An Act to make provision for and in relation to the Promotion of Research in connexion with Criminology
Part I—Preliminary
1 Short title
This Act may be cited as the Criminology Research Act 1971.
2 Commencement
This Act shall come into operation on a date to be fixed by Proclamation.
4 Interpretation
In this Act, unless the contrary intention appears:
Acting Director means an Acting Director of the Institute appointed under section 22.
Advisory Council means the Criminology Research Advisory Council established under section 33.
appoint includes re‑appoint.
criminological research means research in connexion with:
(a) the causes, correction and prevention of criminal behaviour; and
(b) any related matter.
Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.
the appropriate Minister means:
(a) in relation to a State, such Minister of the Crown of that State as is prescribed, and includes any Minister of the Crown for the time being acting for and on behalf of that Minister; and
(aa) in relation to the Australian Capital Territory, such Minister of the Australian Capital Territory as is prescribed, and includes any Minister of the Australian Capital Territory for the time being acting for and on behalf of that Minister; and
(b) in relation to the Northern Territory, such Minister of the Northern Territory as is prescribed, and includes any Minister of the Northern Territory for the time being acting for and on behalf of that Minister.
the Director means the Director of the Institute appointed under section 15.
the Institute means the Australian Institute of Criminology established by section 5.
Part II—The Australian Institute of Criminology
Division 1—Establishment, functions and powers of Institute
5 Establishment of Institute
(1) There is hereby established an institute to be known as the Australian Institute of Criminology.
(2) The Institute consists of:
(a) the Director; and
(b) the staff of the Institute.
6 Functions of Institute
The Institute has the following functions:
(a) to promote justice and reduce crime by:
(i) conducting criminological research; and
(ii) communicating the results of that research to the Commonwealth, the States, the Australian Capital Territory, the Northern Territory and the community;
(b) to assist the Director in performing the Director’s functions;
(c) to administer programs for awarding grants, and engaging specialists, for:
(i) criminological research that is relevant to the public policy of the States, the Australian Capital Territory and the Northern Territory; and
(ii) activities related to that research (including the publication of that research, for example).
6A Power of Minister to request Institute to perform certain functions
(1) The Minister may request the Institute to:
(a) conduct, or arrange for the conduct of, criminological research into a matter specified by the Minister; or
(b) to conduct seminars or courses of training or instruction in a matter specified by the Minister, being seminars or courses of training or instruction for persons engaged, or to be engaged, in criminological research or in work related to the prevention or correction of criminal behaviour.
(2) Where the Minister so requests the Institute to conduct, or arrange for the conduct of, criminological research, or to conduct seminars or courses of training or instruction, the Minister may also require the Director to ensure that such priority is given to the conduct of that research, or to the conduct of those seminars or courses of training or instruction, as the Minister specifies.
Division 3—Director, Acting Director and staff of Institute
15 Director of Institute
(1) There shall be a Director of the Institute, who shall be appointed by the Minister.
(2) The appointment of the Director is subject to such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister.
16 Functions of Director
The Director has the following functions:
(a) to conduct, or arrange for the conduct of, the criminological research that is:
(i) approved by the Director, taking the advice of the Advisory Council into account; or
(ii) requested by the Minister;
(b) to communicate the results of that research to the Commonwealth, the States, the Australian Capital Territory, the Northern Territory and the community;
(c) to conduct, or arrange for the conduct of, the seminars and courses of training or instruction for persons engaged, or to be engaged, in criminological research or in work related to the prevention or correction of criminal behaviour that are:
(i) approved by the Director, taking the advice of the Advisory Council into account; or
(ii) requested by the Minister;
(d) to advise the Advisory Council in relation to needs for, and programs of, criminological research;
(e) to provide secretarial and administrative services for the Advisory Council;
(f) to give advice and assistance in relation to any research performed wholly or partly with money provided out of the grants program;
(g) to give advice in relation to the compilation of statistics relating to crime;
(h) to publish the material resulting from or connected with the performance of the Institute’s functions that is approved by the Director, taking the advice of the Advisory Council into account;
(i) to collect information and statistics (without detracting from, and in the context of, the overall collecting and coordinating role of the Australian Bureau of Statistics);
(j) to provide information and advice to Departments, agencies and authorities of the Commonwealth, of the States, of the Australian Capital Territory and of the Northern Territory dealing with the administration of criminal justice;
(k) to collaborate, in and outside Australia, with governments, institutions and authorities, and with bodies and persons, in relation to research, or the training of persons, in or in connection with the administration of criminal justice;
(l) to approve payments for grants and engaging specialists, taking the advice of the Advisory Council into account;
(m) to do anything incidental or conducive to the performance of any of these functions.
17 Tenure of office of Director
(1) Subject to this Act, the person appointed as the Director holds office for such period, not exceeding 5 years, as is specified in the instrument of the person’s appointment, but is eligible for re‑appointment.
(4) The Director may resign from office by writing signed by the Director and addressed to the Minister.
18 Remuneration and allowances of Director
(1) The Director shall be paid such remuneration as is determined by the Remuneration Tribunal.
(2) The Director shall be paid such allowances as are prescribed.
(3) Subsections (1) and (2) have effect subject to the Remuneration Tribunal Act 1973.
19 Leave of absence of Director
(1) The Director has such recreation leave entitlements as are determined by the Remuneration Tribunal.
(2) The Minister may grant the Director leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.
20 Termination of appointment of Director
The Minister may terminate the appointment of the Director for misbehaviour of physical or mental incapacity.
21 Vacation of office of Director
If the Director:
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or
(b) is absent from duty, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months;
the Minister shall remove the Director from office.
22 Acting Director
The Minister may appoint a person to act as Director:
(a) during a vacancy in the office of Director; or
(b) during any period, or during all periods, when the Director is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office of Director.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
23 Staff of the Institute
(1) The staff of the Institute are:
(a) persons engaged under the Public Service Act 1999; or
(b) persons employed or engaged by the Institute for a particular project.
(2) The Director, with the approval of the Minister, must determine the terms and conditions of employment of the persons mentioned in paragraph (1)(b).
(3) For the purposes of the Public Service Act 1999:
(a) the Director, and the APS employees assisting the Director, together constitute a Statutory Agency; and
(b) the Director is the Head of the Statutory Agency.
24 Consultants
The Director, on behalf of the Commonwealth, may engage persons having suitable qualifications and experience as consultants to the Institute.
Part III—Criminology Research Advisory Council
33 Criminology Research Advisory Council
(1) The Criminology Research Advisory Council is established.
(2) The Advisory Council has the functions of advising the Director in relation to:
(a) the strategic priorities for research in criminology; and
(b) the priorities for communicating the results of that research; and
(c) applications for research grants.
(3) The Advisory Council consists of the following members:
(a) a representative of the Commonwealth, who is appointed by the Minister;
(b) a representative of each of the States, the Australian Capital Territory and the Northern Territory, who is appointed by the Attorney‑General for the State or Territory.
(4) A person stops being a member of the Advisory Council if:
(a) the person resigns, by a written notice given to the Minister of the Commonwealth, State or Territory who appointed the person; or
(b) the Minister of the Commonwealth, State or Territory who appointed the person, by a written notice, revokes the appointment.
34 Meetings of the Advisory Council
(1) The Director must ensure that the Advisory Council meets at least 3 times in each calendar year.
(2) The Director must attend, and keep minutes of, the meetings.
(3) However, the Director is not entitled to vote at the meetings.
(4) Except as otherwise provided in this section, or in the regulations, the Advisory Council may conduct its meetings in any way that it considers appropriate.
Part IV—Application of the finance law
35 Application of the finance law
For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):
(a) the following combination of bodies is a listed entity:
(i) the Institute;
(ii) the Advisory Council; and
(b) the listed entity is to be known as the Australian Institute of Criminology; and
(c) the Director is the accountable authority of the listed entity; and
(d) the following persons are officials of the listed entity:
(i) the Director;
(ii) the staff of the Institute;
(iii) the members of the Advisory Council;
(iv) consultants engaged under section 24; and
(e) the purposes of the listed entity include:
(i) the functions of the Institute referred to in section 6; and
(ii) the functions of the Director referred to in section 16; and
(iii) the functions of the Advisory Council referred to in subsection 33(2).
Part V—Miscellaneous
46 Criminology Research Special Account
(1) The Criminology Research Special Account is established by this section.
(2) The Criminology Research Special Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.
(3) The following amounts must be credited to the Criminology Research Special Account:
(a) amounts appropriated by the Parliament for the purposes of the Account;
(b) amounts paid by a State, the Australian Capital Territory or the Northern Territory to the Institute;
(c) amounts received by the Institute in relation to performing any of its functions, or exercising any of its powers, under this Act;
(d) amounts of any gifts given, or bequests made, for the purposes of the Account.
Note: An Appropriation Act provides for amounts to be credited to a special account if any of the purposes of the special account is a purpose that is covered by an item in the Appropriation Act.
(4) The Criminology Research Special Account may be debited for the following purposes:
(a) the costs, expenses and other obligations incurred by the Commonwealth in the performance of the Institute’s functions;
(b) any remuneration and allowances payable to a person under this Act;
(c) the expenses of administering the Account;
(d) any amount that is required or permitted to be repaid;
(e) to reduce the balance of the Account (and, therefore, the available appropriation for the Account) without making a real or notional payment.
Note: See section 80 of the Public Governance, Performance and Accountability Act 2013 (which deals with special accounts).
47 Institute may charge for services
(1) The Institute may charge for services that it provides in performing any of its functions, or exercising any of its powers, under this Act.
(2) The charge must be an amount that is reasonably related to the cost of providing the services.
48 Delegation by Director
(1) The Director, by signed instrument, may delegate all or any of the Director’s functions or powers to an SES employee, or acting SES employee, of the Institute.
(2) A delegate must comply with any written directions that the Director gives to the delegate when performing a function, or exercising a power, of the Director.
49 Annual report
The annual report prepared by the Director and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:
(a) if a grant was made to a person during the period:
(i) the name of the person; and
(ii) the amount of the grant; and
(iii) the purpose of the grant; and
(b) any other matter prescribed by the regulations.
51 Regulations
The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
