This Act continues the Queensland Institute of Medical Research as a corporate statutory body to carry out and commercialise medical research aimed at improving Queenslanders’ health. It sets governance rules (a minister‑appointed council, a director, staff), vests intellectual property in the council, and allows commercial incentive payments paid from net commercialisation revenue. Who decides and pays: the Minister appoints and may remove members and approves the director and certain terms; the council runs operations, employs staff and funds salaries and commercialisation payments.
Mechanically, the Queensland Institute of Medical Research Act 2025 continues the Queensland Institute of Medical Research that existed under the repealed 1945 Act, recreates its governing Council as a corporate body, sets out the Council’s functions and powers, creates an appointed director and authorises Council employment and contracting arrangements, and repeals the 1945 Act (s 5, s 6, s 7, s 48). Key operational features include:
a corporate Council that may sue and be sued and that does not represent the State (s 7);
explicit status as a statutory body for financial and borrowing controls, and as a unit of public administration for Crime and Corruption Act oversight (s 8);
ministerial appointment and removal controls for Council members, qualification and tenure limits, conflict disclosure rules, and criminal‑history checks and disclosure obligations (ss 11-19, 26);
requirement for the Council to appoint a Director, with Ministerial approval of the appointment and limits on term, and duties for day‑to‑day administration (ss 33-38);
employment of staff and engagement of researchers under the Act rather than under the Public Sector Act 2022, with remuneration and conditions decided by Council (ss 39-40);
ownership of intellectual property made by staff or engaged researchers vesting in the Council unless another Act or arrangement provides otherwise, with capped commercial incentive payments drawn from net commercialisation revenue and a Governor in Council override option (ss 41-42);
reporting, fundraising and gift provisions, delegation rules and Ministerial information and oversight powers where financial viability or administration is in question (ss 29-31, 43-46).
The Act states the Institute’s statutory purpose: initiating and conducting medical research, particularly into diseases of particular significance to Queensland, and directing and using that research to improve health and wellbeing in Queensland (s 5(2)). That is an express policy rationale supplied by the text and it is repeated across provisioning for fundraising, commercialisation and reporting (see ss 9, 42, 43).
Current sections
Direct links to the current provisions in Queensland Institute of Medical Research Act 2025.
68
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Queensland Institute of Medical Research Act 2025 .
sec.2
Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3
Act binds all persons
sec.3 Act binds all persons
This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.
However, the State, the Commonwealth or another State can not be prosecuted for an offence against this Act.
(sec.3-ssec.1) This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.
(sec.3-ssec.2) However, the State, the Commonwealth or another State can not be prosecuted for an offence against this Act.
sec.4
Definitions
sec.4 Definitions
The dictionary in schedule 1 defines particular words used in this Act.
pt.2
Queensland Institute of Medical Research
Queensland Institute of Medical Research
pt.2-div.1
The institute
The institute
sec.5
The Queensland Institute of Medical Research
sec.5 The Queensland Institute of Medical Research
The Queensland Institute of Medical Research established under the repealed Queensland Institute of Medical Research Act 1945 , section 3 (the institute ) is continued in existence under this Act.
The institute is established for the purpose of—
initiating and conducting research into any branch of medical science, particularly in relation to diseases of particular significance to Queensland; and
directing and using the research to improve the health and the wellbeing of the people of Queensland.
(sec.5-ssec.1) The Queensland Institute of Medical Research established under the repealed Queensland Institute of Medical Research Act 1945 , section 3 (the institute ) is continued in existence under this Act.
(sec.5-ssec.2) The institute is established for the purpose of— initiating and conducting research into any branch of medical science, particularly in relation to diseases of particular significance to Queensland; and directing and using the research to improve the health and the wellbeing of the people of Queensland.
(a) initiating and conducting research into any branch of medical science, particularly in relation to diseases of particular significance to Queensland; and
(b) directing and using the research to improve the health and the wellbeing of the people of Queensland.
pt.2-div.2
The council
The council
sec.6
The council of the institute
sec.6 The council of the institute
The Council of The Queensland Institute of Medical Research established under the repealed Queensland Institute of Medical Research Act 1945 , section 3 (the council ) is continued in existence under this Act.
sec.7
Legal status
sec.7 Legal status
The council—
is a body corporate; and
may sue and be sued in its corporate name.
The council does not represent the State.
(sec.7-ssec.1) The council— is a body corporate; and may sue and be sued in its corporate name.
(sec.7-ssec.2) The council does not represent the State.
(a) is a body corporate; and
(b) may sue and be sued in its corporate name.
sec.8
Application of other Acts
sec.8 Application of other Acts
The council is—
a statutory body under the Financial Accountability Act 2009 ; and
a statutory body under the Statutory Bodies Financial Arrangements Act 1982 ; and
The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects the powers of the council.
a unit of public administration under the Crime and Corruption Act 2001 , section 20 .
(a) a statutory body under the Financial Accountability Act 2009 ; and
(b) a statutory body under the Statutory Bodies Financial Arrangements Act 1982 ; and Note— The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects the powers of the council.
(c) a unit of public administration under the Crime and Corruption Act 2001 , section 20 .
sec.9
Functions
sec.9 Functions
The council has the following functions—
to manage the institute in a proper, efficient and effective way;
to raise and accept money for the institute to carry out its purpose;
to accept any gift, devise or bequest of property made for the benefit of the institute;
to help the institute carry out its purpose by investing money—
raised by, or given to, the council; or
derived from any property, or other investment, owned or operated by the council;
to exploit commercially, for the institute’s benefit, a facility or resource owned by the council, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, managed by the council, whether alone or with someone else;
any other function given to the council under this Act or another Act.
(a) to manage the institute in a proper, efficient and effective way;
(b) to raise and accept money for the institute to carry out its purpose;
(c) to accept any gift, devise or bequest of property made for the benefit of the institute;
(d) to help the institute carry out its purpose by investing money— (i) raised by, or given to, the council; or (ii) derived from any property, or other investment, owned or operated by the council;
(i) raised by, or given to, the council; or
(ii) derived from any property, or other investment, owned or operated by the council;
(e) to exploit commercially, for the institute’s benefit, a facility or resource owned by the council, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, managed by the council, whether alone or with someone else;
(f) any other function given to the council under this Act or another Act.
(i) raised by, or given to, the council; or
(ii) derived from any property, or other investment, owned or operated by the council;
sec.10
Powers
sec.10 Powers
The council has all the powers of an individual and may do anything necessary or convenient to be done in the performance of its functions.
Also, the council has any other power given to it under this Act or another Act.
(sec.10-ssec.1) The council has all the powers of an individual and may do anything necessary or convenient to be done in the performance of its functions.
(sec.10-ssec.2) Also, the council has any other power given to it under this Act or another Act.
pt.2-div.3
Membership of council
Membership of council
sec.11
Council members
sec.11 Council members
The council consists of not more than 9 members appointed by the Minister.
The Minister may appoint a person as a council member only if the Minister is satisfied the person—
is appropriately qualified in at least 1 of the following areas—
corporate governance;
public or academic administration;
health or clinical research;
health ethics;
financial management;
fund raising;
commercialisation of intellectual property;
another area the Minister considers appropriate having regard to the institute’s purpose; and
is not disqualified from being a council member under section 17 .
A council member is appointed under this Act and not the Public Sector Act 2022 .
(sec.11-ssec.1) The council consists of not more than 9 members appointed by the Minister.
(sec.11-ssec.2) The Minister may appoint a person as a council member only if the Minister is satisfied the person— is appropriately qualified in at least 1 of the following areas— corporate governance; public or academic administration; health or clinical research; health ethics; financial management; fund raising; commercialisation of intellectual property; another area the Minister considers appropriate having regard to the institute’s purpose; and is not disqualified from being a council member under section 17 .
(sec.11-ssec.3) A council member is appointed under this Act and not the Public Sector Act 2022 .
(a) is appropriately qualified in at least 1 of the following areas— (i) corporate governance; (ii) public or academic administration; (iii) health or clinical research; (iv) health ethics; (v) financial management; (vi) fund raising; (vii) commercialisation of intellectual property; (viii) another area the Minister considers appropriate having regard to the institute’s purpose; and
(i) corporate governance;
(ii) public or academic administration;
(iii) health or clinical research;
(iv) health ethics;
(v) financial management;
(vi) fund raising;
(vii) commercialisation of intellectual property;
(viii) another area the Minister considers appropriate having regard to the institute’s purpose; and
(b) is not disqualified from being a council member under section 17 .
(i) corporate governance;
(ii) public or academic administration;
(iii) health or clinical research;
(iv) health ethics;
(v) financial management;
(vi) fund raising;
(vii) commercialisation of intellectual property;
(viii) another area the Minister considers appropriate having regard to the institute’s purpose; and
sec.12
Term of appointment
sec.12 Term of appointment
A council member holds office for the term stated in the member’s instrument of appointment.
The stated term must not be more than 4 years.
A council member may be reappointed.
However, a person must not be reappointed as a council member if the total period of the person’s appointment as a council member would be more than 12 years.
(sec.12-ssec.1) A council member holds office for the term stated in the member’s instrument of appointment.
(sec.12-ssec.2) The stated term must not be more than 4 years.
(sec.12-ssec.3) A council member may be reappointed.
(sec.12-ssec.4) However, a person must not be reappointed as a council member if the total period of the person’s appointment as a council member would be more than 12 years.
sec.13
Conditions of appointment
sec.13 Conditions of appointment
A council member is to be paid the remuneration and allowances decided by the Minister.
A council member holds office on the terms and conditions, not provided for by this Act, decided by the Minister.
(sec.13-ssec.1) A council member is to be paid the remuneration and allowances decided by the Minister.
(sec.13-ssec.2) A council member holds office on the terms and conditions, not provided for by this Act, decided by the Minister.
sec.14
Chairperson and deputy chairperson
sec.14 Chairperson and deputy chairperson
The Minister may appoint—
a council member to be the chairperson of the council; and
another council member to be the deputy chairperson of the council.
The Minister may appoint a council member as chairperson or deputy chairperson at the time the person is appointed as a council member.
The chairperson is responsible for managing and directing the activities of the council to ensure the council performs its functions and exercises its powers appropriately.
The deputy chairperson must act as chairperson—
during a vacancy in the office of the chairperson; and
during all periods when the chairperson is absent from duty or for another reason can not perform the functions of the office.
The chairperson and deputy chairperson hold office for the term stated in the person’s instrument of appointment.
A person may be reappointed as chairperson or deputy chairperson.
A vacancy in the office of chairperson or deputy chairperson arises if the person holding the office—
resigns from the office by signed notice given to the Minister; or
ceases to be a council member.
However, a person may continue to be a council member after resigning the office of chairperson or deputy chairperson.
(sec.14-ssec.1) The Minister may appoint— a council member to be the chairperson of the council; and another council member to be the deputy chairperson of the council.
(sec.14-ssec.2) The Minister may appoint a council member as chairperson or deputy chairperson at the time the person is appointed as a council member.
(sec.14-ssec.3) The chairperson is responsible for managing and directing the activities of the council to ensure the council performs its functions and exercises its powers appropriately.
(sec.14-ssec.4) The deputy chairperson must act as chairperson— during a vacancy in the office of the chairperson; and during all periods when the chairperson is absent from duty or for another reason can not perform the functions of the office.
(sec.14-ssec.5) The chairperson and deputy chairperson hold office for the term stated in the person’s instrument of appointment.
(sec.14-ssec.6) A person may be reappointed as chairperson or deputy chairperson.
(sec.14-ssec.7) A vacancy in the office of chairperson or deputy chairperson arises if the person holding the office— resigns from the office by signed notice given to the Minister; or ceases to be a council member.
(sec.14-ssec.8) However, a person may continue to be a council member after resigning the office of chairperson or deputy chairperson.
(a) a council member to be the chairperson of the council; and
(b) another council member to be the deputy chairperson of the council.
(a) during a vacancy in the office of the chairperson; and
(b) during all periods when the chairperson is absent from duty or for another reason can not perform the functions of the office.
(a) resigns from the office by signed notice given to the Minister; or
(b) ceases to be a council member.
sec.15
Vacancy in office
sec.15 Vacancy in office
The office of a council member becomes vacant if—
the member completes the member’s term of office and is not reappointed; or
the member resigns from office by signed notice given to the Minister; or
the member is removed from office under section 16 ; or
the member becomes disqualified from continuing in the office under section 17 .
However, if subsection (1) (a) applies to a council member and another person is not appointed to the member’s office before the member’s term of office ends, the member continues to hold the office for a further period ending on the earliest of the following—
when another person is appointed to the office;
6 months after the member’s term of office would have ended but for this subsection.
(sec.15-ssec.1) The office of a council member becomes vacant if— the member completes the member’s term of office and is not reappointed; or the member resigns from office by signed notice given to the Minister; or the member is removed from office under section 16 ; or the member becomes disqualified from continuing in the office under section 17 .
(sec.15-ssec.2) However, if subsection (1) (a) applies to a council member and another person is not appointed to the member’s office before the member’s term of office ends, the member continues to hold the office for a further period ending on the earliest of the following— when another person is appointed to the office; 6 months after the member’s term of office would have ended but for this subsection.
(a) the member completes the member’s term of office and is not reappointed; or
(b) the member resigns from office by signed notice given to the Minister; or
(c) the member is removed from office under section 16 ; or
(d) the member becomes disqualified from continuing in the office under section 17 .
(a) when another person is appointed to the office;
(b) 6 months after the member’s term of office would have ended but for this subsection.
sec.16
Removal of council members
sec.16 Removal of council members
The Minister may remove a council member from office if the Minister is satisfied the member—
has engaged in—
inappropriate or improper conduct in an official capacity; or
a council member consents to the borrowing of an amount that the council is not lawfully authorised to borrow under the Statutory Bodies Financial Arrangements Act 1982
inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the institute or the council; or
is incapable of performing the member’s functions; or
has neglected the member’s functions or performed the member’s functions incompetently; or
is absent from 3 consecutive meetings of the council—
without the council’s permission; and
without reasonable excuse.
This section does not limit the Minister’s powers under the Acts Interpretation Act 1954 , section 25 .
(sec.16-ssec.1) The Minister may remove a council member from office if the Minister is satisfied the member— has engaged in— inappropriate or improper conduct in an official capacity; or a council member consents to the borrowing of an amount that the council is not lawfully authorised to borrow under the Statutory Bodies Financial Arrangements Act 1982 inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the institute or the council; or is incapable of performing the member’s functions; or has neglected the member’s functions or performed the member’s functions incompetently; or is absent from 3 consecutive meetings of the council— without the council’s permission; and without reasonable excuse.
(sec.16-ssec.2) This section does not limit the Minister’s powers under the Acts Interpretation Act 1954 , section 25 .
(a) has engaged in— (i) inappropriate or improper conduct in an official capacity; or Example— a council member consents to the borrowing of an amount that the council is not lawfully authorised to borrow under the Statutory Bodies Financial Arrangements Act 1982 (ii) inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the institute or the council; or
(i) inappropriate or improper conduct in an official capacity; or Example— a council member consents to the borrowing of an amount that the council is not lawfully authorised to borrow under the Statutory Bodies Financial Arrangements Act 1982
(ii) inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the institute or the council; or
(b) is incapable of performing the member’s functions; or
(c) has neglected the member’s functions or performed the member’s functions incompetently; or
(d) is absent from 3 consecutive meetings of the council— (i) without the council’s permission; and (ii) without reasonable excuse.
(i) without the council’s permission; and
(ii) without reasonable excuse.
(i) inappropriate or improper conduct in an official capacity; or Example— a council member consents to the borrowing of an amount that the council is not lawfully authorised to borrow under the Statutory Bodies Financial Arrangements Act 1982
(ii) inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the institute or the council; or
(i) without the council’s permission; and
(ii) without reasonable excuse.
sec.17
Disqualification of council members
sec.17 Disqualification of council members
A person is disqualified from becoming or continuing as a council member if—
the person is an insolvent under administration; or
the person is disqualified from managing corporations because of the Corporations Act , part 2D .6; or
the person has a conviction, other than a spent conviction, for an indictable offence; or
the person is convicted of an offence against this Act; or
the person is a member of the Legislative Assembly; or
the person is a staff member of the institute; or
the Minister asks for the person’s consent to make a request under section 18 in relation to the person and the person does not consent.
If an event mentioned in subsection (1) (a) or (b) happens during the person’s term of office, the person must, unless the person has a reasonable excuse, immediately give notice of the insolvency or disqualification to the Minister.
Maximum penalty—100 penalty units.
For the requirement to give notice of a change in a person’s criminal history, see section 19 .
(sec.17-ssec.1) A person is disqualified from becoming or continuing as a council member if— the person is an insolvent under administration; or the person is disqualified from managing corporations because of the Corporations Act , part 2D .6; or the person has a conviction, other than a spent conviction, for an indictable offence; or the person is convicted of an offence against this Act; or the person is a member of the Legislative Assembly; or the person is a staff member of the institute; or the Minister asks for the person’s consent to make a request under section 18 in relation to the person and the person does not consent.
(sec.17-ssec.2) If an event mentioned in subsection (1) (a) or (b) happens during the person’s term of office, the person must, unless the person has a reasonable excuse, immediately give notice of the insolvency or disqualification to the Minister. Maximum penalty—100 penalty units. For the requirement to give notice of a change in a person’s criminal history, see section 19 .
(a) the person is an insolvent under administration; or
(b) the person is disqualified from managing corporations because of the Corporations Act , part 2D .6; or
(c) the person has a conviction, other than a spent conviction, for an indictable offence; or
(d) the person is convicted of an offence against this Act; or
(e) the person is a member of the Legislative Assembly; or
(f) the person is a staff member of the institute; or
(g) the Minister asks for the person’s consent to make a request under section 18 in relation to the person and the person does not consent.
sec.18
Criminal history reports
sec.18 Criminal history reports
To decide if a person is disqualified from becoming or continuing as a council member, the Minister may ask the police commissioner for—
a written report about the criminal history of the person; and
a brief description of the circumstances of a conviction mentioned in the criminal history.
However, the Minister may make the request only if the person has given the Minister written consent for the request.
The police commissioner must comply with the request.
However, the duty to comply under subsection (3) applies only to information in the possession of the police commissioner or to which the police commissioner has access.
(sec.18-ssec.1) To decide if a person is disqualified from becoming or continuing as a council member, the Minister may ask the police commissioner for— a written report about the criminal history of the person; and a brief description of the circumstances of a conviction mentioned in the criminal history.
(sec.18-ssec.2) However, the Minister may make the request only if the person has given the Minister written consent for the request.
(sec.18-ssec.3) The police commissioner must comply with the request.
(sec.18-ssec.4) However, the duty to comply under subsection (3) applies only to information in the possession of the police commissioner or to which the police commissioner has access.
(a) a written report about the criminal history of the person; and
(b) a brief description of the circumstances of a conviction mentioned in the criminal history.
sec.19
Requirement to disclose changes in criminal history
sec.19 Requirement to disclose changes in criminal history
This section applies if a person who is a council member is charged with or convicted of an indictable offence during the term of the person’s appointment.
The person must, unless the person has a reasonable excuse, immediately after the person is charged or convicted, give written notice of the charge or conviction to the Minister.
Maximum penalty—100 penalty units.
The written notice must state the following matters—
the existence of the charge or conviction;
when the offence was committed or allegedly committed;
details adequate to identify the offence or alleged offence;
for a conviction—the sentence imposed on the person.
(sec.19-ssec.1) This section applies if a person who is a council member is charged with or convicted of an indictable offence during the term of the person’s appointment.
(sec.19-ssec.2) The person must, unless the person has a reasonable excuse, immediately after the person is charged or convicted, give written notice of the charge or conviction to the Minister. Maximum penalty—100 penalty units.
(sec.19-ssec.3) The written notice must state the following matters— the existence of the charge or conviction; when the offence was committed or allegedly committed; details adequate to identify the offence or alleged offence; for a conviction—the sentence imposed on the person.
(a) the existence of the charge or conviction;
(b) when the offence was committed or allegedly committed;
(c) details adequate to identify the offence or alleged offence;
(d) for a conviction—the sentence imposed on the person.
sec.20
Confidentiality of criminal history information
sec.20 Confidentiality of criminal history information
This section applies to a person who possesses criminal history information because the person is or was—
the Minister; or
a council member; or
the director; or
a staff member of the institute or other person engaged by the council; or
a public service employee performing functions under or relating to the administration of this Act.
The person must not disclose the criminal history information to anyone else, or use the criminal history information, other than under this section.
Maximum penalty—100 penalty units.
The person may disclose or use the criminal history information—
to the extent the disclosure or use—
is necessary to perform the person’s functions under or relating to the administration of this Act; or
is otherwise required or permitted under this Act or another law; or
with the consent of the person to whom the information relates; or
in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.
A person who possesses criminal history information must ensure the information is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.
Subsection (4) applies despite the Public Records Act 2023 .
In this section—
criminal history information means—
a report given under section 18 ; or
a notice given under section 19 .
(sec.20-ssec.1) This section applies to a person who possesses criminal history information because the person is or was— the Minister; or a council member; or the director; or a staff member of the institute or other person engaged by the council; or a public service employee performing functions under or relating to the administration of this Act.
(sec.20-ssec.2) The person must not disclose the criminal history information to anyone else, or use the criminal history information, other than under this section. Maximum penalty—100 penalty units.
(sec.20-ssec.3) The person may disclose or use the criminal history information— to the extent the disclosure or use— is necessary to perform the person’s functions under or relating to the administration of this Act; or is otherwise required or permitted under this Act or another law; or with the consent of the person to whom the information relates; or in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.
(sec.20-ssec.4) A person who possesses criminal history information must ensure the information is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.
(sec.20-ssec.5) Subsection (4) applies despite the Public Records Act 2023 .
(sec.20-ssec.6) In this section— criminal history information means— a report given under section 18 ; or a notice given under section 19 .
(a) the Minister; or
(b) a council member; or
(c) the director; or
(d) a staff member of the institute or other person engaged by the council; or
(e) a public service employee performing functions under or relating to the administration of this Act.
(a) to the extent the disclosure or use— (i) is necessary to perform the person’s functions under or relating to the administration of this Act; or (ii) is otherwise required or permitted under this Act or another law; or
(i) is necessary to perform the person’s functions under or relating to the administration of this Act; or
(ii) is otherwise required or permitted under this Act or another law; or
(b) with the consent of the person to whom the information relates; or
(c) in compliance with a lawful process requiring production of documents to, or giving evidence before, a court or tribunal.
(i) is necessary to perform the person’s functions under or relating to the administration of this Act; or
(ii) is otherwise required or permitted under this Act or another law; or
(a) a report given under section 18 ; or
(b) a notice given under section 19 .
pt.2-div.4
Meetings of council
Meetings of council
sec.21
Conduct of business
sec.21 Conduct of business
Subject to this division, the council may conduct its business, including its meetings, in the way it considers appropriate.
sec.22
Meetings generally
sec.22 Meetings generally
The council may convene meetings of the council as the council considers appropriate.
Also, the chairperson may convene a meeting of the council as the chairperson considers appropriate.
The council may hold meetings, or allow members to take part in meetings, by using any technology allowing reasonably contemporaneous and continuous communication between parties taking part in the meeting.
teleconferencing
A council member who takes part in a meeting under subsection (3) is taken to be present at the meeting.
A resolution is validly made by the council, even if it is not passed at a meeting of the council, if—
notice of the resolution is given under procedures approved by the council; and
a majority of council members agree in writing to the resolution.
(sec.22-ssec.1) The council may convene meetings of the council as the council considers appropriate.
(sec.22-ssec.2) Also, the chairperson may convene a meeting of the council as the chairperson considers appropriate.
(sec.22-ssec.3) The council may hold meetings, or allow members to take part in meetings, by using any technology allowing reasonably contemporaneous and continuous communication between parties taking part in the meeting. teleconferencing
(sec.22-ssec.4) A council member who takes part in a meeting under subsection (3) is taken to be present at the meeting.
(sec.22-ssec.5) A resolution is validly made by the council, even if it is not passed at a meeting of the council, if— notice of the resolution is given under procedures approved by the council; and a majority of council members agree in writing to the resolution.
(a) notice of the resolution is given under procedures approved by the council; and
(b) a majority of council members agree in writing to the resolution.
sec.23
Presiding at meetings
sec.23 Presiding at meetings
The chairperson is to preside at all meetings of the council at which the chairperson is present.
If the chairperson is not present at a meeting, the deputy chairperson is to preside.
If neither the chairperson nor deputy chairperson is present at a meeting, a council member chosen by the majority of council members present at the meeting is to preside.
(sec.23-ssec.1) The chairperson is to preside at all meetings of the council at which the chairperson is present.
(sec.23-ssec.2) If the chairperson is not present at a meeting, the deputy chairperson is to preside.
(sec.23-ssec.3) If neither the chairperson nor deputy chairperson is present at a meeting, a council member chosen by the majority of council members present at the meeting is to preside.
sec.24
Quorum at meetings
sec.24 Quorum at meetings
A quorum for a meeting of the council is a majority of the council members.
However, if at a meeting a council member present at the meeting is required under section 26 not to be present during deliberations, or not to take part in any decision, of the council for a particular matter, the remaining council members present constitute a quorum for the meeting.
(sec.24-ssec.1) A quorum for a meeting of the council is a majority of the council members.
(sec.24-ssec.2) However, if at a meeting a council member present at the meeting is required under section 26 not to be present during deliberations, or not to take part in any decision, of the council for a particular matter, the remaining council members present constitute a quorum for the meeting.
sec.25
Voting at meetings
sec.25 Voting at meetings
A question at a meeting of the council is decided by a majority of the votes of the council members present and able to vote on the question.
If the votes are equal, the council member presiding at the meeting also has a casting vote.
(sec.25-ssec.1) A question at a meeting of the council is decided by a majority of the votes of the council members present and able to vote on the question.
(sec.25-ssec.2) If the votes are equal, the council member presiding at the meeting also has a casting vote.
sec.26
Disclosure of interests at meetings
sec.26 Disclosure of interests at meetings
This section applies to a council member if—
a matter is being considered, or is about to be considered, at a meeting of the council; and
the member has a material personal interest in the matter; and
the material personal interest could conflict with the proper performance of the member’s functions in relation to the consideration of the matter.
For subsection (1) , a council member has a material personal interest in a matter if any of the following entities stands to gain a benefit or suffer a loss, either directly or indirectly, because of the outcome of the consideration of the matter—
the member;
the member’s spouse;
a parent, child, sibling or other relative of the member;
an individual who is employed by the member;
an employer, other than a government entity, of the member;
an entity, other than a government entity, of which the member is an office holder.
As soon as practicable after the relevant facts come to the knowledge of the council member, the member must disclose the nature of the material personal interest to the other council members present at the meeting.
The council member may further participate in the consideration of the matter only if a majority of the other council members present at the meeting agree to the member’s further participation.
However, the council member can not participate in any vote on the matter at the meeting.
The particulars of a disclosure made under subsection (3) must be recorded by the council in the minutes of the meeting at which the matter is considered.
A failure to make a disclosure under subsection (3) does not, of itself, invalidate a decision of the council.
In this section—
government entity see the Public Sector Act 2022 , section 276 .
(sec.26-ssec.1) This section applies to a council member if— a matter is being considered, or is about to be considered, at a meeting of the council; and the member has a material personal interest in the matter; and the material personal interest could conflict with the proper performance of the member’s functions in relation to the consideration of the matter.
(sec.26-ssec.2) For subsection (1) , a council member has a material personal interest in a matter if any of the following entities stands to gain a benefit or suffer a loss, either directly or indirectly, because of the outcome of the consideration of the matter— the member; the member’s spouse; a parent, child, sibling or other relative of the member; an individual who is employed by the member; an employer, other than a government entity, of the member; an entity, other than a government entity, of which the member is an office holder.
(sec.26-ssec.3) As soon as practicable after the relevant facts come to the knowledge of the council member, the member must disclose the nature of the material personal interest to the other council members present at the meeting.
(sec.26-ssec.4) The council member may further participate in the consideration of the matter only if a majority of the other council members present at the meeting agree to the member’s further participation.
(sec.26-ssec.5) However, the council member can not participate in any vote on the matter at the meeting.
(sec.26-ssec.6) The particulars of a disclosure made under subsection (3) must be recorded by the council in the minutes of the meeting at which the matter is considered.
(sec.26-ssec.7) A failure to make a disclosure under subsection (3) does not, of itself, invalidate a decision of the council.
(sec.26-ssec.8) In this section— government entity see the Public Sector Act 2022 , section 276 .
(a) a matter is being considered, or is about to be considered, at a meeting of the council; and
(b) the member has a material personal interest in the matter; and
(c) the material personal interest could conflict with the proper performance of the member’s functions in relation to the consideration of the matter.
(a) the member;
(b) the member’s spouse;
(c) a parent, child, sibling or other relative of the member;
(d) an individual who is employed by the member;
(e) an employer, other than a government entity, of the member;
(f) an entity, other than a government entity, of which the member is an office holder.
sec.27
Validity of decisions
sec.27 Validity of decisions
A decision of the council is not invalid only because—
there is a vacancy in the membership of the council; or
there is a defect or irregularity in the appointment of a council member.
(a) there is a vacancy in the membership of the council; or
(b) there is a defect or irregularity in the appointment of a council member.
sec.28
Minutes and other records
sec.28 Minutes and other records
The council must keep—
minutes of its meetings; and
a record of its decisions and resolutions.
(a) minutes of its meetings; and
(b) a record of its decisions and resolutions.
sec.29
Council to inform Minister about particular matters
sec.29 Council to inform Minister about particular matters
This section applies if the council becomes aware of a matter that may significantly affect—
the financial viability of the institute or the council; or
a proceeding against the institute that may result in payment of a significant amount of damages or legal costs
a significant decrease in the value of funds held on investment by the council
the administration or management of the institute or the council.
the distribution of funds held by the council towards something that is outside the scope of the institute’s purpose
The council must give the Minister written notice of the matter immediately after the council becomes aware of the matter.
(sec.29-ssec.1) This section applies if the council becomes aware of a matter that may significantly affect— the financial viability of the institute or the council; or a proceeding against the institute that may result in payment of a significant amount of damages or legal costs a significant decrease in the value of funds held on investment by the council the administration or management of the institute or the council. the distribution of funds held by the council towards something that is outside the scope of the institute’s purpose
(sec.29-ssec.2) The council must give the Minister written notice of the matter immediately after the council becomes aware of the matter.
(a) the financial viability of the institute or the council; or Examples of a matter that may significantly affect the institute’s financial viability— 1 a proceeding against the institute that may result in payment of a significant amount of damages or legal costs 2 a significant decrease in the value of funds held on investment by the council
1 a proceeding against the institute that may result in payment of a significant amount of damages or legal costs
2 a significant decrease in the value of funds held on investment by the council
(b) the administration or management of the institute or the council. Example of a matter that may significantly affect the administration or management of the institute— the distribution of funds held by the council towards something that is outside the scope of the institute’s purpose
1 a proceeding against the institute that may result in payment of a significant amount of damages or legal costs
2 a significant decrease in the value of funds held on investment by the council
sec.30
Minister may require information
sec.30 Minister may require information
This section applies if—
the council gives the Minister a notice under section 29 ; or
the Minister has a concern about the financial viability, administration or management of the institute or the council.
The Minister may, by written notice given to the council, ask the council to do either or both of the following within a stated reasonable period and in a stated reasonable way—
give the Minister information in the council’s possession about a stated matter;
make information in the council’s possession about a stated matter available for inspection by the Minister.
Unless the Minister is satisfied there are exceptional circumstances, the Minister must consult with the council before giving a notice under subsection (2) .
The council must comply with a notice given under subsection (2) .
If the council gives the Minister a document under this section, the Minister may keep the document to copy it and must return the document to the council as soon as practicable after copying it.
The Minister may disclose the information given to the Minister under this section to an entity the Minister considers appropriate to help the Minister assess—
the financial viability of the institute or the council; or
how the institute or the council is being administered or managed.
In this section—
information includes a document.
(sec.30-ssec.1) This section applies if— the council gives the Minister a notice under section 29 ; or the Minister has a concern about the financial viability, administration or management of the institute or the council.
(sec.30-ssec.2) The Minister may, by written notice given to the council, ask the council to do either or both of the following within a stated reasonable period and in a stated reasonable way— give the Minister information in the council’s possession about a stated matter; make information in the council’s possession about a stated matter available for inspection by the Minister.
(sec.30-ssec.3) Unless the Minister is satisfied there are exceptional circumstances, the Minister must consult with the council before giving a notice under subsection (2) .
(sec.30-ssec.4) The council must comply with a notice given under subsection (2) .
(sec.30-ssec.5) If the council gives the Minister a document under this section, the Minister may keep the document to copy it and must return the document to the council as soon as practicable after copying it.
(sec.30-ssec.6) The Minister may disclose the information given to the Minister under this section to an entity the Minister considers appropriate to help the Minister assess— the financial viability of the institute or the council; or how the institute or the council is being administered or managed.
(sec.30-ssec.7) In this section— information includes a document.
(a) the council gives the Minister a notice under section 29 ; or
(b) the Minister has a concern about the financial viability, administration or management of the institute or the council.
(a) give the Minister information in the council’s possession about a stated matter;
(b) make information in the council’s possession about a stated matter available for inspection by the Minister.
(a) the financial viability of the institute or the council; or
(b) how the institute or the council is being administered or managed.
pt.2-div.5
Subcommittees
Subcommittees
sec.31
Council may establish subcommittees
sec.31 Council may establish subcommittees
The council may establish a subcommittee to help the council perform its functions.
In establishing a subcommittee, the council may decide the following matters—
the functions of, or terms of reference for, the subcommittee;
the number of persons to be appointed to the subcommittee as members and any appropriate qualifications for membership of the subcommittee;
the way, or frequency with which, the subcommittee must conduct its meetings or report to the council;
any other matter that is necessary or convenient to be done by the subcommittee in performing its functions.
The subcommittee consists of the persons appointed by the council as members of the subcommittee.
A member of a subcommittee—
is entitled to the remuneration and allowances decided by the Minister and stated in the member’s instrument of appointment; and
holds office on the terms and conditions, not provided for by this Act, stated in the member’s instrument of appointment.
(sec.31-ssec.1) The council may establish a subcommittee to help the council perform its functions.
(sec.31-ssec.2) In establishing a subcommittee, the council may decide the following matters— the functions of, or terms of reference for, the subcommittee; the number of persons to be appointed to the subcommittee as members and any appropriate qualifications for membership of the subcommittee; the way, or frequency with which, the subcommittee must conduct its meetings or report to the council; any other matter that is necessary or convenient to be done by the subcommittee in performing its functions.
(sec.31-ssec.3) The subcommittee consists of the persons appointed by the council as members of the subcommittee.
(sec.31-ssec.4) A member of a subcommittee— is entitled to the remuneration and allowances decided by the Minister and stated in the member’s instrument of appointment; and holds office on the terms and conditions, not provided for by this Act, stated in the member’s instrument of appointment.
(a) the functions of, or terms of reference for, the subcommittee;
(b) the number of persons to be appointed to the subcommittee as members and any appropriate qualifications for membership of the subcommittee;
(c) the way, or frequency with which, the subcommittee must conduct its meetings or report to the council;
(d) any other matter that is necessary or convenient to be done by the subcommittee in performing its functions.
(a) is entitled to the remuneration and allowances decided by the Minister and stated in the member’s instrument of appointment; and
(b) holds office on the terms and conditions, not provided for by this Act, stated in the member’s instrument of appointment.
sec.32
Validity of decisions
sec.32 Validity of decisions
A decision of a subcommittee established under section 31 is not invalid only because—
there is a vacancy in the membership of the subcommittee; or
there is a defect or irregularity in the appointment of a member of the subcommittee.
(a) there is a vacancy in the membership of the subcommittee; or
(b) there is a defect or irregularity in the appointment of a member of the subcommittee.
pt.2-div.6
Institute director
Institute director
sec.33
Appointing director of institute
sec.33 Appointing director of institute
The council must appoint a person as the director of the institute (the director ).
A person may be appointed as the director only if—
the council is satisfied the person is appropriately qualified; and
the person is not an insolvent under administration; and
the person has not been convicted of an indictable offence, other than a conviction that is a spent conviction; and
the Minister has approved the person’s appointment.
The director is appointed under this Act and not the Public Sector Act 2022 .
(sec.33-ssec.1) The council must appoint a person as the director of the institute (the director ).
(sec.33-ssec.2) A person may be appointed as the director only if— the council is satisfied the person is appropriately qualified; and the person is not an insolvent under administration; and the person has not been convicted of an indictable offence, other than a conviction that is a spent conviction; and the Minister has approved the person’s appointment.
(sec.33-ssec.3) The director is appointed under this Act and not the Public Sector Act 2022 .
(a) the council is satisfied the person is appropriately qualified; and
(b) the person is not an insolvent under administration; and
(c) the person has not been convicted of an indictable offence, other than a conviction that is a spent conviction; and
(d) the Minister has approved the person’s appointment.
sec.34
Term of appointment
sec.34 Term of appointment
The director holds office for the term stated in the director’s instrument of appointment.
The stated term must not be more than 7 years.
A person may be reappointed as director.
(sec.34-ssec.1) The director holds office for the term stated in the director’s instrument of appointment.
(sec.34-ssec.2) The stated term must not be more than 7 years.
(sec.34-ssec.3) A person may be reappointed as director.
sec.35
Responsibilities
sec.35 Responsibilities
The director is responsible for the day-to-day administration of the institute, including, for example—
ensuring the effective and efficient administration and operation of the institute; and
the management of staff members of the institute; and
the administration and conduct of research carried out by the institute.
The director—
must comply with the written policies and directions of the council in carrying out the responsibilities of the office; and
is accountable to the council.
The director also has the responsibilities given to the director under this Act or another Act.
(sec.35-ssec.1) The director is responsible for the day-to-day administration of the institute, including, for example— ensuring the effective and efficient administration and operation of the institute; and the management of staff members of the institute; and the administration and conduct of research carried out by the institute.
(sec.35-ssec.2) The director— must comply with the written policies and directions of the council in carrying out the responsibilities of the office; and is accountable to the council.
(sec.35-ssec.3) The director also has the responsibilities given to the director under this Act or another Act.
(a) ensuring the effective and efficient administration and operation of the institute; and
(b) the management of staff members of the institute; and
(c) the administration and conduct of research carried out by the institute.
(a) must comply with the written policies and directions of the council in carrying out the responsibilities of the office; and
(b) is accountable to the council.
sec.36
Conditions of appointment
sec.36 Conditions of appointment
The director is to be paid the remuneration and allowances—
decided by the council; and
approved by the Minister.
The director holds office on the terms and conditions, not provided for by this Act—
decided by the council; and
approved by the Minister.
(sec.36-ssec.1) The director is to be paid the remuneration and allowances— decided by the council; and approved by the Minister.
(sec.36-ssec.2) The director holds office on the terms and conditions, not provided for by this Act— decided by the council; and approved by the Minister.
(a) decided by the council; and
(b) approved by the Minister.
(a) decided by the council; and
(b) approved by the Minister.
sec.37
Director must disclose particular matters
sec.37 Director must disclose particular matters
This section applies to a person who—
is appointed as the director; and
during the term of the person’s appointment—
becomes an insolvent under administration; or
is charged with, or convicted of, an indictable offence.
The person must, unless the person has a reasonable excuse, immediately give written notice of the insolvency, charge or conviction to the council.
Maximum penalty—100 penalty units.
If subsection (1) (b) (ii) applies, the written notice must state the following matters—
the existence of the charge or conviction;
when the offence was committed or allegedly committed;
details adequate to identify the offence or alleged offence;
for a conviction—the sentence imposed on the person.
(sec.37-ssec.1) This section applies to a person who— is appointed as the director; and during the term of the person’s appointment— becomes an insolvent under administration; or is charged with, or convicted of, an indictable offence.
(sec.37-ssec.2) The person must, unless the person has a reasonable excuse, immediately give written notice of the insolvency, charge or conviction to the council. Maximum penalty—100 penalty units.
(sec.37-ssec.3) If subsection (1) (b) (ii) applies, the written notice must state the following matters— the existence of the charge or conviction; when the offence was committed or allegedly committed; details adequate to identify the offence or alleged offence; for a conviction—the sentence imposed on the person.
(a) is appointed as the director; and
(b) during the term of the person’s appointment— (i) becomes an insolvent under administration; or (ii) is charged with, or convicted of, an indictable offence.
(i) becomes an insolvent under administration; or
(ii) is charged with, or convicted of, an indictable offence.
(i) becomes an insolvent under administration; or
(ii) is charged with, or convicted of, an indictable offence.
(a) the existence of the charge or conviction;
(b) when the offence was committed or allegedly committed;
(c) details adequate to identify the offence or alleged offence;
(d) for a conviction—the sentence imposed on the person.
sec.38
Acting director
sec.38 Acting director
This section applies if—
the office of the director is vacant; or
the director is for any reason unable to perform the functions of the office.
The council may appoint a person to act as the director—
for a period of not longer than 6 months; and
only if the person could be appointed as the director under section 33 (2) (a) to (c) .
However, the council may extend the appointment for a further period of not longer than 6 months, with the Minister’s approval.
(sec.38-ssec.1) This section applies if— the office of the director is vacant; or the director is for any reason unable to perform the functions of the office.
(sec.38-ssec.2) The council may appoint a person to act as the director— for a period of not longer than 6 months; and only if the person could be appointed as the director under section 33 (2) (a) to (c) .
(sec.38-ssec.3) However, the council may extend the appointment for a further period of not longer than 6 months, with the Minister’s approval.
(a) the office of the director is vacant; or
(b) the director is for any reason unable to perform the functions of the office.
(a) for a period of not longer than 6 months; and
(b) only if the person could be appointed as the director under section 33 (2) (a) to (c) .
pt.2-div.7
Institute staff and other matters
Institute staff and other matters
sec.39
Institute staff
sec.39 Institute staff
The council may employ staff of the institute the council considers appropriate to help the council—
carry out the institute’s purpose; and
perform any other function under this Act.
The staff employed under this section—
are to be paid the remuneration and allowances decided by the council; and
are employed under this Act and not the Public Sector Act 2022 .
(sec.39-ssec.1) The council may employ staff of the institute the council considers appropriate to help the council— carry out the institute’s purpose; and perform any other function under this Act.
(sec.39-ssec.2) The staff employed under this section— are to be paid the remuneration and allowances decided by the council; and are employed under this Act and not the Public Sector Act 2022 .
(a) carry out the institute’s purpose; and
(b) perform any other function under this Act.
(a) are to be paid the remuneration and allowances decided by the council; and
(b) are employed under this Act and not the Public Sector Act 2022 .
sec.40
Engagement of researchers
sec.40 Engagement of researchers
The council may engage a person (a researcher ) to help the council carry out the institute’s purpose.
A person may be engaged as a researcher only if the council is satisfied the person is appropriately qualified.
A person engaged under this section is engaged for the term stated in the instrument under which the person is engaged.
(sec.40-ssec.1) The council may engage a person (a researcher ) to help the council carry out the institute’s purpose.
(sec.40-ssec.2) A person may be engaged as a researcher only if the council is satisfied the person is appropriately qualified.
(sec.40-ssec.3) A person engaged under this section is engaged for the term stated in the instrument under which the person is engaged.
sec.41
Ownership of intellectual property
sec.41 Ownership of intellectual property
This section applies in relation to intellectual property produced—
by a staff member of the institute or a researcher; and
in the course of performing functions of the staff member or researcher under this Act.
Subject to any other Act or an arrangement between the staff member or researcher and the council, ownership of the intellectual property vests in the council.
(sec.41-ssec.1) This section applies in relation to intellectual property produced— by a staff member of the institute or a researcher; and in the course of performing functions of the staff member or researcher under this Act.
(sec.41-ssec.2) Subject to any other Act or an arrangement between the staff member or researcher and the council, ownership of the intellectual property vests in the council.
(a) by a staff member of the institute or a researcher; and
(b) in the course of performing functions of the staff member or researcher under this Act.
sec.42
Commercialised incentive payments for intellectual property
sec.42 Commercialised incentive payments for intellectual property
This section applies in relation to an item of intellectual property that—
is produced by a person as part of the person’s employment, contractual or other arrangement with the council; and
is owned by the council.
If the council has a net commercialisation revenue amount for an item of intellectual property, the council may pay each person who produced the intellectual property a payment (a commercialised incentive payment ) in accordance with the following limits—
a maximum total amount of $10m may be paid in relation to the item of intellectual property in a financial year;
a maximum amount of $5m may be paid to a person in relation to the item of intellectual property in a financial year.
The council may pay a commercialised incentive payment in excess of a maximum amount stated in subsection (2) if, before the payment is made, the Governor in Council approves the payment.
A commercialised incentive payment must be paid from the net commercialisation revenue amount for the item of intellectual property.
The council may pay a person a commercialised incentive payment in addition to any other payment the council must pay the person.
In this section—
net commercialisation revenue amount , for an item of intellectual property, means the council’s net earnings derived from the commercialisation of the intellectual property.
(sec.42-ssec.1) This section applies in relation to an item of intellectual property that— is produced by a person as part of the person’s employment, contractual or other arrangement with the council; and is owned by the council.
(sec.42-ssec.2) If the council has a net commercialisation revenue amount for an item of intellectual property, the council may pay each person who produced the intellectual property a payment (a commercialised incentive payment ) in accordance with the following limits— a maximum total amount of $10m may be paid in relation to the item of intellectual property in a financial year; a maximum amount of $5m may be paid to a person in relation to the item of intellectual property in a financial year.
(sec.42-ssec.3) The council may pay a commercialised incentive payment in excess of a maximum amount stated in subsection (2) if, before the payment is made, the Governor in Council approves the payment.
(sec.42-ssec.4) A commercialised incentive payment must be paid from the net commercialisation revenue amount for the item of intellectual property.
(sec.42-ssec.5) The council may pay a person a commercialised incentive payment in addition to any other payment the council must pay the person.
(sec.42-ssec.6) In this section— net commercialisation revenue amount , for an item of intellectual property, means the council’s net earnings derived from the commercialisation of the intellectual property.
(a) is produced by a person as part of the person’s employment, contractual or other arrangement with the council; and
(b) is owned by the council.
(a) a maximum total amount of $10m may be paid in relation to the item of intellectual property in a financial year;
(b) a maximum amount of $5m may be paid to a person in relation to the item of intellectual property in a financial year.
pt.3
Miscellaneous
Miscellaneous
sec.43
Annual report
sec.43 Annual report
The council must include in its annual report prepared under the Financial Accountability Act 2009 , section 63 for a financial year, information about—
the functions performed by the council during the financial year; and
how efficiently and effectively the council has performed its functions during the financial year.
The information mentioned in subsection (1) may include statistics.
The report must not be prepared in a way that discloses confidential information.
In this section—
confidential information means information, other than information that is publicly available—
about a person’s personal affairs or reputation; or
that would be likely to damage the commercial activities of a person to whom the information relates; or
that is contained in—
a report given under section 18 ; or
a notice given under section 19 .
(sec.43-ssec.1) The council must include in its annual report prepared under the Financial Accountability Act 2009 , section 63 for a financial year, information about— the functions performed by the council during the financial year; and how efficiently and effectively the council has performed its functions during the financial year.
(sec.43-ssec.2) The information mentioned in subsection (1) may include statistics.
(sec.43-ssec.3) The report must not be prepared in a way that discloses confidential information.
(sec.43-ssec.4) In this section— confidential information means information, other than information that is publicly available— about a person’s personal affairs or reputation; or that would be likely to damage the commercial activities of a person to whom the information relates; or that is contained in— a report given under section 18 ; or a notice given under section 19 .
(a) the functions performed by the council during the financial year; and
(b) how efficiently and effectively the council has performed its functions during the financial year.
(a) about a person’s personal affairs or reputation; or
(b) that would be likely to damage the commercial activities of a person to whom the information relates; or
(c) that is contained in— (i) a report given under section 18 ; or (ii) a notice given under section 19 .
(i) a report given under section 18 ; or
(ii) a notice given under section 19 .
(i) a report given under section 18 ; or
(ii) a notice given under section 19 .
sec.44
Application of Collections Act 1966
sec.44 Application of Collections Act 1966
The Collections Act 1966 applies to the council in the performance of its functions and exercise of its powers, subject to subsection (2) .
For the Collections Act 1966 , part 3 , the functions of the council are taken to be a purpose that is sanctioned for that Act.
(sec.44-ssec.1) The Collections Act 1966 applies to the council in the performance of its functions and exercise of its powers, subject to subsection (2) .
(sec.44-ssec.2) For the Collections Act 1966 , part 3 , the functions of the council are taken to be a purpose that is sanctioned for that Act.
sec.45
Delegation and subdelegation
sec.45 Delegation and subdelegation
The council may delegate the council’s functions or powers under this Act to the director.
The director may delegate the director’s functions or powers under this Act to an appropriately qualified staff member of the institute.
Also, if the council delegates a function or power to the director under subsection (1) , the director may subdelegate the function or power to an appropriately qualified staff member of the institute.
(sec.45-ssec.1) The council may delegate the council’s functions or powers under this Act to the director.
(sec.45-ssec.2) The director may delegate the director’s functions or powers under this Act to an appropriately qualified staff member of the institute.
(sec.45-ssec.3) Also, if the council delegates a function or power to the director under subsection (1) , the director may subdelegate the function or power to an appropriately qualified staff member of the institute.
sec.46
Gifts, devises and bequests
sec.46 Gifts, devises and bequests
This section applies if a gift, devise or bequest of property is made to the council for the benefit of the institute.
If the council accepts the gift, devise or bequest—
the acceptance is a complete discharge to the person making the gift, devise or bequest; and
the person is not responsible for how the gift, devise or bequest is applied.
If the person making the gift, devise or bequest gives any of the following directions, the council must comply with the direction—
to keep a record of and an account for the property the subject of the gift, devise or bequest;
to use the property in a particular way and for a particular purpose;
to identify and use the property under a particular name or title.
To the extent that subsection (3) does not apply, the council may do any of the following things in relation to the property the subject of the gift, devise or bequest—
use the property in a way and for a purpose decided by the council;
identify and use the property under the name or title decided by the council.
This section applies subject to the Financial Accountability Act 2009 , section 64 .
(sec.46-ssec.1) This section applies if a gift, devise or bequest of property is made to the council for the benefit of the institute.
(sec.46-ssec.2) If the council accepts the gift, devise or bequest— the acceptance is a complete discharge to the person making the gift, devise or bequest; and the person is not responsible for how the gift, devise or bequest is applied.
(sec.46-ssec.3) If the person making the gift, devise or bequest gives any of the following directions, the council must comply with the direction— to keep a record of and an account for the property the subject of the gift, devise or bequest; to use the property in a particular way and for a particular purpose; to identify and use the property under a particular name or title.
(sec.46-ssec.4) To the extent that subsection (3) does not apply, the council may do any of the following things in relation to the property the subject of the gift, devise or bequest— use the property in a way and for a purpose decided by the council; identify and use the property under the name or title decided by the council.
(sec.46-ssec.5) This section applies subject to the Financial Accountability Act 2009 , section 64 .
(a) the acceptance is a complete discharge to the person making the gift, devise or bequest; and
(b) the person is not responsible for how the gift, devise or bequest is applied.
(a) to keep a record of and an account for the property the subject of the gift, devise or bequest;
(b) to use the property in a particular way and for a particular purpose;
(c) to identify and use the property under a particular name or title.
(a) use the property in a way and for a purpose decided by the council;
(b) identify and use the property under the name or title decided by the council.
sec.47
Regulation-making power
sec.47 Regulation-making power
The Governor in Council may make regulations under this Act.
pt.4
Repeal and transitional provisions
Repeal and transitional provisions
pt.4-div.1
Repeal
Repeal
sec.48
Repeal
sec.48 Repeal
The Queensland Institute of Medical Research Act 1945 , No. 21 is repealed.
pt.4-div.2
Transitional provisions
Transitional provisions
sec.49
Definitions for division
sec.49 Definitions for division
In this division—
repealed Act means the repealed Queensland Institute of Medical Research Act 1945 .
sec.50
Continuation of existing appointment—council members
sec.50 Continuation of existing appointment—council members
This section applies to a person who, immediately before the commencement, held an appointment as a member of the council under the repealed Act, section 5.
From the commencement—
the person’s appointment as a member of the council continues under this Act subject to the terms and conditions of the person’s instrument of appointment; and
if the person was appointed as chair under the repealed Act, section 5C, the person is taken to be appointed as chairperson under section 14; and
if the person was appointed as deputy chair under the repealed Act, section 5C, the person is taken to be appointed as deputy chairperson under section 14.
(sec.50-ssec.1) This section applies to a person who, immediately before the commencement, held an appointment as a member of the council under the repealed Act, section 5.
(sec.50-ssec.2) From the commencement— the person’s appointment as a member of the council continues under this Act subject to the terms and conditions of the person’s instrument of appointment; and if the person was appointed as chair under the repealed Act, section 5C, the person is taken to be appointed as chairperson under section 14; and if the person was appointed as deputy chair under the repealed Act, section 5C, the person is taken to be appointed as deputy chairperson under section 14.
(a) the person’s appointment as a member of the council continues under this Act subject to the terms and conditions of the person’s instrument of appointment; and
(b) if the person was appointed as chair under the repealed Act, section 5C, the person is taken to be appointed as chairperson under section 14; and
(c) if the person was appointed as deputy chair under the repealed Act, section 5C, the person is taken to be appointed as deputy chairperson under section 14.
sec.51
Continuation of existing advisory committees
sec.51 Continuation of existing advisory committees
This section applies in relation to an advisory committee formed under the repealed Act, section 8(9) that, immediately before the commencement, was continuing to advise the council on a matter referred to the committee.
From the commencement—
the advisory committee is taken to be a subcommittee established under section 31 to help the council perform its functions in relation to the matter; and
each person who, immediately before the commencement, was a member of the advisory committee—
is taken to be appointed as a member of the subcommittee under section 31(3); and
is entitled to the fees and allowances approved by the Governor in Council under the repealed Act, section 8(11).
(sec.51-ssec.1) This section applies in relation to an advisory committee formed under the repealed Act, section 8(9) that, immediately before the commencement, was continuing to advise the council on a matter referred to the committee.
(sec.51-ssec.2) From the commencement— the advisory committee is taken to be a subcommittee established under section 31 to help the council perform its functions in relation to the matter; and each person who, immediately before the commencement, was a member of the advisory committee— is taken to be appointed as a member of the subcommittee under section 31(3); and is entitled to the fees and allowances approved by the Governor in Council under the repealed Act, section 8(11).
(a) the advisory committee is taken to be a subcommittee established under section 31 to help the council perform its functions in relation to the matter; and
(b) each person who, immediately before the commencement, was a member of the advisory committee— (i) is taken to be appointed as a member of the subcommittee under section 31(3); and (ii) is entitled to the fees and allowances approved by the Governor in Council under the repealed Act, section 8(11).
(i) is taken to be appointed as a member of the subcommittee under section 31(3); and
(ii) is entitled to the fees and allowances approved by the Governor in Council under the repealed Act, section 8(11).
(i) is taken to be appointed as a member of the subcommittee under section 31(3); and
(ii) is entitled to the fees and allowances approved by the Governor in Council under the repealed Act, section 8(11).
sec.52
Continuation of existing appointment—director
sec.52 Continuation of existing appointment—director
This section applies to a person who, immediately before the commencement, held an appointment as director of the institute under the repealed Act, section 10.
From the commencement, the person’s appointment as director of the institute continues under this Act subject to the terms and conditions of the person’s instrument of appointment.
(sec.52-ssec.1) This section applies to a person who, immediately before the commencement, held an appointment as director of the institute under the repealed Act, section 10.
(sec.52-ssec.2) From the commencement, the person’s appointment as director of the institute continues under this Act subject to the terms and conditions of the person’s instrument of appointment.
sec.53
Continuation of existing appointments—deputy director, secretary and other employees
sec.53 Continuation of existing appointments—deputy director, secretary and other employees
This section applies to a person who, immediately before the commencement, held an appointment—
as deputy director of the institute under the repealed Act, section 10; or
as secretary of the institute under the repealed Act, section 11(1); or
under the repealed Act, section 11(4).
From the commencement, the person’s appointment continues as follows—
the person is a staff member of the institute who has the functions decided by the director;
the person’s appointment is subject to the terms and conditions of the person’s instrument of appointment, to the extent the terms and conditions are consistent with paragraph (a).
(sec.53-ssec.1) This section applies to a person who, immediately before the commencement, held an appointment— as deputy director of the institute under the repealed Act, section 10; or as secretary of the institute under the repealed Act, section 11(1); or under the repealed Act, section 11(4).
(sec.53-ssec.2) From the commencement, the person’s appointment continues as follows— the person is a staff member of the institute who has the functions decided by the director; the person’s appointment is subject to the terms and conditions of the person’s instrument of appointment, to the extent the terms and conditions are consistent with paragraph (a).
(a) as deputy director of the institute under the repealed Act, section 10; or
(b) as secretary of the institute under the repealed Act, section 11(1); or
(c) under the repealed Act, section 11(4).
(a) the person is a staff member of the institute who has the functions decided by the director;
(b) the person’s appointment is subject to the terms and conditions of the person’s instrument of appointment, to the extent the terms and conditions are consistent with paragraph (a).
sec.54
Continuation of existing appointments—honorary research workers and research projects
sec.54 Continuation of existing appointments—honorary research workers and research projects
This section applies to a person who, immediately before the commencement, held an appointment—
as an honorary research worker under the repealed Act, section 11(6); or
to take part in research projects under the repealed Act, section 11A.
From the commencement, the person’s appointment continues as follows—
the person is taken to have been engaged as a researcher under section 40;
the person’s appointment is subject to the terms and conditions of the person’s instrument of appointment.
(sec.54-ssec.1) This section applies to a person who, immediately before the commencement, held an appointment— as an honorary research worker under the repealed Act, section 11(6); or to take part in research projects under the repealed Act, section 11A.
(sec.54-ssec.2) From the commencement, the person’s appointment continues as follows— the person is taken to have been engaged as a researcher under section 40; the person’s appointment is subject to the terms and conditions of the person’s instrument of appointment.
(a) as an honorary research worker under the repealed Act, section 11(6); or
(b) to take part in research projects under the repealed Act, section 11A.
(a) the person is taken to have been engaged as a researcher under section 40;
(b) the person’s appointment is subject to the terms and conditions of the person’s instrument of appointment.
sec.55
Saving of operation of repealed Act, section 31
sec.55 Saving of operation of repealed Act, section 31
The repealed Act, section 31, is declared to be a law to which the Acts Interpretation Act 1954 , section 20A applies.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Queensland Institute of Medical Research Act 2025 .
sec.2 Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3 Act binds all persons
sec.3 Act binds all persons
This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.
However, the State, the Commonwealth or another State can not be prosecuted for an offence against this Act.
(sec.3-ssec.1) This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.
(sec.3-ssec.2) However, the State, the Commonwealth or another State can not be prosecuted for an offence against this Act.
sec.4 Definitions
sec.4 Definitions
The dictionary in schedule 1 defines particular words used in this Act.
pt.2 Queensland Institute of Medical Research
Queensland Institute of Medical Research
pt.2-div.1 The institute
The institute
sec.5 The Queensland Institute of Medical Research
sec.5 The Queensland Institute of Medical Research
The Queensland Institute of Medical Research established under the repealed Queensland Institute of Medical Research Act 1945 , section 3 (the institute ) is continued in existence under this Act.
The institute is established for the purpose of—
initiating and conducting research into any branch of medical science, particularly in relation to diseases of particular significance to Queensland; and
directing and using the research to improve the health and the wellbeing of the people of Queensland.
(sec.5-ssec.1) The Queensland Institute of Medical Research established under the repealed Queensland Institute of Medical Research Act 1945 , section 3 (the institute ) is continued in existence under this Act.
(sec.5-ssec.2) The institute is established for the purpose of— initiating and conducting research into any branch of medical science, particularly in relation to diseases of particular significance to Queensland; and directing and using the research to improve the health and the wellbeing of the people of Queensland.
(a) initiating and conducting research into any branch of medical science, particularly in relation to diseases of particular significance to Queensland; and
Testing that stated purpose against the Act’s mechanics identifies the main instruments the statute uses to pursue the purpose: decentralised corporate governance under a Ministerially appointed Council, commercialisation powers (s 9(e), s 42), delegated executive management through an accountable Director (ss 33-36), and statutory exemptions from Public Sector Act employment regimes for Council members, staff and researchers (ss 11(3), 33(3), 39(2)). These instruments create incentives and costs. For example, vesting IP in the Council and permitting substantial incentive payments (s 41, s 42) incentivises researchers toward commercial translation, but also concentrates decision rights over ownership, licensing and revenue use in the Council. Ministerial appointment, removal and information powers (ss 11, 14, 16, 29, 30) give the executive visibility and control over governance and financial risk, at the cost of increased political discretion over appointments and oversight.
Who pays, who decides and what behaviour changes under the Act are concrete. The Council raises and accepts funds, invests, exploits and commercialises resources and pays staff and incentive payments (ss 9, 42). The Minister appoints and removes Council members, approves the Director and may require information or responses from Council where there are viability or administration concerns (ss 11, 14, 16, 30). Researchers and staff are engaged by the Council under contracts with terms and conditions set by the Council rather than the Public Sector Act (ss 39-40). These allocations of rights and obligations will affect recruitment, compensation structures, commercial strategy and the Council’s accountability pathways.
The Act also creates compliance risks and reporting duties, including criminal history processes (ss 18-20), notification duties for charges or convictions (ss 19, 37), confidentiality and destruction obligations for criminal history information (s 20), and statutory penalties for failures to notify (s 17(2), s 19(2), s 37(2), s 20(2)). Finally, the Act repeals the 1945 Act and contains transitional provisions that continue existing appointments and advisory committees under the new régime (ss 48-55).
Main concepts
The Act organises a compact set of governance, employment, intellectual property and oversight concepts around the continued Institute. The primary concepts and their statutory locations are:
Institute purpose. The statutory purpose is set out in s 5(2): initiate and conduct medical research, emphasise diseases significant to Queensland, and direct and use research to improve health and wellbeing. This purpose underpins the Council’s functions in s 9 and the Collections Act application in s 44.
Corporate governance. The Council is a body corporate with capacity to sue and be sued and expressly does not represent the State (s 7). It is subject to financial and borrowing oversight under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 (s 8). The Council’s composition, appointment criteria, term limits, remuneration and removal rules are in ss 11-16.
Ministerial control points. The Minister appoints up to nine Council members (s 11(1)), may appoint chair and deputy (s 14), may remove members on a range of grounds (s 16), and must approve Director appointments (s 33(2)(d)). The Minister also has a statutory information request power where financial or administrative concerns arise (s 30), and the Council must notify the Minister of matters that may significantly affect the Institute (s 29).
Executive management. The Council must appoint a Director responsible for day‑to‑day administration and staff management (ss 33-35). The Director’s appointment is subject to qualification, insolvency and criminal conviction checks (s 33(2)), term limits (s 34), remuneration and conditions decided by the Council with Ministerial approval (s 36), and disclosure duties for insolvency or charge/conviction events during tenure (s 37). The Council may appoint acting Directors for limited periods (s 38).
Employment outside public service regime. Council members, Director and staff are appointed under this Act not under the Public Sector Act 2022 (ss 11(3), 33(3), 39(2)). The Council determines staff remuneration and conditions (s 39(2)). Researchers are engaged under s 40.
Intellectual property and reward. IP produced by staff or engaged researchers in performing institute functions vests in the Council, subject to other Acts or agreements (s 41). Where commercialisation generates net revenue, the Council may pay "commercialised incentive payments" to the producers of the IP, subject to two tiers of caps per item per financial year ($10m total; $5m to an individual) and a Governor in Council override for larger payments; payments must be from net commercialisation revenue (s 42).
Conflicts, criminal history and privacy. Council members must disclose material personal interests at meetings and not vote on matters where they have such an interest, subject to a possible majority waiver for participation (s 26). The Minister may request criminal history information from the police commissioner with the person’s written consent (s 18). Council members and the Director must notify specified criminal or insolvency events and face statutory penalties (ss 17(2), 19(2), 37(2)). Persons in possession of criminal history information are strictly limited in use and disclosure and must destroy the information when no longer required, even if the Public Records Act 2023 would otherwise require retention (s 20(4)).
Financial reporting, fundraising and gifts. The Council’s functions include raising, accepting and investing money (s 9). The Collections Act 1966 applies to the Council’s fundraising activity (s 44), with the Institute’s functions taken as a sanctioned purpose for that Act (s 44(2)). Gift acceptance provisions give donors partial control where they provide directions, otherwise the Council may apply gifts to purposes it decides (s 46). Annual reporting obligations require the Council to disclose functions performed and measures of efficiency and effectiveness, but not confidential information as defined (s 43).
Delegation and subdelegation. The Council may delegate functions or powers to the Director, and the Director may delegate or subdelegate to appropriately qualified staff (s 45).
These concepts interact in concrete ways. For example, vesting IP in Council (s 41) paired with the Council’s power to exploit commercially (s 9(e)) and to pay incentive sums (s 42) produces a model where the Council controls commercial strategy and shares revenue under preset caps. The Council’s financial accountability status (s 8) and Ministerial information powers (s 30) create oversight channels that can be triggered by notification obligations (s 29). The exclusion of Council members, Director and staff from the Public Sector Act (ss 11(3), 33(3), 39(2)) places employment and governance in a hybrid statutory-corporate space governed primarily by this Act and by the Financial Accountability Act 2009.
Who it affects
The Act assigns rights and obligations to a set of discrete actors. The principal affected parties and the effects on them are:
The Council. The Act continues the Council as the Institute’s corporate governing body (s 6). The Council is responsible for managing the Institute properly, efficiently and effectively, raising and investing funds, accepting gifts and commercialising facilities and resources (s 9). The Council holds broad powers of an individual to do anything necessary or convenient to perform its functions (s 10). It is also a statutory body under key financial and public integrity statutes (s 8), which subjects it to external statutory controls on borrowing and financial administration.
The Minister. The Minister appoints Council members (s 11), appoints the Chair and Deputy (s 14), removes members in specified circumstances (s 16), approves Director appointments and Director remuneration/conditions indirectly by approving council decisions that set the Director’s pay (ss 33(2)(d), 36), receives mandatory notices about significant matters affecting the Institute’s financial viability or administration (s 29), and may require information and inspect documents where the Minister is concerned about viability or administration (s 30). The Minister may also receive confidential information and pass it to third parties to assist assessment (s 30(6)).
Council members. Appointed by the Minister and subject to qualification criteria (s 11(2)), Council members serve terms not exceeding four years and may be reappointed but for no more than 12 years in total (s 12). Their remuneration and non‑statutory terms are set by the Minister (s 13). They must disclose material personal interests at meetings and are restricted from voting on conflicted matters (s 26). They are disqualified on insolvency, corporate management disqualification under the Corporations Act, membership of the Legislative Assembly, being staff of the Institute, convictions for indictable offences and refusal to consent to a ministerial criminal-history request (s 17). Failures to notify insolvency or disqualification can attract a penalty (s 17(2)).
The Director. The Council must appoint a Director (s 33), subject to qualifications, insolvency and conviction checks, and Ministerial approval (s 33(2)). The Director runs day‑to‑day administration and must follow Council policies and directions (s 35). Term is up to seven years and reappointment is permitted (s 34). Remuneration and conditions are decided by the Council and approved by the Minister (s 36). The Director must disclose insolvency, charges or convictions during tenure (s 37) and may be replaced by an acting Director for limited periods (s 38).
Staff and researchers. The Council hires staff under this Act, not the Public Sector Act 2022, and sets their remuneration and allowances (s 39). Researchers are engaged if appropriately qualified (s 40). Intellectual property produced by staff or researchers in the course of their functions vests in the Council, subject to other Acts or arrangements (s 41). Staff and researchers are affected by the IP rules and the commercialised incentive payment regime (s 42).
Donors and funders. The Council may accept gifts, devises and bequests (s 9(b), s 46). Donors may direct record‑keeping, use and naming requirements and the Council must comply with those directions (s 46(3)). Absent directions, the Council has discretion to use gifts (s 46(4)). Fundraising is subject to the Collections Act (s 44).
Police Commissioner and criminal history processes. The Minister may request a criminal history report from the police commissioner with the person’s written consent and the police commissioner must comply with information the commissioner possesses or can access (s 18). This creates direct duties for the police commissioner and a consent requirement for subjects.
The public and third parties. The Council may commercialise research and assets, enter into contracts and be sued in its corporate name (s 7). The Act’s annual report obligations require disclosure of how the Council performed its functions and its efficiency, subject to confidentiality limits (s 43). The Council is also a unit of public administration under the Crime and Corruption Act 2001 s 20, which opens the Council and its staff to public integrity scrutiny (s 8(1)(c)).
In sum, the Act places most decision rights over research direction, recruitment, IP ownership and commercialisation in the Council, while reserving appointment, approval and information rights to the Minister. Researchers and staff are economically affected by remuneration and IP payment rules that are established by the Council (ss 39-42). Donors retain modest contractual controls where they expressly provide directions (s 46). The Council’s statutory status under financial and anti‑corruption laws brings external compliance obligations (s 8).
Key duties and rights
The Act allocates concrete duties and rights to the Council, the Minister, Council members, the Director, staff and others. The most operationally important are:
Council duties and rights
Functions: manage the Institute properly, raise and accept funds, accept gifts and bequests, invest money, and exploit commercially Institute resources for benefit of the Institute (s 9). These are duties to perform and rights to act commercially.
Powers: all powers of an individual necessary or convenient to perform functions, and any other statutory powers (s 10).
Financial and statutory duties: as a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982, the Council is subject to financial governance, borrowing and accountability rules (s 8(1)(a)-(b)).
Reporting: prepare annual reports under the Financial Accountability Act that include functions performed and measures of efficiency and effectiveness, but exclude confidential information defined in s 43(4) (s 43).
Fundraising: subject to the Collections Act 1966 when performing functions and exercising powers related to fundraising; the Institute’s functions are a sanctioned purpose for part 3 of that Act (s 44).
Minister duties and rights
Appointment and removal: appoint Council members and the Chair and Deputy, and remove members if satisfied specified grounds apply (ss 11, 14, 16).
Approval powers: must approve Director appointments and approves remuneration and conditions of the Director as set by the Council (ss 33(2)(d), 36).
Oversight and information: receive immediate written notice where Council becomes aware of matters that may significantly affect financial viability or administration (s 29); may require information or inspections with consultation unless exceptional circumstances apply (s 30(2)-(3)); may disclose information provided under s 30 to another entity for assessment purposes (s 30(6)).
Council members’ duties and rights
Appointment criteria and terms: up to nine members, appointed by the Minister, with qualifications in listed fields, term not exceeding four years and total service capped at 12 years (ss 11, 12).
Remuneration and conditions: paid and governed by terms decided by the Minister (s 13).
Conflicts: disclose material personal interests as soon as practicable, record particulars in minutes, may participate further only if a majority of other members agree, but cannot vote on that matter (s 26).
Disclosure obligations: notify Minister of specified disqualifying events and criminal charge/conviction changes during tenure (ss 17(2), 19(2)).
Director’s duties and rights
Appointment requirements: Council must appoint Director, who must be appropriately qualified, not insolvent under administration, not convicted of indictable offence except spent convictions, and have Ministerial approval (s 33(2)).
Day‑to‑day management: responsible for effective, efficient administration, staff management and conduct of research (s 35).
Accountability: must comply with written policies/directions of the Council and is accountable to the Council (s 35(2)).
Disclosure obligations: notify Council immediately of insolvency, charge or conviction during term; penalties apply (s 37).
Staff and researchers
Employment: Council may employ staff it considers appropriate and set remuneration and allowances; staff are employed under this Act and not under the Public Sector Act 2022 (s 39).
Engagement: Council may engage researchers if appropriately qualified, on terms stated in engagement instruments (s 40).
IP ownership: intellectual property produced by staff or researchers in the course of their duties vests in the Council unless another Act or arrangement says otherwise (s 41).
Incentive payments: where the Council has net commercialisation revenue for an item, it may pay commercialised incentive payments up to statutory caps, payable from net commercialisation revenue only (s 42).
Criminal history and confidentiality duties
Ministerial request powers: the Minister may request criminal history information from the police commissioner to decide disqualification, but only with the person’s written consent; police commissioner must comply for information in possession or accessible (s 18).
Disclosure obligations and penalties: Council members and Director must give immediate written notice of charges or convictions for indictable offences during tenure; penalties of up to 100 penalty units apply (ss 19, 37).
Confidentiality: persons with criminal history information must not disclose or use it except to the extent necessary to perform functions, with consent, as required by law, or by lawful process; they must destroy the information as soon as practicable when no longer needed, and s 20(4) prevails despite the Public Records Act 2023 (s 20).
Delegation and subdelegation rights
The Council may delegate its functions or powers to the Director, and the Director may delegate to appropriately qualified staff; delegation may also be subdelegated where the Council initially delegated to the Director (s 45).
Gifts and donor rights
If a donor provides directions about record-keeping, use or naming for a gift, the Council must comply; otherwise the Council may use the gift as it decides (s 46). Acceptance of a gift is a complete discharge to the donor and the donor is not responsible for how the gift is applied (s 46(2)).
These duties and rights structure operational decision-making, financial flows, accountability and confidentiality. Decision-making is concentrated in the Council and Director; Ministerial controls are concentrated in appointment, removal and information powers. IP ownership and commercialisation rights are vested in the Council, with capped payment obligations back to creators rather than open revenue sharing.
Penalties and enforcement
The Act specifies a limited set of statutory penalties and enforcement mechanisms concentrated on governance compliance, disclosure duties and confidentiality. The principal enforcement features are:
Statutory penalties
Failure to notify insolvency or disqualification: s 17(2) imposes a maximum penalty of 100 penalty units for the requirement to give notice of insolvency or disqualification occurring during a member’s term. The Act does not prescribe a separate monetary value for a penalty unit; that value is determined by applicable penalty unit provisions elsewhere in Queensland law.
Failure to notify charges or convictions: s 19(2) imposes a maximum penalty of 100 penalty units for a Council member who fails, without reasonable excuse, to immediately notify the Minister in writing of being charged with or convicted of an indictable offence during the appointment term.
Confidentiality breaches: s 20(2) imposes a maximum penalty of 100 penalty units for persons subject to s 20 who disclose criminal history information except as permitted under the statutory carve outs.
Director disclosure: s 37(2) imposes a maximum penalty of 100 penalty units for a Director who fails, without reasonable excuse, to immediately give written notice to the Council of insolvency, charge or conviction events during the Director’s term.
Removal and disqualification
Ministerial removal: the Minister may remove a Council member if satisfied specified grounds exist, including inappropriate or improper conduct in official or private capacity that reflects seriously and adversely on the Institute, incapacity, neglect or incompetence in functions, or unauthorised consent to borrowing beyond statutory powers (s 16). This is a direct executive enforcement tool.
Statutory disqualifications: s 17 lists disqualifying circumstances for becoming or continuing as a Council member, including insolvency under administration, disqualification under Corporations Act part 2D.6, convictions for indictable offences (other than spent convictions), membership of the Legislative Assembly, being a staff member of the Institute, or declining to consent to a s 18 criminal history request when asked. The Act requires immediate notification to the Minister of certain events during tenure (s 17(2)).
Ministerial information and intervention powers
Notice and information requirement: where the Council becomes aware of a matter that may significantly affect the Institute’s financial viability or administration, the Council must give the Minister written notice immediately (s 29). This triggers the Minister’s power to require information and inspections within a reasonable stated period and way, after consultation unless exceptional circumstances exist (s 30(2)-(3)). The Council must comply with such a notice (s 30(4)). The Minister may copy and temporarily retain documents and may disclose information to another entity to help assess viability or administration (s 30(5)-(6)). These provisions create administrative enforcement levers that can precipitate further Ministerial action.
Other enforcement contexts
Financial governance and borrowing oversight: s 8(1)(a)-(b) brings the Council within the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982. Those statutes contain their own compliance, report and sanction regimes relating to financial management, reporting and borrowing. The Act expressly notes that part 2B of the Statutory Bodies Financial Arrangements Act 1982 sets out the way that Act affects Council borrowing powers (s 8 note).
Crime and Corruption Act oversight: s 8(1)(c) declares the Council to be a unit of public administration under the Crime and Corruption Act 2001 s 20. That classification places Council officers and processes within the purview of corruption and public integrity investigation powers under that Act, with associated investigative and enforcement mechanisms not duplicated in this Act.
Limits and immunities
State immunity: s 3(2) states that the State, the Commonwealth or another State cannot be prosecuted for an offence against this Act. At the same time, s 7(2) expressly declares the Council does not represent the State, which focuses corporate liability on the Council as an entity separate from the State.
Judicial review and statutory discretion: the Act preserves Ministerial powers under the Acts Interpretation Act 1954 s 25 for removal of members (s 16(2)). The Act does not itself create internal review mechanisms for many Ministerial decisions, so ordinary public law remedies (judicial review) are likely the route for review of exercise of discretion, though the Act does not specify procedural appeal rights.
Operational consequences
The enforcement regime combines criminal‑style monetary penalties for disclosure and notification failures, administrative removal powers for misconduct or incapacity, Ministerial information powers for oversight, and external financial and integrity regimes (Financial Accountability Act, Statutory Bodies Financial Arrangements Act, Crime and Corruption Act). Together these provide a mix of sanctions aimed at governance and accountability rather than penalising ordinary research conduct. The practical enforcement path will commonly begin with Ministerial oversight and information requests (s 29-30), and escalate to removal (s 16) or statutory penalties for failures to notify or breaches of confidentiality (ss 17, 19, 20, 37) where warranted.
How it interacts with other laws
The Act explicitly integrates with a number of existing statutes and legal regimes by reference. The key interactions and their practical implications are:
Financial accountability and borrowing
Financial Accountability Act 2009: The Council is a statutory body under this Act (s 8(1)(a)). That classification imports the Financial Accountability Act’s financial management, reporting and audit obligations. The Council must prepare an annual report under s 63 of the Financial Accountability Act and include the information mandated by s 43 of this Act (s 43(1)); s 43’s confidentiality carve outs operate within the Financial Accountability Act reporting framework.
Statutory Bodies Financial Arrangements Act 1982: The Council is a statutory body under this Act as well (s 8(1)(b)). The text notes that part 2B of that Act sets out how it affects the Council’s borrowing powers. Practically, any borrowing or financial arrangements the Council contemplates must comply with the SBFAA’s approvals, guarantees and borrowing controls, and the SBFAA’s regime will influence treasury-level decisions and external finance options.
Crime and corruption oversight
Crime and Corruption Act 2001: The Council is declared a unit of public administration under s 20 of that Act (s 8(1)(c)), which subjects the Council and its staff to the oversight, investigative powers and reporting obligations of the Crime and Corruption Commission. This means alleged corrupt conduct involving Council affairs may be investigated under that Act and requires Council to maintain systems to prevent corrupt conduct.
Public sector employment law
Public Sector Act 2022: The Act expressly provides that Council members, the Director and staff employed under the Act are appointed under this Act and not under the Public Sector Act 2022 (ss 11(3), 33(3), 39(2)). That exclusion removes those roles from the Public Sector Act’s employment framework, workplace relations rules and related statutory safeguards. Instead, employment terms, conditions and remuneration are set by the Council (and in the Director’s case, approved by the Minister) under this Act. This creates a distinct employment ecosystem for Institute staff and Council appointees.
Collections and fundraising law
Collections Act 1966: The Collections Act applies to the Council in performing its functions and exercising its powers, subject to s 44(2), which deems the Council’s functions to be a sanctioned purpose for part 3 of the Collections Act. Fundraising by the Council must therefore observe the Collections Act’s licensing, conduct and accountability rules, which affects how donations, bequests and public appeals are handled operationally.
Corporations and insolvency law
Corporations Act 2001: s 17(1)(b) disqualifies a person from Council membership if the person is disqualified from managing corporations because of part 2D.6 of the Corporations Act. This cross‑reference brings corporate governance disqualification principles, such as director bans, into the Council’s eligibility rules. Insolvency under administration as a disqualification point also imports insolvency law standards into governance eligibility (s 17(1)(a)).
Records and archives law
Public Records Act 2023: s 20(4) states that the duty to destroy criminal history information as soon as practicable after it is no longer needed applies despite the Public Records Act 2023. That is an explicit override directing that criminal history material handled under this Act must be destroyed even if general public records retention rules would require otherwise. This creates a potential tension between record‑keeping for public accountability and privacy/confidentiality obligations for criminal history material.
Acts Interpretation Act 1954
s 16(2) of this Act states the removal power does not limit the Minister’s powers under the Acts Interpretation Act 1954 s 25. That reference preserves general statutory interpretative and administrative powers available to ministers under Queensland law in relation to removal decisions.
Other Acts and agreements
IP and employment exceptions: s 41 states ownership of IP vests in the Council subject to any other Act or an arrangement between the staff member/researcher and the Council. This preserves the ability for other statutes or contractual arrangements to modify default ownership rules. For example, where a funding contract or grant agreement imposes IP ownership or sharing regimes, those arrangements would sit alongside the Act’s default.
Practical implications of interactions
The Council operates at the intersection of corporate governance, public financial management, donor law and public sector integrity regimes. That multiplicity means compliance work must bridge public statutory reporting and audit regimes, public integrity obligations under the Crime and Corruption Act, fundraising compliance under the Collections Act, and internal employment and IP contracting that is not governed by the Public Sector Act. Records handling must accommodate both the Public Records Act regime generally and the specific destruction requirement for criminal history information under s 20. Ministerial oversight powers dovetail with the Financial Accountability Act reporting but add a direct statutory information request mechanism where viability or administration is in doubt (s 30). Lastly, the Council’s corporate status and statement that it does not represent the State (s 7(2)) creates a legal posture where liabilities and contractual obligations sit corporately with the Council, while the State retains limited immunity from prosecution under this Act (s 3(2)).
Amendment history
The provided text is a self-contained Act with the following immediate amendment history particulars embedded within it:
Repeal: The Act repeals the Queensland Institute of Medical Research Act 1945, No. 21 (s 48). That repeal is the principal statutory change enacted by the 2025 Act and reflects a legislative modernisation and recodification exercise.
Transitional and savings provisions: The Act contains transitional provisions that preserve continuity for existing appointments and advisory committees when the new Act commences. Specifically:
Council members appointed under the repealed Act s 5 who were in office at commencement continue under this Act subject to their instrument of appointment; chairs and deputies under the repealed Act are taken to be the chairperson and deputy chairperson under s 14 of this Act (s 50).
Advisory committees formed under the repealed Act s 8(9) that were advising the Council immediately before commencement are taken to be subcommittees under s 31; their members are taken to be subcommittee members and remain entitled to fees and allowances approved under the repealed Act (s 51).
The incumbent Director under the repealed Act s 10 continues as Director under this Act subject to terms of the instrument (s 52).
Deputy Director, Secretary and other employees holding appointments under various repealed Act provisions continue as staff under the new scheme, with functions allocated by the Director and subject to existing instrument terms consistent with the new staff arrangements (s 53).
Honorary research workers and persons taking part in research projects under the repealed Act are taken to be engaged as researchers under s 40 with their existing appointment terms continuing (s 54).
A saving is made of the operation of repealed Act s 31 as a law to which Acts Interpretation Act 1954 s 20A applies (s 55).
No further amendments, schedules or external amending instruments are present in the text supplied. There are no inserted amendment dates, amendment acts, or historical amendment notes included in the provided instrument.
Practically, the Act is presented as a repealing and replacement statute that preserves operational continuity for personnel and advisory structures, while reconfiguring governance, appointment, IP and employment mechanisms under a modern statutory framework. The transitional provisions reduce immediate implementation disruption by continuing incumbent appointments and committees (ss 50-54). The Act preserves donors’ existing entitlements to fees or allowances in at least one transitional context (s 51(2)(b)).
Where the reader needs to track later changes, a separate statute or regulation would be required to amend provisions such as appointment terms, remuneration caps or IP payment rules. None of those subsequent modification instruments are included in the provided text, so the present Act should be treated as the current operative text for the Institute until repealed or amended.
Litigation history
The supplied statutory text contains no case citations, no references to judicial decisions, and no annotated litigation history. The Act itself does not name or record any litigation, nor does it include a schedule of cases or refer to jurisprudence construing its provisions. Therefore, under the constraints of the source, the Act has no embedded litigation history to report.
That absence has practical implications to consider for practitioners and compliance professionals:
Predictability of interpretation. Because the Act is replacement legislation with no reported judicial interpretations in the text, many provisions (for example, discretionary standards such as the Minister being "satisfied" for appointment or removal under ss 11 and 16, or the meaning of "appropriate" qualifications in ss 11 and 40) will be open to administrative decision, and only later clarified through case law or administrative practice. Practitioners should expect that early disputes over the exercise of discretion will be resolved through administrative review and possibly judicial review under general public law principles rather than through any Act‑specific appellate route.
Sources for litigation. If disputes arise (for example around removal under s 16, confidentiality obligations under s 20, IP ownership under s 41, or the payment of commercialised incentive payments under s 42), the immediate legal resources will be the Act itself, the cross‑referenced statutes (Financial Accountability Act 2009; Statutory Bodies Financial Arrangements Act 1982; Crime and Corruption Act 2001; Corporations Act 2001; Collections Act 1966), contract law, and administrative law principles. Any litigation to challenge Ministerial decisions or Council actions will likely rely on those bodies of law.
Administrative review and public law remedies. The Act preserves Ministerial removal powers and other discretions without providing an internal review mechanism. In practice, affected persons may seek merits or judicial review remedies depending on the nature of the decision. Judicial review would test things like whether a decision was within power, was procedurally fair, or was rationally connected to legitimate statutory purposes, but those are not matters decided in or by the Act text itself.
In short, the Act contains no litigation history in the source document. For any substantive litigation questions or to determine whether cases have been brought regarding the Act’s operation after commencement, one must consult court records, tribunal decisions and subsequent legal reporting beyond the statutory text provided here.
Gotchas
The Act contains several specific provisions and cross‑references that create operational pitfalls, compliance traps and trade‑offs for Councils, directors, staff and advisers. The following are concrete "watch points" drawn directly from the text:
Appointments and exclusions from Public Sector Act
Council members, the Director and Institute staff are appointed under this Act and not the Public Sector Act 2022 (ss 11(3), 33(3), 39(2)). This exclusion frees the Council from some standard public sector employment structures but also removes usual Public Sector Act protections and processes. Practitioners should not assume staff entitlements, disciplinary frameworks or appeal rights under the Public Sector Act apply to these roles unless expressly adopted in engagement instruments.
Ministerial control over key governance levers
The Minister appoints up to nine members, selects chair and deputy, controls remuneration of members (ss 11, 13, 14) and approves Director appointments and Director remuneration (ss 33(2)(d), 36). The Minister also may remove members for a broad set of reasons, including conduct that reflects "seriously and adversely" on the Institute (s 16(1)(a)(ii)). The breadth of removal grounds and the Minister’s discretion may generate contested removal processes and administrative review litigation.
Criminal history consent requirement and disqualification consequences
The Minister may only request criminal history from the police commissioner with the person’s written consent (s 18(2)), yet s 17(1)(g) disqualifies a person if the Minister asks for consent to a s 18 request and the person does not consent. That creates a contractual binary: refusal to consent precludes appointment. It also ties appointment eligibility to private criminal history checks; counsel should ensure informed consent processes and consider privacy implications. Failure to notify criminal charges or convictions also attracts sizable penalties (ss 19(2), 37(2)).
Confidentiality and mandatory destruction of criminal history information
s 20(4) requires destruction of criminal history information as soon as practicable after it is no longer needed, and that requirement applies despite the Public Records Act 2023. If an agency’s documentation procedures are set up to retain records for audit or archival purposes, those systems may conflict with s 20’s destruction duty. Records policies must accommodate the specific retention/destruction schedule for criminal history information under this Act.
IP ownership and incentive payment caps
Ownership of intellectual property produced by staff or researchers in the course of their Institute functions vests in the Council by default (s 41). The Council may make commercialised incentive payments to producers from net commercialisation revenue, but the Act caps payments by item and by recipient per financial year ($10m total per item; $5m per person per item) and requires payments to be from net commercialisation revenue (s 42). If the Council contracts with external funders or enters collaborative projects where funding or IP-sharing is required, these statutory defaults could conflict with contractual expectations. Also, the Governor in Council may authorise higher payments, but practitioners should not assume uncapped payments are available without that approval (s 42(3)).
Fundraising and donor directions
The Collections Act 1966 applies to fundraising (s 44), and s 46 gives donors the right to direct record‑keeping and use or naming in relation to the property of gifts, which the Council must comply with. Where donors overlay conditions on gifts, the Council’s flexibility to reallocate funds is reduced. Conversely, absent directions, the Council has discretion to use gifts as it decides (s 46(4)). This duality necessitates careful donor agreements to avoid disputes over use and naming rights.
Ministerial information requests and potential for disclosure
Where the Minister has concerns about viability or administration, the Minister may require information and may disclose that information to another entity to assist assessment (s 30(6)). Councils should anticipate their internal reporting and confidentiality arrangements could be breached in such circumstances, and document handling protocols should reflect this statutory disclosure pathway.
Council corporate status and State representation
s 7(2) declares the Council does not represent the State, yet s 3(1) states the Act binds all persons including the State, and s 3(2) says the State, Commonwealth or other State cannot be prosecuted for an offence under the Act. This combination means the Council bears corporate legal identity and associated liabilities, but the State retains a limited immunity from prosecution under this Act. Legal advisers should not assume Crown immunity extends to Council acts or that the Council can always rely on State backing.
Meeting participation and resolution procedures
The Council may adopt procedures for written resolutions outside meetings provided a majority of members agree in writing (s 22(5)). That is operationally useful, but notice and record requirements will be important to validate such resolutions. Similarly, the quorum rule is a majority, but if a member must be excluded for conflict under s 26, remaining members still form a quorum (s 24(2)); however, a conflicted member may still participate in discussion if a majority of other members authorize it (s 26(4)). Minute‑keeping and conflict records are therefore essential to protect decisions from challenge.
Potential cross‑statute compliance complexities
Because the Council sits within the Financial Accountability, Statutory Bodies Financial Arrangements, Crime and Corruption and Collections Acts, compliance and audit obligations will be multi‑layered. Practitioners should build integrated compliance matrices; failure to coordinate obligations could expose the Council to conflicting requirements.
These "gotchas" are statutory features with immediate operational effect. Addressing them requires targeted drafting of engagement contracts, donor instruments, IP policies, confidentiality protocols and meeting/minuting practices, together with proactive liaison with the Minister’s office and legal counsel when consent or approval processes are triggered.
How to comply
The Act places specific procedural and substantive compliance obligations on the Council, the Director, Council members and staff. Practical steps to operational compliance, directly mapped to statutory provisions, are:
Governance and meetings
Adopt standing orders and meeting procedures that implement the s 22 provisions permitting technology‑enabled attendance, written resolutions with majority written agreement, and notice procedures for decisions taken outside meetings. Keep accurate minutes and records of decisions as required by s 28, and ensure minutes record particulars of any conflict disclosures per s 26(6).
Ensure quorum and voting procedures adhere to ss 24-25. Maintain attendance logs to identify absences that could trigger removal grounds under s 16(1)(e) if a member is absent from three consecutive meetings without permission and without reasonable excuse.
Appointments and tenure
For Ministerial appointments, ensure nominees meet the statutory qualification list in s 11(2)(a). Prepare written consent forms for any s 18 criminal history requests, because the Minister may only make a s 18 request with written consent (s 18(2)), and a refusal to consent when asked may disqualify a person from appointment (s 17(1)(g)).
Implement appointment instruments setting terms no longer than statutory maximums: Council member stated term no longer than four years (s 12(2)); total service not exceeding 12 years (s 12(4)); Director term not more than seven years (s 34(2)). For reappointments, maintain service history to ensure compliance with cumulative limits.
Disclosure and criminal history processes
Prepare and use standard consent templates for s 18 requests and establish secure channels to receive police‑commissioner reports. Remember the police commissioner must comply only for information in their possession or to which they have access (s 18(4)).
Establish immediate notification procedures for Council members and the Director to give written notice of insolvency, charges or convictions during tenure as required (ss 17(2), 19(2), 37(2)). These procedures should include template notices specifying the factual particulars required by s 19(3) and s 37(3).
Build retention and destruction workflows for criminal history information consistent with s 20: limit access to those who need it for administration of the Act, do not disclose or use the information beyond permitted purposes, and destroy information as soon as practicable when no longer needed. Include written acknowledgement mechanisms for staff handling such data to ensure compliance with s 20(2) and the destruction requirement that applies despite the Public Records Act 2023 (s 20(4)).
Conflict of interest management
Implement a conflict disclosure register and meeting minute templates that record the particulars of any material personal interest disclosure pursuant to s 26(6). Train members to recognise the categories of material personal interest set out in s 26(2). Ensure processes for securing majority consent if a conflicted member is to participate further, and ensure conflicted members do not vote on the matter (s 26(4)-(5)).
Financial governance and ministerial reporting
Establish internal financial controls and reporting aligned to the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 as required by s 8. Prepare to provide immediate written notice to the Minister under s 29 if the Council becomes aware of matters significantly affecting financial viability, legal exposure, investment losses or administration.
Maintain a responsive mechanism to comply with s 30 Ministerial information notices, including records that can be made available for inspection and procedures to copy and return documents if requested (s 30(4)-(5)). Ensure consultation occurs before receiving a s 30 notice unless the Minister determines exceptional circumstances exist (s 30(3)).
Employment, engagement and IP contracting
Document staff and researcher engagements under this Act with clear terms on roles, remuneration, and ownership of intellectual property consistent with s 39 and s 40. Contracts should explicitly state that IP produced in the course of duties vests in the Council by default (s 41), and where different arrangements are agreed, those should be explicit in written agreements to avoid default vesting.
For commercialisation and incentive payments under s 42, build accounting and payment controls to ensure commercialised incentive payments are paid only from net commercialisation revenue for the specific item, and are limited to the statutory caps per item per financial year. Procedures should include Board approval steps for payments, documentation of net commercialisation revenue calculations, and a process to seek Governor in Council approval if a payment in excess of statutory caps is proposed (s 42(3)).
Fundraising and gifts
Ensure compliance with Collections Act licensing and conduct requirements for fundraising activities (s 44). Maintain donor agreement templates that capture donor directions about record keeping, use and naming, which the Council must follow when provided (s 46(3)). Where donors do not specify directions, ensure internal governance of gift application under s 46(4) is transparent and documented.
Delegation and subdelegation
Formally record any delegations from the Council to the Director under s 45(1) and any subdelegations by the Director to appropriately qualified staff under s 45(2)-(3). Maintain delegation registers, qualification checks for delegates, and periodic reviews of delegation instruments to ensure they remain appropriate and legally robust.
Reporting and confidentiality
Prepare annual reports as part of the Financial Accountability Act reporting cycle and include the matters required by s 43, taking care not to disclose confidential information as defined in s 43(4). Maintain systems to segregate confidential material such as s 18 reports and s 19 notices from published reporting.
Gift acceptance and application
When accepting gifts, follow s 46: treat acceptance as a complete discharge for the donor, comply with donor directions where given, and document how gifts are applied when no direction exists. Ensure compliance with the Financial Accountability Act s 64 as required by s 46(5).
Records and archiving
Confine retention of criminal history information to the minimum necessary period and develop secure destruction procedures to comply with s 20(4). For other records, maintain compliance with the Public Records Act 2023 while recognising the specific override in s 20 for criminal history material.
Legal and compliance resourcing
Because the Council operates at the intersection of multiple statutory regimes, maintain access to legal advice on administrative law, financial law, IP, employment contracts under the Act, and data privacy/security. Consider appointing or contracting a compliance officer responsible for coordinating the Financial Accountability Act, Statutory Bodies Financial Arrangements Act, Collections Act and Crime and Corruption Act obligations.
By aligning governance documents, contract templates, minute practices and record management with the statutory prescriptions in the Act, the Council and its officers can materially reduce exposure to statutory penalties, preserve donor confidence, and ensure smooth interaction with ministerial oversight and external audit regimes.
(b) directing and using the research to improve the health and the wellbeing of the people of Queensland.
pt.2-div.2 The council
The council
sec.6 The council of the institute
sec.6 The council of the institute
The Council of The Queensland Institute of Medical Research established under the repealed Queensland Institute of Medical Research Act 1945 , section 3 (the council ) is continued in existence under this Act.
sec.7 Legal status
sec.7 Legal status
The council—
is a body corporate; and
may sue and be sued in its corporate name.
The council does not represent the State.
(sec.7-ssec.1) The council— is a body corporate; and may sue and be sued in its corporate name.
(sec.7-ssec.2) The council does not represent the State.
(a) is a body corporate; and
(b) may sue and be sued in its corporate name.
sec.8 Application of other Acts
sec.8 Application of other Acts
The council is—
a statutory body under the Financial Accountability Act 2009 ; and
a statutory body under the Statutory Bodies Financial Arrangements Act 1982 ; and
The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects the powers of the council.
a unit of public administration under the Crime and Corruption Act 2001 , section 20 .
(a) a statutory body under the Financial Accountability Act 2009 ; and
(b) a statutory body under the Statutory Bodies Financial Arrangements Act 1982 ; and Note— The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects the powers of the council.
(c) a unit of public administration under the Crime and Corruption Act 2001 , section 20 .
sec.9 Functions
sec.9 Functions
The council has the following functions—
to manage the institute in a proper, efficient and effective way;
to raise and accept money for the institute to carry out its purpose;
to accept any gift, devise or bequest of property made for the benefit of the institute;
to help the institute carry out its purpose by investing money—
raised by, or given to, the council; or
derived from any property, or other investment, owned or operated by the council;
to exploit commercially, for the institute’s benefit, a facility or resource owned by the council, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, managed by the council, whether alone or with someone else;
any other function given to the council under this Act or another Act.
(a) to manage the institute in a proper, efficient and effective way;
(b) to raise and accept money for the institute to carry out its purpose;
(c) to accept any gift, devise or bequest of property made for the benefit of the institute;
(d) to help the institute carry out its purpose by investing money— (i) raised by, or given to, the council; or (ii) derived from any property, or other investment, owned or operated by the council;
(i) raised by, or given to, the council; or
(ii) derived from any property, or other investment, owned or operated by the council;
(e) to exploit commercially, for the institute’s benefit, a facility or resource owned by the council, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, managed by the council, whether alone or with someone else;
(f) any other function given to the council under this Act or another Act.
(i) raised by, or given to, the council; or
(ii) derived from any property, or other investment, owned or operated by the council;
sec.10 Powers
sec.10 Powers
The council has all the powers of an individual and may do anything necessary or convenient to be done in the performance of its functions.
Also, the council has any other power given to it under this Act or another Act.
(sec.10-ssec.1) The council has all the powers of an individual and may do anything necessary or convenient to be done in the performance of its functions.
(sec.10-ssec.2) Also, the council has any other power given to it under this Act or another Act.
pt.2-div.3 Membership of council
Membership of council
sec.11 Council members
sec.11 Council members
The council consists of not more than 9 members appointed by the Minister.
The Minister may appoint a person as a council member only if the Minister is satisfied the person—
is appropriately qualified in at least 1 of the following areas—
corporate governance;
public or academic administration;
health or clinical research;
health ethics;
financial management;
fund raising;
commercialisation of intellectual property;
another area the Minister considers appropriate having regard to the institute’s purpose; and
is not disqualified from being a council member under section 17 .
A council member is appointed under this Act and not the Public Sector Act 2022 .
(sec.11-ssec.1) The council consists of not more than 9 members appointed by the Minister.
(sec.11-ssec.2) The Minister may appoint a person as a council member only if the Minister is satisfied the person— is appropriately qualified in at least 1 of the following areas— corporate governance; public or academic administration; health or clinical research; health ethics; financial management; fund raising; commercialisation of intellectual property; another area the Minister considers appropriate having regard to the institute’s purpose; and is not disqualified from being a council member under section 17 .
(sec.11-ssec.3) A council member is appointed under this Act and not the Public Sector Act 2022 .
(a) is appropriately qualified in at least 1 of the following areas— (i) corporate governance; (ii) public or academic administration; (iii) health or clinical research; (iv) health ethics; (v) financial management; (vi) fund raising; (vii) commercialisation of intellectual property; (viii) another area the Minister considers appropriate having regard to the institute’s purpose; and
(i) corporate governance;
(ii) public or academic administration;
(iii) health or clinical research;
(iv) health ethics;
(v) financial management;
(vi) fund raising;
(vii) commercialisation of intellectual property;
(viii) another area the Minister considers appropriate having regard to the institute’s purpose; and
(b) is not disqualified from being a council member under section 17 .
(i) corporate governance;
(ii) public or academic administration;
(iii) health or clinical research;
(iv) health ethics;
(v) financial management;
(vi) fund raising;
(vii) commercialisation of intellectual property;
(viii) another area the Minister considers appropriate having regard to the institute’s purpose; and
sec.12 Term of appointment
sec.12 Term of appointment
A council member holds office for the term stated in the member’s instrument of appointment.
The stated term must not be more than 4 years.
A council member may be reappointed.
However, a person must not be reappointed as a council member if the total period of the person’s appointment as a council member would be more than 12 years.
(sec.12-ssec.1) A council member holds office for the term stated in the member’s instrument of appointment.
(sec.12-ssec.2) The stated term must not be more than 4 years.
(sec.12-ssec.3) A council member may be reappointed.
(sec.12-ssec.4) However, a person must not be reappointed as a council member if the total period of the person’s appointment as a council member would be more than 12 years.
sec.13 Conditions of appointment
sec.13 Conditions of appointment
A council member is to be paid the remuneration and allowances decided by the Minister.
A council member holds office on the terms and conditions, not provided for by this Act, decided by the Minister.
(sec.13-ssec.1) A council member is to be paid the remuneration and allowances decided by the Minister.
(sec.13-ssec.2) A council member holds office on the terms and conditions, not provided for by this Act, decided by the Minister.
sec.14 Chairperson and deputy chairperson
sec.14 Chairperson and deputy chairperson
The Minister may appoint—
a council member to be the chairperson of the council; and
another council member to be the deputy chairperson of the council.
The Minister may appoint a council member as chairperson or deputy chairperson at the time the person is appointed as a council member.
The chairperson is responsible for managing and directing the activities of the council to ensure the council performs its functions and exercises its powers appropriately.
The deputy chairperson must act as chairperson—
during a vacancy in the office of the chairperson; and
during all periods when the chairperson is absent from duty or for another reason can not perform the functions of the office.
The chairperson and deputy chairperson hold office for the term stated in the person’s instrument of appointment.
A person may be reappointed as chairperson or deputy chairperson.
A vacancy in the office of chairperson or deputy chairperson arises if the person holding the office—
resigns from the office by signed notice given to the Minister; or
ceases to be a council member.
However, a person may continue to be a council member after resigning the office of chairperson or deputy chairperson.
(sec.14-ssec.1) The Minister may appoint— a council member to be the chairperson of the council; and another council member to be the deputy chairperson of the council.
(sec.14-ssec.2) The Minister may appoint a council member as chairperson or deputy chairperson at the time the person is appointed as a council member.
(sec.14-ssec.3) The chairperson is responsible for managing and directing the activities of the council to ensure the council performs its functions and exercises its powers appropriately.
(sec.14-ssec.4) The deputy chairperson must act as chairperson— during a vacancy in the office of the chairperson; and during all periods when the chairperson is absent from duty or for another reason can not perform the functions of the office.
(sec.14-ssec.5) The chairperson and deputy chairperson hold office for the term stated in the person’s instrument of appointment.
(sec.14-ssec.6) A person may be reappointed as chairperson or deputy chairperson.
(sec.14-ssec.7) A vacancy in the office of chairperson or deputy chairperson arises if the person holding the office— resigns from the office by signed notice given to the Minister; or ceases to be a council member.
(sec.14-ssec.8) However, a person may continue to be a council member after resigning the office of chairperson or deputy chairperson.
(a) a council member to be the chairperson of the council; and
(b) another council member to be the deputy chairperson of the council.
(a) during a vacancy in the office of the chairperson; and
(b) during all periods when the chairperson is absent from duty or for another reason can not perform the functions of the office.
(a) resigns from the office by signed notice given to the Minister; or
(b) ceases to be a council member.
sec.15 Vacancy in office
sec.15 Vacancy in office
The office of a council member becomes vacant if—
the member completes the member’s term of office and is not reappointed; or
the member resigns from office by signed notice given to the Minister; or
the member is removed from office under section 16 ; or
the member becomes disqualified from continuing in the office under section 17 .
However, if subsection (1) (a) applies to a council member and another person is not appointed to the member’s office before the member’s term of office ends, the member continues to hold the office for a further period ending on the earliest of the following—
when another person is appointed to the office;
6 months after the member’s term of office would have ended but for this subsection.
(sec.15-ssec.1) The office of a council member becomes vacant if— the member completes the member’s term of office and is not reappointed; or the member resigns from office by signed notice given to the Minister; or the member is removed from office under section 16 ; or the member becomes disqualified from continuing in the office under section 17 .
(sec.15-ssec.2) However, if subsection (1) (a) applies to a council member and another person is not appointed to the member’s office before the member’s term of office ends, the member continues to hold the office for a further period ending on the earliest of the following— when another person is appointed to the office; 6 months after the member’s term of office would have ended but for this subsection.
(a) the member completes the member’s term of office and is not reappointed; or
(b) the member resigns from office by signed notice given to the Minister; or
(c) the member is removed from office under section 16 ; or
(d) the member becomes disqualified from continuing in the office under section 17 .
(a) when another person is appointed to the office;
(b) 6 months after the member’s term of office would have ended but for this subsection.
sec.16 Removal of council members
sec.16 Removal of council members
The Minister may remove a council member from office if the Minister is satisfied the member—
has engaged in—
inappropriate or improper conduct in an official capacity; or
a council member consents to the borrowing of an amount that the council is not lawfully authorised to borrow und
This is an opening excerpt, not the complete document.