NORTHERN TERRITORY OF AUSTRALIA
MENZIES SCHOOL OF HEALTH RESEARCH ACT 1985
As in force at 1 January 2022
Table of provisions
Part I Preliminary
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
Part II Menzies School of Health Research
4 Establishment of School .................................................................. 2
5 Functions of School ......................................................................... 2
6 Powers of School............................................................................. 3
7 Members ......................................................................................... 4
8 Annual general meeting................................................................... 4
Part III Board
10 School to be controlled by Board..................................................... 5
11 Composition of Board ...................................................................... 5
12 Term of office .................................................................................. 6
13 Chairperson ..................................................................................... 6
14 Resignation of Board member ......................................................... 6
15 Vacation of office ............................................................................. 6
16 Disclosure of interest ....................................................................... 7
17 Meetings of Board ........................................................................... 8
18 Presiding at meetings ...................................................................... 9
19 Academic Standing Committee ....................................................... 9
20 Finance Committee ......................................................................... 9
21 Committees generally ...................................................................... 9
22 Annual report to be submitted to annual general meeting ............. 10
Part IV Finance
23 School not to be specified as agency for purposes of Financial
Management Act 1995 .................................................................. 10
25 School accounts ............................................................................ 10
26 Proper accounts to be kept............................................................ 10
27 Gifts etc. and trust funds ............................................................... 11
28 Investment ..................................................................................... 11
29 Variation of terms of trust or gift .................................................... 12
30 Financial accommodation .............................................................. 14
31 Budget and business plan ............................................................. 14
Menzies School of Health Research Act 1985 ii
32 Financial report .............................................................................. 15
Part V Appointments, &c.
33 Appointments of Director and staff ................................................ 15
34 Consultants may be engaged ........................................................ 16
Part VI Miscellaneous
35 Trading, &c., corporations ............................................................. 16
36 Delegation ..................................................................................... 16
37 Terms of contract and execution of documents............................. 16
38 Protection of members, Board members etc. ................................ 17
39 Re-election or re-appointment ....................................................... 17
40 Validity of proceedings .................................................................. 17
41 No discrimination ........................................................................... 18
42 Rules ............................................................................................. 18
Part VII Transitional matters
43 Transitional matters for Menzies School of Health Research
Act 1985 ........................................................................................ 19
44 Transitional matters for Menzies School of Health Research
Amendment Act 2016 .................................................................... 20
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 January 2022
MENZIES SCHOOL OF HEALTH RESEARCH ACT 1985
An Act to establish as a body corporate the Menzies School of Health
Research, and for related purposes
Part I Preliminary
1 Short title
This Act may be cited as the Menzies School of Health Research
Act 1985.
2 Commencement
This Act shall come into operation on a date to be fixed by the
Administrator by notice in the Gazette.
3 Definitions
In this Act, unless the contrary intention appears:
Board means the Board of the School.
Board member means a person holding office as a member of the
Board under section 11.
Chairperson means the Chairperson of the Board and includes the
Deputy Chairperson while he or she is acting as the Chairperson.
Charles Darwin University means the university of that name
established by the Charles Darwin University Act 2003.
Council means the Council of Charles Darwin University as
defined in section 3 of the Charles Darwin University Act 2003.
Deputy Chairperson means the Deputy Chairperson of the Board.
Director means the Director of the School and includes a person
for the time being acting in or performing the duties of the office of
the Director.
Part II Menzies School of Health Research
Menzies School of Health Research Act 1985 2
member means a Board member or a person appointed under
section 7 as a member of the School.
School means the Menzies School of Health Research established
by section 4(1).
Secretary means the person employed under section 33(5) as the
Secretary of the School.
Part II Menzies School of Health Research
4 Establishment of School
(1) There is hereby established a School by the name of the Menzies
School of Health Research.
(2) The School:
(a) is a body corporate with perpetual succession;
(b) shall have a common seal; and
(c) is capable, in its corporate name, of acquiring, holding and
disposing of real and personal property and of suing and
being sued.
(3) All courts, judges and persons acting judicially shall take judicial
notice of the common seal of the School affixed to a document and
shall assume that it was duly affixed.
5 Functions of School
The functions of the School are:
(a) to promote improvement in the health of all people in tropical
and central Australia by establishing and developing a centre
of scientific excellence in health research and health
education;
(b) to advance knowledge in the fields of health research and
health education, particularly in relation to human health, and
to seek and discover the origins and causes of diseases and
ill health;
(c) to use the knowledge so gained to improve methods of
prevention, diagnosis and the treatment of disease and ill
health in both humans and animals;
Part II Menzies School of Health Research
Menzies School of Health Research Act 1985 3
(d) to serve as a centre for learning and training in health
research and health education;
(e) to promote and encourage post graduate research into
matters relating to the functions of the School within Charles
Darwin University as a research school of that University or in
co-operation with other medical or educational institutions;
and
(f) such other functions as the Board thinks fit.
6 Powers of School
(1) Subject to this Act, the School has power to do all things that are
necessary or convenient to be done for or in connection with, or
incidental to, the performance of its functions and the exercise of its
powers.
(2) Without limiting the generality of subsection (1), the School may, for
the purpose of carrying out its functions or exercising its powers,
including a power conferred on it elsewhere in this Act:
(a) enter into contracts;
(b) purchase, take on lease or otherwise acquire and sell, grant
leases of or otherwise dispose of, real or personal property;
(c) erect buildings;
(d) occupy, use and control any land or building owned or held
under lease and made available for the purposes of the
School;
(e) act in association with an organization, society or other body
having similar functions or objectives to those of the School;
(f) obtain or raise money from any source by means of grants,
subsidies, subscriptions, gifts, bequests, public appeals or
other means;
(g) subject to section 30, borrow money either without security or
on the security of the whole or any part of the property of the
School;
(h) impose fees and other charges for services provided by the
School, including fees in relation to awards of the School and
tuition and examination fees;
(j) create, develop, apply for, obtain and hold intellectual and
industrial property and rights and enter into agreements or
Part II Menzies School of Health Research
Menzies School of Health Research Act 1985 4
arrangements for the commercial exploitation of any such
property and rights on such terms as to royalties, lump sum
payments or otherwise as the Board thinks fit;
(k) acquire property by way of gift inter vivos, bequest or devise
and agree to any condition, not inconsistent with the functions
of the School, attaching to any such gift, bequest or devise
and act as trustee; and
(m) except as provided by a condition agreed to by the Board on
its acquisition of property or the terms of a trust subject to
which property is held, invest the moneys of the School in
such investments, and in such manner, as the Board thinks fit.
7 Members
(1) The School shall consist of the Board members and the persons
appointed under this section as members.
(2) The Board may invite such persons as it thinks fit to be members of
the School.
(3) On the acceptance in writing of an invitation under subsection (2),
the Board shall appoint a person to be a member.
(4) A member who is not a Board member may resign his office as a
member by writing signed by him and delivered to the Secretary but
such resignation is not effective until accepted by the Board.
8 Annual general meeting
(1) An annual general meeting of members shall be held as soon as
practicable after the end of each financial year at such time and
place as the Board thinks fit.
(2) The business of the annual general meeting shall be to receive and
consider the statement of receipts and expenditure of the School,
the auditor's report on that statement and a report by the Board on
the work of the School.
(3) The manner of calling an annual general meeting and the
procedures relating to the conduct of the meeting shall be as
prescribed.
Part III Board
Menzies School of Health Research Act 1985 5
Part III Board
10 School to be controlled by Board
(1) The affairs of the School shall be conducted and controlled by the
Board.
(2) All acts and things done in the name or on behalf of the School by
or with the authority, express or implied, of the Board shall be
deemed to have been done by the School.
11 Composition of Board
(1) The Board consists of:
(a) the Director; and
(b) the Vice Chancellor of Charles Darwin University; and
(c) at least 5 Board members, but no more than 9 Board
members, appointed by the Council.
(2) The Council may appoint a person to be a Board member under
subsection (1)(c) only if:
(a) the Council is satisfied that the person has skills, knowledge
and experience in one or more of the following areas:
(i) commerce;
(ii) financial management or accounting;
(iii) law;
(iv) marketing;
(v) philanthropy;
(vi) scientific, biomedical or clinical health research; and
(b) the Council is satisfied that the person holds suitable
qualifications, or has suitable knowledge or experience
relating to the functions of the School.
(3) Each of the areas mentioned in subsection (2)(a) must be
represented at all times by the Board members appointed under
subsection (1)(c).
Part III Board
Menzies School of Health Research Act 1985 6
12 Term of office
(1) Subject to this Act, a Board member appointed under
section 11(1)(c) holds office for a term not exceeding 3 years, as
the Council thinks fit and specifies in the instrument of
appointment.
(3) Subject to this Act, a person appointed as a Board member under
section 11(1)(c) may be reappointed when the term of appointment
expires.
13 Chairperson
(1) The Board must nominate a Board member appointed under
section 11(1)(c) to be the Chairperson of the Board.
(2) The Board may nominate a Board member appointed under
section 11(1)(c) to be the Deputy Chairperson of the Board.
(3) The Council may confirm or refuse to confirm an appointment
made under subsection (1) or (2).
(4) No appointment made under subsection (1) or (2), or a term or
condition in respect of any such appointment, is in force or has
effect unless and until confirmed by the Council.
14 Resignation of Board member
A Board member appointed under section 11(1)(c) may resign as a
Board member by giving written notice to the Secretary.
15 Vacation of office
A Board member appointed under section 11(1)(c) vacates office:
(a) if the Board member becomes bankrupt, applies to take the
benefit of a law for the relief of bankrupt or insolvent debtors,
compounds with the Board member's creditors or makes an
assignment of the Board member's remuneration for the
Board member's benefit; or
(b) if the Board member is convicted in the Territory of an offence
punishable by imprisonment for 12 months or more, or is
convicted elsewhere than in the Territory of an offence which
if committed in the Territory would be an offence so
punishable; or
(c) if the Council receives a report from the Chief Health Officer,
based on advice from 2 medical practitioners, that as a result
of the member's mental illness, as defined in the Mental
Part III Board
Menzies School of Health Research Act 1985 7
Health and Related Services Act 1998, the Board member
has become incapable of performing the duties of a Board
member and is unlikely to be able to perform the duties for the
remainder of the Board member's term of appointment; or
(d) if the Board member is absent for reasons other than illness
or other unavoidable cause from 2 consecutive ordinary
meetings of the Board of which reasonable notice has been
given to the Board member personally or by post and the
Board member is not, before the expiration of 6 weeks after
the last of those meetings, excused by the Board for being
absent from those meetings; or
(e) if the Board member resigns from office; or
(f) if the Board member knowingly contravenes or fails to comply
with section 16.
16 Disclosure of interest
(1) A Board member who has a direct or indirect pecuniary interest in:
(a) a matter being considered or about to be considered at a
meeting of the Board; or
(b) a thing being done or about to be done by the Board,
otherwise than as a member of, and in common with the other
members of, an incorporated company consisting of not less than
25 members and of which he is not a director shall, as soon as
possible after the relevant facts have come to his knowledge,
disclose the nature of the interest at a meeting of the Board.
(2) A disclosure by a Board member at a meeting of the Board that he:
(a) is a member, or is in the employment, of a specified company
or other body;
(b) is a partner, or is in the employment, of a specified person; or
(c) has some other specified interest relating to a specified
company or other body or a specified person,
shall be deemed to be a sufficient disclosure of the nature of the
interest in any matter or thing relating to that company or other
body, or to that person, which may arise after the date of the
disclosure.
(3) The Board shall cause particulars of all disclosures made under
this section to be recorded in a book kept for the purpose and that
Part III Board
Menzies School of Health Research Act 1985 8
book shall be open at all reasonable times to inspection by any
person on payment of such fee, if any, as is determined from time
to time by the Board.
(4) After a Board member has, or shall be deemed to have, disclosed
the nature of an interest in a matter or thing pursuant to this
section, he shall not, unless the Board (in the absence of that
Board member) otherwise determines:
(a) be present during any deliberation of the Board, or take part in
a decision of the Board, in relation to that matter; or
(b) exercise a function under this Act in relation to that thing.
(5) A contravention of or non-compliance with this section does not
invalidate a decision of the Board or the exercise of a power or
performance of a function under this Act.
(6) Nothing in this section applies to or in relation to an interest of a
Board member in a matter or thing which arises by reason only of
his being a medical practitioner.
(7) A reference in this section to the Board includes a reference to a
committee of the Board and a reference to a Board member
includes a reference to a member of a committee of the Board who
is not a Board member.
17 Meetings of Board
(1) The Chairperson shall call such meetings of the Board as are
necessary for the exercise of its powers and the performance of its
functions but so that the number of meetings held in a financial
year is not less than 2.
(2) The Chairperson shall call a meeting of the Board if requested to
do so by not less than 50% of the Board members for the time
being holding office.
(3) At a meeting of the Board:
(a) 50% of the Board members for the time being holding office
constitute a quorum;
(b) questions arising shall be determined by a majority of the
votes of the Board members present and voting and, in the
event of an equality of votes, the matter shall be deferred for
consideration at the next meeting of the Board to be held on a
subsequent day and, in the event of an equality of votes at
that next meeting, the matter shall be taken to have been
defeated; and
Part III Board
Menzies School of Health Research Act 1985 9
(c) subject to this Act and the Rules made under section 42, the
Board shall determine the procedure to be followed at or in
connection with the meeting.
18 Presiding at meetings
(1) Subject to subsection (2), the Chairperson or, in his absence, the
Deputy Chairperson shall preside at all meetings of the Board at
which he is present.
(2) In the absence of the Chairperson or Deputy Chairperson, the
Board members present at a meeting of the Board shall elect an
acting chairperson and that person may exercise the powers and
shall perform the functions of the Chairperson for that meeting.
19 Academic Standing Committee
(1) The Board shall establish an Academic Standing Committee
consisting of the Director, one other Board member and such other
persons as the Vice-Chancellor of Charles Darwin University
recommends should be appointed to the Committee.
(2) The Academic Standing Committee shall advise the Board on all
academic appointments and promotions and on such matters
relating to the academic activities of the School as the Committee
thinks fit or on which the Board requests advice.
(3) The Academic Standing Committee shall advise the Board on
arrangements for an external review of the academic and scientific
activities of the School which review shall be conducted at intervals
not exceeding 5 years.
20 Finance Committee
(1) The Board must establish a Finance Committee.
(2) Subject to the direction and control of the Board, the Finance
Committee shall report to the Board on the financial position of the
School, and on the management of the School's funds, at such
intervals as the Board requires.
21 Committees generally
(1) The Board may establish such other committees as it thinks fit.
(2) A person may be appointed as a member of a committee
established under this section or sections 19 or 20 whether or not
he is a Board member.
Part IV Finance
Menzies School of Health Research Act 1985 10
(3) Unless the Board otherwise directs, the Director shall be a member
of each committee established by the Board.
22 Annual report to be submitted to annual general meeting
As soon as practicable after the end of each financial year, the
Board shall submit an annual report on the work, and the audited
statement of receipts and expenditure, of the School for the
financial year to the annual general meeting referred to in
section 8(1) and to the Council.
Part IV Finance
23 School not to be specified as agency for purposes of Financial
Management Act 1995
The School is not, and is not capable of being, an Agency within
the meaning and for the purposes of the Financial Management
Act 1995.
25 School accounts
(1) Subject to this Part, the Board must open and maintain the account
or accounts with an ADI or ADIs as it thinks fit.
(2) There shall be paid to the credit of the account or accounts referred
to in subsection (1) all moneys received by the School.
(3) Subject to the terms of a trust, money in an account referred to in
subsection (1) shall be applied by or with the authority of the Board
only for the purposes of the School.
26 Proper accounts to be kept
(1) The Board shall cause to be kept proper accounts and records of
the transactions and affairs of the School and shall do all things
necessary to ensure that all payments out of the moneys of the
School are correctly made and properly authorized and that
adequate control is maintained over the assets of, or in the custody
of, the School and over the incurring of liabilities by the School.
(2) The Board must provide the Council with quarterly accounts of the
operations of the School.
Part IV Finance
Menzies School of Health Research Act 1985 11
27 Gifts etc. and trust funds
(1) In exercising its powers to acquire, hold, deal with or dispose of real
or personal property, the School may agree to and carry out the
conditions of a gift, grant, bequest, devise, purchase, lease or other
means whereby it acquires or holds property.
(2) The Board may create and administer trust funds or other funds:
(a) in connection with real or personal property held by it in
accordance with subsection (1); or
(b) for any other purpose,
as it thinks fit.
(3) If money is received by the School in accordance with
subsection (1), it must be paid into a fund established by the Board
under subsection (2) for that purpose.
(4) If:
(a) a fund referred to in subsection (3) is wound up; or
(b) the School ceases to be endorsed as a deductible gift
recipient under the Income Tax Assessment Act 1997 of the
Commonwealth,
the Board must transfer the balance of the fund (after paying the
fund's liabilities, if any) to a fund, authority or institution that is
endorsed as a deductible gift recipient under the Income Tax
Assessment Act 1997 of the Commonwealth.
28 Investment
(1) The Board may establish such investment common funds for the
collective investment of trust or other moneys of or in the custody of
the School as it thinks fit.
(2) The Board may from time to time, without liability for breach of
trust, bring into or withdraw from the investment common fund the
whole or any part of moneys of the School trust moneys or other
moneys held by or in the custody of the School.
(3) Subject to subsections (4) and (5), the Board shall periodically
distribute the income of each investment common fund among the
funds participating in the common fund, having regard to the extent
of the participation of each fund in the common fund during the
relevant accounting period.
Part IV Finance
Menzies School of Health Research Act 1985 12
(4) Where moneys received by the Board to be expended for a stated
purpose have been brought into an investment account but cannot,
or will not immediately, be expended for that purpose, the Board
may pay into the general funds of the School the whole or any part
of that part of the income of that investment common fund that is
attributed to the participation of those moneys in that fund and
which are not required for that stated purpose.
(5) The Board may, as it thinks fit, add such portion of the income of
an investment account as it thinks fit to the capital of the common
fund or use such portion of that income as it thinks fit to establish or
augment a fund or funds as a provision against capital depreciation
or reduction of income.
(6) Moneys of the School (whether forming part of a common fund or
not), including moneys held on trust or subject to a condition, may
be invested by the Board in an investment that the Treasurer is
permitted to invest in under section 29 of the Financial
Management Act 1995.
(7) A power conferred on the Board by this section, or by a rule relating
to investment of property, shall not be exercised by the Board in
relation to a trust fund or other moneys where:
(a) the investment creating the trust expressly directs to the
contrary; or
(b) the exercise of the power would constitute a breach of a
condition under which the fund or moneys in question was or
were acquired.
29 Variation of terms of trust or gift
(1) In this section approved scheme means a scheme, with or without
modification, approved under subsection (3) by the Council.
(2) Where property is held by the School on terms requiring it or the
income from the property to be applied for a purpose or purposes
and:
(a) the purpose or all or any of the purposes has or have been
effected;
(b) the purpose or all or any of the purposes has or have ceased
to exist;
(c) the purpose or all or any of the purposes has or have been
adequately provided for by other means;
Part IV Finance
Menzies School of Health Research Act 1985 13
(d) the purpose or all or any of the purposes is or are uncertain or
cannot be identified or is or are not sufficiently defined;
(e) it becomes impossible, impracticable or inexpedient to carry
out the purpose or all or any of the purposes; or
(f) the property or income from the property proves inadequate to
carry out the purpose or all or any of the purposes,
the Board may, subject to this section, cause to be prepared a
scheme by which that property or any part or residue of that
property shall be held on terms requiring the property or the income
from the property to be applied for the purpose or purposes
designated in the scheme.
(3) A scheme under subsection (1) shall be submitted by the Board to
the Council and on receipt of the scheme the Council may:
(a) by notice in the Gazette:
(i) approve the scheme; or
(ii) approve the scheme with such modifications as he
thinks fit; or
(b) by notice in writing to the Board, refuse to approve the
scheme.
(4) Where, in relation to property or a part or residue of property held
by the School there is in existence an approved scheme, the
property, part or residue shall, in accordance with the approved
scheme, be diverted from the purpose or purposes for which it was
held and shall be held for the purpose or purposes as designated in
the approved scheme.
(5) In selecting a purpose for an approved scheme or for an
amendment of an approved scheme, the School shall have a
preference for a purpose which, in its opinion, is as nearly similar to
the purpose or purposes for which the property concerned is, for
the time being, held by the School as is consistent with useful and
convenient achievement but such a scheme or amendment shall
not be invalidated or otherwise prejudiced by reason only that
another purpose may have more properly been selected by the
Board in accordance with this subsection.
(6) On its publication in the Gazette judicial notice shall be taken of an
approved scheme and of all amendments of the scheme.
Part IV Finance
Menzies School of Health Research Act 1985 14
(7) The powers conferred by this section are in addition to any other
power or right exercisable in law in relation to property held by the
School on trust.
30 Financial accommodation
(1) Subject to subsection (2), for the purpose of providing financial
accommodation for enabling the School to perform its functions,
the Board may, with the prior approval of the Council and the
Treasurer, obtain advances by way of loan:
(a) from the Treasurer;
(aa) from Charles Darwin University;
(b) on overdraft from an ADI; or
(c) from any other person, on such security at such rate of
interest and subject to such other terms and conditions as the
Board, with the approval of the Council and the Treasurer,
thinks fit.
(2) The Board may, without the prior approval of the Council and the
Treasurer, obtain an advance by way of loan on overdraft from an
ADI where the aggregate of that advance and all other such
advances on overdraft from that or any other ADI obtained without
the prior approval of the Council and the Treasurer does not
exceed $50,000.
31 Budget and business plan
The Board shall:
(a) within 3 months of the commencement of each financial
year – adopt a budget for the financial year for all funds of the
School, other than those to which paragraph (b) relates, and
shall approve all amendments to the budget, and shall control
the expenditure of the School so that it conforms as nearly as
practicable to the approved budget;
(aa) within 3 months of the commencement of each financial
year – approve a business plan for the financial year; and
(b) review annually funds available to the School by way of
bequest, donation or special grant and the expenditure
thereof, and shall, subject to the terms of a trust and before
any such expenditure is made, approve the proposed
disposition of those funds.
Part V Appointments, &c.
Menzies School of Health Research Act 1985 15
32 Financial report
(1) The Director must, within 3 months after the end of a financial year:
(a) prepare a report of the operations of the School during the
financial year; and
(b) forward the report to the Auditor-General.
(2) The Auditor-General must:
(a) audit the report forwarded under subsection (1)(b); and
(b) forward the report and the report of the audit to the Minister
and the Council.
(3) The report of the Auditor-General under subsection (2) must
accompany the report that he or she prepares under section 39(6)
of the Charles Darwin University Act 2003.
Part V Appointments, &c.
33 Appointments of Director and staff
(1) Subject to subsection (4) and section 43(4), the Board must, on
such terms and conditions as it thinks fit, appoint a Director who
must, subject to the directions of the Board, be responsible to the
Board for the financial and administrative management of the
School, including the direction of all clinical, medical and scientific
research and the teaching programmes of the School.
(2) The Council may confirm or refuse to confirm an appointment
made under subsection (1) or a term or condition in respect of such
appointment.
(3) No appointment made under subsection (1), or a term or condition
in respect of any such appointment, is in force or has effect unless
and until confirmed by the Council.
(4) The appointment of the Director must not be terminated except by
a resolution at a meeting of the Board passed by a majority of not
less than two-thirds of the Board members entitled to be present at
the meeting and to vote on the resolution.
(5) The Board may employ, on such terms and conditions as it thinks
fit, such other persons as it thinks necessary for the purposes of
the School.
Part VI Miscellaneous
Menzies School of Health Research Act 1985 16
34 Consultants may be engaged
The Board may engage consultants to the School and make such
arrangements to be provided with advice as it thinks fit.
Part VI Miscellaneous
35 Trading, &c., corporations
The Board may establish by registration in the Territory or
elsewhere, or participate in the establishment of, such trading,
research or other corporation as it thinks fit for the purpose of
promoting or assisting, or in connection with the functions of, the
School.
36 Delegation
(1) The Board and, subject to the directions of the Board, the Director
may, by instrument in writing, delegate to a person any of its or his
powers and functions under this Act, other than this power of
delegation and, in the case of the Board, the power to make Rules
under section 42.
(2) A power or function delegated under this section, when exercised
or performed by the delegate, shall, for the purposes of this Act, be
deemed to have been exercised or performed by the Board or the
Director, as the case may be.
(3) A delegation under this section does not prevent the exercise of a
power or the performance of a function by the Board or the
Director.
(4) Where a power or function is delegated under this section by the
Board to a member of the staff of the School, that power or function
shall be deemed to have been delegated to the Director also.
37 Terms of contract and execution of documents
(1) A deed, instrument, contract or agreement relating to any property
or matter which, if made or executed by an individual, would by law
be required to be in writing under seal may be made on behalf of
the School in writing under the common seal of the School.
(2) An instrument, contract or agreement relating to any property or
matter which, if made by or between individuals would be required
to be in writing signed by the parties to be charged therewith, may
be made on behalf of the School in writing by a person acting under
the authority, express or implied, of the Board.
Part VI Miscellaneous
Menzies School of Health Research Act 1985 17
(3) A contract relating to any property or matter which, if made
between individuals, would by law be valid although made by parol
only (and not reduced to writing) may be made on behalf of the
School by a person acting under the authority, expressed or
implied, of the Board.
(4) A contract entered into or an instrument, contract or agreement
signed in relation to any property or obligation of the School shall
be deemed to have been entered into or signed with the express
authority of the Board if it is entered into or signed in accordance
with a resolution of the Board for the time being in force.
38 Protection of members, Board members etc.
No action or proceeding, civil or criminal, shall be commenced or lie
against a member or Board member for or in respect of an act or
thing done or omitted to be done in good faith:
(a) by him in his capacity as a member or Board member; or
(b) the School or the Board,
in the exercise or purported exercise of a power, or the
performance or purported performance of a function, under this
Act.
39 Re-election or re-appointment
Nothing in this Act shall prevent a person from being, at any time,
re-appointed to an office or place under this Act if he is otherwise
qualified or capable of holding that office or place.
40 Validity of proceedings
No proceedings of the Board or of a committee of the Board, and
no act done by the Director or a delegate of the Board or the
Director, shall be invalidated by reason only of:
(a) a defect in the appointment or nomination of, or of a
disqualification of, a member or such a person;
(b) a defect in the convening or conduct of a meeting of the
Board or a committee of the Board;
(c) there being a vacancy in the membership of the Board or a
committee of the Board;
(d) the fact that a person purporting to be a member of the Board
or a committee of the Board by virtue of an office held by him
did not hold that office;
Part VI Miscellaneous
Menzies School of Health Research Act 1985 18
(e) the fact that a person purporting to be a member of the Board
or a committee of the Board was not such a member; or
(f) a contravention of or noncompliance with section 16 by a
member of the Board or a committee of the Board.
41 No discrimination
The School shall not discriminate against or in favour of a person
on the grounds of that person's sex, religion, race, physical
disability or political beliefs.
42 Rules
(1) The Board may make rules, not inconsistent with this Act,
prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or
giving effect to this Act,
and in particular in relation to:
(c) the meetings of the Board and the members;
(d) the qualifications of the Director;
(e) the functions of the Chairperson, Deputy Chairperson and
Secretary;
(f) the committees of the School and of the Board;
(g) the meetings of committees established under section 21 or
the Rules;
(h) annual and other periodic reports;
(j) the control of access to and use of land and buildings
occupied by the School, including the control of vehicular and
other traffic on such land and the parking of vehicles; and
(k) the imposing of penalties, not exceeding $50, for a
contravention of or failure to comply with the Rules.
(2) Sections 63A to 63C of the Interpretation Act 1978 do not apply to
Rules under this section.
Part VII Transitional matters
Menzies School of Health Research Act 1985 19
(3) The Board shall, as soon as practicable publish in the Gazette a
notice of the making of Rules under this section and of the place
where copies of the Rules may be purchased or otherwise
obtained.
(4) Rules made under this section take effect from the date of
publication of the notice under subsection (3) or, where a date later
than the date of publication of that notice is provided for in the
Rules, from the date so provided.
Part VII Transitional matters
43 Transitional matters for Menzies School of Health Research
Act 1985
(1) In this section:
Authority means the University Planning Authority established by
the University (Interim Arrangements) Act 1980.
existing School means the Menzies School of Health Research
declared under the University (Interim Arrangements) Act 1980, by
instrument dated 17 January 1983 made under that Act by the
Authority, to be established.
(2) The persons who, immediately before the commencement of this
Act, constituted the Board of the existing School shall, on that
commencement and until the expiration of 6 months after that
commencement, but subject to this Act, constitute the Board of the
School and shall be Governors for the purposes of this Act.
(3) The persons who, immediately before the commencement of this
Act, were the Chairman and Deputy Chairman of the Board of the
existing School shall, on and after that commencement until the
election of the first Chairman and Deputy Chairman under
section 13 of this Act, but subject to this Act, be the Chairman and
Deputy Chairman respectively of the Board of the School.
(4) The person who was, immediately before the commencement of
this Act, the Director of the existing School shall, on and after that
commencement, but subject to this Act, be the Director and shall
be employed by the School on the same terms and conditions as
applied to and in relation to him immediately before that
commencement.
Part VII Transitional matters
Menzies School of Health Research Act 1985 20
(5) Subject to subsection (6), all property and rights held on behalf and
for the use of the existing School immediately before the
commencement of this Act shall, on that commencement, by virtue
of this section and without further assurance, be vested in the
School.
(6) All property and rights held in trust for or for a purpose of the
existing School immediately before the commencement of this Act
shall, on and after that commencement, by virtue of this section
and without further assurance, be vested in and may be used and
applied by the School for or for a purpose of the School subject to
the same terms and conditions on which it or they were held in trust
for the existing School and all documents relating to such property
or rights shall be construed, with the necessary changes, as if the
School were the existing School and the trust property had vested.
(7) All agreements (including contracts of employment) entered into by
or on behalf or for the benefit or purposes of the existing School
and in force immediately before the commencement of this Act,
and whether or not the rights, liabilities and obligations under those
agreements could be assigned, shall have effect as if the School
were a party to or affected by the agreement instead of the
Authority or the existing School and as if, in relation to anything to
be done on or after that commencement, for every reference
(however worded and whether expressed or implied) in such an
agreement to:
(a) the Authority or the existing School, there were substituted a
reference to the School; and
(b) a member or officer or employee of the Authority or the
existing School, there were substituted a reference to a
corresponding member or officer or employee of the School.
(8) No person shall be liable for a duty, fee or other charge in relation
to the transfer or vesting of property effected by subsection (5)
or (6) or an agreement affected by subsection (7).
44 Transitional matters for Menzies School of Health Research
Amendment Act 2016
(1) The person who was, immediately before the commencement of
the amending Act, the Director, continues to be the Director after
the commencement.
Part VII Transitional matters
Menzies School of Health Research Act 1985 21
(2) In this section:
amending Act means the Menzies School of Health Research
Amendment Act 2016.
commencement means the commencement of the amending Act.
ENDNOTES
Menzies School of Health Research Act 1985 22
ENDNOTES
1 KEY Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Menzies School of Health Research Act 1985 (Act No. 60, 1985)
Assent date 12 December 1985
Commenced 16 December 1985 (Gaz S77, 16 December 1985)
Statute Law Revision Act 1988 (Act No. 66, 1988)
Assent date 22 December 1988
Commenced 22 December 1988
Financial Management (Consequential Amendments) Act 1995 (Act No. 5, 1995)
Assent date 21 March 1995
Commenced 1 April 1995 (s 2, s 2 Financial Management 1995 (Act No. 4,
1995) and Gaz S13, 31 March 1995)
Trustee (Consequential Amendments) Act 1996 (Act No. 8, 1996)
Assent date 20 March 1996
Commenced 26 February 1996 (s 2, s 2 Trustee Amendment Act (No. 2)
1995 (Act No. 60, 1995) and Gaz G7, 14 February 1996, p 2)
Financial Institutions (Miscellaneous Amendments) Act 1997 (Act No. 23, 1997)
Assent date 2 June 1997
Commenced 2 June 1997
Territory Insurance Office (Miscellaneous Amendments) Act 1998 (Act No. 37, 1998)
Assent date 27 May 1998
Commenced 27 May 1998
Mental Health and Related Services (Consequential Amendments) Act 1999 (Act No. 11,
1999)
Assent date 25 March 1999
Commenced 1 February 2000 (Gaz G3, 26 January 2000, p 2)
ENDNOTES
Menzies School of Health Research Act 1985 23
Corporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)
Assent date 29 June 2001
Commenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,
2001) and Cth Gaz S285, 13 July 2001)
Statute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002)
Assent date 13 September 2002
Commenced 30 October 2002 (Gaz G43, 30 October 2002, p 3)
Menzies School of Health Research Amendment Act 2003 (Act No. 46, 2003)
Assent date 29 August 2003
Commenced 1 January 2004 (s 2)
Statute Law Revision Act 2007 (Act No. 4, 2007)
Assent date 8 March 2007
Commenced 8 March 2007
Menzies School of Health Research Amendment Act 2016 (Act No. 18, 2016)
Assent date 8 June 2016
Commenced 17 October 2016 (Gaz S107, 17 October 2016, p 1)
Statute Law Revision Act 2017 (Act No. 4, 2017)
Assent date 10 March 2017
Commenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)
Interpretation Amendment Act 2021 (Act No. 28, 2021)
Assent date 15 December 2021
Commenced 1 January 2022 (s 2)
3 SAVINGS AND TRANSITIONAL PROVISIONS
s 23 Menzies School of Health Research Amendment Act 2003 (Act No. 64,
2003)
4 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 15, 23, 28, 32, 42 and 43.
5 LIST OF AMENDMENTS
s 3 amd No. 66, 1988, s 8; No. 46, 2003, s 4; No. 18, 2016, s 4
s 5 amd No. 66, 1988, s 8; No. 46, 2003, s 5
s 6 amd No. 66, 1988, s 8; No. 46, 2003, s 6
s 7 amd No. 46, 2003, s 7
s 9 rep No. 46, 2003, s 8
s 11 sub No. 46, 2003, s 9; No. 18, 2016, s 5
s 12 amd No. 46, 2003, ss 10 and 22; No. 18, 2016, s 6
s 13 sub No. 46, 2003, s 11
amd No. 18, 2016, s 7
s 14 amd No. 46, 2003, s 22
sub No. 18, 2016, s 8
s 15 amd No. 11, 1999, s 4; No. 46, 2003, s 22; No. 18, 2016, s 9
ENDNOTES
Menzies School of Health Research Act 1985 24
ss 16 – 18 amd No. 46, 2003, s 22
s 19 amd No. 46, 2003, s 12
s 20 amd No. 46, 2003, s 13
s 21 amd No. 46, 2003, s 22
s 22 amd No. 46, 2003, s 14; No. 18, 2016, s 15
s 23 sub No. 5, 1995, s 19
s 24 rep No. 46, 2003, s 15
s 25 amd No. 23, 1997, s 6; No. 37, 1998, s 4; No. 38, 2002, s 6; No. 4, 2017, s 34
s 26 amd No. 46, 2003, s 16; No. 18, 2016, s 15
s 27 amd No. 46, 2003, s 17
s 28 amd No. 8, 1996, s 3; No. 46, 2003, s 18
s 29 amd No. 18, 2016, s 10
s 30 amd No. 38, 2002, s 6; No. 46, 2003, s 19; No. 18, 2016, s 15
s 31 amd No. 46, 2003, s 20
s 32 sub No. 5, 1995, s 19; No. 46, 2003, s 21; No. 18, 2016, s 15
s 33 amd No. 46, 2003, s 22; No. 18, 2016, s 11
s 35 amd No. 17, 2001, s 21
s 38 amd No. 46, 2003, s 22
s 42 amd No. 46, 2003, s 22; No. 4, 2007, s 7; No. 28, 2021, s 20
pt VII hdg ins No. 18, 2016, s 12
s 43 amd No. 18, 2016, s 13
s 44 ins No. 18, 2016, s 14