2001 ; and
a statutory body under—
the Financial Accountability Act 2009 ; and
the Statutory Bodies Financial Arrangements Act 1982 .
The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects Health and Wellbeing Queensland’s powers.
(sec.9-ssec.1) Health and Wellbeing Queensland is— a unit of public administration under the Crime and Corruption Act 2001 ; and a statutory body under— the Financial Accountability Act 2009 ; and the Statutory Bodies Financial Arrangements Act 1982 .
(sec.9-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects Health and Wellbeing Queensland’s powers.
Composition and appointment rules are prescriptive. The board comprises at least one and not more than four chief executives and at least one and not more than six other persons; all board members are appointed by the Governor in Council (s 18). At least one board member must be an Aboriginal person or a Torres Strait Islander (s 18(4)). The CEO is appointed by the Governor in Council and is an employee of HWQ appointed under this Act rather than the Public Sector Act 2022; the Minister may recommend a person for CEO only with the board’s approval (s 32).
The Act regulates conflicts, disclosure and confidentiality. Board members must disclose material personal interests at meetings and may not vote on matters where they have such interests; the disclosure must be recorded in minutes (s 31). The CEO must disclose conflicts and must not take action on conflicted matters unless authorised by the board (s 39). Criminal history checks may be requested from the police commissioner when deciding disqualification under ss 20 and 34, with consent required in certain circumstances (s 44). Persons who obtain criminal history information or confidential information under the Act face statutory limits on use and disclosure and criminal penalties (ss 46-47).
Operationally, HWQ is given delegation pathways for many functions, but the decision to give a grant (s 11(1)(c)) is expressly non-delegable by HWQ (s 50(1)). HWQ must prepare an annual report under the Financial Accountability Act 2009, and the Act prescribes that the annual report must disclose functions performed, efficiency and effectiveness, ministerial directions given during the year and action taken as a result (s 43).
The Act also contains enforcement and administrative provisions: offences under the Act are to be dealt with summarily and have time limits for commencing proceedings (s 48); specified confidentiality and disclosure breaches attract maximum penalties (ss 45-47); and prescribed protections from civil liability are provided for the Minister and board members in certain circumstances, with liability shifting to the State where the protection applies (s 49). Transitional provisions inserted by later amendment are included for vacancies in office of board members and the CEO (Pt 7, ss 52-53).
This description is strictly mechanical: the Act creates HWQ, sets its objective and functions, puts in place a board and CEO governance architecture, prescribes appointment, remuneration and removal mechanisms, establishes disclosure, privacy and criminal-history processes, allocates accountability via annual reporting and ministerial direction, and cross-references a suite of other public sector and financial statutes that shape oversight and financial management (ss 3, 6-14, 15-18, 32-43, 44-51).
Main concepts
The Act rests on a small set of interlocking legal concepts that determine institutional purpose, powers, governance and accountability. The main statutory concepts and how the Act implements them are:
Objective and functions. The statutory objective is a policy end: improving the health and wellbeing of Queenslanders (s 3; s 10). The functions translate that objective into operational activities: facilitating and commissioning prevention and health promotion initiatives; developing partnerships; awarding grants; monitoring and evaluating interventions; advising government; and coordinating information exchange (s 11). The Act defines “activity” broadly in s 11(3) to include projects, programs, services and research.
Corporate and representative status. HWQ is a body corporate that may sue and be sued (s 7). The Act also states HWQ “represents the State” and holds the State’s status, privileges and immunities (s 8). That shapes HWQ’s legal personality and exposure to liability, subject to specific protections and prohibitions elsewhere in the Act (s 4(2); s 49).
Powers and the limits of delegation. HWQ has the powers of an individual plus statutory powers (s 12). The board is empowered to do anything necessary or convenient to perform its functions and to direct the CEO in writing about the officer’s responsibilities (s 17). Delegation is permitted in multiple directions (s 50) but the Act carves out an explicit non-delegable function: the decision to give a grant under s 11(1)(c) (s 50(1)). That is a functional floor: the board or HWQ itself must retain the formal grant decision.
Ministerial control and reporting. The Minister may issue written directions about HWQ’s performance of functions or exercise of powers and HWQ must comply (s 13). The Minister may also direct HWQ to prepare special reports and may publish them, but the Minister may not direct the content of a special report (s 14). The annual report must record ministerial directions given in the financial year and actions taken in consequence (s 43), creating a traceable compliance record.
Governance composition and eligibility. The board’s composition rule distinguishes between “chief executives” (a category with at least one and up to four members) and “other persons” (at least one and up to six) (s 18). Members are appointed by the Governor in Council; at least one board member must be Aboriginal or Torres Strait Islander (s 18(4)). Disqualifications for board members and the CEO include criminal convictions for indictable offences (unless spent), insolvent under administration status, statutory disqualification under the Corporations Act part 2D.6, being an HWQ staff member or contractor, and contravening other statutory prohibitions (ss 20, 34).
Conflicts disclosure and meeting mechanics. Material personal interest rules at s 31 set out the threshold for disclosure (including interests of spouses, close relatives, employers or entities of which the member is an officer), require prompt disclosure at meetings, provide for participation only with a majority vote of other members (but not voting on the matter), and require the disclosure be recorded in minutes (s 31). Quorum rules at s 28 include an unusual bar: no quorum exists if a majority of members present are the chief executives category (s 28(3)).
Confidentiality and criminal-history handling. The Act provides a framework for requesting criminal-history reports from the police commissioner for disqualification decisions (s 44), requires immediate notice by a board member or CEO when charged or convicted of an indictable offence with particulars and imposes penalties for non-compliance (s 45). Statutory confidentiality obligations and penalties apply to persons who possess criminal history information or other confidential information obtained under the Act; permitted uses are limited and the Act requires destruction of police reports once no longer needed, even overriding the Public Records Act in that respect (ss 46-47).
Liability protections. Prescribed persons (the Minister and board members) are protected from civil liability for acts or omissions done honestly and without negligence in performing functions under the Act, with such liability (if excluded) shifting to the State (s 49). The protection is not available where the person is a prescribed person under the Public Sector Act 2022 s 267 (s 49(3)).
These concepts combine to create an institution designed to act across policy, program commissioning, funding and information coordination, while embedding administrative controls (ministerial directions, reporting, confidentiality), corporate protections and governance structures that allocate accountability among the Governor in Council, the Minister, the board and the CEO (ss 11-17; 32-37; 43; 49-50).
Who it affects
The Act defines a set of primary and secondary stakeholders by role, status and legal consequence. Below is a categorised list with the controlling sections that assign each role obligations or entitlements.
Primary institutional roles
Health and Wellbeing Queensland (HWQ): established as the statutory body and subject to functions, powers and duties throughout Pt 2 and Pt 6 (ss 6-12; ss 43-51).
Board members: appointed by the Governor in Council and governed by membership, meetings, disclosure and disqualification rules (ss 15-31; ss 20-24). At least one board member must be Aboriginal or Torres Strait Islander (s 18(4)).
Chief executive officer (CEO): appointed by the Governor in Council and responsible for day-to-day administration, staff employment and contractor engagement; appointment rules and disqualification provisions apply (ss 32-39).
Ministerial and executive actors
The Minister: may give written directions HWQ must comply with (s 13), may direct preparation of special reports (s 14), and is a “prescribed person” for civil immunity purposes (s 49).
Governor in Council: decides appointments of board members, chairperson, deputy chairperson and CEO; may remove board members and the CEO at any time and for any reason (ss 18-19; ss 23, 37).
Public sector employees and contractors
HWQ staff: employed under the Public Sector Act 2022 (s 40). The CEO is an employee under this Act and not under the Public Sector Act 2022 (s 32(4)). Transition and preservation of rights provisions apply to employees moving between HWQ and public/health service employment (ss 41-42).
Contractors of HWQ: engaged by the CEO (s 33). Note that being a contractor disqualifies a person from being a board member or CEO (ss 20(1)(e), 34(1)(e)).
Third-party recipients and partners
Entities that receive grants, contracts, or commission HWQ activities: affected by non-delegable grant decision rule (s 50(1)) and by HWQ’s functions to commission and give grants (s 11). The Act does not itself provide detailed procurement rules, but HWQ is a statutory body under financial statutes (s 9) and must follow financial accountability obligations.
Partner government entities and community organisations: identified as counterparties for collaboration and information exchange under s 11(1)(b),(f).
Information stakeholders
Police commissioner: required to provide criminal-history reports when requested by the Minister for disqualification decisions (s 44). The commissioner must comply, but only for information the commissioner possesses or can access (s 44(4)-(5)).
Persons whose criminal history information or confidential information is obtained: benefit from statutory confidentiality protections and limits on disclosure, and must receive destruction of reports when no longer required (ss 46-47).
The Act also specifies who is bound and who is not in a constitutional sense. Section 4(1) states the Act binds all persons, including the State, while s 4(2) expressly disallows prosecution of the State for offences under the Act. That dual formulation is significant for litigation and liability planning: individuals and non-State entities are bound to the Act’s criminal provisions, whereas the State itself is immune from prosecution under the Act.
Who pays and who decides
Budgetary and financial consequences fall to the State via appropriation and HWQ’s status as a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 (s 9). Board members and the CEO are remunerated as decided by the Governor in Council (ss 22; 36).
Decision-making authority is distributed: the Governor in Council appoints and removes; the Minister issues directions and requests reports; the board sets strategy, oversight and may direct the CEO; the CEO manages day-to-day administration and contractor engagement (ss 13, 14, 16-17, 32-33, 50).
Practical constraints on participation
Disqualification rules prevent persons with certain convictions, insolvency status, Corporations Act disqualifications, or contractual ties to HWQ from serving as board members or CEO (ss 20, 34). That affects prospective candidates and contractors.
Aboriginal or Torres Strait Islander representation is required on the board (s 18(4)), which has implications for appointment processes and candidate sourcing.
In short, the Act affects a constellation of public officials (Minister, Governor in Council, board, CEO), HWQ staff and contractors, grant and commissioning partners, and persons whose records or confidential information may be accessed. Financial oversight mechanisms attach via other statutes referenced in s 9. The Act assigns liability protections, confidentiality duties and reporting obligations which distribute compliance costs across these groups (ss 9, 43, 46-49).
Key duties and rights
The Act allocates duties, discretionary powers and statutory rights across HWQ, the board, the CEO, the Minister, the Governor in Council and other persons who handle confidential or criminal-history information. The key duties and rights, with their statutory sources, are:
Duties and obligations
HWQ’s statutory functions: to facilitate and commission prevention and promotion activities, develop partnerships, give grants, monitor and evaluate, develop policy and advise the Minister and other entities, and coordinate information exchange (s 11). These are operational duties that require staff, contracting and program management capacity.
Compliance with ministerial directions: HWQ must comply with any written ministerial direction about performance of its functions or exercise of powers (s 13(1), (3)). The Minister may not direct on employment matters relating to a particular person (s 13(2)).
Board duties: ensure proper, efficient and effective performance of HWQ’s functions, decide objectives, strategies and policies, and ensure HWQ complies with its statutory and legal obligations (s 16).
CEO responsibilities: day-to-day administration of HWQ including employing staff and engaging contractors; must comply with written policies and directions of the board and is accountable to the board (s 33).
Disclosure duties: board members must disclose material personal interests at meetings as soon as practicable and record the disclosure in the minutes (s 31(3), (6)). The CEO must disclose conflicts to the board and must not act on conflicted matters unless authorised by the board (s 39).
Criminal-history notification: a board member or the CEO charged with or convicted of an indictable offence must immediately notify the Minister, unless they have a reasonable excuse, providing specified details; non-compliance attracts a maximum penalty of 100 penalty units (s 45).
Confidentiality and restricted use: persons who possess criminal-history information or confidential information under the Act must not use or disclose it except in permitted circumstances; unauthorized disclosure attracts maximum penalties (ss 46-47). s 46(4) requires destruction of a police report once it is no longer needed for its purpose.
Annual reporting: HWQ must include in its annual report details of functions performed, efficiency and effectiveness, ministerial directions given in the financial year and action taken because of those directions; the board must approve the report before submission (s 43).
Rights and powers
HWQ may sue and be sued in its corporate name (s 7(1)-(2)).
HWQ represents the State and has the State’s privileges and immunities (s 8). That creates a legal status for claims, though s 4(2) prevents the State from being prosecuted under the Act itself.
Ministerial prerogative: the Minister may give directions to HWQ (s 13) and request special reports (s 14). The Minister may publish special reports (s 14(4)).
Board powers: the board may do anything necessary or convenient to perform its functions (s 17(1)), give written direction to the CEO (s 17(2)), and delegate board-level functions to the CEO or board members (s 50).
Governor in Council: appoints board members, the chairperson, deputy chairperson and the CEO (ss 18-19; s 32); may remove board members and the CEO at any time and for any reason (ss 23(2); 37(3)).
Delegation rights: HWQ and the board may delegate many functions to board members or the CEO; the CEO may delegate to appropriately qualified staff; a board member may subdelegate to the CEO or suitably qualified staff (s 50). Note the statutory limit: decision to grant under s 11(1)(c) cannot be delegated by HWQ (s 50(1)).
Constraints on rights and powers
Disqualification provisions remove eligibility for certain persons to hold office as board members or CEO (ss 20, 34), including persons who are contractors of HWQ (ss 20(1)(e), 34(1)(e)).
Quorum and voting constraints: if a board member has a material personal interest, that member must disclose and cannot vote on the matter; the member may only further participate with a majority vote of other members (s 31(3)-(5)). Quorum is a majority of board members, but s 28(3) prevents a quorum if a majority present are the chief executives category.
Non-delegable grant decisions: although delegations are broadly permitted, the non-delegation of grant decisions constrains operational delegation (s 50(1)).
Protections and immunity
Civil liability protection: prescribed persons (the Minister and board members) are not civilly liable for acts or omissions done honestly and without negligence under the Act; where that protection applies, the liability attaches to the State (s 49(1)-(2)). This protection does not apply where the person is a prescribed person under Public Sector Act 2022 s 267 (s 49(3)).
Administrative and procedural duties
Meeting frequency and record-keeping: the chairperson must convene board meetings at least six times each year and the board must keep minutes (ss 26; 30). Minutes must record disclosures of interest (s 31(6)).
Preservation of employees’ accrued rights: employees moving from public service or health service employment to HWQ, and vice versa in certain circumstances, retain accrued rights as if service were continuous (ss 41-42).
These duties and rights create a mapped governance allocation. Decision-makers must observe disclosure rules, confidentiality limits and reporting obligations; the Minister retains oversight via directions and reporting; the Governor in Council controls appointment and removal; and certain protective shields and constraints are expressly written into the Act (ss 13, 14, 31, 39, 43, 44-49, 50).
Penalties and enforcement
The Act establishes several enforcement mechanisms and penal consequences for specified breaches, together with administrative remedies and non-criminal enforcement levers. The penalties and enforcement architecture comprises criminal/summary offences, monetary penalties, civil-liability reallocation, removal powers, and reporting and oversight obligations:
Summary proceedings and time bars
Proceedings for an offence against the Act are to be heard and decided summarily (s 48(1)). The Act prescribes limitations periods: a proceeding must start within whichever is longer of 1 year after commission of the offence or 6 months after the complainant becomes aware of the offence, but in any event within 2 years after the commission (s 48(2)). This shapes prosecutorial strategy and private enforcement timing.
Monetary penalties and criminal offences
Several confidentiality and disclosure obligations attract a maximum penalty of 100 penalty units. These include:
Failure by a board member or the CEO to notify the Minister when charged with or convicted of an indictable offence (s 45(2)), maximum 100 penalty units.
Prohibition on unauthorised use or disclosure of criminal-history information (s 46(2)), maximum 100 penalty units.
Prohibition on unauthorised disclosure of confidential information obtained under the Act (s 47(2)), maximum 100 penalty units.
The Act treats these breaches as offences that are subject to the summary process and the limitation periods in s 48.
Civil liability and the State
Civil liability protections are conferred on prescribed persons (Minister and board members) for acts done, or omissions made, honestly and without negligence under the Act (s 49(1)). Where that protection applies and prevents civil liability attaching to the prescribed person, the liability attaches to the State (s 49(2)). The protection does not apply where the person is a prescribed person under the Public Sector Act 2022 s 267 (s 49(3)). The practical effect is to move certain litigation risk from individuals to the State in those circumstances.
Removal powers and disqualification
The Governor in Council may remove a board member at any time, for any reason or none (s 23(2)). The Governor in Council may remove the CEO at any time for any reason or none (s 37(3)). These are administrative remedies that operate outside the criminal or civil processes but serve as an enforcement or control mechanism.
Disqualification rules remove ineligible persons from holding or continuing in office: convictions for indictable offences (not spent), insolvency, Corporations Act disqualification, being an HWQ employee or contractor, or contravening s 31(3) for board members (ss 20, 34). Enforcement of disqualification may proceed administratively by resignation, removal under s 23 or s 37, or referral to other authorities for prosecutorial action where offences are implicated.
Information controls and destruction obligations
The Minister may request criminal-history reports from the police commissioner under s 44 to assess disqualification. The commissioner must comply to the extent of information in the commissioner’s possession or accessible to them (s 44(4)-(5)). Section 46(4) requires destruction of the report as soon as practicable after it is no longer needed for its purpose. Section 46(5) states that the destruction obligation applies despite the Public Records Act 2023. Failure to follow the handling and destruction requirements may expose individuals to the 100 penalty unit maximum under s 46.
Transparency and reporting as enforcement levers
Annual reporting obligations create public accountability: the annual report must disclose each ministerial direction given in the financial year and actions taken in response (s 43(2)(c)-(d)). The board must approve the annual report prior to submission to the Minister (s 43(3)). Such reporting allows parliamentary and public scrutiny which can be a non-penal enforcement or reputational lever.
Regulatory oversight and cross-legislation enforcement
HWQ is a unit of public administration for the Crime and Corruption Act 2001 and is a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 (s 9). Those statutes establish separate oversight regimes and enforcement mechanisms (not set out in this Act) for corruption, financial management and statutory body financing. The Act’s cross-references bring HWQ within those enforcement ecosystems.
Practical enforcement risks and considerations
The Act places criminal and administrative consequences on individuals (board members, CEO, staff) for breaches of disclosure and confidentiality; however, protections for prescribed persons shift some civil risk to the State (s 49). The Minister’s power to direct and to request reports (ss 13-14), combined with mandatory annual disclosure of directions (s 43), creates an administrative chain for oversight and compliance monitoring. Removal powers provide an executive control that operates outside judicial channels but is available to enforce standards of conduct.
Overall, enforcement is a mixture of criminal sanctions (summary offences with monetary penalties), administrative controls (removal by Governor in Council), confidentiality destruction obligations, and public accountability through reporting. The Act deliberately assigns liability protections and State assumption of some liabilities, while retaining individual criminal exposure for certain confidentiality and notification failures (ss 45-49).
How it interacts with other laws
The Act is explicitly drafted to sit within and interact with a set of pre-existing statutory regimes. The Act cross-references and imports oversight, employment, financial and records frameworks, and it sets out specific interaction points where other laws apply or are overridden. The principal interaction points are:
Crime and Corruption Act 2001
HWQ is a “unit of public administration” under the Crime and Corruption Act 2001 (s 9(1)(a)). That classification subjects HWQ and its personnel to the corruption prevention, reporting and investigatory apparatus of that Act. The Act does not restate corruption rules; it imports the public-administration classification to make corruption-related provisions applicable.
Financial management and statutory-body finance
HWQ is a “statutory body” under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 (s 9(1)(b)). The Statutory Bodies Financial Arrangements Act 1982, part 2B is specifically noted as setting out how that Act affects HWQ’s powers (s 9(2)). Being a statutory body means that HWQ must comply with financial accountability rules, reporting, auditing and borrowing arrangements as modified or shaped by those statutes.
Public Sector Act 2022
The CEO is appointed under this Act and not under the Public Sector Act 2022 (s 32(4)); however, other HWQ staff are employed under the Public Sector Act 2022 (s 40(2)). Section 49(3) references the Public Sector Act 2022, indicating an exclusion for liability protection where the person is a prescribed person under that Act (s 49(3)). These cross-references create parallel employment regimes within HWQ , the CEO under the Health and Wellbeing Queensland Act, other staff under the Public Sector Act , and make aspects of liability protection contingent on the Public Sector Act’s prescriptions.
Public Records Act 2023
Section 46(4) requires destruction of a police report given to the Minister under s 44 as soon as practicable after it is no longer needed for its purpose. Section 46(5) states that the destruction requirement applies despite the Public Records Act 2023. That creates a specific, textual override requiring destruction of specified criminal-history reports even where the Public Records Act would otherwise require retention.
Acts Interpretation Act 1954
The Acts Interpretation Act 1954, s 25(1)(b) is referenced in ss 24 and 38 as not being limited by those sections on acting appointments. That preserves the Governor in Council’s power under the Interpretation Act concerning temporary appointments beyond the Minister’s acting appointments power (ss 24(5), 38(5)).
Corporations Act 2001
Disqualification rules for board members and the CEO reference disqualification under the Corporations Act, part 2D.6 (ss 20(1)(c), 34(1)(c)). That imports the Corporations Act’s corporate-management disqualification regime into eligibility assessments for office under this Act.
Statutory immunity and the Public Sector Act
Section 49 creates civil liability protections for prescribed persons and references the Public Sector Act 2022 for overlapping or alternative protection regimes (s 49(3)). Section 49(2) reallocates liability to the State where the protection applies. Where persons are “prescribed persons” under the Public Sector Act s 267, the Act’s protection does not apply, and the alternate protection paths in the Public Sector Act apply instead (s 49(3)).
Police legislation and information law
The Act authorises the Minister to request criminal-history reports from the police commissioner, who must comply to the extent of data in their possession (s 44). That establishes a statutory pathway for disclosure of police-held information to State decision-makers while imposing confidentiality and destruction obligations that may intersect with other information-privacy and records legislation (ss 44-46).
Financial Accountability and reporting regimes
The Act mandates an annual report to the Minister under the Financial Accountability Act 2009, s 63, and requires specific content elements including ministerial directions and resultant actions (s 43). That embeds HWQ into the State’s established financial reporting timetable and audit pathways.
Where the Act limits or overrides other laws
The Act expressly requires destruction of criminal-history reports even if the Public Records Act 2023 would prescribe retention, thereby creating a specific instance where this Act prevails (s 46(4)-(5)).
The civil-liability reallocation mechanism in s 49 modifies the ordinary rules of civil liability as applied to the Minister and board members by allocating some exposures to the State.
Practical implications of cross‑statutory interaction
Being a statutory body with public-administration status imports complex oversight and compliance obligations (crime and corruption reporting, financial accountability, statutory-body financial arrangements). That influences procurement, record-keeping, personnel management and external scrutiny (s 9).
Employment eligibility and transitions require coordination with the Public Sector Act for staff matters and with the Health Service employment framework for staff moving between HWQ and health services (ss 32, 40-42).
The non-delegation of grant decisions (s 50(1)) sits alongside financial-accountability obligations that may otherwise permit delegation, creating a targeted constraint on delegation practice.
The reference to Corporations Act disqualification means corporate-law determinations affect public appointments under this Act (ss 20, 34).
Summarily, the Act does not operate in isolation: it deliberately maps HWQ into Queensland’s broader administrative law, financial oversight, records, criminal-history and employment frameworks through specific cross-references and targeted overrides, thereby shaping how HWQ exercises its functions in practice (ss 9, 32, 40, 44-46, 49-51).
Amendment history
The statutory text supplied includes marginal amendment annotations that identify post-enactment changes. The Act was originally enacted in 2019 (short title s 1), and the text records subsequent amendments with specific instrument references. The Act itself does not provide an explanatory history inside the body, but the annotations permit a narrow reconstruction of amendment events and the sections affected. The explicit amendment entries present in the supplied text are as follows:
2022 amendment (No. 34)
Sections 32 and 40 were amended by “2022 No. 34 s 365 sch 3” (see s 32 note: “s 32 amd 2022 No. 34 s 365 sch 3”; s 40 note: “s 40 amd 2022 No. 34 s 365 sch 3”).
Section 49 was amended by “2022 No. 34 s 365 sch 3” (s 49 note: “s 49 amd 2022 No. 34 s 365 sch 3”).
These marginal notes indicate that in 2022 an amending instrument with number 34 effected changes to those sections, recorded at s 365 schedule 3 of that amending Act.
2023 amendment (No. 33)
Section 46 was amended by “2023 No. 33 s 107 sch 4” (s 46 note: “s 46 amd 2023 No. 33 s 107 sch 4”).
The presence of that marginal note records that an amending instrument in 2023 affected the confidentiality/criminal-history provisions at s 46.
2025 amendments (No. 29)
Section 23 carries an amendment note “s 23 amd 2025 No. 29 s 48”.
Section 24 carries an amendment note “s 25 amd 2025 No. 29 s 49”.
Section 37 carries “s 37 amd 2025 No. 29 s 50”.
Section 38 carries “s 38 amd 2025 No. 29 s 51”.
Transitional provisions were inserted as Part 7 by the Health Legislation Amendment Act (No. 3) 2025, specifically ss 52-53 with marginal notes “s 52 ins 2025 No. 29 s 52” and “s 53 ins 2025 No. 29 s 52”.
These annotations indicate a set of 2025 changes relating to vacancies and removal provisions for board members and the CEO, and the insertion of transitional provisions addressing application of certain vacancy/removal rules irrespective of timing of appointment.
What the annotations do not do
The marginal amendment notes identify the instrument and clause numbers that effected amendments but do not contain the amending text or provide a narrative of the policy changes. The supplied source does not set out the pre-amendment text for those sections, so this note does not attempt to reconstruct the precise textual differences or policy rationales introduced by each amending Act. Any further analysis of the content of those amendments would require consulting the listed amending Acts: 2022 No. 34 s 365 sch 3; 2023 No. 33 s 107 sch 4; and 2025 No. 29 ss 48-52.
Transitional provisions
The insertion of Pt 7 by the 2025 amending instrument creates transitional rules that make certain vacancy/removal provisions apply to members or the CEO regardless of whether appointed before or after the commencement of the amending provisions (ss 52-53). The marginal notes record those insertions.
Practical consequence for legal research
When advising about current law for HWQ, researchers and practitioners must consult the consolidated Act (including the amending Acts noted above) and, where necessary, the amendment instruments to ascertain the precise operative text and the commencement dates of amendments. The marginal notes here identify which sections were amended and the amending instrument citations; they do not, however, provide the full legislative history or policy materials associated with those amendments (for example, second reading speeches, explanatory memoranda, or regulatory impact assessments).
In short, the Act’s supplied text records three identifiable amendment episodes (2022, 2023 and 2025) affecting specific provisions. The marginal notes are adequate to locate the amending instruments but not to describe the detailed policy changes effected; for that, reference to the amending Acts themselves and their legislative materials is required.
Litigation history
The supplied statutory text contains no references to any judicial decisions or litigation history. It does not cite cases, and the Act itself does not record any judicial interpretation or application that would amount to a litigation history. The only procedural reference related to litigation is that proceedings for offences under the Act are to be heard and decided summarily and subject to prescribed limitation periods (s 48), but this is a procedural rule rather than a report of litigation.
Practically, this means:
There is no litigation precedent embedded in the text to guide interpretations of, for example, scope of ministerial directions (s 13), the meaning of “material personal interest” (s 31), or the extent of civil-liability protections (s 49). Those issues may have been litigated in the courts, but the supplied source does not record it.
Advisers requiring judicial interpretations of any of the Act’s provisions must consult case law databases and courts’ records, seeking decisions that interpret the Health and Wellbeing Queensland Act 2019 or the relevant provisions since its enactment and subsequent amendments.
Absent authority listed in the Act, ordinary statutory interpretation principles and cross-referenced statutes (Crime and Corruption Act, Financial Accountability Act, Public Sector Act, Corporations Act, Public Records Act) will guide litigation strategy and statutory construction in any disputes.
Therefore, for litigation-focused advice, the next step is to conduct a targeted case-law search on issues likely to arise under this Act (for example, ministerial directions compliance disputes, grant decision litigation, confidentiality breaches, or removal of board members), because the Act as supplied does not itself supply judicial history.
Gotchas
Several provisions pose practical pitfalls or operational blind spots that advisers, boards, CEOs, and lawyers should flag because they create constraints, risks or counterintuitive outcomes. Each “gotcha” is grounded in the text and cites the relevant sections.
Ministerial directions are binding but content of special reports is insulated
The Minister may give written directions about HWQ’s performance of functions or exercise of powers and HWQ must comply (s 13(1), (3)). At the same time, the Minister may direct HWQ to prepare a special report but may not direct the content of that special report (s 14(1)-(2)). Practically, HWQ must follow ministerial instructions but retains editorial independence on the content of special reports. The interplay creates a compliance tension: HWQ must obey the direction to prepare a report but can resist direction as to substance (s 14(2)). Boards and counsel should document the exact ambit of ministerial directions and any follow-up actions.
Non-delegable grant decision
HWQ may delegate many functions but the Act expressly prevents delegating the function of “deciding to give a grant” under s 11(1)(c) (s 50(1)). That compels the board or HWQ to retain formal grant approval authority, even if operational parts of grant administration are delegated. Procedurally, grant-making workflows must build in a formal decision point at the non-delegable level.
Quorum rule that disables meetings dominated by chief executives
A quorum is a majority of board members for the time being, but s 28(3) states there is no quorum if a majority of board members present are members described in s 18(1)(a) (the chief executives category). In practical terms, if the chief executives on the board outnumber or are the majority of those present, the meeting cannot proceed even if numerically quorate. That is an atypical constraint and requires careful meeting planning to ensure a representative mix of “other persons” are present when key decisions are to be made.
Disqualification for contractors and staff
The Act disqualifies contractors and staff from becoming board members or CEO (s 20(1)(e); s 34(1)(e)). This can complicate recruitment and succession planning: a candidate who has a commercial relationship with HWQ or is an employee will be ineligible without first severing the relationship.
Disclosure rules do not themselves invalidate decisions
Section 31(7) states that failure to make a disclosure under s 31(3) does not, of itself, invalidate a decision of the board. That protects the validity of board decisions from being undone by procedural non-disclosure, but it does not remove criminal liability or other sanctions for failing to disclose (s 45-47). Practically, organisations must not rely on s 31(7) to retrospectively cure disclosure failures; reputational and penal consequences remain.
State cannot be prosecuted but Act binds all persons
Section 4(1) declares the Act binds all persons, including the State, but s 4(2) says the State cannot be prosecuted for an offence against the Act. This means the State may be exempt from criminal prosecution under the Act while individuals and non-State entities are prosecutable. That asymmetry can be surprising for litigators and claimants and will shape enforcement strategies.
Criminal-history checks and consent traps
The Minister may request a police report for disqualification decisions under s 44, but if the request concerns eligibility to become a board member (s 44(1)(a)), the request may be made only if the person has given written consent (s 44(3)). That consent requirement must be built into recruitment processes; failing to secure consent can prevent access to criminal-history information and delay appointment assessments.
Destruction requirement overrides Public Records Act
Section 46(4) requires that a report given to the Minister under s 44 be destroyed as soon as practicable after it is no longer needed, and s 46(5) states this applies despite the Public Records Act 2023. That is a concrete records-management obligation that may appear to conflict with other record-keeping responsibilities; organisations must implement procedures to destroy such reports and document lawful destruction.
Removal powers are unfettered
The Governor in Council may remove a board member or the CEO at any time for any reason or none (ss 23(2), 37(3)). That grants the executive a removal power without statutorily defined grounds, which has practical implications for job security and governance independence. Boards should plan for sudden vacancies and acting appointments consistent with ss 24 and 38.
Civil-liability protection is conditional and shifts risk to the State
Section 49 protects prescribed persons (Minister and board members) from civil liability for acts done honestly and without negligence, and where that protection applies the liability attaches to the State (s 49(1)-(2)). The protection does not apply if the person is a prescribed person under the Public Sector Act 2022 s 267 (s 49(3)), creating conditional coverage. That affects litigation strategy and insurers: some risks move to the State, but others may remain private depending on Public Sector Act status.
CEO appointment process is tripartite
The CEO is appointed by Governor in Council, but the Minister may only recommend a person for CEO with the approval of the board (s 32(2)-(3)). That procedural requirement places the board at the centre of appointment recommendations, which can complicate political-administrative relations if the Minister and board disagree.
Conflict participation vs voting: nuanced constraints
Under s 31, a board member with a material personal interest must disclose, may only further participate with a majority vote of the other members, and may not participate in any vote on the matter (ss 31(3)-(5)). That allows participation in discussion only if other members permit it, but forbids voting , a subtle distinction requiring minute-accurate meeting records and prescriptive minutes (s 31(6)).
These items are operational and legal “gotchas” that arise directly from the Act’s mechanics. They map to specific compliance requirements and should be considered in governance, recruitment, meeting procedures, records management and litigation planning.
How to comply
The Act sets out a range of prescriptive and discretionary obligations. Compliance requires systems, procedures and governance arrangements that align with the Act’s text. The checklist below is organised by actor and activity and cites the statutory provisions that generate each obligation.
Board-level compliance
Composition and appointments: ensure the board composition complies with s 18 , at least 1 and no more than 4 chief executives and at least 1 and no more than 6 other persons, with at least one Aboriginal or Torres Strait Islander (s 18(1), (4)). Track appointment instruments from the Governor in Council and record terms that do not exceed four years (s 21).
Meetings and quorums: convene board meetings at least six times a year (s 26(2)(a)). Be mindful of s 28(3) so that a majority of members present are not the chief-executive category; schedule meetings to ensure an appropriate mix of member types for quorum.
Minutes and disclosure: keep detailed minutes of meetings and record disclosures of material personal interests as required by s 31(6). Document votes taken to permit a conflicted member to further participate (s 31(4)). Ensure minutes record that conflicted members did not vote on the matter (s 31(5)).
Policies on conflicts and delegations: adopt written policies and procedures for identifying and handling material personal interests (s 31) and for implementing delegations pursuant to s 50, bearing in mind the non-delegable nature of grant decisions (s 50(1)). Keep delegation instruments up to date and recorded.
CEO and executive compliance
Appointment process and approvals: implement a recruitment process that secures board approval for any Ministerial recommendation to appoint a CEO (s 32(3)). Ensure appointment instruments state terms not longer than four years (s 35).
Day-to-day administration: comply with the board’s written policies and directions (s 33(2)). Maintain delegation registers for CEO delegations to staff (s 50(4)-(5)).
Conflict disclosure and recusal: disclose conflicts to the board as soon as practicable and refrain from acting on conflicted matters unless the board authorises (s 39). Keep written records of board authorisations.
Criminal-history and notification obligations: if the CEO is charged with or convicted of an indictable offence, notify the Minister immediately with specified particulars unless there is a reasonable excuse (s 45(1)-(3)). Build notification processes into HR and legal functions.
Staff, contractors and HR compliance
Employment terms and transitions: employ staff under the Public Sector Act 2022 as applicable (s 40). For persons transferring from public or health services, preserve accrued rights as specified (s 41-42). Maintain employment records demonstrating continuity where required.
Contractor management and eligibility: ensure that contractors understand they are disqualified from board membership or the CEO role while contracting with HWQ (ss 20(1)(e), 34(1)(e)). Structure contracting relationships to avoid inadvertent disqualification of potential candidates.
Records of criminal-history reports: obtain written consent where required before requesting criminal-history reports for board appointments (s 44(3)). Securely handle police reports and destroy them as soon as practicable after they are no longer needed (s 46(4)). Implement a documented destruction procedure and audit trail showing compliance with the statutory destruction requirement.
Information governance and confidentiality
Confidential-information policy: adopt policies to prevent unauthorised use and disclosure of confidential information obtained under the Act (s 47). Train board members, the CEO, staff and contractors on permitted uses under s 46(3) and s 47(2).
Criminal-history information handling: restrict access to criminal-history information to those performing functions under the Act and maintain secure storage; document lawful uses such as disqualification assessments (s 46(3)(a)). Ensure authorised disclosures (consent, law, de-identified use, public access) are logged and justified (s 46(3)(d)-(f)).
Public reporting: prepare annual reports under the Financial Accountability Act 2009, s 63, and ensure the annual report includes the mandated items (functions performed, efficiency and effectiveness, ministerial directions given and action taken) and is approved by the board before submission (s 43).
Ministerial directions and special reports
Direction compliance process: create a protocol for handling ministerial directions; record receipt, legal review and implementation steps (s 13). When the Minister requires a special report, ensure HWQ prepares and delivers the report while preserving editorial independence of the content (s 14(1)-(3)); document any Ministerial publications of the report (s 14(4)).
Record ministerial directions for the annual report: keep a central register of ministerial directions and records of action taken so that the annual report can accurately disclose those matters (s 43(2)(c)-(d)).
Delegations and grant-making
Delegation instruments: document all delegations under s 50 and ensure subdelegations are to “appropriately qualified” persons with records of qualifications and delegations (s 50(3)-(5)). Maintain a delegation register for audit and transparency.
Grant decision workflow: design grant processes to ensure the formal decision to give a grant is reserved to HWQ or the board and is not delegated, while administrative tasks can be delegated (s 50(1)). Record the board or HWQ decision separately from administrative approvals.
Legal and regulatory alignment
Cross-statutory compliance: ensure financial management and reporting comply with the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 as applied (s 9). Embed Crime and Corruption Act reporting rules into internal governance policies.
Records retention and destruction: integrate the special destruction obligation for police reports into records-management policies and reconcile it with general record-keeping obligations, noting s 46(5) which provides the destruction obligation “despite the Public Records Act 2023.”
Practical tools and monitoring
Training and induction: provide statutory-compliance training for new board members, the CEO and senior staff on conflicts (s 31), confidentiality (ss 46-47), ministerial directions (s 13), and delegations (s 50).
Compliance calendar: maintain a compliance calendar that tracks board meeting frequency (s 26), annual reporting deadlines under the Financial Accountability Act (s 43), and time-sensitive obligations such as criminal-history notifications (s 45) and destruction of police reports (s 46(4)).
Audit and assurance: subject HWQ’s governance, conflicts management and confidentiality controls to internal audit and external audit scrutiny under the Financial Accountability Act and statutory-body statutes (s 9). Keep audit trails for decisions reserved to the board (including grants) to demonstrate non-delegation compliance (s 50(1)).
By actor, these steps translate into concrete compliance tasks: recruitment and appointment protocols for the Governor in Council and Minister recommendations (ss 18, 32); recorded conflicts and minute practices for the board (s 31); CEO accountability mechanisms and delegation registers (ss 33, 50); secure handling and destruction of police reports (s 46); and annual reporting that accurately discloses ministerial directions and responses (s 43). Following the statute literally and building administrative systems to evidence compliance will reduce legal risk and support transparent governance.
(a) a unit of public administration under the Crime and Corruption Act 2001 ; and
(b) a statutory body under— (i) the Financial Accountability Act 2009 ; and (ii) the Statutory Bodies Financial Arrangements Act 1982 .
(i) the Financial Accountability Act 2009 ; and
(ii) the Statutory Bodies Financial Arrangements Act 1982 .
(i) the Financial Accountability Act 2009 ; and
(ii) the Statutory Bodies Financial Arrangements Act 1982 .
pt.2-div.2 Objective, functions and powers
Objective, functions and powers
sec.10 Objective
sec.10 Objective
The objective of Health and Wellbeing Queensland is to improve the health and wellbeing of the Queensland population, including, for example, by—
reducing the burden of chronic diseases through targeting risk factors for those diseases; and
poor nutrition, low physical activity, obesity
reducing health inequity.
higher rates of chronic disease in population groups with low socio-economic status than in population groups with high socio-economic status
(a) reducing the burden of chronic diseases through targeting risk factors for those diseases; and Examples of risk factors for chronic diseases— poor nutrition, low physical activity, obesity
(b) reducing health inequity. Example of health inequity— higher rates of chronic disease in population groups with low socio-economic status than in population groups with high socio-economic status
sec.11 Functions
sec.11 Functions
The main functions of Health and Wellbeing Queensland are as follows—
to facilitate and commission activities to prevent illness and promote health and wellbeing;
to develop partnerships and collaborate with other entities to further its objective or carry out its functions under this Act;
to give grants for activities to further its objective or carry out its functions under this Act;
to monitor and evaluate activities to prevent illness and promote health and wellbeing;
to develop policy, and advise the Minister and government entities, about preventing illness and promoting health and wellbeing;
to coordinate the exchange of information about activities to prevent illness and promote health and wellbeing.
Health and Wellbeing Queensland’s functions also include any other function given to it under this Act or another Act.
In this section—
activity includes a project, program, service and research.
(sec.11-ssec.1) The main functions of Health and Wellbeing Queensland are as follows— to facilitate and commission activities to prevent illness and promote health and wellbeing; to develop partnerships and collaborate with other entities to further its objective or carry out its functions under this Act; to give grants for activities to further its objective or carry out its functions under this Act; to monitor and evaluate activities to prevent illness and promote health and wellbeing; to develop policy, and advise the Minister and government entities, about preventing illness and promoting health and wellbeing; to coordinate the exchange of information about activities to prevent illness and promote health and wellbeing.
(sec.11-ssec.2) Health and Wellbeing Queensland’s functions also include any other function given to it under this Act or another Act.
(sec.11-ssec.3) In this section— activity includes a project, program, service and research.
(a) to facilitate and commission activities to prevent illness and promote health and wellbeing;
(b) to develop partnerships and collaborate with other entities to further its objective or carry out its functions under this Act;
(c) to give grants for activities to further its objective or carry out its functions under this Act;
(d) to monitor and evaluate activities to prevent illness and promote health and wellbeing;
(e) to develop policy, and advise the Minister and government entities, about preventing illness and promoting health and wellbeing;
(f) to coordinate the exchange of information about activities to prevent illness and promote health and wellbeing.
sec.12 Powers
sec.12 Powers
Health and Wellbeing Queensland has the powers of an individual.
Health and Wellbeing Queensland also has the powers given to it under this Act or another Act.
(sec.12-ssec.1) Health and Wellbeing Queensland has the powers of an individual.
(sec.12-ssec.2) Health and Wellbeing Queensland also has the powers given to it under this Act or another Act.
sec.13 Ministerial directions generally
sec.13 Ministerial directions generally
The Minister may give Health and Wellbeing Queensland a written direction (a ministerial direction ) about the performance of its functions or the exercise of its powers.
However, the Minister may not give a ministerial direction about an employment matter relating to a particular person.
Health and Wellbeing Queensland must comply with a ministerial direction.
(sec.13-ssec.1) The Minister may give Health and Wellbeing Queensland a written direction (a ministerial direction ) about the performance of its functions or the exercise of its powers.
(sec.13-ssec.2) However, the Minister may not give a ministerial direction about an employment matter relating to a particular person.
(sec.13-ssec.3) Health and Wellbeing Queensland must comply with a ministerial direction.
sec.14 Ministerial directions to prepare special report
sec.14 Ministerial directions to prepare special report
Without limiting section 13 (1) , the Minister may give Health and Wellbeing Queensland a ministerial direction to—
prepare a report (a special report ) about a matter the Minister considers relevant to Health and Wellbeing Queensland’s functions or powers; and
give the special report to the Minister.
However, the Minister may not give a ministerial direction about the content of a special report.
A special report may contain recommendations.
The Minister may publish a special report in a way the Minister considers appropriate.
(sec.14-ssec.1) Without limiting section 13 (1) , the Minister may give Health and Wellbeing Queensland a ministerial direction to— prepare a report (a special report ) about a matter the Minister considers relevant to Health and Wellbeing Queensland’s functions or powers; and give the special report to the Minister.
(sec.14-ssec.2) However, the Minister may not give a ministerial direction about the content of a special report.
(sec.14-ssec.3) A special report may contain recommendations.
(sec.14-ssec.4) The Minister may publish a special report in a way the Minister considers appropriate.
(a) prepare a report (a special report ) about a matter the Minister considers relevant to Health and Wellbeing Queensland’s functions or powers; and
(b) give the special report to the Minister.
pt.3 Board
Board
pt.3-div.1 Establishment, functions and powers
Establishment, functions and powers
sec.15 Establishment
sec.15 Establishment
A board is established as the governing body of Health and Wellbeing Queensland.
sec.16 Functions
sec.16 Functions
The board has the following functions—
to ensure the proper, efficient and effective performance of Health and Wellbeing Queensland’s functions;
to decide the objectives, strategies and policies to be followed by Health and Wellbeing Queensland;
to ensure Health and Wellbeing Queensland complies with its obligations under this Act or another law;
any other function given to the board under this Act or another Act.
(a) to ensure the proper, efficient and effective performance of Health and Wellbeing Queensland’s functions;
(b) to decide the objectives, strategies and policies to be followed by Health and Wellbeing Queensland;
(c) to ensure Health and Wellbeing Queensland complies with its obligations under this Act or another law;
(d) any other function given to the board under this Act or another Act.
sec.17 Powers
sec.17 Powers
The board has the power to do anything necessary or convenient to be done in performing its functions.
Without limiting subsection (1) , the board may give the chief executive officer a written direction about the performance of the officer’s responsibilities.
However, the board may not give a direction about an employment matter relating to a particular person.
Anything done in the name of, or for, Health and Wellbeing Queensland by the board, or with the authority of the board, is taken to have been done by Health and Wellbeing Queensland.
(sec.17-ssec.1) The board has the power to do anything necessary or convenient to be done in performing its functions.
(sec.17-ssec.2) Without limiting subsection (1) , the board may give the chief executive officer a written direction about the performance of the officer’s responsibilities.
(sec.17-ssec.3) However, the board may not give a direction about an employment matter relating to a particular person.
(sec.17-ssec.4) Anything done in the name of, or for, Health and Wellbeing Queensland by the board, or with the authority of the board, is taken to have been done by Health and Wellbeing Queensland.
pt.3-div.2 Membership
Membership
sec.18 Board members
sec.18 Board members
The board consists of the following persons (each a board member )—
at least 1, and not more than 4, chief executives;
at least 1, and not more than 6, other persons.
A board member must be appointed by the Governor in Council.
A board member mentioned in subsection (1) (b) must have qualifications or experience in at least 1 of the following areas—
law;
business or financial management;
public health;
academia;
community service organisations;
the not-for-profit sector;
another area the Minister considers relevant or necessary to support the board in performing its functions.
Also, at least 1 board member must be an Aboriginal person or a Torres Strait Islander.
(sec.18-ssec.1) The board consists of the following persons (each a board member )— at least 1, and not more than 4, chief executives; at least 1, and not more than 6, other persons.
(sec.18-ssec.2) A board member must be appointed by the Governor in Council.
(sec.18-ssec.3) A board member mentioned in subsection (1) (b) must have qualifications or experience in at least 1 of the following areas— law; business or financial management; public health; academia; community service organisations; the not-for-profit sector; another area the Minister considers relevant or necessary to support the board in performing its functions.
(sec.18-ssec.4) Also, at least 1 board member must be an Aboriginal person or a Torres Strait Islander.
(a) at least 1, and not more than 4, chief executives;
(b) at least 1, and not more than 6, other persons.
(a) law;
(b) business or financial management;
(c) public health;
(d) academia;
(e) community service organisations;
(f) the not-for-profit sector;
(g) another area the Minister considers relevant or necessary to support the board in performing its functions.
sec.19 Chairperson and deputy chairperson
sec.19 Chairperson and deputy chairperson
The Governor in Council may appoint—
a board member to be the chairperson of the board; and
another board member to be the deputy chairperson of the board.
A board member may be appointed as the chairperson or deputy chairperson at the same time the person is appointed as a board member.
A person holds office as chairperson or deputy chairperson for the term, ending not later than the person’s term of appointment as a board member, stated in the person’s appointment as chairperson or deputy chairperson.
The deputy chairperson must act as chairperson—
during a vacancy in the office of chairperson; and
during all periods when the chairperson is absent from duty or for another reason can not perform the duties of the office.
(sec.19-ssec.1) The Governor in Council may appoint— a board member to be the chairperson of the board; and another board member to be the deputy chairperson of the board.
(sec.19-ssec.2) A board member may be appointed as the chairperson or deputy chairperson at the same time the person is appointed as a board member.
(sec.19-ssec.3) A person holds office as chairperson or deputy chairperson for the term, ending not later than the person’s term of appointment as a board member, stated in the person’s appointment as chairperson or deputy chairperson.
(sec.19-ssec.4) The deputy chairperson must act as chairperson— during a vacancy in the office of chairperson; and during all periods when the chairperson is absent from duty or for another reason can not perform the duties of the office.
(a) a board member to be the chairperson of the board; and
(b) another board member to be the deputy chairperson of the board.
(a) during a vacancy in the office of chairperson; and
(b) during all periods when the chairperson is absent from duty or for another reason can not perform the duties of the office.
sec.20 Disqualification as board member
sec.20 Disqualification as board member
A person is disqualified from becoming, or continuing as, a board member if the person—
has a conviction, other than a spent conviction, for an indictable offence; or
is an insolvent under adminis
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