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Australian Institute of Health and Welfare Act 1987

Authoritative Version
  • - C2016C01008
  • In force - Superseded Version
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Act No. 41 of 1987 as amended, taking into account amendments up to Statute Update Act 2016
An Act to establish an Australian Institute of Health and Welfare, and for related purposes
Administered by: Health
Registered 28 Oct 2016
Start Date 21 Oct 2016
End Date 26 Nov 2018

Australian Institute of Health and Welfare Act 1987

No. 41, 1987

Compilation No. 12

Compilation date:                              21 October 2016

Includes amendments up to:            Act No. 61, 2016

Registered:                                         28 October 2016

 

About this compilation

This compilation

This is a compilation of the Australian Institute of Health and Welfare Act 1987 that shows the text of the law as amended and in force on 21 October 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part I—Preliminary                                                                                                              1

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Interpretation....................................................................................... 1

Part II—Australian Institute of Health and Welfare                                       4

Division 1—Establishment, functions and powers of Institute                4

4............ Establishment of Institute.................................................................... 4

5............ Functions of the Institute..................................................................... 4

6............ Powers of Institute.............................................................................. 7

7............ Directions by Minister........................................................................ 7

Division 2—Constitution and meetings of Institute                                      9

8............ Constitution of Institute....................................................................... 9

9............ Acting members................................................................................ 11

10.......... Remuneration and allowances........................................................... 12

11.......... Leave of absence............................................................................... 12

12.......... Resignation....................................................................................... 12

13.......... Termination of appointment.............................................................. 12

14.......... Disclosure of interests....................................................................... 13

15.......... Meetings........................................................................................... 14

Division 3—Committees of Institute                                                                   15

16.......... Committees....................................................................................... 15

Division 4—Director of Institute                                                                          17

17.......... Director of Institute........................................................................... 17

18.......... Functions of Director........................................................................ 17

Division 5—Staff                                                                                                           19

19.......... Staff.................................................................................................. 19

Part III—Finance                                                                                                                 20

20.......... Money to be appropriated by Parliament........................................... 20

22.......... Money of Institute............................................................................. 20

23.......... Contracts........................................................................................... 21

24.......... Annual report.................................................................................... 21

25.......... Trust money and trust property......................................................... 21

26.......... Exemption from taxation................................................................... 22

Part IV—Miscellaneous                                                                                                    23

27.......... Delegation by Institute...................................................................... 23

28.......... Delegation by Director...................................................................... 23

29.......... Confidentiality................................................................................... 24

30.......... Restricted application of the Epidemiological Studies (Confidentiality) Act 1981     26

31.......... Periodical reports.............................................................................. 27

32.......... Regulations....................................................................................... 29

Endnotes                                                                                                                                    30

Endnote 1—About the endnotes                                                                            30

Endnote 2—Abbreviation key                                                                                32

Endnote 3—Legislation history                                                                             33

Endnote 4—Amendment history                                                                           37


An Act to establish an Australian Institute of Health and Welfare, and for related purposes

 

Part IPreliminary

1  Short title

                   This Act may be cited as the Australian Institute of Health and Welfare Act 1987.

2  Commencement

                   This Act shall come into operation on a day to be fixed by Proclamation.

3  Interpretation

             (1)  In this Act, unless the contrary intention appears:

appoint includes re‑appoint.

Chairperson means the Chairperson of the Institute.

Director means the Director of the Institute.

Ethics Committee means the Australian Institute of Health and Welfare Ethics Committee.

Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.

health‑related information and statistics means information and statistics collected and produced from data relevant to health or health services.

Institute means the Australian Institute of Health and Welfare.

member means a member of the Institute.

production means compilation, analysis and dissemination.

State Health Minister means:

                     (a)  the Minister of the Crown for a State;

                     (b)  the Minister of the Australian Capital Territory; or

                     (c)  the Minister of the Northern Territory;

who is responsible, or principally responsible, for the administration of matters relating to health in the State, the Australian Capital Territory or the Northern Territory, as the case may be.

State Housing Department means the Department of State of a State or Territory that deals with matters relating to housing in the State or Territory.

State Housing Minister means:

                     (a)  the Minister of the Crown for a State; or

                     (b)  the Minister of the Australian Capital Territory; or

                     (c)  the Minister of the Northern Territory;

who is responsible, or principally responsible, for the administration of matters relating to housing in the State or Territory, as the case may be.

State Welfare Minister means:

                     (a)  the Minister of the Crown for a State; or

                     (b)  the Minister of the Australian Capital Territory; or

                     (c)  the Minister of the Northern Territory;

who is responsible, or principally responsible, for the administration of matters relating to welfare in the State or Territory, as the case may be.

trust money means money received or held by the Institute on trust.

trust property means property received or held by the Institute on trust.

welfare‑related information and statistics means information and statistics collected and produced from data relevant to the provision of welfare services.

welfare services includes:

                     (a)  aged care services; and

                     (b)  child care services (including services designed to encourage or support participation by parents in educational courses, training and the labour force); and

                     (c)  services for people with disabilities; and

                     (d)  housing assistance (including programs designed to provide access to secure housing in the long term and programs to provide access to crisis accommodation in the short term); and

                     (e)  child welfare services (including, in particular, child protection and substitute care services); and

                      (f)  other community services.

             (2)  A reference in this Act to the Chairperson, the Director or a member, in relation to a time when a person is acting in the office of Chairperson, Director, or a member, includes a reference to that person.

Note:          For the manner in which the Chairperson may be referred to, see section 18B of the Acts Interpretation Act 1901.

Part IIAustralian Institute of Health and Welfare

Division 1Establishment, functions and powers of Institute

4  Establishment of Institute

             (1)  There is hereby established a body to be known as the Australian Institute of Health and Welfare.

             (2)  The Institute:

                     (a)  is a body corporate with perpetual succession;

                     (b)  shall have a common seal; and

                     (c)  may sue and be sued in its corporate name.

Note:          The Public Governance, Performance and Accountability Act 2013 applies to the Institute. That Act deals with matters relating to corporate Commonwealth entities, including reporting and the use and management of public resources.

             (3)  All courts, judges and persons acting judicially shall take judicial notice of the imprint of the common seal of the Institute affixed to a document and shall presume that it was duly affixed.

5  Functions of the Institute

[Institute to have health‑related and welfare‑related functions]

       (1AA)  The functions of the Institute are:

                     (a)  the health‑related functions conferred by subsection (1); and

                     (b)  the welfare‑related functions conferred by subsection (1A).

[Health‑related functions]

             (1)  The Institute’s health‑related functions are:

                     (a)  to collect, with the agreement of the Australian Bureau of Statistics and, if necessary, with the Bureau’s assistance, health‑related information and statistics, whether by itself or in association with other bodies or persons;

                     (b)  to produce health‑related information and statistics, whether by itself or in association with other bodies or persons;

                     (c)  to co‑ordinate the collection and production of health‑related information and statistics by other bodies or persons;

                     (d)  to provide assistance, including financial assistance, for the collection and production of health‑related information and statistics by other bodies or persons;

                     (e)  to develop methods and undertake studies designed to assess the provision, use, cost and effectiveness of health services and health technologies;

                      (f)  to conduct and promote research into the health of the people of Australia and their health services;

                     (g)  to develop, in consultation with the Australian Bureau of Statistics, specialised statistical standards and classifications relevant to health and health services, and advise the Bureau on the data to be used by it for the purposes of health‑related statistics;

                     (h)  subject to section 29, to enable researchers to have access to health‑related information and statistics held by the Institute or by bodies or persons with whom contracts or arrangements have been entered into by the Institute;

                      (j)  to publish methodological and substantive reports on work carried out by or in association with the Institute under this subsection;

                     (k)  to make recommendations to the Minister on the prevention and treatment of diseases and the improvement and promotion of the health and health awareness of the people of Australia; and

                    (m)  to do anything incidental to any of the foregoing.

[Welfare‑related functions]

          (1A)  The Institute’s welfare‑related functions are:

                     (a)  to collect, with the agreement of the Australian Bureau of Statistics, and, if necessary, with the Bureau’s assistance, welfare‑related information and statistics (whether by itself or in association with other bodies or persons); and

                     (b)  to produce welfare‑related information and statistics (whether by itself or in association with other bodies or persons); and

                     (c)  to co‑ordinate the collection and production of welfare‑related information and statistics by other bodies or persons; and

                     (d)  to provide assistance (including financial assistance) for the collection and production of welfare‑related information and statistics by other bodies or persons; and

                     (e)  to develop, in consultation with the Australian Bureau of Statistics, specialised statistical standards and classifications relevant to welfare services; and

                      (f)  subject to section 29, to enable researchers to have access to welfare‑related information and statistics held by the Institute or by bodies or persons with whom contracts or arrangements have been entered into by the Institute; and

                     (g)  to publish methodological and substantive reports on work carried out by or in association with the Institute under this subsection; and

                     (h)  to do anything incidental to the functions conferred by paragraphs (a) to (g).

[Functions of Australian Bureau of Statistics not limited by this section]

             (3)  This section is not intended to limit the functions of the Australian Bureau of Statistics.

6  Powers of Institute

                   The Institute has power to do all things necessary or convenient to be done for or in connection with the performance of its functions and, in particular, has power:

                     (a)  to enter into contracts or arrangements, including contracts or arrangements with bodies or persons to perform functions on behalf of the Institute;

                     (b)  to acquire, hold and dispose of real or personal property;

                     (c)  to occupy, use and control any land or building owned or held under lease by the Commonwealth and made available for the purposes of the Institute;

                     (d)  to appoint agents and attorneys and act as an agent for other persons;

                     (e)  to accept gifts, grants, devises and bequests made to the Institute, whether on trust or otherwise, and to act as trustee of money or other property vested in the Institute on trust;

                      (f)  subject to section 29, to:

                              (i)  release data to other bodies or persons; and

                             (ii)  publish the results of any of its work; and

                     (g)  to do anything incidental to any of its powers.

7  Directions by Minister

             (1)  The Minister may, by notice in writing delivered to the Chairperson, give a direction to the Institute with respect to the performance of its functions or the exercise of its powers.

          (1A)  The Minister must consult the Chairperson before giving any direction to the Institute.

          (1B)  The Minister must consult each State Health Minister before giving the direction if the direction relates to the Institute’s health‑related functions.

          (1C)  The Minister must consult each State Welfare Minister before giving the direction if the direction:

                     (a)  relates to the Institute’s welfare‑related functions; and

                     (b)  does not concern housing matters.

          (1D)  The Minister must consult each State Housing Minister before giving the direction if the direction:

                     (a)  relates to the Institute’s welfare‑related functions; and

                     (b)  concerns housing matters.

             (2)  The Institute shall comply with any direction given under subsection (1).

             (3)  This section does not affect the application, in relation to the Institute, of section 22 of the Public Governance, Performance and Accountability Act 2013 (which deals with the application of government policy to corporate Commonwealth entities).

Division 2Constitution and meetings of Institute

8  Constitution of Institute

             (1)  Subject to subsection (2), the Institute shall consist of the following members:

                     (a)  the Chairperson;

                     (b)  the Director;

                     (c)  a member nominated by the Australian Health Ministers’ Advisory Council;

                    (ca)  a member nominated by the Standing Committee of Social Welfare Administrators;

                   (cb)  a representative of the State Housing Departments nominated in the manner determined by the Minister;

                     (d)  the Australian Statistician;

                     (e)  the Secretary of the Department;

                      (f)  a person nominated by the Minister who has knowledge of the needs of consumers of health services;

                    (fa)  a person nominated by the Minister who has knowledge of the needs of consumers of welfare services;

                    (fb)  a person nominated by the Minister who has knowledge of the needs of consumers of housing assistance services;

                    (fc)  a person nominated by the Minister who has expertise in research into public health issues;

                     (g)  3 other members nominated by the Minister;

                     (h)  a member of the staff of the Institute elected by that staff.

       (1AA)  Without limiting the persons who may be nominated by the Minister, the Minister must:

                     (a)  before nominating the member referred to in paragraph (1)(f), seek recommendations from such bodies (if any) representing consumers of health services as are prescribed for the purpose; and

                     (b)  before nominating the member referred to in paragraph 8(1)(fa), seek recommendations from such bodies (if any) representing consumers of welfare services as are prescribed for the purpose; and

                     (c)  before nominating the member referred to in paragraph 8(1)(fb), seek recommendations from such bodies (if any) representing consumers of housing assistance services as are prescribed for the purpose; and

                     (d)  before nominating the member referred to in paragraph 8(1)(fc), seek recommendations from such peak public health research bodies (if any) as are prescribed for the purpose.

          (1A)  A recommendation for the purposes of paragraph (1)(f), (fa), (fb) or (fc):

                     (a)  may be made by one or more bodies; and

                     (b)  may contain one or more names.

             (2)  If the person referred to in paragraph (1)(d) or (e) is not available to serve as a member of the Institute, that person shall nominate a person to be a member of the Institute in lieu of himself or herself.

             (3)  The performance of the functions, or the exercise of the powers, of the Institute is not affected by reason only of:

                     (a)  a vacancy in the office of a member referred to in paragraph (1)(a), (b), (f), (fa), (fb), (fc) or (h);

                     (b)  the number of members referred to in paragraph (g) falling below 3 for a period of not more than 6 months;

                   (ba)  a vacancy of not more than 6 months duration in the office of a member referred to in paragraph (1)(c), (ca) or (cb);

                     (c)  a vacancy in the office of the member referred to in paragraph (1)(d) or (e) or the member (if any) nominated in lieu of that member under subsection (2).

             (4)  The following subsections have effect in relation to a member other than a member referred to in paragraph (1)(b), (d) or (e).

             (5)  Subject to this section, a member shall be appointed by the Governor‑General.

          (5A)  Subject to this Act, a member referred to in paragraph (1)(a), (c), (ca), (cb), (f), (fa), (fb), (fc) or (g) may be appointed on a full‑time or a part‑time basis and holds office for such period, not exceeding 3 years, as is specified in the instrument of appointment.

          (5B)  Subject to this Act, a member elected under paragraph (1)(h) holds office on a part‑time basis for a period of one year commencing on:

                     (a)  the day on which the poll for the election of the member is held; or

                     (b)  if that day occurs before the expiration of the term of office of the person whose place the member fills—the day after the expiration of that term.

             (7)  A member holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor‑General.

             (8)  The appointment of a member is not invalid because of a defect or irregularity in connection with the member’s nomination or appointment.

9  Acting members

                   The Minister may appoint a person to act in the office of Chairperson, of Director, or of member (other than the Chairperson or Director):

                     (a)  during a vacancy in the office, whether or not an appointment has previously been made to the office; or

                     (b)  during any period, or during all periods, when the holder of the office is absent from duty or from Australia or is, for any other reason, unable to perform the functions of the office.

Note:          For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

10  Remuneration and allowances

             (1)  Unless otherwise prescribed, a member shall be paid such remuneration as is determined by the Remuneration Tribunal.

             (2)  A member shall be paid such allowances as are prescribed.

             (3)  This section has effect subject to the Remuneration Tribunal Act 1973.

11  Leave of absence

             (1)  A full‑time member has such recreation leave entitlements as are determined by the Remuneration Tribunal.

             (2)  The Minister may:

                     (a)  grant a full‑time member leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines; and

                     (b)  grant a part‑time member leave of absence on such terms and conditions as to remuneration or otherwise as the Minister determines.

12  Resignation

                   A member may resign by instrument in writing delivered to the Governor‑General.

13  Termination of appointment

             (1)  The Governor‑General may terminate the appointment of a member because of misbehaviour or physical or mental incapacity.

             (2)  If a member:

                     (a)  becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or assigns remuneration for their benefit;

                     (c)  being a full‑time member who is paid remuneration under this Part:

                              (i)  engages in paid employment outside his or her duties without the consent of the Minister; or

                             (ii)  is absent from duty, without leave of absence for 14 consecutive days or for 28 days in any period of 12 months; or

                     (d)  being a part‑time member, is absent, without leave by the Minister, from 3 consecutive meetings of the Institute;

the Governor‑General may terminate the appointment of the member.

Note:          The appointment of a member may also be terminated under section 30 of the Public Governance, Performance and Accountability Act 2013 (which deals with terminating the appointment of an accountable authority, or a member of an accountable authority, for contravening general duties of officials).

             (3)  Where:

                     (a)  a member has been appointed under paragraph 8(1)(c), (ca) or (cb) or subsection 8(2) on the nomination of a body or person referred to in that paragraph or subsection, as the case may be, and the body or person notifies the Minister in writing that the nomination is withdrawn; or

                     (b)  a member has been appointed under paragraph 8(1)(g) on the nomination of the Minister and the Minister withdraws his or her nomination of the member; or

                     (c)  a member has been elected under paragraph 8(1)(h) and the member ceases to be a member of the staff of the Institute;

the Governor‑General shall terminate the appointment of the member.

14  Disclosure of interests

                   Neither section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests), nor any rules made for the purposes of that section, apply to a member’s interest if:

                     (a)  the member is of a kind referred to in paragraph 8(1)(c), (ca), (cb) or (h), or subsection 8(2), of this Act; and

                     (b)  the member only has the interest by reason of being nominated by a body or person referred to in that paragraph or subsection.

15  Meetings

             (1)  Subject to this section, meetings of the Institute shall be held at such times and places as the Institute determines.

             (2)  The Institute shall meet at least once every 4 months.

             (3)  The Chairperson:

                     (a)  may at any time convene a meeting; and

                     (b)  shall convene a meeting on receipt of a written request signed by not fewer than 3 members.

             (4)  The Minister may convene such meetings as the Minister considers necessary.

             (5)  At a meeting:

                     (a)  if the Chairperson is present, the Chairperson shall preside;

                     (b)  if the Chairperson is absent, the members present shall appoint one of their number to preside;

                     (c)  a majority of the members for the time being constitute a quorum;

                     (d)  all questions shall be decided by a majority of the votes of the members present and voting; and

                     (e)  the member presiding has a deliberative vote and, if necessary, also has a casting vote.

             (6)  The Institute shall keep minutes of its proceedings.

             (7)  The Institute shall regulate the procedure of its meetings as it thinks fit.

Division 3Committees of Institute

16  Committees

             (1)  The Institute shall appoint a committee to be known as the Australian Institute of Health and Welfare Ethics Committee.

             (2)  The functions and composition of the Ethics Committee shall be as prescribed.

             (3)  Regulations for the purpose of subsection (2) must not be inconsistent with recommendations of the CEO of the National Health and Medical Research Council.

             (4)  The Institute may appoint such other committees as it thinks fit to assist it in performing its functions.

             (5)  The functions and composition of a committee appointed under subsection (4) shall be as determined from time to time in writing by the Institute.

             (6)  The succeeding subsections of this section apply in relation to a committee appointed under subsection (1) or (4).

             (7)  The members of a committee may include members of the Institute.

             (8)  A member of a committee holds office for such period as is specified in the instrument of appointment.

             (9)  A member of a committee may resign by instrument in writing delivered to the Institute.

           (10)  Except where the Minister otherwise directs in writing, a member of a committee shall be paid such remuneration as is determined by the Remuneration Tribunal.

           (11)  A member of a committee (other than a member of the Institute) shall be paid such allowances as are prescribed.

           (12)  Subsections (9) and (10) have effect subject to the Remuneration Tribunal Act 1973.

           (13)  A member of a committee must disclose at a meeting of the committee any pecuniary or other interest:

                     (a)  that the member has directly or indirectly in a matter being considered, or about to be considered by the committee; and

                     (b)  that would conflict with the proper performance of the member’s functions in relation to the consideration of the matter.

The member must make the disclosure as soon as practicable after he or she knows of the relevant facts.

           (14)  The disclosure must be recorded in the minutes of the meeting.

           (15)  Subsection (13) does not apply to an interest held by a member described in paragraph 8(1)(c), (ca), (cb) or (h) or subsection 8(2) merely because the member was nominated by a body or person mentioned in that paragraph or subsection.

Division 4Director of Institute

17  Director of Institute

             (1)  There shall be a Director of the Institute.

             (2)  The Director shall be appointed by the Minister on the recommendation of the Institute.

             (3)  The Director shall be appointed on a full‑time or part‑time basis for such period, not exceeding 5 years, as is specified in the instrument of appointment.

             (5)  The Director holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister.

             (6)  The appointment of the Director is not invalid because of a defect or irregularity in connection with the appointment or the recommendation by the Institute.

             (7)  The Director shall not be present during any deliberation, or take part in any decision, of the Institute with respect to the appointment of the Director.

             (8)  Sections 11 and 14 apply to the Director.

             (9)  Sections 12 and 13 apply to the Director as if references in those sections to the Governor‑General were references to the Minister.

18  Functions of Director

             (1)  The Director shall manage the affairs of the Institute subject to the directions of, and in accordance with policies determined by, the Institute.

             (2)  All acts and things done in the name of, or on behalf of, the Institute by the Director shall be deemed to have been done by the Institute.

Division 5Staff

19  Staff

             (1)  The staff required for the purposes of this Act shall be:

                     (a)  persons engaged under the Public Service Act 1999; and

                     (b)  persons appointed or employed by the Institute.

             (2)  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 that Statutory Agency.

             (3)  The Institute may engage as advisers or consultants persons having suitable qualifications and experience.

             (4)  The terms and conditions of appointment or employment of members of the staff referred to in paragraph (1)(b) are such as are determined by the Institute.

             (5)  The terms and conditions of engagement of advisers or consultants are such as are determined by the Institute.

Part IIIFinance

  

20  Money to be appropriated by Parliament

             (1)  There is payable to the Institute such money as is appropriated by the Parliament for the purposes of the Institute.

             (2)  The Finance Minister may give directions as to the means in which, and the times at which, money referred to in subsection (1) is to be paid to the Institute.

22  Money of Institute

             (1)  The money of the Institute consists of:

                     (a)  money paid to the Institute under an appropriation; and

                     (b)  any other money, other than trust money, paid to the Institute.

             (2)  The money of the Institute shall be applied only:

                     (a)  in payment or discharge of the expenses, charges, obligations and liabilities incurred or undertaken by the Institute in the performance of its functions and the exercise of its powers;

                     (b)  in payment of remuneration and allowances payable under this Act; and

                     (c)  in making any other payments required or permitted to be made by the Institute.

             (3)  Subsection (2) does not prevent investment, under section 59 of the Public Governance, Performance and Accountability Act 2013, of money that is not immediately required for the purposes of the Institute.

23  Contracts

                   The Institute shall not, except with the written approval of the Minister:

                     (a)  enter into a contract involving the payment or receipt by the Institute of an amount exceeding $200,000 or such higher amount as is prescribed; or

                     (b)  enter into a lease of land for a period of 10 years or more.

24  Annual report

                   The annual report prepared by the members and given to the Minister under section 46 of the Public Governance, Performance and Accountability Act 2013 for a period must include:

                     (a)  particulars of each direction given under subsection 7(1) that is applicable to the period; or

                     (b)  if the Institute considers those particulars contain information concerning a person or are of a confidential nature—a statement that a direction under that subsection was given.

25  Trust money and trust property

                   The Institute:

                     (a)  shall pay trust money into an account or accounts containing no money other than trust money;

                     (b)  shall apply or deal with trust money and trust property only in accordance with the powers and duties of the Institute as trustee; and

                     (c)  may only invest trust money:

                              (i)  in any manner in which the Institute is authorised to invest the money by the terms of the trust; or

                             (ii)  in any manner in which trust money may be lawfully invested.

26  Exemption from taxation

                   The income, property and transactions of the Institute are not subject to taxation under any law of the Commonwealth or of a State or Territory.

Part IVMiscellaneous

  

27  Delegation by Institute

             (1)  The Institute may, either generally or as otherwise provided by the instrument of delegation, by writing under its common seal:

                     (a)  delegate to a member;

                     (b)  delegate to a member of the staff of the Institute; and

                     (c)  with the approval of the Minister—delegate to any other person or body;

all or any of the Institute’s powers or functions under this Act, other than this power of delegation.

             (2)  A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Institute.

             (3)  A delegation does not prevent the exercise of a power or performance of a function by the Institute.

28  Delegation by Director

             (1)  The Director may, either generally or as otherwise provided by the instrument of delegation, by instrument in writing:

                     (a)  delegate to a member;

                     (b)  delegate to a member of the staff of the Institute; or

                     (c)  with the approval of the Minister—delegate to any other person or body;

all or any of the Director’s powers and functions under this Act, other than this power of delegation.

             (2)  A power or function so delegated, when exercised or performed by the delegate, shall, for the purposes of this Act, be deemed to have been exercised or performed by the Director.

             (3)  A delegation does not prevent the exercise of a power or performance of a function by the Director.

29  Confidentiality

             (1)  Subject to this section, a person (in this subsection called the informed person) who has:

                     (a)  any information concerning another person (which person is in this section called an information subject), being information acquired by the informed person because of:

                              (i)  holding an office, engagement or appointment, or being employed, under this Act;

                             (ii)  performing a duty or function, or exercising a power, under or in connection with this Act; or

                            (iii)  doing any act or thing under an agreement or arrangement entered into by the Institute; or

                     (b)  any document relating to another person (which person is in this section also called an information subject), being a document furnished for the purposes of this Act;

shall not, except for the purposes of this Act, either directly or indirectly:

                     (c)  make a record of any of that information or divulge or communicate any of that information to any person (including an information subject);

                     (d)  produce that document to any person (including an information subject); or

                     (e)  be required to divulge or communicate any of that information to a court or to produce that document in a court.

Penalty:  Imprisonment for 12 months or 20 penalty units, or both.

             (2)  Subject to subsections (2A) and (2B), nothing in this section prohibits:

                     (a)  a person from divulging or communicating information, or producing a document, to the Minister if it does not identify an information subject;

                     (b)  a person from divulging or communicating information, or producing a document, to a person specified in writing by the person (in this subsection called the information provider) who divulged or communicated the information, or produced the document, directly to the Institute;

                     (c)  a person from divulging or communicating information, or producing a document, to a person specified in writing by the Ethics Committee if to do so is not contrary to the written terms and conditions (if any) upon which the information provider divulged or communicated the information, or produced the document, directly to the Institute; or

                     (d)  the publication of conclusions based on statistics derived from, or of particulars of procedures used in, the work of the Institute, if:

                              (i)  to do so is not contrary to the written terms and conditions (if any) upon which an information provider divulged or communicated information relevant to the publication, or produced a document relevant to the publication, directly to the Institute; and

                             (ii)  the publication does not identify the information subject.

          (2A)  Paragraph (2)(c) applies only to information that is health‑related or welfare‑related information and statistics.

          (2B)  Paragraph (2)(c) applies to a document only to the extent to which the document contains health‑related or welfare‑related information and statistics.

             (3)  A person to whom information is divulged or communicated, or a document is produced, under paragraph (2)(a), (b) or (c), and any person under the control of that person is, in respect of that information or document, subject to subsection (1) as if the person were a person exercising powers, or performing duties or functions, under this Act and had acquired the information or document in the exercise of those powers or the performance of those duties or functions.

             (4)  In this section:

                     (a)  court includes any tribunal, authority or person having power to require the production of documents or the answering of questions;

                     (b)  person includes a body or association of persons, whether incorporated or not, and also includes:

                              (i)  in the case of an information provider—a body politic; or

                             (ii)  in the case of an information subject—a deceased person;

                     (c)  produce includes permit access to;

                     (d)  publication, in relation to conclusions, statistics or particulars, includes:

                              (i)  the divulging or communication to a court of the conclusions, statistics or particulars; and

                             (ii)  the production to a court of a document containing the conclusions, statistics or particulars; and

                     (e)  a reference to information concerning a person includes:

                              (i)  a reference to information as to the whereabouts, existence or non‑existence of a document concerning a person; and

                             (ii)  a reference to information identifying a person or body providing information concerning a person.

30  Restricted application of the Epidemiological Studies (Confidentiality) Act 1981

             (1)  The Epidemiological Studies (Confidentiality) Act 1981 (in this section called the Confidentiality Act) does not apply to anything done in the exercise of a power or performance of a function under this Act.

             (2)  Notwithstanding the Confidentiality Act, a person who has assisted, or is assisting in, the conduct of a prescribed study or an epidemiological study may, at the written request of the Institute:

                     (a)  communicate to the Institute any information acquired by the person because of having assisted, or assisting, in the conduct of that study; and

                     (b)  give the Institute access to documents prepared or obtained in the conduct of that study.

             (3)  It is a defence to a prosecution under the Confidentiality Act if it is established that the information was communicated or access to a document was given, as the case may be, in accordance with a written request by the Institute.

             (4)  In this section:

                     (a)  epidemiological study has the same meaning as in the Confidentiality Act; and

                     (b)  prescribed study has the same meaning as in the Confidentiality Act.

31  Periodical reports

             (1)  The Institute shall prepare and, as soon as practicable, and in any event within 6 months:

                     (a)  after 31 December 1987—shall submit to the Minister a health report for the period commencing on the commencement of this Act and ending on that date; and

                     (b)  after 31 December 1989 and every second 31 December thereafter—shall submit to the Minister a health report for the 2 year period ending on that 31 December.

          (1A)  The Institute must submit to the Minister:

                     (a)  as soon as practicable after (and in any event within 6 months of) 30 June 1993, a welfare report prepared by the Institute for the period:

                              (i)  beginning on the day on which the Australian Institute of Health Amendment Act 1992 commences; and

                             (ii)  ending on 30 June 1993; and

                     (b)  as soon as practicable after (and in any event within 6 months of) 30 June 1995 and every second 30 June thereafter, a welfare report for the 2 year period ending on that 30 June.

             (2)  The Institute may at any time submit to the Minister:

                     (a)  a health or welfare report for any period; or

                     (b)  a report in respect of any matter relating to the exercise of the powers, or the performance of the functions, of the Institute or its committees under this Act.

             (3)  A health report shall provide:

                     (a)  statistics and related information concerning the health of the people of Australia; and

                     (b)  an outline of the development of health‑related information and statistics by the Institute, whether by itself or in association with other persons or bodies;

during the period to which the report relates.

          (3A)  A welfare report must provide:

                     (a)  statistics and related information concerning the provision of welfare services to the Australian people; and

                     (b)  an outline of the development of welfare‑related information and statistics by the Institute, whether by itself or in association with other persons or bodies;

during the period to which the report relates.

             (4)  The Minister shall cause a copy of a report submitted under subsection (1) or (1A) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.

             (5)  The Minister may cause a copy of a report submitted under subsection (2) to be laid before each House of the Parliament.

32  Regulations

                   The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters required or permitted by this Act to be prescribed.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

 

Endnote 3—Legislation history

 

Act

Number and year

Assent

Commencement

Application, saving and transitional provisions

Australian Institute of Health Act 1987

41, 1987

5 June 1987

1 July 1987 (see Gazette 1987, No. S144)

 

Community Services and Health Legislation Amendment Act 1988

79, 1988

24 June 1988

Part III (ss. 7–9): Royal Assent (a)

Community Services and Health Legislation Amendment Act 1989

95, 1989

28 June 1989

Part 2 (ss. 3–6): Royal Assent (b)

Industrial Relations Legislation Amendment Act 1991

122, 1991

27 June 1991

ss. 4(1), 10(b) and 15–20: 1 Dec 1988
ss. 28(b)–(e), 30 and 31: 10 Dec 1991 (see Gazette 1991, No. S332)
Remainder: Royal Assent

s. 31(2)

Prime Minister and Cabinet Legislation Amendment Act 1991

199, 1991

18 Dec 1991

18 Dec 1991

Australian Institute of Health Amendment Act 1992

16, 1992

6 Apr 1992

4 May 1992

Audit (Transitional and Miscellaneous) Amendment Act 1997

152, 1997

24 Oct 1997

Schedule 2 (items 324–337): 1 Jan 1998 (see Gazette 1997, No. GN49) (c)

Public Employment (Consequential and Transitional) Amendment Act 1999

146, 1999

11 Nov 1999

Schedule 1 (items 195–197): 5 Dec 1999 (see Gazette 1999, No. S584) (d)

Corporate Law Economic Reform Program Act 1999

156, 1999

24 Nov 1999

Sch 10 (items 35–37): 13 Mar 2000 (s 2(2)(c))

Health Legislation Amendment Act (No. 2) 2001

59, 2001

28 June 2001

Schedule 3 (items 7–10): 15 Dec 1998 (see s. 2(2))
Schedule 3 (item 12): 1 Jan 1999
Remainder: Royal Assent

Sch. 1 (items 4, 9)

Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001

159, 2001

1 Oct 2001

29 Oct 2001

Sch. 1 (item 97)

National Health and Medical Research Council Amendment Act 2006

50, 2006

9 June 2006

Schedule 1: 1 July 2006
Remainder: Royal Assent

Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006

101, 2006

14 Sept 2006

Schedule 5 (item 22) and Schedule 6 (items 5–11): Royal Assent

Sch. 6 (items 5–11)

Statute Law Revision Act 2011

5, 2011

22 Mar 2011

Schedule 5 (items 28, 29) and Schedule 7 (item 21): 19 Apr 2011

Acts Interpretation Amendment Act 2011

46, 2011

27 June 2011

Schedule 2 (items 174–178) and Schedule 3 (items 10, 11): 27 Dec 2011

Sch. 3 (items 10, 11)

Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014

62, 2014

30 June 2014

Sch 7 (items 273–283) and Sch 14: 1 July 2014 (s 2(1) items 6, 14)

Sch 14

as amended by

 

 

 

 

Public Governance and Resources Legislation Amendment Act (No. 1) 2015

36, 2015

13 Apr 2015

Sch 2 (items 79) and Sch 7: 14 Apr 2015 (s 2)

Sch 7

as amended by

 

 

 

 

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2)

Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015

126, 2015

10 Sept 2015

Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2)

Statute Update Act 2016

61, 2016

23 Sept 2016

Sch 1 (item 50): 21 Oct 2016 (s 2(1) item 1)

 

(a)             The Australian Institute of Health and Welfare Act 1987 was amended by Part III (sections 7–9) only of the Community Services and Health Legislation Amendment Act 1988, subsection 2(1) of which provides as follows:

                   (1)  Sections 1, 2, 7, 8, 9, 10, 13, 15 and 17 and paragraph 20(b) commence on the day on which this Act receives the Royal Assent.

(b)             The Australian Institute of Health and Welfare Act 1987 was amended by Part 2 (sections 3–6) only of the Community Services and Health Legislation Amendment Act 1989, subsection 2(1) of which provides as follows:

                   (1)  Subject to subsections (2), (3), (4), (5), (6), (7), (8), (9) and (10), this Act commences on the day on which it receives the Royal Assent.

(c)              The Australian Institute of Health and Welfare Act 1987 was amended by Schedule 2 (items 324–337) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:

                   (2)  Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.

(d)             The Australian Institute of Health and Welfare Act 1987 was amended by Schedule 1 (items 195–197) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

                   (1)  In this Act, commencing time means the time when the Public Service Act 1999 commences.

                   (2)  Subject to this section, this Act commences at the commencing time.

Endnote 4—Amendment history

 

Provision affected

How affected

Title....................................

am. No. 16, 1992

Part I

 

s. 1......................................

am. No. 16, 1992

s. 3......................................

am. No. 95, 1989; No. 16, 1992; No. 152, 1997; No. 59, 2001; No. 5, 2011; No 62, 2014

Note to s. 3 ........................

ad. No. 152, 1997

Part II

 

Heading to Part II................

am. No. 16, 1992

Division 1

 

s. 4......................................

am. No. 16, 1992

Note to s. 4(2) ....................

ad. No. 152, 1997

 

rs No 62, 2014

s. 5......................................

am. No. 16, 1992

s. 7......................................

am. No. 95, 1989; No. 16, 1992; No. 152, 1997; No 62, 2014

Division 2

 

s. 8......................................

am. No. 16, 1992; Nos. 59 and 159, 2001; No. 5, 2011

s. 9......................................

am. No. 46, 2011

Note to s. 9.........................

ad. No. 46, 2011

s. 10....................................

am. No. 16, 1992

s. 11....................................

rs. No. 122, 1991

 

am. No. 146, 1999

s. 13....................................

am. No. 122, 1991; No. 16, 1992; No. 152, 1997; No. 156, 1999; No 62, 2014

Note to s 13(2)....................

ad No 62, 2014

s. 14....................................

am. No. 79, 1988; No. 16, 1992; No. 152, 1997; No. 156, 1999

 

rs No 62, 2014

Division 3

 

s. 16....................................

am. No. 16, 1992; No. 152, 1997; No. 59, 2001; No. 50, 2006

Division 4

 

s. 17....................................

am. No. 16, 1992

Division 5

 

s. 19....................................

am. No. 199, 1991; No. 146, 1999

Part III

 

s. 20....................................

am. No. 5, 2011

s. 21....................................

rep. No. 152, 1997

s. 22....................................

am. No. 152, 1997; No 62, 2014

Heading to s. 24 .................

rs. No. 152, 1997

s. 24....................................

am. No. 79, 1988; No. 152, 1997

 

rs No 62, 2014

s. 25....................................

am. No. 152, 1997; No 62, 2014

s. 26....................................

am. No. 101, 2006

Part IV

 

s. 29....................................

am. No. 95, 1989; No. 16, 1992; No. 59, 2001; No 61, 2016

s. 31....................................

am. No. 16, 1992

Schedule.............................

ad. No. 16, 1992

 

rep. No. 59, 2001