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(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.
(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.
Note—
For the requirement to give notice of a change in a person’s criminal
history, see section 19.
Subdivision 2 Criminal history
18 Criminal history reports
(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) 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.
(2) However, the Minister may make the request only if the
person has given the Minister written consent for the request.
(3) The police commissioner must comply with the request.
(4) However, the duty to comply under subsection (3) applies
only to information in the possession of the police
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commissioner or to which the police commissioner has
access.
19 Requirement to disclose changes in criminal history
(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.
(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.
(3) The written notice must state the following matters—
(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.
20 Confidentiality of criminal history information
(1) This section applies to a person who possesses criminal
history information because the person is or was—
(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.
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(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.
(3) The person may disclose or use the criminal history
information—
(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
(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.
(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.
(5) Subsection (4) applies despite the Public Records Act 2023.
(6) In this section—
criminal history information means—
(a) a report given under section 18; or
(b) a notice given under section 19.
Division 4 Meetings of council
21 Conduct of business
Subject to this division, the council may conduct its business,
including its meetings, in the way it considers appropriate.
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22 Meetings generally
(1) The council may convene meetings of the council as the
council considers appropriate.
(2) Also, the chairperson may convene a meeting of the council as
the chairperson considers appropriate.
(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.
Example—
teleconferencing
(4) A council member who takes part in a meeting under
subsection (3) is taken to be present at the meeting.
(5) A resolution is validly made by the council, even if it is not
passed at a meeting of the council, if—
(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.
23 Presiding at meetings
(1) The chairperson is to preside at all meetings of the council at
which the chairperson is present.
(2) If the chairperson is not present at a meeting, the deputy
chairperson is to preside.
(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.
24 Quorum at meetings
(1) A quorum for a meeting of the council is a majority of the
council members.
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(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.
25 Voting at meetings
(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.
(2) If the votes are equal, the council member presiding at the
meeting also has a casting vote.
26 Disclosure of interests at meetings
(1) This section applies to a council member if—
(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.
(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—
(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;
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(f) an entity, other than a government entity, of which the
member is an office holder.
(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.
(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.
(5) However, the council member can not participate in any vote
on the matter at the meeting.
(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.
(7) A failure to make a disclosure under subsection (3) does not,
of itself, invalidate a decision of the council.
(8) In this section—
government entity see the Public Sector Act 2022, section
276.
27 Validity of decisions
A decision of the council is not invalid only because—
(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.
28 Minutes and other records
The council must keep—
(a) minutes of its meetings; and
(b) a record of its decisions and resolutions.
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29 Council to inform Minister about particular matters
(1) This section applies if the council becomes aware of a matter
that may significantly affect—
(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
(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
(2) The council must give the Minister written notice of the
matter immediately after the council becomes aware of the
matter.
30 Minister may require information
(1) This section applies if—
(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.
(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—
(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.
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(3) Unless the Minister is satisfied there are exceptional
circumstances, the Minister must consult with the council
before giving a notice under subsection (2).
(4) The council must comply with a notice given under
subsection (2).
(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.
(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—
(a) the financial viability of the institute or the council; or
(b) how the institute or the council is being administered or
managed.
(7) In this section—
information includes a document.
Division 5 Subcommittees
31 Council may establish subcommittees
(1) The council may establish a subcommittee to help the council
perform its functions.
(2) In establishing a subcommittee, the council may decide the
following matters—
(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;
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(d) any other matter that is necessary or convenient to be
done by the subcommittee in performing its functions.
(3) The subcommittee consists of the persons appointed by the
council as members of the subcommittee.
(4) A member of a subcommittee—
(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.
32 Validity of decisions
A decision of a subcommittee established under section 31 is
not invalid only because—
(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.
Division 6 Institute director
33 Appointing director of institute
(1) The council must appoint a person as the director of the
institute (the director).
(2) A person may be appointed as the director only if—
(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
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(d) the Minister has approved the person’s appointment.
(3) The director is appointed under this Act and not the Public
Sector Act 2022.
34 Term of appointment
(1) The director holds office for the term stated in the director’s
instrument of appointment.
(2) The stated term must not be more than 7 years.
(3) A person may be reappointed as director.
35 Responsibilities
(1) The director is responsible for the day-to-day administration
of the institute, including, for example—
(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.
(2) The director—
(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.
(3) The director also has the responsibilities given to the director
under this Act or another Act.
36 Conditions of appointment
(1) The director is to be paid the remuneration and allowances—
(a) decided by the council; and
(b) approved by the Minister.
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(2) The director holds office on the terms and conditions, not
provided for by this Act—
(a) decided by the council; and
(b) approved by the Minister.
37 Director must disclose particular matters
(1) This section applies to a person who—
(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.
(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.
(3) If subsection (1)(b)(ii) applies, the written notice must state
the following matters—
(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.
38 Acting director
(1) This section applies if—
(a) the office of the director is vacant; or
(b) the director is for any reason unable to perform the
functions of the office.
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