Preventive Health SA Act 2024

The Act pivots on a handful of statutory concepts that structure duties, exclusions and administrative design.

• Objects and key principle. Section 3 lists the objects of the Act and the key principle. The objects primarily relate to preventing non-communicable disease and improving health equity (s 3(1)(a)-(c)), and to providing leadership and embedding preventive health in statutory governance (s 3(1)(d)-(e)). The key principle directs focus to individual, social and commercial systems shaping behaviours relevant to tobacco and vaping, alcohol and other drugs, obesity, unhealthy diets, physical inactivity and poor mental health (s 3(2)). The objects and key principle operate as statutory guideposts the Chief Executive and Council must further or have regard to (s 7(3)(b); s 7(5)).

• Chief Executive and Office. The Chief Executive is the person appointed under the Public Sector Act 2009 to lead the administrative unit designated by Gazette notice as the Office for Preventive Health SA (definition of Chief Executive; s 6(1)). The Chief Executive holds broad operational powers to undertake, commission, fund and evaluate programs, to collect and share population-level health data, to commission research and community education initiatives, and to advise government and make public statements (s 7(1)(a)-(l)).

• Preventive Health SA Council. The Council is a statutory advisory body comprised of the Chief Executive ex officio and at least eight appointed members, including at least two Aboriginal and Torres Strait Islander persons (s 12(2)). Membership must collectively cover areas such as epidemiology, Aboriginal wellbeing, cultural leadership, health equity, preventive policy or programs, clinical translation and finance/economics (s 12(3)). The Council’s functions are advisory and strategic: it advises on data, research, the strategic plan, stakeholder consultation, monitoring implementation and reporting, and may perform other functions assigned by the Minister (s 16).

• Designated interest and relevant industry. The Act bars anyone who has a designated interest from appointment to the Council (s 12(4)). The 2025 amendment introduced the concept of a designated interest as a direct interest in a “relevant industry” (s 4 as amended). A relevant industry is defined as the pharmaceutical, food, alcohol or tobacco industry (s 4). A direct interest includes employment by, providing services to, or receiving grants or other funding from an entity involved in a relevant industry (s 4). The Act also extends these rules to associates of members (s 13B(1)), and imposes an annual declaration duty (s 13A).

• Procedural and oversight mechanisms. The Act requires a strategic plan prepared in consultation with the Minister and Council, to be published online and reviewed every four years (s 9). It requires an annual report to the Minister by 30 September for the prior financial year and immediate tabling within six sitting days (s 10). The Chief Executive may delegate functions in writing to competent entities, and the Council may do likewise (ss 11 and 18). Ministerial directions to the Chief Executive must be in writing and are limited so they cannot interfere with certain functions (s 8(2)-(3)).

• Interaction with other Acts. The Act is expressly “in addition to” and does not derogate from other law (s 5). It references other Acts where functions may be carried out (s 7(1)(l)) and cross-references the Public Sector Acts for employment and ethical duties (definition of Chief Executive; note to s 13B).

These concepts structure who may occupy powerful advisory roles, how public statements and policy advice may be produced and made public, how conflicts tied to industry relationships are managed, and how accountability is intended to operate through statutory plans, reports and limited ministerial direction.

The Act allocates new duties and creates new decision nodes. The principal actors affected are the Chief Executive and staff of the Office for Preventive Health SA, members of the Preventive Health SA Council, the Minister and Premier, public sector agencies, Aboriginal and Torres Strait Islander persons and representative bodies, populations requiring priority consideration for preventive health, and entities within the defined relevant industries.

• Chief Executive and the Office: The Chief Executive will be the central implementer and aggregator of preventive health functions (s 7). The Premier and Minister are engaged in the Chief Executive’s appointment and oversight: the Premier must consult the Council before acting under the Public Sector Act 2009 to engage or transfer the Chief Executive, or to terminate employment (s 6(2)). The Chief Executive’s functions include commissioning programs, making grants, collecting and sharing population-level data and advising the Minister and other agencies (s 7(1)(a)-(k)). Accordingly, staff in the designated administrative unit will face obligations associated with those functions and with delegation arrangements (s 11).

• Preventive Health SA Council members: Members are appointed by the Minister on the Chief Executive’s recommendation and must collectively have knowledge across enumerated fields (s 12(2)-(3)). At least two members must be Aboriginal and Torres Strait Islander persons (s 12(2)). A person who has a designated interest in a relevant industry cannot be appointed (s 12(4)). Members must make annual declarations that they do not have designated interests (s 13A), and the Act extends the bar to members whose associates have designated interests (s 13B(1)). Members will be subject to duties under the Public Sector (Honesty and Accountability) Act 1995 as noted by the Act (note to s 13B).

• Minister and Premier: The Minister appoints Council members and the Chair after consulting the Chief Executive (s 12(2), (5)), may remove members at any time (s 13(3)), gives written directions to the Chief Executive within prescribed limits (s 8(2)-(3)), and determines resourcing for the Office after consultation with the Chief Executive (s 20). The Premier must consult the Council before acting under the Public Sector Act 2009 in relation to the Chief Executive’s employment (s 6(2)).

• Public sector agencies: The Act anticipates cross-agency consultation and the embedding of preventive health considerations into significant policies. The Chief Executive may develop procedures to ensure they are consulted and involved in government agency policy development where preventive health impacts are relevant (s 7(4)). Thus agencies will interact with the Office and may face requests for engagement, data sharing and joint policy development.

• Aboriginal and Torres Strait Islander persons and representative bodies: The Act mandates consultation and collaboration with Aboriginal and Torres Strait Islander persons and representative bodies when the Chief Executive performs functions related to those populations (s 7(2)). The Council must include at least two Aboriginal and Torres Strait Islander members and advise on their health and wellbeing (s 12(2), s 12(3)(b)-(c), s 16).

• Entities in relevant industries and those that fund or contract with public health bodies: The 2025 amendments (s 4, ss 13A-13B) bar persons with direct interests in the pharmaceutical, food, alcohol or tobacco industries from Council membership (s 12(4); s 4). The concept of direct interest explicitly includes employment by, provision of services to, and receiving grants or other funding from entities in those industries (s 4). Therefore, professionals with funding ties or service contracts involving these industries are affected when considering eligibility for Council membership. The Act also treats associates’ interests as potential disqualifiers (s 13B(1)).

• Researchers, universities and service providers: Because the Chief Executive may commission research, support sharing of population-level data, and fund programs (s 7(1)(f)-(i)), researchers and service providers who wish to engage with the Office should expect contracting opportunities but also to be caught by the Act’s governance, disclosure and delegation framework.

The Act therefore changes the compliance landscape for both public sector actors and private or non-governmental entities that engage with preventive health policy and programs, particularly where industry funding or service relationships exist with the defined relevant industries.

The Act imposes duties and affords rights that allocate decision-making, reporting and disclosure obligations across the Chief Executive, the Council, the Minister and other agencies.

Duties of the Chief Executive

• Undertake, commission, support, monitor and evaluate policies, programs and services aimed at improving physical and mental health and improving health equity (s 7(1)(a)).
• Make grants or commission strategies for preventing non-communicable conditions and improving health equity in partnership with government and non-government bodies (s 7(1)(b)).
• Develop partnerships and engage stakeholders; lead community education to increase awareness and modify behaviour (s 7(1)(c)-(e)).
• Monitor and report on investment, expenditure, benefits and economic impacts of preventive health measures, including productivity impacts (s 7(1)(f)).
• Collect and support sharing of population-level data and analyses to inform evidence-based practice (s 7(1)(g)).
• Commission and support collaborative research and innovation, and publish reports and independent public statements to promote preventive health priorities (s 7(1)(h)-(k)).
• Carry out other functions assigned by the Minister or under other Acts, including specific named Acts such as the Controlled Substances Act 1984 and the Tobacco and E‑Cigarette Products Act 1997 where relevant (s 7(1)(l)).
• Consult and collaborate with Aboriginal and Torres Strait Islander persons and their representative bodies where functions relate to those populations (s 7(2)).
• Prepare a strategic plan in consultation with the Minister and the Council, publish it online, and comprehensively review it at least once every four years (s 9).

Rights and constraints of the Chief Executive

• The Chief Executive “must, in performing the Chief Executive's functions, act independently, impartially and in the public interest” (s 8(1)), which is a statutory duty to exercise judgment independently.
• The Minister may give written directions to the Chief Executive (s 8(2)), but such directions are expressly prohibited from relating to (a) making grants under s 7(1)(b), (b) commissioning or leading community education initiatives under s 7(1)(e), (c) monitoring and reporting under s 7(1)(f), (d) data sharing under s 7(1)(g), or (e) developing or publishing reports or public statements under s 7(1)(k) (s 8(3)). Those exclusions protect certain functions from ministerial direction.

Duties and limits for the Council

• Advise the Chief Executive on matters relating to the Act’s objects, existing and emerging data and research, and opportunities for innovation in preventive health action (s 16(1)(a)-(b)).
• Advise on development, consultation and monitoring of the strategic plan, and on reporting designed to raise awareness (s 16(1)(c)-(e)).
• Meet with the Minister at least twice a year, along with the Chief Executive, to discuss operations, effectiveness and resourcing for preventive health and for the Office’s functions (s 16(2)(a)-(c)).
• The Council may establish committees, delegate functions and determine procedures within statutory minimums (ss 17-19).

Duties for Council members regarding interests

• A person with a designated interest cannot be appointed to the Council (s 12(4)).
• Prospective appointees must provide a declaration in the form determined by the Chief Executive declaring absence of designated interests (s 12(4a)).
• Members must give an annual declaration within 30 days of 1 July each year stating they do not have designated interests (s 13A).
• A member is taken to have a designated interest if an associate has such an interest (s 13B(1)), and where a member claims unawareness in proceedings, the burden is on the member to prove lack of awareness (s 13B(2)).

Ministerial and executive duties

• The Minister appoints Council members on the Chief Executive’s recommendation (s 12(2)). The Minister must appoint a Chair after consultation with the Chief Executive (s 12(5)).
• The Minister determines remuneration and conditions for members (s 15), determines resourcing for the Chief Executive after consultation (s 20), and must table the Chief Executive’s annual report within six sitting days of receipt (s 10(2)).
• The Minister may remove a Council member at any time, for any reason the Minister thinks fit (s 13(3)). This confers a broad executive power of removal.

Delegation rights

• The Chief Executive may delegate any function to an entity the Chief Executive considers competent, delegations must be in writing, revocable, possibly conditional and may be further delegated if the instrument so provides (s 11(1)-(3)).
• The Council can delegate functions under the same constraints, but must notify members and the Minister of delegations within seven days (s 18).

Reporting and transparency duties

• The strategic plan must be published on a website determined by the Chief Executive (s 9(2)(d)).
• The annual report must be provided by 30 September and tabled in Parliament within six sitting days (s 10).

Rights implied by silence and by statute

• The Act contains no explicit private-law rights or entitlements to funding for external parties. It gives the Chief Executive delegable grant-making powers (s 7(1)(b)) but does not create enforceable entitlements to grants in the text. The Minister and Chief Executive retain discretion in appointment, removal, resource determination, grant-making and delegation subject to statutory constraints. The Act is explicit that it does not derogate from other law (s 5), preserving existing legal rights and duties under other Acts.

These duties and rights create operational rules, disclosure burdens and decision-making boundaries that parties must observe in practice. The Act blends statutory independence for the Chief Executive with significant ministerial and executive appointment and resourcing controls.

The Act contains limited direct penal provisions. It primarily frames administrative duties, reporting obligations and governance controls rather than express criminal offences or civil penalties. The enforcement architecture therefore relies on administrative mechanisms, public transparency and the broader public sector accountability framework.

Absence of express offences

• The Act does not create specific criminal offences, pecuniary penalties or civil penalty regimes for non-compliance with its provisions. There is no schedule of sanctions for failing to prepare the strategic plan, missing the annual reporting deadline, or failing to provide declarations at the times required. Those obligations are framed as statutory duties (ss 7, 9, 10, 13A) rather than as offences.

Administrative remedies and controls

• Removal power: The Minister may remove a Council member from office at any time for any reason the Minister thinks fit (s 13(3)). This is a direct executive enforcement tool available to the Minister to address conduct or non-compliance by members.
• Delegation revocability: Delegations by the Chief Executive or the Council are revocable at will (ss 11(2)(c); 18(2)(c)). That revocability operates as a control over delegates’ performance of functions.
• Reporting to Parliament: The statutory requirement that the Chief Executive provide an annual report to the Minister by 30 September and that the Minister lay it before both Houses within six sitting days (s 10) creates parliamentary oversight and reputational enforcement. Failure to table the report could prompt parliamentary scrutiny or political consequences, though the Act itself does not prescribe a sanction for non-performance.
• Disclosure and declarations: Council members must make annual declarations concerning designated interests (s 13A), and the burden lies on a member to prove unawareness where an associate’s interest is at issue in proceedings (s 13B(2)). While the Act does not specify a penalty for false or missing declarations, the note to s 13B states that duties under Part 2 Division 2 of the Public Sector (Honesty and Accountability) Act 1995 apply to members. That Act provides public sector integrity mechanisms external to this statute, but the Preventive Health SA Act itself relies on those external regimes for sanction.

Regulation-making power that could create enforceable rules

• The Governor may make regulations “necessary or expedient for the purposes of” the Act (s 21(1)). Regulations may be of general or limited application, provide for saving or transitional matters, and allow that a matter may be determined at the discretion of a specified entity (s 21(2)). Importantly, the regulations may provide for a code of conduct to be observed by members of the Council (s 21(3)). The regulations thus create a vehicle for future enforceable obligations, and potentially for sanctions or disciplinary processes, though none are specified in the principal Act.

Interaction with other enforcement regimes

• The Act retains that it is in addition to other law (s 5). The note to s 13B points to duties of advisory body members under the Public Sector (Honesty and Accountability) Act 1995 applying to Council members. Those duties and any associated enforcement mechanisms under that Act are available avenues for enforcement beyond what this Act itself prescribes.

Procedural protections and limits on ministerial power

• The Minister may give written directions to the Chief Executive, but certain functions are insulated from such directions (s 8(3)), creating a statutory barrier to ministerial interference in specified activities. Where disputes arise over whether a direction improperly impinges on excluded functions, the absence of express penalty provisions in this Act means remedies would likely arise through administrative law challenges or sectoral oversight rather than offence-based enforcement.

In short, the Act uses administrative control levers, transparency obligations and cross-reference to existing public sector accountability regimes, rather than an internal punitive scheme. Future regulations may expand enforcement modalities, including codes of conduct and their consequences, but the Act itself places emphasis on administrative remedies, ministerial removal powers and parliamentary reporting as the primary accountability mechanisms.

The Act creates a framework intended to operate alongside existing statutory regimes. It contains express cross-references and preserves other legal obligations.

Non-derogation clause

• Section 5 states the Act is “in addition to, and does not derogate from, any other Act or law.” That means existing statutory obligations, powers and duties remain in force, and the Preventive Health SA Act functions on top of existing legal frameworks rather than replacing them.

Public Sector Act 2009 link

• The Chief Executive is defined as the person engaged (or assigned to act) under the Public Sector Act 2009 as the Chief Executive of the administrative unit designated as the Office for Preventive Health SA (definition of Chief Executive, s 4). Section 6(2) also requires the Premier to consult the Council before acting under the Public Sector Act 2009 to engage, transfer or terminate the Chief Executive. Those provisions link the Act to Public Sector Act processes governing public service appointments and employment, and add a consultative requirement into those employment actions.

Public Sector (Honesty and Accountability) Act 1995

• The Act includes a note at s 13B drawing members to duties under Part 2 Division 2 of the Public Sector (Honesty and Accountability) Act 1995, and s 13B references the term “associate” as defined in section 2(1a) of that Act. This cross-reference imports into Council members’ obligations the ethical and honesty duties from that Act, and extends the reach of “designated interests” rules to associates as defined under that regime.

Other substantive law references

• Section 7(1)(l) expressly contemplates that the Chief Executive may carry out functions assigned under other Acts: the Controlled Substances Act 1984, Public Intoxication Act 1984 and the Tobacco and E‑Cigarette Products Act 1997 are specifically named. That signals the Office will have functions that interact with regulatory schemes governing substances, intoxication and tobacco/e-cigarette products. Any exercise of functions under those Acts must be consistent with those Acts’ provisions.

Regulatory delegation and discretion

• Section 21 permits regulations that allow certain matters to be “determined according to the discretion of a specified entity” (s 21(2)(d)). That creates a mechanism by which subordinate legislation could allocate decision-making to other entities, subject to the usual limits on the making of delegated legislation. Regulations may also provide for codes of conduct for Council members (s 21(3)), thereby creating a statutory link between this Act and regulatoryly prescribed codes.

Transitional and amendment interactions

• The Legislative history records a 2025 amendment, Preventive Health SA (Council Governance) Amendment Act 2025, which inserted and varied multiple provisions concerning designated interests, membership qualifications, declarations and governance (Legislative history). The Schedule 1 transitional provision associated with that amendment requires current members to provide declarations in the form determined by the Chief Executive as soon as reasonably practicable. Those transitional rules create immediate interaction between the new disclosure regime and standing membership.

Parliamentary oversight and tabling obligations

• Section 10 requires the Chief Executive to provide an annual report to the Minister by 30 September and the Minister to lay the report before both Houses within six sitting days (s 10(1)-(2)). That ties the Office’s reporting to Parliament’s oversight mechanisms. Failure to table reports may have parliamentary consequences governed by parliamentary practice.

Implications of “in addition to” and specific references

• By declaring the Act is “in addition to” other law (s 5), the statute avoids creating implied exclusivity, meaning duties under other health, privacy, public sector and data-sharing statutes continue to apply. For example, the Chief Executive’s function to collect and support sharing of population-level health and wellbeing data (s 7(1)(g)) must be exercised consistently with any privacy, data-protection or health information laws that apply in South Australia or federally.

Overall, the Preventive Health SA Act is designed to sit alongside existing public sector employment, ethics and subject-matter statutes, creating new governance structures while preserving and interfacing with established legal regimes.

The Act’s legislative history recorded in the text shows two linked instruments and precise commencement timings.

Primary enactment

• Preventive Health SA Act 2024, No 68 of 2024, received assent on 5 December 2024 (Legislative history). The principal Act’s commencement is recorded as 11 December 2025, by Gazette notice (Legislative history: 2024 No 68). The Act contains a Schedule 1 transitional provision requiring the first strategic plan to be published within 18 months after the strategic-plan section comes into operation (Schedule 1, cl 1).

Subsequent amendment

• The Legislative history records a subsequent instrument, Preventive Health SA (Council Governance) Amendment Act 2025, No 50 of 2025, which received assent on 5 November 2025 and commenced on 11 December 2025 immediately after the principal Act’s commencement (Legislative history). The amendment inserted and varied several provisions relevant to councils and conflicts of interest.

Parts varied by the 2025 amendment

• Section 4: The terms “designated interest”, “direct interest” and “relevant industry” were inserted by the 2025 amendment (Legislative history: s 4). The effect was to define and narrow or delineate the types of interests that disqualify members.
• Section 12: Substantive changes included an amendment to s 12(3) and substitution of s 12(4), and insertion of ss 12(4a) and 12(4b) by the 2025 amendment (Legislative history). The substituted s 12(4) now provides that a person who has a designated interest cannot be appointed as a member of the Council; s 12(4a) requires prospective members to give a declaration in the Chief Executive’s form; s 12(4b) requires the Chief Executive to seek to further the Act’s objects and key principle when making recommendations for appointment.
• Sections 13A and 13B: These sections were inserted by the 2025 amendment (Legislative history). Section 13A establishes an annual duty for members to declare absence of designated interests within 30 days of 1 July each year. Section 13B extends the scope of designated interests to associates and places evidentiary burdens on members claiming unawareness in proceedings.

Transitional provision associated with the amendment

• The Preventive Health SA (Council Governance) Amendment Act 2025 Sch 1 provides that a member of the Preventive Health SA Council holding office immediately before that clause commences must give the Chief Executive the prescribed declaration about designated interests “as soon as is reasonably practicable” after commencement. That transitional measure brings incumbent members within the newly minted declaration regime promptly.

Commencement sequencing and implications

• Both instruments have the same commencement date listed, 11 December 2025, with the amendment commencing immediately after the principal Act (Legislative history). Practitioners must note that the amendment did not merely change secondary matters, it added the conflict/interest regime and annual declarations, which materially affect eligibility and ongoing compliance for Council members.

Legal effect of amendments

• The 2025 amendment operationalises the governance and integrity architecture for the Council by delimiting who may serve, requiring upfront and recurring declarations, and extending rules to associates. The transitional clause ensures continuity with an expectation that incumbent members will comply with new disclosure obligations.

Documentation

• The Legislative history section of the Act contains the formal details of the principal Act and the amendment, and maps the provisions varied and their commencement dates. Practitioners should consult the Gazette notices cited for the exact commencement proclamations and any associated explanatory materials issued contemporaneously.

In sum, the amendment history reflects a short, targeted second instrument that strengthened the Act’s governance and conflict-of-interest framework shortly before, or immediately on, commencement.

The Act’s text and the legislative history supplied do not record any judicial decisions, litigation, or reported cases concerning the Preventive Health SA Act 2024 or its 2025 amendment. The legislative materials themselves do not name any cases. Therefore, there is no Act-specific litigation history provided in the source to summarise.

Absent reported litigation in the source, there are nevertheless particular provisions that could, in future disputes, give rise to legal proceedings or judicial review if contested. The Act identifies several decision points and discretionary powers that are typical loci for litigation, and the relevant statutory text points to the legal contours such disputes might assume.

Potential areas for judicial review or litigation grounded in the Act’s provisions

• Ministerial removal of Council members: The Minister may remove a member at any time “for any reason the Minister thinks fit” (s 13(3)). A removal exercised in a way that implicates procedural fairness, discrimination, or improper purpose could be the subject of a statutory or administrative law challenge in appropriate circumstances. The Act itself contains no internal review mechanism.

• Consultation and appointment processes: The Minister appoints members on the Chief Executive’s recommendation (s 12(2)), and the Chief Executive must recommend persons who have provided a declaration of no designated interests (s 12(4a)) and “must seek to further the objects and key principle” in making recommendations (s 12(4b)). Disagreements over compliance with those consultation and recommendation obligations could produce factual disputes or administrative law review proceedings.

• Ministerial direction and Chief Executive independence: The Act requires the Chief Executive to act independently and in the public interest (s 8(1)), but also allows the Minister to give written directions, subject to explicit limits for five categories of functions including grant-making, community education, monitoring and reporting, data sharing and public statements (s 8(2)-(3)). Challenges could arise concerning whether a particular direction impermissibly affects an excluded function or whether a direction was lawful in form and substance.

• Resource determination: Section 20 requires the Minister to consult with the Chief Executive and then determine, “having regard to any matter raised”, the resources the Minister considers the Chief Executive “reasonably needs”. Disputes over what counts as adequate resourcing could generate claims, particularly where alleged underfunding prevents statutory duties being carried out. The Act, however, leaves the ultimate decision to the Minister’s opinion.

• Declaration and disqualification disputes: The 2025 amendment establishes statutory disclosure obligations and disqualifications linked to “designated interests” and to associates (s 12(4); s 13A; s 13B). Disagreement over the application of the definitions, whether an interest exists, or the sufficiency of a declaration, could be litigated in disputes about eligibility, appointment validity, or participation in Council decisions. Section 14 protects acts and proceedings of the Council from invalidation solely because of vacancies or defects in appointment, which narrows one potential relief application.

• Delegation and delegation revocation: Delegations by the Chief Executive or Council are revocable at will and may be conditional (ss 11(2); 18(2)). Disputes could turn on whether a delegate acted within delegated power or whether revocation was justified, raising administrative law questions.

• Confidentiality, data-sharing and privacy: The Chief Executive has functions to collect and support sharing of population-level health and wellbeing data (s 7(1)(g)). Any exercises involving personal data will interact with privacy and health information laws not specified in this Act but still in force by virtue of s 5. Litigation stemming from data handling would therefore rest on those external statutes as much as on this Act.

Because the Act preserves other laws and cross-references public sector statutes, litigation concerning the Act is likely to interact with those broader legal regimes. Absent case law in the source, practitioners should monitor administrative decisions under the Act for early disputes relating to removal, directions, resource allocations and conflicts of interest, since those are the points the statutory text identifies as discretionary or prescriptive.

The Act contains several provisions and drafting choices that create practical compliance and governance pitfalls, often by virtue of broad or layered discretion, loosely defined concepts, or reliance on external regimes.

Broad removal power for members

• The Minister may remove a member “for any reason the Minister thinks fit” (s 13(3)). That confers unfettered removal power which is not tied to misconduct, incapacity, or inability to perform functions. Members therefore serve at ministerial pleasure subject to no statutory procedural protections within the Act. Practitioners should recognise the political vulnerability of appointments and plan continuity accordingly.

Ambiguity in “designated interest” and breadth of “direct interest”

• The 2025 amendment defines “designated interest” as a direct interest in a “relevant industry” consisting of pharmaceutical, food, alcohol or tobacco industries (s 4). “Direct interest” includes employment, providing services to, or receiving grants or other funding from an entity in a relevant industry, “without limitation” (s 4). That open-ended formulation captures many common relationships: contracted service providers, grant recipients, consultants, or employees of organisations that have commercial ties to those industries. The absence of an exhaustive list creates uncertainty for prospective Council members about edge cases.

Associates and external reference-point risk

• Section 13B extends designated-interest rules to associates, invoking the definition of “associate” in section 2(1a) of the Public Sector (Honesty and Accountability) Act 1995. That imports an external definition practitioners must consult in order to determine how broadly associates are drawn in. Relying on an external Act for a critical definitional component increases compliance complexity.

Burden on members in proceedings

• A member who claims they were unaware of a designated interest when participating in a matter bears the burden of proof to show they were not aware (s 13B(2)). That places an evidentiary onus on members in disputes, raising the risk of retrospective challenges to decisions where interests existed but were not disclosed.

Declaration timing and transitional timing

• Prospective members must give a declaration in the form determined by the Chief Executive when proposed for recommendation (s 12(4a)), incumbents must give declarations as soon as reasonably practicable after the amendment’s commencement (transitional Sch 1), and all members must deliver annual declarations within 30 days of 1 July (s 13A). The requirement that the Chief Executive determine the form of the declaration centralises control and could create procedural risk if forms are not timely promulgated or if content is contested.

Limits on ministerial direction do not remove all executive control

• Although the Act protects certain Chief Executive functions from ministerial direction (s 8(3)), the Minister retains other direction powers (s 8(2)) and controls resourcing (s 20). The Minister’s resource determination is phrased by reference to the Minister’s opinion about what the Chief Executive “reasonably needs” (s 20). Practitioners should note that independence in decision-making is doctrinally constrained by funding and appointment mechanisms.

No internal sanctions but reliance on other statutes

• The Act lacks internal penalties for breach of duties such as failure to publish the strategic plan or to make declarations. The note to s 13B refers members to duties under the Public Sector (Honesty and Accountability) Act 1995, but practitioners must therefore rely on external disciplinary regimes for enforcement. That fragmentation may complicate enforcement timelines and remedies.

Delegation reporting deadlines and revocability

• Delegations by the Council must be provided to members and the Minister within seven days (s 18(3)). If delegations are frequent, administrative compliance burdens arise. Delegations are revocable at will (ss 11(2)(c); 18(2)(c)), which can impair planning for delegates and third-party contractors.

Quorum and meeting frequency

• A quorum of five members is required (s 19(3)), and the Council must hold at least two meetings per year (s 19(6)). For an appointed body of at least nine members (Chief Executive plus at least eight others), practical difficulties in assembling a quorum could delay advice delivery. The minimum meeting frequency is low relative to the breadth of duties, which could leave the Council with limited oversight touchpoints.

Public statements and political exposure

• The Chief Executive may publish reports and make independent public statements designed to raise awareness and promote action (s 7(1)(k)). That function is insulated from ministerial direction (s 8(3)(v)), but it exposes the Chief Executive and Office to political and media scrutiny.

Regulation-making delegation

• The regulations may permit matters to be determined at the discretion of a specified entity (s 21(2)(d)), which could allow significant powers to be delegated by subordinate legislation, creating legal complexity and variability in who ultimately makes certain decisions.

Interaction with other laws and privacy

• The Chief Executive’s power to collect and support sharing of population-level data (s 7(1)(g)) will need to be exercised in compliance with applicable privacy, health information and other data-protection laws which the Act explicitly preserves (s 5). Practitioners must map data collecting and sharing to existing legal constraints; the Act does not itself define privacy safeguards or consent regimes.

Taken together, these “gotchas” point to a regime that relies on administrative design, inter-agency cooperation, and external accountability frameworks. Parties should build processes for declarations, associate checks, delegation protocols, data governance and contingency planning for ministerial removals and resourcing constraints.

Compliance under the Act will require operational, record-keeping and governance steps by the Chief Executive, Council members, the Minister’s office, and partner agencies. The following practical checklist maps statutory obligations to actionable measures, citing the relevant sections.

For the Chief Executive and Office staff

• Establish the Office promptly after Gazette designation and ensure Human Resources align the appointed Chief Executive role with the Public Sector Act 2009 requirements (s 6(1); definition of Chief Executive, s 4).
• Draft and publish procedures for provision of preventive-health advice to government agencies consistent with s 7(4): document the consultation triggers, timelines and stakeholders to ensure the Chief Executive is consulted on significant policy development affecting preventive health.
• Prepare the strategic plan within statutory timing: consult with the Minister and the Council in drafting, publish it on a website determined by the Chief Executive, and schedule comprehensive reviews at least every four years (s 9(1)-(3)). Note the transitional requirement that the first strategic plan be published within 18 months of s 9 commencing (Schedule 1).
• Implement an annual reporting schedule: prepare the annual report covering the financial year ending 30 June and provide it to the Minister on or before 30 September each year. Keep records and liaise with the Minister’s office to ensure tabling within six sitting days (s 10(1)-(2)).
• Build a grants and commissioning governance framework to administer s 7(1)(b): establish criteria, conflict checks, procurement processes, and transparent documentation for grant-making and commissioned strategies.
• Create data governance and privacy-compliance protocols for collecting, monitoring and supporting the sharing of population-level health and wellbeing data (s 7(1)(g)). Map these processes to existing privacy and health information laws.
• Maintain delegation instruments in writing when delegating functions under s 11: ensure they are conditional where appropriate, revocable, and that the power to further delegate is expressly provided if intended. Maintain clear records to support accountability and potential audit.
• Prepare template forms for declarations of designated interests, as the Chief Executive determines the form for prospective appointees (s 12(4a)) and members (s 13A). Make the form publicly accessible and record receipt dates.

For Council members or prospective members

• Before appointment, provide the declaration in the Chief Executive’s prescribed form stating the absence of designated interests as required by s 12(4a). Incumbents must provide the transitional declaration as soon as reasonably practicable after the amendment’s commencement (Transitional Sch 1).
• Maintain an annual compliance routine to submit the declaration within 30 days of 1 July each year (s 13A).
• Conduct entity-wide checks to ensure that neither the member nor an associate has a designated interest as defined in s 4 and extended by s 13B(1). That requires checking employment, service contracts, funding, grants and other direct interests with entities in the pharmaceutical, food, alcohol and tobacco industries.
• Keep contemporaneous records of all potential conflicts and decisions to recuse or disclose to avoid later evidentiary burden under s 13B(2).
• Attend to quorum and meeting participation obligations: the Council must hold at least two meetings per year, and a quorum is five members (s 19(3), (6)). Plan meeting schedules and attendance to ensure continuity of advice.

For the Minister and Minister’s office

• Follow the statutory appointment process: appoint members on the Chief Executive’s recommendation and consult the Chief Executive when appointing a Chair (s 12(2), (5)). Maintain records of recommendation and consultation to demonstrate compliance with s 12(4b) where the Chief Executive must seek to further the objects.
• Before actioning personnel steps under the Public Sector Act 2009 affecting the Chief Executive, ensure the Premier consults the Council as required (s 6(2)). Record consultations to evidence compliance.
• Determine resourcing for the Office after consultation with the Chief Executive and having regard to matters raised (s 20). Document the consultation and the Minister’s reasoning for transparency and potential parliamentary scrutiny.
• Coordinate with Parliamentary Services to ensure the annual report received by the Minister is laid before both Houses within six sitting days (s 10(2)). Track filing dates and maintain communications with the Chief Executive to avoid delays.

For delegates, contractors and partner agencies

• If receiving delegations (ss 11 and 18), require written instruments specifying the scope, conditions and any sub-delegation permissions. Be prepared for delegations to be revocable at will and to track any revocation.
• Where entering into service agreements or receiving grants from entities in the relevant industries, understand that such relationships may be disqualifying for Council membership; consider disclosure and separation mechanisms if staff or board members might be prospective Council nominees (s 4; s 12(4)).

For Aboriginal and Torres Strait Islander engagement

• Ensure consultation and collaboration with Aboriginal and Torres Strait Islander persons and representative bodies whenever Chief Executive functions relate to those populations (s 7(2)). Document engagement processes, culturally appropriate governance, and partnership agreements to demonstrate compliance.

For record-keeping and disclosure

• Maintain a central register of declarations, professional relationships, and funding sources that could engage “direct interest” (s 4) and “associate” rules (s 13B(1)). Ensure accessible evidence for any claim of unawareness under s 13B(2).
• Keep records of delegations and provide notices to the Minister and Council within seven days for Council delegations (s 18(3)). Maintain minutes demonstrating compliance with meeting and quorum requirements (s 19).

For regulation and code of conduct readiness

• Monitor the regulations made under s 21, and be prepared to update internal policies to reflect any code of conduct or procedural rules prescribed. The Act allows regulations to create discretionary determinations and codes, which may impose additional compliance duties.

In sum, compliance requires operationalising the Act through forms, data governance, procurement and grants processes, declaration registers, meeting schedules, delegation documentation and careful record-keeping of consultation and ministerial interactions. The Chief Executive must be proactive about publishing the strategic plan and annual report on time, and the Council must ensure repeated declaration and associate checks to remain eligible and compliant.