Queensland Institute of Medical Research Act 2025An Act to provide for the administration and operation of the Queensland Institute of Medical ResearchLong title amd 2025 No. 23 s 57Part 1Preliminary1Short titleThis Act may be cited as the Queensland Institute of Medical Research Act 2025.2CommencementThis Act commences on a day to be fixed by proclamation.3Act binds all persons(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.(2)However, the State, the Commonwealth or another State can not be prosecuted for an offence against this Act.4DefinitionsThe dictionary in schedule 1 defines particular words used in this Act.Part 2Queensland Institute of Medical ResearchDivision 1The institute5The Queensland Institute of Medical Research(1)The Queensland Institute of Medical Research established under the repealed Queensland Institute of Medical Research Act 1945, section 3 (the institute) is continued in existence under this Act.(2)The institute is established for the purpose of—(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.
Division 2The council6The council of the institute The Council of The Queensland Institute of Medical Research established under the repealed Queensland Institute of Medical Research Act 1945, section 3 (the council) is continued in existence under this Act.7Legal status(1)The council—(a)is a body corporate; and(b)may sue and be sued in its corporate name.
(2)The council does not represent the State.8Application of other ActsThe council is—(a)a statutory body under the Financial Accountability Act 2009; and(b)a statutory body under the Statutory Bodies Financial Arrangements Act 1982; andNote—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.
9FunctionsThe council has the following functions—(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;
(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.
10Powers(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.(2)Also, the council has any other power given to it under this Act or another Act.Division 3Membership of councilSubdivision 1Membership11Council members(1)The council consists of not more than 9 members appointed by the Minister.(2)The Minister may appoint a person as a council member only if the Minister is satisfied the person—(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
(b)is not disqualified from being a council member under section 17.
(3)A council member is appointed under this Act and not the Public Sector Act 2022.12Term of appointment(1)A council member holds office for the term stated in the member’s instrument of appointment.(2)The stated term must not be more than 4 years.(3)A council member may be reappointed.(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.13Conditions of appointment(1)A council member is to be paid the remuneration and allowances decided by the Minister.(2)A council member holds office on the terms and conditions, not provided for by this Act, decided by the Minister.14Chairperson and deputy chairperson(1)The Minister may appoint—(a)a council member to be the chairperson of the council; and(b)another council member to be the deputy chairperson of the council.
(2)The Minister may appoint a council member as chairperson or deputy chairperson at the time the person is appointed as a council member.(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.(4)The deputy chairperson must act as chairperson—(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.
(5)The chairperson and deputy chairperson hold office for the term stated in the person’s instrument of appointment.(6)A person may be reappointed as chairperson or deputy chairperson.(7)A vacancy in the office of chairperson or deputy chairperson arises if the person holding the office—(a)resigns from the office by signed notice given to the Minister; or(b)ceases to be a council member.
(8)However, a person may continue to be a council member after resigning the office of chairperson or deputy chairperson.15Vacancy in office(1)The office of a council member becomes vacant if—(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.
(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—(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.
16Removal of council members(1)The Minister may remove a council member from office if the Minister is satisfied the member—(a)has engaged in—(i)inappropriate or improper conduct in an official capacity; orExample—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.
(2)This section does not limit the Minister’s powers under the Acts Interpretation Act 1954, section 25.17Disqualification of council members(1)A person is disqualified from becoming or continuing as a council member if—(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.
(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 2Criminal history18Criminal 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 commissioner or to which the police commissioner has access.19Requirement 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.
20Confidentiality 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.
(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 4Meetings of council21Conduct of businessSubject to this division, the council may conduct its business, including its meetings, in the way it considers appropriate.22Meetings 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.
23Presiding 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.24Quorum at meetings(1)A quorum for a meeting of the council is a majority of the council members.(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.25Voting 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.26Disclosure 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;(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 276.27Validity of decisionsA 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.
28Minutes and other recordsThe council must keep—(a)minutes of its meetings; and(b)a record of its decisions and resolutions.
29Council 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; orExamples of a matter that may significantly affect the institute’s financial viability—1a proceeding against the institute that may result in payment of a significant amount of damages or legal costs2a 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.30Minister 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.
(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 5Subcommittees31Council 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;(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.
32Validity of decisionsA 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 6Institute director33Appointing 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(d)the Minister has approved the person’s appointment.
(3)The director is appointed under this Act and not the Public Sector Act 2022.34Term 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.35Responsibilities(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.36Conditions of appointment(1)The director is to be paid the remuneration and allowances— (a)decided by the council; and(b)approved by the Minister.
(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.
37Director 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.
38Acting 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.
(2)The council may appoint a person to act as the director—(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).
(3)However, the council may extend the appointment for a further period of not longer than 6 months, with the Minister’s approval.Division 7Institute staff and other matters39Institute staff(1)The council may employ staff of the institute the council considers appropriate to help the council—(a)carry out the institute’s purpose; and(b)perform any other function under this Act.
(2)The staff employed under this section—(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.
40Engagement of researchers(1)The council may engage a person (a researcher) to help the council carry out the institute’s purpose.(2)A person may be engaged as a researcher only if the council is satisfied the person is appropriately qualified.(3)A person engaged under this section is engaged for the term stated in the instrument under which the person is engaged.41Ownership of intellectual property(1)This section applies in relation to intellectual property produced—(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.
(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.42Commercialised incentive payments for intellectual property(1)This section applies in relation to an item of intellectual property that— (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.
(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)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.
(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.(4)A commercialised incentive payment must be paid from the net commercialisation revenue amount for the item of intellectual property.(5)The council may pay a person a commercialised incentive payment in addition to any other payment the council must pay the person.(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.Part 3Miscellaneous43Annual report(1)The council must include in its annual report prepared under the Financial Accountability Act 2009, section 63 for a financial year, information about—(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.
(2)The information mentioned in subsection (1) may include statistics.(3)The report must not be prepared in a way that discloses confidential information.(4)In this section—confidential information means information, other than information that is publicly available—(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.
44Application of Collections Act 1966(1)The Collections Act 1966 applies to the council in the performance of its functions and exercise of its powers, subject to subsection (2).(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.45Delegation and subdelegation(1)The council may delegate the council’s functions or powers under this Act to the director.(2)The director may delegate the director’s functions or powers under this Act to an appropriately qualified staff member of the institute.(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.46Gifts, devises and bequests(1)This section applies if a gift, devise or bequest of property is made to the council for the benefit of the institute.(2)If the council accepts the gift, devise or bequest—(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.
(3)If the person making the gift, devise or bequest gives any of the following directions, the council must comply with the direction—(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.
(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—(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.
(5)This section applies subject to the Financial Accountability Act 2009, section 64.47Regulation-making powerThe Governor in Council may make regulations under this Act.Part 4Repeal and transitional provisionsDivision 1Repeal48RepealThe Queensland Institute of Medical Research Act 1945, No. 21 is repealed.Division 2Transitional provisions49Definitions for divisionIn this division—repealed Act means the repealed Queensland Institute of Medical Research Act 1945.50Continuation of existing appointment—council members(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.(2)From the commencement—(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.
51Continuation of existing advisory committees (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.(2)From the commencement—(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).
52Continuation of existing appointment—director(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.(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.53Continuation of existing appointments—deputy director, secretary and other employees(1)This section applies to a person who, immediately before the commencement, held an appointment—(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).
(2)From the commencement, the person’s appointment continues as follows—(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).
54Continuation of existing appointments—honorary research workers and research projects(1)This section applies to a person who, immediately before the commencement, held an 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.
(2)From the commencement, the person’s appointment continues as follows—(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.
55Saving of operation of repealed Act, section 31The repealed Act, section 31, is declared to be a law to which the Acts Interpretation Act 1954, section 20A applies.Schedule 1Dictionarysection 4chairperson means the person appointed as chairperson of the council under section 14.council see section 6.council member means a member of the council.criminal history, of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986, other than a spent conviction.deputy chairperson means the person appointed as deputy chairperson of the council under section 14.director see section 33(1).disclose includes give access to.institute see section 5(1).researcher see section 40(1).staff member, of the institute, means a person employed under section 39.