Objects and scope

• The Foundation’s statutory objects are to contribute to the development of a fair and equitable justice system which addresses community legal needs and to improve access to justice, in particular for economically and socially disadvantaged people (s 5(1)). The Act then lists enabling activities that are not exhaustive, such as research, collecting and disseminating information, sponsoring projects to facilitate access to justice, and promoting education about the justice system (s 5(2)(a)-(d)). These are the functional mandates that tie the Foundation’s activities to its Fund and grant‑making powers.

Corporate continuity, identity and non‑Crown status

• The Foundation is constituted as a body corporate (s 4(1)), is explicitly the same legal entity as the former Law Foundation (s 4(2)), and is stated not to represent the Crown (s 4(4)). Continuity of assets and staff is provided by Schedule 3 (Part 2), which carries over the Fund, staff and (subject to reappointment processes) eligibility for office (Schedule 3, cll 5-7).

Governance architecture

• Board: 8 members (sch 1 cl 2). Seven appointed by the Attorney General with defined composition: four with "special expertise" (social sciences, justice system, consumer issues, needs of disadvantaged people, legal practice), one Opposition nominee, and two legal practitioners appointed from panels of six nominated by the Bar Association and Law Society respectively (sch 1 cl 2(2)). The Director is the ex‑officio eighth member (sch 1 cl 2(3)). The Chair is appointed by the Attorney General from among members (sch 1 cl 5).
• Director: appointed by the Board to a term not exceeding five years, eligible for reappointment; the Director manages the Foundation’s affairs under Board directions and acts as a Board member (s 10, s 11, sch 2 cl 1, sch 2 cl 5). The Director may not be Chairperson (sch 1 cl 5(2)).

Financial architecture and limits

• The Fund consists of the former Foundation’s assets, money from the Public Purpose Fund, borrowings, investments and other receipts (s 14). Payments from the Fund include administrative charges and grants to carry out the Foundation’s objects (s 15). The Foundation may invest money in trustee‑authorised investments under the Trustee Act 1925 or per trust instruments where applicable (s 16). The Foundation may borrow, accept gifts, act as trustee, print and distribute information, and provide grants (s 6).

Accountability and transparency

• Financial controls require proper accounts and records (s 17), an annual external audit by a registered company auditor (s 18), and an annual report to be prepared and made publicly inspectable that the Attorney General lays before Parliament (s 19). Board minutes and disclosure records are required (sch 1 cl 14, sch 1 cl 17(3)).

Procedural, membership and conflict rules

• The Board sets policy and manages affairs subject to this Act (s 7(2)). Meetings require a quorum of five (sch 1 cl 10). Decisions by majority vote are binding (sch 1 cl 12). Members must disclose direct or indirect pecuniary interests at meetings where the interest appears to create a potential conflict (sch 1 cl 17(1)). After disclosure the member must not be present at deliberations or take part in decisions on the matter unless the Minister otherwise determines; particulars must be recorded in a book open for inspection on payment of a Board‑determined fee (sch 1 cl 17(3)-(4)).

Delegation and committees

• The Board may establish advisory committees composed of Board members or external persons (s 8). The Foundation may delegate functions by instrument in writing, and the delegate may sub‑delegate if authorised in writing (s 12).

Regulatory and transitional provisions

• The Governor may make regulations not inconsistent with the Act for matters required or convenient to give effect to the Act (s 22). Schedule 3 contains savings and transitional provisions following repeal of the 1979 Act, including that actions of the former Board are taken to have been done by the new Board (Schedule 3, cl 4).

Directly affected parties

• The Board members and Director: appointment, tenure, duties and removal mechanisms are central. Seven appointed members are selected by the Attorney General, with specified nomination channels for three positions (sch 1 cl 2). The Director is appointed by the Board (s 10, sch 2 cl 1) and is a Board member (sch 1 cl 2(3)). Both the Attorney General and the Board retain termination powers: the Attorney General may terminate any appointed member at any time (sch 1 cl 18(1)); the Board may remove the Director at any time (sch 2 cl 3(1)).

• Staff engaged or employed by the Foundation: The Foundation may employ staff as necessary and such staff are expressly excluded from the operation of the Government Sector Employment Act 2013 (s 9(1)). The Foundation may, with Ministerial approval, use services of persons employed in a Public Service agency on arranged terms (s 9(2)).

• Legal professional bodies and Opposition: The Law Society of New South Wales and the New South Wales Bar Association have structured nomination rights for two practising‑lawyer Board seats, and the Leader of the Opposition nominates one member; that creates formal roles for those organisations in selecting specific Board members (sch 1 cl 2(2)(b)-(d)).

• Beneficiaries and grant recipients: Entities and individuals with projects, research or activities furthering the Foundation’s objects are potential recipients of funds. The Fund may disburse grants to carry out the objects of the Foundation (s 15(d)).

Indirectly affected parties

• The Public Purpose Fund under the Legal Profession Uniform Law Application Act 2014: a source of money flowing into the Foundation Fund is the Public Purpose Fund (s 14(b); definition of Public Purpose Fund in s 3). That creates a statutory link to the profession‑funding regime established elsewhere.

• Donors and testators: The Foundation may accept gifts, devises and bequests, and may act as trustee (s 6(b)). Terms of trust instruments will constrain how trust funds may be invested (s 16).

• The Attorney General, Parliament and the public: The Attorney General has appointment and reporting functions: laying the annual report before both Houses (s 19(3)), appointing seven Board members, and calling the first meeting (sch 1 cl 19). The public has inspection rights of the annual report at the Foundation’s office and access to the Board’s disclosure book subject to a fee set by the Board (s 19(2), sch 1 cl 17(3)).

Groups exposed to governance or process constraints

• Aboriginal people and Torres Strait Islander representation is explicitly mandated in composition rules: at least one of the four specialist appointees must be an Aboriginal person or Torres Strait Islander (sch 1 cl 2(4)). This affects nomination and appointment processes.

• Individuals convicted of offences with sentences of 12 months or more face automatic vacancy conditions for Board or Director office if conviction occurs (sch 1 cl 8(g), sch 2 cl 4(f)). Bankruptcy, mental incapacity and failure to attend meetings are also grounds for vacancy (sch 1 cl 8(a), (d), (e), (f)).

Administrative actors and oversight

• The Foundation interacts with the Auditor regime under the Corporations Act because the Act requires a registered company auditor to perform the audit (s 18). The Governor’s regulations power (s 22) places the Executive in a position to make delegated rules consistent with the Act.

Who pays

• Financial obligations described by the Act are met from the Fund (ss 13-15). That includes administrative costs, borrowing, grants and other expenditures listed in s 15. The composition of the Fund includes Public Purpose Fund transfers, borrowings, investments and any donations (s 14).

Board duties and powers

• Policy and management: The Board is to determine policies for implementing the Foundation’s objects and, subject to s 11, to conduct and manage the Foundation’s affairs, and perform any other functions conferred by this or another Act (s 7(2)). Schedule 1 sets meeting procedures, quorum rules, voting and minute keeping duties (sch 1 cll 10-15). The Board may establish advisory committees consisting of Board members or external persons (s 8).

• Financial stewardship: The Board oversees the Fund (ss 13-16). It can borrow money and determine securities for borrowings (s 6(d)). The Board is responsible for ensuring proper accounts and records are maintained and that payments are correctly authorised (s 17).

Director duties and rights

• Day‑to‑day management: The Board appoints the Director (s 10(1)). The Director must conduct and manage the affairs of the Foundation in accordance with any directions of the Board (s 11(1)). Anything done by the Director in the name of the Foundation is treated as done by the Foundation (s 11(2)), which centralises operational agency in the Director.

• Term, remuneration and removal: The Director holds office for a term specified in the appointment instrument up to five years and is eligible for reappointment (sch 2 cl 1). Remuneration, allowances and superannuation conditions are determined by the Board (sch 2 cl 2). The Board may remove the Director at any time and specifically may remove the Director for contravening the pecuniary interest disclosure clause (sch 2 cl 3).

Members’ duties and rights

• Appointment, tenure and remuneration: Appointed members (other than the Opposition member) hold office for a term not exceeding 3 years, are eligible for reappointment, and may act on expiry until successor appointment or three months (sch 1 cl 4). Appointed members are entitled to remuneration, travelling and subsistence allowances as the Board determines (sch 1 cl 7).

• Disclosure obligations: A member with a direct or indirect pecuniary interest that appears to raise a conflict must disclose the nature of the interest at a Board meeting as soon as the facts are known (sch 1 cl 17(1)). After disclosure, the member must not be present during deliberation or decision on that matter unless the Minister otherwise determines (sch 1 cl 17(4)). Particulars of disclosures must be recorded in a book open for inspection on payment of a Board‑determined fee (sch 1 cl 17(3)).

Financial duties and rights

• Fund composition and use: The Fund is property of the Foundation and maintained by it (s 13). The Fund includes former Foundation assets, money from the Public Purpose Fund, borrowings, investments and other receipts (s 14). Payments from the Fund may be used to meet administration costs and to make grants for the Foundation’s objects (s 15).

• Investment powers: The Foundation may invest money in any investment in which a trustee may invest trust funds under the Trustee Act 1925, and for money held on trust, in any manner authorised by the instrument creating the trust (s 16). This subjects investment choices to the trust law regime and to terms of specific trusts.

Transparency and reporting duties

• Accounts and audit: The Foundation must keep proper accounts and records and ensure adequate control over assets and liabilities (s 17). The accounts must be audited annually by a registered company auditor within the meaning of the Corporations Act 2001 (s 18).

• Annual report and parliamentary laying: The Foundation must prepare an annual report showing a true and correct view of its financial position and transactions for the 12 months ending 30 June; the report must be available for public inspection at the Foundation’s office and is laid before both Houses of Parliament by the Attorney General (s 19(1)-(4)). The report is taken to be laid and may be printed by the Clerk when presented to the Clerk during a parliamentary recess (s 19(4)-(5)).

Delegation and committees

• Delegation: The Foundation may delegate functions in writing, except the power of delegation itself; delegates may sub‑delegate only if authorised in writing by the Foundation (s 12).

Rights of public inspection and parliamentary oversight

• Members of the public have the right to inspect the annual report at the Foundation office at reasonable hours (s 19(2)). The Board’s disclosure book is open for inspection by any person on payment of a fee determined by the Board (sch 1 cl 17(3)). The Attorney General must lay the annual report before Parliament (s 19(3)).

Statutory removal and vacancy mechanisms

• Disqualification and vacancy triggers: The Act specifies non‑criminal mechanisms that lead to vacancy of office for appointed members and the Director, including death, completion of term, resignation, failure to attend three consecutive meetings without leave, bankruptcy, mental incapacity, conviction of an offence punishable by 12 months or more imprisonment, cessation of required qualifications, and in the case of the Opposition member, appointment of a successor (sch 1 cl 8, sch 2 cl 4). These provisions operate as administrative enforcement by operation of law.

• Termination powers: The Attorney General may terminate the membership of an appointed member at any time (sch 1 cl 18(1)). The Board may remove the Director at any time (sch 2 cl 3(1)). The Board may remove the Director for contravening the pecuniary interest disclosure clause (sch 2 cl 3(2)) and may terminate membership for contravening the disclosure clause (sch 1 cl 18(2) in relation to cl 17).

Conflict disclosure enforcement and effect on decisions

• Disclosure obligations: Members must disclose a pecuniary interest and, after disclosure, must not be present at deliberation or take part in decisions on the matter unless the Minister otherwise determines (sch 1 cl 17(1), (4)). The Act makes explicit that a contravention of clause 17 does not invalidate any decision of the Board (sch 1 cl 17(5)). That limits the legal remedy available to challenge Board decisions based solely on disclosure breaches.

Audit and reporting enforcement

• Annual audit requirement: The Foundation must have accounts audited annually by a registered company auditor (s 18). Non‑compliance would expose the Foundation to governance and accountability consequences, including Parliamentary scrutiny when the annual report is laid before both Houses (s 19(3)). The Act does not specify criminal penalties for audit or reporting breaches.

Regulatory instruments

• Regulations: The Governor may make regulations not inconsistent with the Act for matters required or convenient to give effect to the Act (s 22). The Act does not list specific regulatory sanctions; any regulatory enforcement powers would depend on the content of regulations made under s 22.

Criminal law interplay

• Conviction consequences: A conviction for an offence punishable by imprisonment for 12 months or more is a statutory ground for vacancy in office (sch 1 cl 8(g), sch 2 cl 4(f)). The Act does not itself create substantive criminal offences tied to Board or Director conduct; instead, it links criminal convictions under other laws to removal or vacancy consequences.

Practical enforcement architecture

• The principal enforcement levers under the Act are administrative: appointment and removal by the Attorney General or Board, statutory vacancy triggers, and recording of disclosures and minutes. Auditing and parliamentary reporting create oversight channels rather than specific statutory fines or criminal sanctions within this Act.

Expression of cross‑statutory links in the Act

• Trustee Act 1925 and trust law: Investment powers are framed by the Trustee Act 1925 for trustee investments; money held on trust must be invested in any manner authorised by the instrument creating the trust (s 16). That directly subjects the Foundation’s investment decisions to the trustee investment regime and any trust instrument constraints.

• Corporations Act 2001 and audit regulation: The audit requirement calls for a registered company auditor within the meaning of the Corporations Act 2001 (s 18). This imports Corporations Act definitions and auditor registration standards into the Foundation’s audit regime.

• Legal Profession Uniform Law Application Act 2014: The Act defines "Public Purpose Fund" by reference to s 48 of the Legal Profession Uniform Law Application Act 2014 (s 3). Money paid out of the Public Purpose Fund is a specified component of the Foundation Fund (s 14(b)). That creates a funding pipeline governed by the legal profession funding rules established elsewhere.

• Government Sector Employment Act 2013: The Act expressly excludes Foundation staff and appointed members from the operation of provisions of the Government Sector Employment Act 2013 in relation to employment of Public Service employees (s 9(1); sch 1 cl 6; sch 2 cl 1). This maintains separate employment terms for Foundation staff and the Director, and permits secondments with Ministerial approval (s 9(2)).

• Repealed legislation and transitional continuity: The Act repeals the Law Foundation Act 1979 (s 20(1)). Schedule 3 contains savings and transitional provisions that preserve continuity of the Fund, staff, and give effect to actions of the former Board by treating them as done by the new Board (Schedule 3 cll 4-6). Those transitional rules are statutory links to the abolished Act.

Regulations and delegated legislation

• The Governor may make regulations to prescribe matters required or convenient to give effect to the Act (s 22). The Act therefore interacts with the delegated instruments regime, and operational detail may be supplied by regulations not inconsistent with the Act. The Act carries marginal notes indicating regulations may contain savings or transitional provisions consequent on enactment (Schedule 3 Part 1 cl 1).

Administrative and parliamentary procedures

• Annual report laying: The Attorney General is required to lay the annual report before both Houses of Parliament (s 19(3)). Where a House is not sitting, the Attorney General may present copies to the Clerk, and the report is taken to have been laid (s 19(4)-(5)). This imports parliamentary accountability procedures into the Foundation’s reporting cycle.

Nomination and institutional interaction

• The Act creates nomination roles for the Law Society of NSW and the NSW Bar Association (sch 1 cl 2(2)(c)-(d)), and for the Leader of the Opposition (sch 1 cl 2(2)(b)). Those nomination mechanisms formalise interaction between the Foundation and those political and professional institutions.

Limits on external legislation

• The Act makes express statements about the non‑application of certain Public Service employment rules to Foundation staff and members (s 9(1), sch 1 cl 6, sch 2 cl 1). That creates a boundary between public sector employment law and the Foundation’s internal employment regime.

The Act text contains internal marginal amendment annotations. The Act itself records a number of amendments to specific provisions, and notes to schedules indicate amendment instruments and years. The following items are recorded in the Act text provided:

• Section 3 (definitions) shows amendment citations: Am 2005 No 98, Sch 3.38 [1] [2]; 2015 No 7, Sch 2.26. That indicates s 3 was amended by those instruments and schedules recorded in the marginal notes.

• Section 4 shows an amendment citation: Am 2001 No 34, Sch 4.28 [1].

• Section 9 includes an amendment note: Am 2015 No 15, Sch 3.38 [1] [2]. That is recorded adjacent to s 9.

• Section 18 shows an amendment citation: Am 2001 No 34, Sch 4.28 [2].

• Section 19 includes an amendment citation: Am 2003 No 40, Sch 1.23.

• Section 22 was inserted with an amendment note: Ins 2001 No 56, Sch 1.7 [1].

• Schedule 1 contains a header note listing multiple amendment citations: Am 2001 No 56, Sch 1.7 [2]; 2001 No 112, Sch 1.17 [1]-[6]; 2006 No 30, Sch 9.8; 2015 No 15, Sch 3.38 [3]. These marginal notes indicate multiple amending instruments affected Schedule 1 at the referenced times.

• Schedule 2 contains an amendment note: Am 2015 No 15, Sch 3.38 [4].

• Section 21 is marked as repealed with citation: Rep 2003 No 82, Sch 3.

• Schedule 4 is marked as repealed with a citation: Rep 2003 No 82, Sch 3.

• Schedule 3 sets out savings and transitional provisions consequent upon the repeal of the earlier Act, and thus documents the transitional linkage to the 1979 Act.

The marginal notes are the only amendment record present in the provided Act text. The Act itself does not list the full text of amending statutes or the policy reasons for amendments. Practitioners seeking the precise drafting changes, repeal dates, insertion dates and the text as amended over time should consult the statutory instruments referenced in the marginal notes and the official consolidated version of the Act. The Act text supplied here contains the in‑text amendment citations required to trace those changes.

The Act, as provided, contains no judicial decisions, annotations or case citations within its text. The statute itself does not cite any cases or report any judicial interpretation. The text therefore provides no internal litigation history or examples of how courts have construed particular provisions, nor does it identify any challenges or judicial reviews relating to appointment, disclosure, Fund management, or other operational provisions.

For practitioners requiring authoritative judicial treatment of the Act’s provisions, relevant searches outside the Act are necessary. Key issues likely to attract litigation or judicial consideration, based on the Act’s structure, include: challenges to appointment or termination decisions by the Attorney General or the Board, disputes about fiduciary duties when the Foundation acts as trustee, challenges to investment decisions under trustee investment powers, disputes about disclosure obligations of members, and judicial review of administrative acts performed by the Foundation or its delegates. None of these issues appear within the Act text as litigated examples.

Because the Act imports other legal regimes, judicial interpretation may also arise by reference to those regimes, for example: the meaning and scope of "registered company auditor" under the Corporations Act 2001 in the context of s 18, or trust law principles and the Trustee Act 1925 in applying s 16. The provided statutory text does not list or summarise any such cases.

Practitioners should therefore treat the Act as a statutory framework and consult legal repositories, authorised reporters and databases for any case law that interprets these specific provisions or the ancillary regimes the Act incorporates. The Act itself does not supply litigation history.

Appointment concentration and nomination mechanics

• Seven of eight Board seats are appointed by the Attorney General (sch 1 cl 2(2)). Two practising lawyer seats are to be filled from panels of six nominated by the Bar Association and the Law Society respectively (sch 1 cl 2(2)(c)-(d)), and one seat is to be a person nominated by the Leader of the Opposition (sch 1 cl 2(2)(b)). The Attorney General therefore controls the formal appointment process, including selecting from nomination panels or appointing substitutes where nominations are not submitted in time (sch 1 cl 2(5)). That centralisation of appointment authority shapes governance outcomes and makes appointment process compliance critical for nominating bodies.

Disclosure register access

• The particulars of pecuniary interest disclosures must be recorded in a book and that book is open at all reasonable hours for inspection by any person, but subject to payment of a fee determined by the Board (sch 1 cl 17(3)). The fee is Board‑determined rather than prescribed by Parliament, meaning transparency access is subject to an internal Board decision. Practitioners should confirm the current fee and access arrangements.

Non‑application of public service employment law

• The Act explicitly excludes the Government Sector Employment Act 2013 from applying to Foundation staff and to appointed members (s 9(1); sch 1 cl 6; sch 2 cl 1). That means standard public service employment protections and procedures do not apply. However, the Foundation may use Public Service staff with Ministerial approval and by arrangement (s 9(2)). Entities considering secondments or shared services must follow the approval process.

Director dual role and Chair exclusion

• The Director is a Board member (sch 1 cl 2(3)) and is central to day‑to‑day operations (s 11), but the Director may not be appointed Chairperson or act in that office (sch 1 cl 5(2)). This separation of executive and chair roles is a structural governance requirement.

Contravention of disclosure rule does not invalidate decisions

• If a member contravenes the disclosure clause, such a contravention does not invalidate any Board decision (sch 1 cl 17(5)). That limits avenues for invalidating Board actions where procedural disclosure failures occur, while preserving other administrative remedies or termination powers. Practitioners challenging Board decisions should note this statutory bar to automatic invalidation.

Remuneration determined internally

• Appointed members and the Director are paid remuneration, allowances and superannuation as determined by the Board (sch 1 cl 7; sch 2 cl 2). The Board therefore sets its own remuneration framework within statutory bounds. This is an internal governance mechanism that may attract public scrutiny but is authorised by the Act.

Public Purpose Fund linkage

• The Fund may include money paid out of the Public Purpose Fund, defined by reference to s 48 of the Legal Profession Uniform Law Application Act 2014 (s 3, s 14(b)). The Foundation is therefore partially reliant on an external statutory fund that is governed by a separate Act. Practitioners should review that Act for conditionality and timing of transfers.

Bookkeeping, audit and reporting timelines

• The annual report must be prepared as soon as practicable after 30 June but on or before 31 December each year (s 19(1)). The accounts must be audited annually by a registered company auditor (s 18). Failing to comply with these deadlines or audit requirements triggers governance and parliamentary reporting consequences.

Delegation formalities

• Delegations must be by instrument in writing and sub‑delegation is only permitted where the first delegate is authorised in writing by the Foundation to sub‑delegate (s 12). Be cautious when implementing delegation chains; the statutory formalities must be met to ensure valid exercise of functions.

Acting appointments and validation protections

• Acting Director appointments include a non‑justiciability protection: the validity of any act done by a purported acting Director may not be questioned in proceedings on the ground the occasion for appointment had not arisen (sch 2 cl 5(4)). That provides operational continuity but means procedural defects in acting appointments are not readily attackable in court.

Transitional and continuity traps

• The Act continues the former Foundation as the same legal entity (s 4(2)), continues the Fund (Schedule 3 cl 5) and treats acts of the former Board as acts of the new Board (Schedule 3 cl 4). This confirms continuity of obligations, rights and assets, but also means legacy trust instruments, contractual obligations and liabilities transfer automatically. Practitioners should check historical trust instruments and prior contracts for retained obligations.

Quorum and decision‑making

• The Board quorum is five members (sch 1 cl 10). With eight seats, casual absences can compromise the ability to meet or to obtain representative voting, particularly where recusal under conflict rules reduces participating members. Practical scheduling and alternate member arrangements should be considered (sch 1 cl 3).

Fee for inspection and public access

• The annual report must be available for inspection at the Foundation’s office at reasonable hours by any member of the public (s 19(2)). The Board however retains control over access to the disclosure book via a fee. Confirm current access policies to manage public information requests.

Governance and appointments

• Follow the statutory appointment processes: seven appointed members by the Attorney General with the specified composition requirements and nomination channels (sch 1 cl 2). Ensure nomination panels from the Bar and Law Society meet the procedural timeframes required by the Attorney General, or risk the Attorney General appointing an alternative qualified person (sch 1 cl 2(5)). Ensure the Director appointment instrument specifies the term (up to five years) and sets out remunalatory arrangements as decided by the Board (s 10, sch 2 cl 1, sch 2 cl 2).

Minutes, meetings and quorum

• Maintain accurate minutes of Board meetings and ensure quorum of five members for meetings to be valid (sch 1 cll 10, 14). Implement procedures to manage absences, alternate member appointments and acting Director appointments under Schedule 1 cl 3 and Schedule 2 cl 5 where needed.

Conflicts of interest and disclosure

• Implement a standardised process for declaring pecuniary interests at meetings, record particulars in the statutory disclosure book, and ensure members who have disclosed an interest do not participate in deliberations or decisions on that matter unless the Minister otherwise determines (sch 1 cl 17(1), (3)-(4)). Ensure the disclosure book is maintained and available for public inspection on payment of the Board‑determined fee, and keep the fee schedule up to date.

Financial controls and accounting

• Keep proper accounts and records for all operations, maintain authorisation controls for payments, and ensure adequate asset and liability controls as required by s 17. Appoint a registered company auditor each year to conduct the audit in accordance with s 18. Ensure audit workpapers and responses to audit queries are retained.

Annual reporting and parliamentary requirements

• Prepare the annual report as soon as practicable after 30 June and no later than 31 December, ensuring the report exhibits a true and correct view of the Foundation’s financial position and transactions for the financial year (s 19(1)). Make the report available for inspection at the Foundation office (s 19(2)), and ensure timely provision to the Attorney General so the Attorney General can lay it before Parliament (s 19(3)-(5)).

Fund management, investments and trust compliance

• Treat Fund monies as the Foundation’s property, segregate Fund accounts where appropriate, and apply the Trustee Act 1925 limits and any trust instrument directions to investment decisions (ss 13-16). Where the Foundation receives monies held on trust, comply with the trust instrument’s authorization for investments (s 16). Document investment policies to demonstrate compliance with trustee duties and record decisions and rationales.

Borrowing and debt management

• If the Foundation borrows money, ensure borrowings are approved by the Board in accordance with its determination of security and other terms (s 6(d)). Maintain records of borrowings and securities.

Delegations and committees

• Make delegations by instrument in writing and record sub‑delegations only where authorised in writing by the Foundation (s 12). Establish committee charters where the Board establishes advisory committees and document any non‑member appointees and their terms (s 8).

Employment and secondments

• When employing staff, note that the Government Sector Employment Act 2013 does not apply to Foundation staff (s 9(1)), however when using services of Public Service employees obtain Ministerial approval where required and record terms arranged with the Public Service agency (s 9(2)). Ensure contracts and employment arrangements are compliant with applicable industrial laws and statute.

Regulatory compliance

• Monitor regulations made under s 22 for any prescriptive requirements that affect operations. Because the Governor may make regulations for matters required or convenient to give effect to the Act, ensure the Foundation’s compliance framework incorporates any relevant regulations.

Records retention and public access

• Keep the disclosure register and minutes available for inspection per the Act (sch 1 cl 17(3); sch 1 cl 14). Maintain a system to respond to public inspection requests for the annual report (s 19(2)) and to process requests for the disclosure book with fee collection as determined by the Board.

Transitional and legacy documentation

• For continuity from the former Law Foundation, preserve and review all legacy trust instruments, contracts and staff records carried over under Schedule 3 to confirm ongoing compliance obligations and to identify any instruments that limit investment or grant powers (Schedule 3 cll 4-7).

Practical checklist

• Maintain up‑to‑date appointment instruments for members and Director specifying terms.
• Codify a conflict disclosure procedure and keep the disclosure book current and accessible.
• Ensure annual accounts prepared, audited by a registered company auditor, and annual report drafted and made available and lodged with the Attorney General for Parliamentary laying.
• Adopt and document investment policy consistent with trustee obligations and any trust instrument limits.
• Record delegations by written instrument and maintain delegation registers.
• Set Board‑determined fees and remuneration resolutions in Board minutes and make these available as required.
• Review regulatory instruments made under s 22 and integrate them into governance procedures.

Following these steps aligns operations with the statutory text, and documents compliance choices in ways that can be evidenced to auditors, the Attorney General and Parliament as required by ss 17-19 and the governance schedules.