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2008-2009
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
AUSTRALIAN NATIONAL PREVENTIVE HEALTH AGENCY BILL 2009
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Health and Ageing,
the Hon Nicola Roxon, MP)
AUSTRALIAN NATIONAL PREVENTIVE HEALTH AGENCY BILL 2009
OUTLINE
The Australian National Preventive Health Agency Bill 2009 (the Bill)
establishes the Australian National Preventive Health Agency (ANPHA) to
support the Australian Health Ministers' Conference (Ministerial
Conference), and through the Ministerial Conference, the Council of
Australian Governments (COAG) in addressing the increasingly complex
challenges associated with preventing chronic disease. This will include
supporting these councils in their efforts to work across portfolios,
jurisdictions and sectors in support of nationally agreed preventive health
policies.
The World Health Organization defines prevention as:
approaches and activities aimed at reducing the likelihood that a
disease or disorder will affect an individual, interrupting or slowing
the progress of the disorder or reducing disability.
For the purposes of the ANPHA, the term is taken to include health
promotion.
The World Health Organization defines health promotion as:
the process of enabling people to increase control over the
determinants of health and thereby improve their health.
National Partnership Agreement on Preventive Health
The ANPHA is to be established under the auspices of the National
Partnership Agreement on Preventive Health (the Prevention NP), a COAG
initiative announced in November 2008. Through the Prevention NP, the
Commonwealth Government is providing $872.1 million over six years for a
range of initiatives targeting the lifestyle risk factors of chronic
disease, including:
. settings-based interventions in pre-schools, schools, workplaces and
communities to support behavioural changes in the social contexts of
everyday lives, and focusing on poor nutrition, physical inactivity,
smoking and excessive alcohol consumption (including binge drinking);
. social marketing aimed at obesity and tobacco; and
. the enabling infrastructure to monitor and evaluate progress made by
these interventions, including the ANPHA.
The Australian National Preventive Health Agency
The Bill establishes the ANPHA. The ANPHA will be a prescribed agency for
the purposes of the Financial Management and Accountability Act 1997 and
that Act will apply to the operation of the ANPHA.
The ANPHA will be a statutory agency and will consist of a Chief Executive
Officer (CEO) and its staff. The staff will be engaged under the Public
Service Act 1999.
The CEO will manage the ANPHA and will be directly accountable to the
Commonwealth Minister for Health and Ageing (the Minister) for the
financial management of the ANPHA and to the Ministerial Conference, via
the Minister, for the ANPHA's performance against agreed triennial
strategic and annual operational plans. The Minister will also consult
with the Ministerial Conference regarding the appointment of the CEO.
The CEO will have a number of functions and will be responsible for
supporting Australian Health Ministers in their efforts to combat
preventable chronic disease, including by:
. providing evidence-based advice to Health Ministers on key national-
level preventive health issues, either at their direction or by
providing sentinel information about emerging challenges and threats;
. providing national leadership and stewardship of surveillance and data
on preventable chronic diseases and their lifestyle-related risk
factors in order to improve the availability and comparability of the
evidence;
. collating evidence available from a range of sources in order to assess
and report biennially on the state of preventive health in Australia;
. supporting behavioural change through educational, promotional and
community awareness programs relating to preventive health;
. providing grants of financial assistance to a State, Territory or
person for a variety of purposes supporting or pursuant to preventive
health, including grants in aid of research, grants in aid of
population level interventions, or grants paid as sponsorships to
organisations;
. support and facilitate partnerships with relevant groups (industry, non-
government and community sectors) to encourage cooperative action
leading to preventive health gains;
. promulgating national standards and codes to guide preventive health
initiatives, interventions and activities; and
. managing schemes rewarding best practice in preventive health
interventions and activities.
In endorsing the Prevention NP, COAG agreed that the role of the ANPHA
could be altered at the election of Health Ministers, and this intent is
reflected in the Bill allowing the Minister, after consulting with the
Ministerial Conference, to add to the ANPHA's functions.
The Bill also establishes the Australian National Preventive Health Agency
Advisory Council (the Advisory Council) which has the function of advising
the CEO on preventive health matters, particularly those identified by the
Ministerial Conference through the ANPHA's strategic and annual operational
plans. The Advisory Council will consist of: one member representing the
Commonwealth; at least one member, but not more than two members,
representing the governments of the States and Territories; and at least
five, but not more than eight, other members with expertise relating to
preventive health.
Whilst not specified in the Bill, such expertise may include public
administration, business/employer groups, education, inter-sectoral
collaboration, sports and recreation, preventive health including health
promotion, community and non-government organisations, consumer issues,
social inclusion and disadvantage (including Indigenous Australians), local
government, legal/regulatory, and finance. The Minister must appoint one
member to be the Chair and another member to be the Deputy Chair. The
Advisory Council will be appointed by the Minister, in consultation with
the Ministerial Conference.
Financial Impact Statement
The measures enabled by the Bill have a total cost of $133.2 million over
four years, all funded from the Prevention NP. Of this, $17.6 million will
be provided for the establishment and maintenance of the ANPHA,
$102 million for national-level social marketing campaigns targeting
obesity and smoking, $13.1 million for a preventive health research fund
focusing on translational research to support policy development, and
$0.5 million for an audit of the preventive health workforce available to
support the implementation of the settings-based interventions funded
through the Prevention NP and a strategy to address any identified gaps.
|Initiative |2009-10 |2010-11 |2011-12 |2012-13 |
| |$m |$m |$m |$m |
|ANPHA costs |2.0 |5.1 |5.2 |5.3 |
|Social marketing |2.0 |33.8 |32.7 |33.5 |
|(obesity and smoking) | | | | |
|Preventive health |2.0 |4.0 |4.0 |3.0 |
|research fund | | | | |
|Workforce audit and |0.3 |0.3 |0 |0 |
|strategy | | | | |
Note: some figures in the table do not match those in the text as a result
of rounding.
Other organisations may wish to contribute financially to the ANPHA's
operations, for example social marketing, and provision has been made to
allow the ANPHA to manage pooled funds through a Special Account.
AUSTRALIAN NATIONAL PREVENTIVE HEALTH AGENCY BILL 2009
NOTES ON CLAUSES
Part 1-Preliminary
Clause 1 - Short Title
This is a formal provision which provides that the Bill, once enacted, may
be referred to as the Australian National Preventive Health Agency Act
2009.
Clause 2 - Commencement
This clause provides that the Bill will commence on 1 January 2010.
Clause 3 - Definitions
This clause sets out the definitions of terms that are relied on in other
provisions throughout the Bill. The terms are straightforward and do not
require additional explanation.
Clause 4 - Crown to be bound
This clause provides that the Bill binds the Crown in each of its
capacities. This means that the Bill is intended to apply to (and be
observed by) the Commonwealth, each of the States, the Australian Capital
Territory and the Northern Territory.
Clause 5 - Extension to external Territories
This clause provides that the Bill will have application in every external
Territory other than Norfolk Island, as defined in the Acts Interpretation
Act 1901. This means that the legislation will cover, for example, the
Indian Ocean Territories (Cocos and Christmas Islands). The Bill does not
apply to Norfolk Island because it is a self-governing Territory. This
position is consistent with current Government policy.
Part 2-Australian National Preventive Health Agency
Clause 6 - Establishment
This clause establishes the ANPHA. This legal title captures that it is an
Australian body, will have 'national' scope and function, and has a
preventive health remit. As this is a relatively long name, subclause 6(2)
provides that the ANPHA may also be commonly known by another name. This
operational name, if any, would be set out in the regulations.
Clause 7 - Constitution of the ANPHA
This clause provides that the ANPHA consists of the CEO and the staff of
the ANPHA.
The note to this clause makes it clear that the ANPHA does not have a
separate legal identity to that of the Commonwealth. The ANPHA will be a
prescribed agency for the purposes of the Financial Management and
Accountability Act 1997. This means that the ANPHA will be subject to that
Act.
Clause 8 - Function of the ANPHA
This clause provides that the function of the ANPHA is to assist the CEO in
the performance of the CEO's functions (refer to clause 11 for further
information about the CEO's functions).
The governance structure of the ANPHA is broadly modelled on that of
several other statutory authorities within the Health and Ageing portfolio,
including the Australian Organ and Tissue Donation and Transplantation
Authority and the National Health and Medical Research Council. Functions
and powers will be conferred on the CEO and the CEO will be advised by an
Advisory Council drawn from government representatives (including
Australian, State and Territory governments) and experts in preventive
health (refer to Part 4 for details on the Advisory Council).
Clause 9 - ANPHA to have privileges and immunities of the Crown
This clause provides that the ANPHA will have the privileges and immunities
of the Crown and confirms that the ANPHA is part of the Crown.
Part 3-Chief Executive Officer, staff and consultants
Division 1 - The Chief Executive Officer
Subdivision A - Functions and powers
Clause 10 - Chief Executive Officer
This clause provides that there is to be a CEO of the ANPHA. The CEO will
lead the work of the ANPHA and will report to the Minister for the
financial management of the ANPHA, and to the Ministerial Conference, via
the Minister, for the ANPHA's performance against agreed strategic and
annual operational plans.
Clause 11 - Functions of the CEO
This clause sets out the functions of the CEO of the ANPHA. The CEO's
functions will allow the ANPHA to support Australian Health Ministers in
their efforts to address the significant and rising challenges posed by
chronic diseases and their lifestyle related causes.
In summary, subclause 11(1) provides that the functions of the CEO are to:
. provide evidence-based advice and recommendations to the Minister on
preventive health matters, either at the Minister's request or on their
own initiative. For example, the CEO could provide the Minister with
advice on strategic priorities and approaches and on the design,
implementation and evaluation of best-practice national interventions
such as may be applied in settings such as schools, workplaces and
communities in order to support the implementation of the settings-
based interventions in the Prevention NP;
. provide evidence-based advice and recommendations to the Ministerial
Conference on preventive health matters, at the Chair's request. For
example, the Ministerial Conference may seek advice from the ANPHA on
how the States and Territories could implement a national survey
gathering consistent data from all jurisdictions;
. provide evidence-based policy advice and recommendations to a State or
Territory Government or to the Australian Local Government Association
(the national peak organisation representing local government
organisations and also a member of COAG), in response to a written
request, on matters relating to preventive health;
. collect, analyse, interpret and disseminate information relating to
preventive health, including evaluations of preventive health
interventions. For example, the CEO could collate and assess data on
interventions being undertaken in various locations across the country
in order to determine key factors for success and to support enhanced
implementation of preventive health interventions;
. publish a biennial report on the state of preventive health in
Australia, commencing in 2011, and utilising existing data collections
from a range of sources rather than by initiating a new or unique data
collection;
. manage national level preventive health promotional activities,
including educational, promotional and community awareness programs.
For example, the Prevention NP provides funding to the ANPHA for
national-level social marketing campaigns on obesity and tobacco;
. encourage and support, including by way of grants of financial
assistance to a State, Territory or person for activities supporting
preventive health outcomes. For example, by managing the preventive
health research fund allocated to the ANPHA in the Prevention NP, which
is expected to provide financial support to universities, non-
government organisations and State/Territory Governments, amongst
others, in building the evidence base on preventive health
interventions;
. support and facilitate collaborative action between governments and
industry, community and non-government sectors, to support preventive
health outcomes. For example, the ANPHA could form partnerships with
food manufacturers in order to encourage reformulation of foods to
support reduced consumption of sugars, salts and fats;
. promulgate national standards and codes to guide preventive health
programs and interventions. For example, the CEO may develop a charter
outlining best-practice interventions available in community settings
to support healthy lifestyles; and
. encourage best practice in preventive health activities by raising
awareness of best-practice interventions through the provision of
awards and competitive benchmarking, amongst other things, and also by
recognising and rewarding best practice.
Paragraphs 11(1)(k) and (l) provide that the CEO may also have other
functions, including:
. additional functions conferred by the Minister through a legislative
instrument made under subclause 11(4) (noting that the Minister must
seek the agreement of the Ministerial Conference before doing so (as
described in clause 55) and that such an instrument must specify
whether the CEO may charge fees for matters involved in carrying out
that function (see subclause 12(2)). This provision is to ensure that
the functions of the CEO can be updated by the Minister and the
Ministerial Conference over time so that they remain appropriate and in
line with the needs of the Ministerial Conference in meeting preventive
health challenges. It is also consistent with the Prevention NP which
specified that the role of the ANPHA could be amended at the election
of the Ministerial Conference; and
. anything incidental to, or conducive to, the performance of any of the
prescribed functions in this Bill. This could include, for example,
allowing the CEO to enter contracts with industry groups or non-
government organisations, an activity incidental to the function of
encouraging initiatives relating to preventive health matters through
partnerships.
Subclause 11(2) empowers the CEO to undertake activities necessary or
convenient to perform its functions prescribed at subclause 11(1),
including day-to-day operations such as entering into contracts.
Subclause 11(3) clarifies that the Chair of the Ministerial Conference is
only able to seek advice or recommendations from the CEO of the ANPHA if
the Ministerial Conference agrees to the request and the request is made in
writing. The note at the end of the subclause draw the reader's attention
to clause 55 which sets out the manner in which the Ministerial Conference
gives agreement.
Subclause 11(5) provides that the CEO may only perform the CEO's functions
within constitutional limits, including:
. for purposes relating to:
o the promotion of preventive health services provided by
constitutional corporations (noting that the term 'constitutional
corporation' means a corporation to which paragraph 51(xx) of the
Constitution applies);
o the collection of statistics;
o trade and commerce between Australia and places outside Australia,
among the States, within a Territory, between a State and a
Territory or between two Territories;
o pharmaceutical, sickness and hospital benefits and medical and
dental services;
o the people of any race for whom it is deemed necessary to make
special laws;
o the granting of financial assistance to a State on such terms and
conditions as the Parliament thinks fit;
o the implied power of the Parliament to make laws with respect to
nationhood (the High Court held that the Commonwealth possesses an
'implied nationhood power' which stems from the existence of the
Commonwealth as a national government and which can potentially
extend to matters such as the conduct of scientific research on
behalf of the nation and to the expenditure of money on inquiries,
investigations and advocacy in relation to matters affecting public
health);
o the executive power of the Commonwealth;
o matters incidental to the execution of any of the legislative
powers of the Parliament or the executive power of the
Commonwealth;
. in, or for purposes related to, a Territory;
. in, or with respect to, a Commonwealth place (within the meaning of the
Commonwealth Places (Application of Laws) Act 1970); and
. by way of:
o the use of postal, telegraphic, telephonic and other like service
within the meaning of paragraph 51(v) of the Constitution. This
covers, amongst other things, the use of television, radio and the
Internet to provide educational, promotional and community
awareness programs; and
o the provision of a service to the Commonwealth, or an authority of
the Commonwealth for the purpose of the Commonwealth.
Clause 12 - Fees
This clause provides the CEO with the ability to charge fees to recover
costs (e.g. staff costs) associated with providing advice or
recommendations to a State or Territory government or the Australian Local
Government Association upon request, as provided for through paragraph
11(1)(c). Further, this provision applies to additional functions
conferred by the Minister, with the agreement of the Ministerial
Conference, under paragraph 11(1)(k).
The capacity to charge fees is intended to allow the CEO to provide
assistance to State and Territory governments and to the Australian Local
Government Association without affecting the CEO's ability to deliver on
the strategic and annual operational plans (see Part 6), and does not imply
the ANPHA is being established to provide consultancy services in order to
derive a profit.
As the ANPHA will be a prescribed agency for the purposes of the Financial
Management and Accountability Act 1997, the CEO and his or her staff will
also be expected to comply with the relevant provisions of that Act. For
example, section 31 of that Act specifies how receipts are to be managed.
Clause 13 - Working with the Advisory Council
This clause provides that, in undertaking his or her functions, the CEO is
to consider any advice provided to him or her by the Advisory Council,
noting that the CEO is not bound to translate that advice or any
recommendations into policy or action. The Advisory Council will comprise
experts from a range of preventive health fields as well as members attuned
to the needs and experiences of the governments actively engaged in
preventive health matters - the advice they provide to the CEO should be
considered in light of policy and program development.
To support engagement between the CEO and the Advisory Council, subclause
13(2) provides the Chair of the Advisory Council with a mechanism through
which to invite the CEO to attend part, or whole of Advisory Council
meetings.
Subdivision B - Terms and conditions of appointment
Clause 14 - Appointment
This clause provides that the CEO is appointed by the Minister by written
instrument and he or she will hold office on a full-time basis (subclause
14(1)). Given that the functions of the CEO necessitate full-time
attention, members of the Advisory Council (themselves part-time appointees
- see Part 4) will not be eligible to be appointed as the CEO (subclause
14(2)).
To ensure the Ministerial Conference's engagement in management of the
ANPHA, subclause 14(3) specifies that the Minister must consult with the
Ministerial Conference when deciding on the person to be appointed to the
position of CEO. Subclause 14(4) provides that the appointment of the CEO
is not invalid because of a defective instrument of appointment or any
irregularity in the appointment.
Clause 15 - Term of appointment
This clause provides that the CEO holds office for the period specified in
the instrument of appointment but the period must not exceed five years.
This term is in keeping with Australian Government policy on the selection
of statutory office holders working in, or in conjunction with, Australian
Public Service agencies.
The note to this clause makes clear that the CEO may be re-appointed for
further terms. This is permitted under subclause 33(4A) of the Acts
Interpretation Act 1901 that provides that in any Act, a reference to
appointment includes re-appointment.
Clause 16 - Remuneration and allowances
Subclause 16(1) provides that the CEO's remuneration is determined by the
Remuneration Tribunal. The Remuneration Tribunal is an independent
statutory body that handles the remuneration of key Commonwealth offices.
If no such determination is in operation, the CEO's remuneration is
prescribed by the regulations.
Subclause 16(2) provides that the CEO is also to be paid the allowances
that are prescribed by the regulations.
Subclause 16(3) clarifies that this clause has effect subject to the
Remuneration Tribunal Act 1973 (meaning that it should be read in the
context of that Act and the means by which the Remuneration Tribunal sets
remuneration). This is a standard provision included in similar
legislation.
Clause 17 - Leave of absence
This clause provides that:
. the Remuneration Tribunal determines the CEO's recreation leave
entitlements (subclause 17(1)); and
. the Minister can grant the CEO other types of leave on the terms and
conditions decided by the Minister. The Minister may also decide any
remuneration to be paid to the CEO while the CEO is taking a leave of
absence (subclause 17(2)).
Clause 18 - Outside employment
This clause prevents the CEO from engaging in paid employment outside the
duties of his or her office without the Minister's approval. Reasons for
such a provision are to minimise the risk of a conflict of interest and
also to ensure that the CEO focuses on his or her job in leading the ANPHA,
noting that the position is a full-time one.
Clause 19 - Disclosure of interests
Clause 19 requires the CEO to declare in writing to the Minister all actual
or potential conflicts of interest that could interfere with the proper
performance of the CEO's functions. This would include, amongst other
things, a financial interest in, for example, a company involved in the
provision of preventive health interventions. If the CEO fails, without
reasonable excuse, to comply with this requirement, the CEO may have his or
her appointment terminated by the Minister (refer to clause 22).
Clause 20 - Other terms and conditions
To the extent that terms and conditions for the CEO are not covered by this
Bill, this clause enables the Minister to decide any other terms and
conditions, in writing.
Clause 21 - Resignation
This clause provides the details about how the CEO may resign his or her
appointment and when the resignation takes effect. The CEO may resign by
giving written notice to the Minister (subclause 21(1)). The resignation
takes effect on the day that the notice is received by the Minister or on a
later date if the CEO has specified a later date in the notice of
resignation (subclause 21(2)).
Clause 22 - Termination of appointment
Subclause 22(1) provides the details about how, and for what reasons, the
Minister may terminate the CEO's appointment. This may include, for
example, misbehaviour, physical or mental incapacity, bankruptcy, absence
without leave for extended periods, failure to comply with requirements
relating to disclosure of interest (refer to clause 19) and engaging in
other employment without authorisation from the Minister (refer to clause
18).
As with the appointment of the CEO, the Minister is required to consult
with the Ministerial Conference prior to terminating the appointment of the
CEO (subclause 22(2)).
Clause 23 - Acting CEO
Subclause 23(1) provides that the Minister may appoint a person to act as
the CEO during a vacancy in the office of CEO or when the CEO is absent
from duty, overseas or unable to perform the duties of the office (for
whatever reason).
The effect of subclause 23(2) is that if a person takes an action in
accordance with their acting appointment, but the appointment is not valid
(for example, because the appointment had ceased to have effect), their
action is not invalid merely because the appointment had ceased. This
ensures that if, for example, a person acting in the position of CEO (while
the CEO is on leave) issues a policy but for some reason it was later
discovered that the acting appointment had inadvertently ceased before the
CEO actually returned, this would not invalidate the issuing of the policy
by the acting CEO.
This is a standard clause used in legislation involving statutory office
holders including, for example, the CEO of the National Health and Medical
Research Council (subsection 42(2) of that Act) and of the Australian Organ
and Tissue Transplantation Authority (subsection 22(2) of that Act).
A note in the clause draws the reader's attention to sections 20 and 33A of
the Acts Interpretation Act 1901. Section 20 provides that where an Act
mentions a person holding or occupying a particular office or position
then, unless the contrary intention appears, it includes all persons who at
any time occupy or perform the duties of the office or position. Section
33A sets out the general rules that apply where a provision of an Act
confers on a person or body, power to act in a particular office. For
example, it provides that, unless specified otherwise in the Act:
. the appointment may be expressed to have effect only in the
circumstances specified in the instrument of appointment;
. the appointer may determine the terms and conditions of the
appointment, including remuneration and allowances, and may terminate
the appointment at any time;
. where the appointment is to act in a vacant office, the appointee can
only act in the office for up to 12 months. Where the appointee is
acting in an office that is not vacant but the office becomes vacant
while the appointee is acting, then the appointee may continue to act
until the appointer otherwise directs, or the vacancy is filled, or 12
months expires (whichever happens first);
. the appointment ceases to have effect if the appointee resigns in
writing (with the notice delivered to the appointer); and
. while the appointee is acting in the office, the appointee may exercise
all the powers, functions and duties of the holder of the office.
Further, the Acts Interpretation Act 1901 applies in relation to the
appointee as if the appointee were the holder of the office.
Clause 24 - Delegation by the CEO
Subclause 24(1) allows the CEO to delegate some of the CEO's functions and
powers to staff of the ANPHA. A delegate must comply with any written
directions of the CEO in relation to such a delegation (subclause 24(3)).
Due to their significant national implications, including for preventive
health interventions and programs, subclause 24(2) provides that the CEO
must not delegate the functions relating to the development of national
standards and codes of practice in relation to preventive health (refer to
paragraph 11(1)(i)).
As the ANPHA will be a prescribed agency for the purposes of the Financial
Management and Accountability Act 1997, the CEO and his or her staff will
also be expected to comply with the relevant provisions of that Act. That
Act also allows the CEO to delegate certain responsibilities under that Act
including, for example, financial delegations.
As the ANPHA is a small agency, no limit has been placed on delegation of
functions and powers beyond that they must be delegated to APS employees.
This reflects that there will only be a small number of Senior Executive
Service officers employed by the ANPHA and a provision limiting delegation
to such officers would not be appropriate in this situation.
The note to the clause draws to the reader's attention sections 34AA and
34A of the Acts Interpretation Act 1901. Section 34AA provides that the
delegation is made to a position rather than a person, and that any person
holding the position is able to exercise those powers or delegations, even
if the position does not come into existence until after the delegation is
given. Section 34A provides that a delegate is able to make a decision
based on their own opinion, belief or state of mind, and not that of the
person who delegated the function or power.
Division 2 - Staff and consultants
Clause 25 - Staff
This clause provides that the staff of the ANPHA are to be engaged under
the Public Service Act 1999 (subclause 25(1)). For the purposes of that
Act, the CEO and the staff of the ANPHA together constitute a statutory
agency and the CEO is the head of that statutory agency (subclause 25(2)).
Clause 26 - Staff to be made available to the CEO
Subclause 26(1) provides that the CEO may also be assisted by certain
officers and employees of any of the following bodies:
. agencies (within the meaning of the Public Service Act 1999); or
. authorities of the Commonwealth; or
. a State or Territory; or
. authorities of a State or Territory.
This allows, for example, State or Territory government employees to be
seconded to work for the CEO of the ANPHA and also for the ANPHA to
reimburse other authorities for utilising their staff (subclauses 26(2) and
(3)). Subclause 26(4) clarifies that whilst supporting the CEO in
performing the CEO's functions, persons are required to adhere to
instructions and directions made by the CEO.
Clause 27 - Consultants
This clause, which is included for the avoidance of doubt, provides that
the CEO may engage consultants to perform services for the CEO. Such
consultants should have suitable qualifications and experience (subclause
27(1)) and are to be engaged on the terms and conditions that the CEO
determines in writing (subclause 27(2)). The intention is that these
consultants will be engaged by the CEO to work on specific projects and
matters which would require particular knowledge and experience.
Consultants will not form part of the ANPHA.
Part 4-The Advisory Council
Division 1 - Establishment, functions and powers
Clause 28 - Establishment
This clause establishes the Advisory Council. The Advisory Council's role
will be to advise the CEO as described in clause 13.
Clause 29 - Membership
This clause provides that the Advisory Council will consist of up to
11 members:
. one member representing the Commonwealth Government;
. one or two members representing State and Territory governments; and
. between five and eight members with expertise in preventive health as
nominated by Health Ministers or their delegates.
This structure provides a maximum (11) and a minimum (seven) number of
members for the Advisory Council - if membership falls below this size, the
Advisory Council will not be able to perform its function. These numbers
offer both a manageable size and ensure that the Advisory Council has
appropriate expert and stakeholder representation.
In addition to the Advisory Council, the CEO may establish committees to
assist with the ANPHA's functions as required. The role of committees is
explained further under Part 5. This two tier advisory structure will
allow the CEO to receive advice from a range of appropriate expert sources
to assist him or her in the effective performance of their functions.
Clause 30 - Function of Advisory Council
The section outlines the functions of the Advisory Council. Paragraph
30(1)(a) provides that the Advisory Council is required to limit its
advisory support to the CEO's functions outlined in clause 11 when acting
on its own initiatives. However, the CEO is able to request advice from
the Advisory Council on a broader range of issues, but that this is limited
to their functions as specified in this proposed Act.
Subclause 30(2) further clarifies that when acting on its own initiative,
the Advisory Council is to carry out its function in a manner that supports
the direction established for the ANPHA by Health Ministers through the
strategic and annual operational plan (including any interim plan that is
in force), and hence within the immediate work program of the ANPHA.
Subclause 30(3) empowers the Advisory Council to undertake activities
necessary or convenient to performing its function.
Subclause 30(4) clarifies that the Advisory Council cannot direct the CEO
in anyway or for any purpose, with the provision of the example that the
Advisory Council is not able to direct the CEO in relation to their
management of the ANPHA. In this vein, the CEO may provide to the Advisory
Council such information which the CEO considers would reasonably assist
the Advisory Council to discharge its function.
Division 2 - Terms and conditions of appointment of members of the Advisory
Council
Clause 31 - Appointment
This clause provides for the appointment of Advisory Council members.
Members, including the Chair and Deputy Chair, will be appointed by the
Minister by written instrument on a part-time basis (subclauses 31(1) and
(3)). Only persons who are ordinarily residents of Australia will be
eligible for appointment, indicating that persons who reside outside of
Australia for even short periods of time will not be able to members of the
Advisory Council (subclause 31(2)). As national cooperation will be
essential to improving Australia's preventive health outcomes and in light
of the intention that the ANPHA support all Australian Health Ministers,
the Minister must consult with the Ministerial Conference before appointing
a person to the Advisory Council (subclause 31(4)).
Subclause 31(5) provides that the appointment of a member to the Advisory
Council is not invalid because of a defective instrument of appointment or
any irregularity in the appointment.
While the clause does not specify knowledge or experience requirements for
Advisory Council members, it is anticipated that the following expertise
would be represented amongst members: public administration,
business/employer groups, education, inter-sectoral collaboration, sports
and recreation, preventive health including health promotion, community and
non-government organisations, consumer issues, social inclusion and
disadvantage (including Indigenous Australians), local government,
legal/regulatory, and finance
Clause 32 - Term of appointment
An Advisory Council member will be appointed for up to three years. This
length of term is consistent with other statutory authorities, such as the
Australian Organ and Tissue Donation Transplantation Authority and Cancer
Australia.
The note to this clause makes clear that, as with the appointment of the
CEO (as set out in the note to clause 15), Advisory Council members may be
re-appointed for further terms (by virtue of the operation of subclause
33(4A) of the Acts Interpretation Act 1901), as set out in the note to
clause 15, and may have their appointment terminated by the Minister
(subclause 39).
Clause 33 - Remuneration and allowances
An Advisory Council member will be paid the remuneration determined by the
Remuneration Tribunal. The Remuneration Tribunal is an independent
statutory body that handles the remuneration of key Commonwealth offices.
If no determination is in operation, the member is to be paid the
remuneration that is prescribed by regulations (refer to clause 56).
Subclause 33(2) provides that an Advisory Council member is not entitled to
be paid if he or she is a full-time employee of, or holds an office or
appointment in, for example, a State, a State government corporation
established under State law (other than a tertiary education institution
such as certain hospitals) or a State government-based company. The note
to this subclause makes clear that the same rule applies to an Advisory
Council member who has a similar relationship with the Commonwealth or a
Territory (as per subsection 7(11) of the Remuneration Tribunal Act 1973).
Advisory Council members will also be paid the allowances that are
prescribed by regulations, other than those allowances set by the
Remuneration Tribunal (subclause 33(3)).
Subclause 33(4) provides that this clause (other than subclause (2) which
relates to those people not entitled to remuneration) has effect subject to
the Remuneration Tribunal Act 1973. This is a standard provision included
in similar legislation (including, for example, section 43 of the National
Health and Medical Research Council Act 1992 and section 38 of the
Australian Organ and Tissue Donation and Transplantation Authority Act
2009).
Clause 34 - Leave of absence
This clause sets out the arrangements for granting leave to Advisory
Council members and the Chair. The clause provides that the Minister may
grant leave of absence to the Advisory Council Chair on the terms and
conditions that the Minister determines (subclause 34(1)). The Advisory
Council Chair may, in turn, grant leave of absence to any other Advisory
Council member on the terms and conditions that the Chair determines
(subclause 34(2)), however the Chair must notify the Minister if a leave of
absence of more than six months has been granted to a member (subclause
34(3)).
Clause 35 - Outside employment
This clause prevents a member of the Advisory Council from engaging in paid
employment that the Minister considers may place the member at risk of
having a conflict of interest or impinge on their ability to provide
independent advice.
Clause 36 - Standing obligation to disclose interests
This clause requires Advisory Council members to give written notice to the
Minister of all interests, financial or otherwise, that the member has or
acquires and that conflict (or could conflict) with the proper performance
of the member's functions. This is an important safeguard for ensuring
that any advice provided by the Advisory Council to the CEO is not tainted
by any conflict of interest or any perceived conflict of interest.
This is similar to clause 19 which requires the CEO to disclose any actual
or potential financial or other interests to the Minister.
Clause 37 - Other terms and conditions
This clause enables the Minister to decide any terms and conditions of the
Advisory Council members that are not otherwise covered by this Bill. The
Minister has a similar power in relation to the CEO (refer to clause 20).
Clause 38 - Resignation
This clause enables an Advisory Council member to resign his or her
appointment by giving the Minister a written resignation (subclause 38(1)).
It also enables the Chair and Deputy Chairs to resign their positions as
Chair and Deputy Chair while maintaining an appointment on the Advisory
Council (subclauses 38(2) and (3)). The resignation takes effect on the
day it is received by the Minister or on a later day if specified in the
resignation (subclause 38(4)).
This process for resignation is the same as applies to the CEO (refer to
clause 21).
Clause 39 - Termination of appointment
Subclause 39(1) provides the details about how, and for what reasons, the
Minister may terminate an Advisory Council member's appointment. As is the
case with the provisions for the CEO's termination (see clause 22), this
may include, for example, misbehaviour, physical or mental incapacity,
bankruptcy, absence without leave for extended periods, failure to comply
with requirements relating to disclosure of interest (refer to clause 36)
and engaging in paid employment that the Minister thinks conflicts, or may
conflict, with the proper performance of the member's duties (refer to
clause 35). The section requires that the Minister must consult with the
Ministerial Conference prior to taking the decision to terminate a member
of the Advisory Council (subclause 39(2)).
Clause 40 - Acting appointments
Subclause 40(1) provides that the Minister may appoint a person to act as
the Chair of the Advisory Council during any vacancy in the office or
during any period when the Chair of the Advisory Council is absent from
duty, or from Australia, or is, for any reason, unable to perform the
duties of the office. Subclause 40(2) provides for the Minister to appoint
a person to act as a member of the Advisory Council in those circumstances.
Consistent with the requirements made of the Minister when appointing
Advisory Council members, subclauses 40(3) and (4) specify that the
Minister must consult with the Ministerial Conference in the case that the
acting arrangements are for:
. a period greater than six months, in the case of the either the Chair
or any other member; and/or
. the representative of the governments of the States and Territories.
Subclause 40(5) provides that anything done by or in relation to a person
purporting to act under an appointment is not invalid merely because:
. the occasion for the appointment had not arisen; or
. there was a defect or irregularity in connection with the appointment;
or
. the appointment had ceased to have effect; or
. the occasion to act had not arisen or had ceased.
The effect of this is the same as clause 23 in relation to the CEO. It
means that if a person takes an action in accordance with their acting
appointment, but the appointment is not valid (for example, because there
was an irregularity in connection with the appointment), their action is
not invalid merely because of these irregularities in the appointment.
A note to the clause draws the reader's attention to sections 20 and 33A of
the Acts Interpretation Act 1901 which relate to people acting in various
offices. The effect of these sections is explained in more detail in
relation to clause 23 of this Bill.
Division 3 - Advisory Council procedures
Clause 41 -Meetings of the Advisory Council
Subclause 41(1) specifies that the Chair of the Advisory Council is to
convene two meetings of the Advisory Council in the first financial year of
its operation as defined in subclause 53(2) (i.e. 1 January - 30 June
2010). The Chair of the Advisory Council must convene four meetings in
each subsequent financial year (in practical terms this would mean one in
each quarter). The Chair is also able to hold additional meetings if the
need arises, for example, a special meeting may be held in order to provide
advice to the CEO in relation to an emerging preventive health issue. The
intention of this provision is to establish a regular meeting pattern
without limiting the frequency of meetings in case the Advisory Council
requires additional meetings in order to deliver on its function of
supporting the CEO.
Subclauses 41(2) to (4) provide the Chair of the Advisory Council with
flexibility in determining the structure and operations of the meetings
(with the exception of keeping minutes as records of events) unless the CEO
provides written instructions otherwise. (Subclause 41(8) makes clear that
any such determination is not a legislative instrument within the meaning
of section 5 of the Legislative Instruments Act 2003.) These subclauses
aim to provide the Chair with flexibility in managing the business of the
Advisory Council, but allow the CEO to stipulate particular conditions, for
example whether members can participate in Advisory Council meetings by
teleconference, to specify quorums, etc.
Subclause 41(5) recognises that an Advisory Council member may not have an
interest that conflicts with the performance of his or her duties on an
ongoing basis but there may be a conflict that arises in respect of a
particular matter being considered (or about to be considered) by the
Advisory Council.
This subclause therefore provides that an Advisory Council member who has
an interest, pecuniary or otherwise, in a matter being considered or about
to be considered by the Advisory Council, must disclose the nature of the
interest to the meeting. The disclosure must be made as soon as possible
after the relevant facts have come to the member's knowledge.
The Advisory Council will then determine the most appropriate course of
action, either for the member to participate in the relevant discussion or
not. In either case, the disclosure and the Advisory Council's response to
that disclosure are to be reflected in the minutes of the meeting
(subclause 41(6)).
Subclause 41(7) provides that the CEO may attend a meeting of the Advisory
Council only at the invitation of the Chair, and only for the time period
specified in the invitation (consistent with clause 13).
Part 5-Committees
In addition to the Advisory Council, an committee structure allows the CEO
to receive advice from a range of appropriate expert sources to assist him
or her in the effective performance of the CEO's functions in particular
subject areas, for example community awareness. It will also create the
mechanisms for a meaningful engagement with, and representation from, key
stakeholders and interest groups.
Clause 42 - Committees
This clause provides for CEO to establish committees to provide advice or
assistance to the CEO or the Advisory Council in the performance of their
functions (subclause 42(1)). The membership of a committee may comprise
Advisory Council members, non-members or a mixture of both (subclause
42(2)). Subclauses 42(3) and (4) provide that the CEO is to determine the
terms of reference, appointment terms and conditions and procedures for
such each committee he or she establishes.
Subclause 42(5) clarifies that an instrument made under subclause (1) is
not considered a legislative instrument within the meaning of section 5 of
the Legislative Instruments Act 2003.
Part 6-Strategic and annual operational plans
Division 1 - Strategic plans
Clause 43 - Development of strategic plan
This clause requires the CEO to develop a rolling series of triennial
strategic plans, to guide the work of the ANPHA and outline its key
objectives and activities over successive three year periods (subclause
43(1)). The strategic plan will outline the scope of the ANPHA's
preventive health focus and agenda as well as the methods in which the CEO
intends to meet the objectives of the plan. Subclause 43(2) specifies that
the CEO must consult the Advisory Council when developing and preparing a
strategic plan.
Subclause 43(3) provides that the first strategic plan is to cover the
three year period commencing 1 July 2010, and subsequent plans are to
commence on three yearly cycles following on from 2010.
Subclause 43(4) clarifies that the ANPHA's strategic plan is not considered
a legislative instrument within the meaning of section 5 of the Legislative
Instruments Act 2003.
Clause 44 - Approval of strategic plan
This clause provides for the manner in which the strategic plan, as the
core document guiding the CEO and the ANPHA, is to be approved by the
Minister, including the timeframes for its submission. Subclause 44(4)
provides that a strategic plan takes effect either on the date it is agreed
or the first day of three year period it applies to, depending on which
occurs later.
To provide the Minister with sufficient time in which to seek the agreement
of the Ministerial Conference prior to the commencement of the period to
which the strategic plan applies, the CEO is required to provide the
Minister with the first strategic plan before 31 March 2010. Subsequent
strategic plans are to be submitted to the Minister before 31 January of
the final year of the period, unless the Minister agrees a later
submission. Note that the Minister may only grant extensions until 31
March of that third year, in order that the Ministerial Conference is given
sufficient time to consider the strategic plan prior to the commencement of
the period the plan relates to (subclause 44(1)).
Subclause 44(2) provides that the Minister must seek the agreement of the
Ministerial Conference on the proposed strategic plan prior to approving
it. This is to ensure that the ANPHA is responsive to, and meeting the
needs of, the Ministerial Conference, as intended by COAG.
Subclause 44(3) provides the Minister with capacity to approve an interim
strategic plan if the Ministerial Conference cannot agree a strategic plan
within one month of the commencement of the new triennial strategic plan
period, that is before 31 May 2010 or before 31 May in the
final year of the three year period to which the previous plan related.
This provision will ensure the ANPHA is able to continue functioning in the
case that Health Ministers cannot come to agreement on a set of objectives
and activities that the ANPHA should be tasked with.
Clause 45 - Variation of strategic plans
Subclause 45(1) allows the CEO to review a strategic plan, either prior its
commencement or during the period in which it is being applied, and
subclauses 45(2), (3) and (4) provide for the CEO to vary a strategic plan,
possibly at the request of the Minister. Consistent with the approval of
the strategic plan, the Minister must seek the agreement of the Ministerial
Conference prior to approving a variation to the plan (subclause 45(5)).
Subclause 45(6) allows the Minister to agree a variation to a strategic
plan if the Ministerial Conference takes six months or longer to agree a
proposed variation. This provision aims to ensure that the ANPHA's
strategic plan is able to be modified within reasonable timeframes in the
case of emerging threats or changing priorities in preventive health.
If a strategic plan is varied after the plan has commenced, subclause 45(7)
makes clear that the varied plan has effect from the date the variation is
approved, not from the date the plan commenced.
This clause also applies to variations to the annual operational plan (see
clause 48).
Division 2 - Annual operational plans
Clause 46 - Development of annual operational plan
This clause requires the CEO to develop an annual operational plan each
year, to set out the actions to be taken in that year to contribute to the
achievement of the objectives set out in the strategic plan, as dealt with
by Division 1 - Strategic plans, and must also identify a number of
indicators against which its performance can be assessed (subclause 46(2)).
The first strategic plan is to cover the period commencing 1 July 2010, and
subsequent plans are to take effect each 1 July from 2010 onwards
(subclause 46(1)).
To provide the Minister with sufficient time in which to seek the agreement
of the Ministerial Conference prior to the commencement of the period to
which the strategic plan applies, the CEO is required to provide the
Minister with the annual operational plan before 30 April each year.
Subclause 46(3) specifies that the CEO must consult the Advisory Council
when developing and preparing an annual operational plan. Subclause 46(4)
clarifies that the ANPHA's annual operational plan is not considered a
legislative instrument within the meaning of section 5 of the Legislative
Instruments Act 2003.
Clause 47 - Approval of annual operational plan
This clause provides for the manner in which the annual operational plan,
as the document that puts into practice the objectives outlined in
strategic plan, is to be approved by the Minister, including the timeframes
for its submission.
Subclause 47(1) outlines that the Minister may approve the annual
operational plan put forward by the CEO or that the Minister may request
amendments to the plan to ensure it is consistent with the strategic plan.
Subclauses 47(4) and (5) outline the process to be followed by the Minister
and the CEO in the case that the Minister considers that the annual
operational plan does not adequately address the objectives laid out in the
strategic plan, with the Minister required to outline their concerns in the
request for a revision and the CEO to consider the request and submit a
revised annual operational plan to the Minister for their approval.
An annual operational plan takes effect either on the date it is agreed on
the first day of the year it applies to, depending on which occurs later
(subclause 47(6)).
Subclause 47(2) provides that the Minister must seek the agreement of the
Ministerial Conference on the proposed annual operational plan prior to
approving it. This ensures that the ANPHA is responsive to, and meeting
the needs of, the Ministerial Conference, as intended by COAG.
As with the strategic plan, subclause 47(3) provides the Minister with
capacity to approve an interim annual operational plan if the Ministerial
Conference cannot agree a strategic plan prior to 31 May of the calendar
year to which the plan applies. This will ensure the ANPHA is able to
continue functioning in the case the Health Ministers cannot come to
agreement on a set of objectives and activities that the ANPHA should be
tasked with.
Clause 48 - Variation of annual operational plan
Subclause 48(1) provides that the arrangements set out in clause 45
(relating to the strategic plan) apply to variation to an annual
operational plan. This means that the CEO may review an annual operational
plan, either prior its commencement or during the period in which it is
being applied, and may vary an annual operational plan, possibly at the
request of the Minister.
Consistent with the approval of the annual operational plan, the Minister
must seek the agreement of the Ministerial Conference prior to approving a
variation to the plan. Subclause 48(1) provides for the Minister to
approve a variation to an operational plan if the Ministerial Conference
takes three months or longer to agree a proposed variation. As with
subclause 45(6), this provision aims to ensure that the ANPHA's operational
plan is able to be modified within reasonable timeframes in the case of
emerging threats or changing priorities in preventive health.
Subclause 48(2) provides that the CEO is to identify if amendments to
strategic plans require changes to be made to the annual operational plan
and to provide the Minister with proposals for changes to both documents at
the same time.
Division 3 - Compliance with plans
Clause 49 - Compliance with plans
This clause provides that the CEO's direction and activities are to align
with the strategic and annual operational plans, or the interim strategic
and annual operational plans. As with several other clauses, this ensures
that the ANPHA is responsive to the directions and objectives set out by
the Ministerial Conference and that it is supporting the Ministerial
Conference, and through it, COAG, in meeting preventive health challenges
that are nationally significant.
Part 7- Finance and reporting requirements
Division 1 - ANPHA Special Account
Clause 50 - ANPHA Special Account
Clause 50 establishes the ANPHA Special Account as a Special Account for
the purposes of the Financial Management and Accountability Act 1997.
Clause 51 - Credits to the Account
Clause 51 sets out the moneys and amounts that must be credited to the
Special Account as follows:
a) amounts equal to those received by the Commonwealth in connection with
the fees charged under section 12;
b) amounts equal to those received by the Commonwealth in connection with
the performance of the CEO's functions under this Act;
c) amounts equal to those received by the Commonwealth in relation to
property paid for with money from the account; and
d) amounts equal to the amounts of any gifts or bequests made for the
purposes of the Account.
The note to clause 51 draws to the reader's attention that an Appropriation
Act enables amounts to be credited to a Special Account if the purpose of
the Special Account is the same as the purpose of the appropriation.
Clause 52 - Purposes of the Account
Clause 52 sets out that the purposes for which money in the Special Account
may be expended are:
a) paying or discharging the costs, expenses and other obligations
incurred by the Commonwealth in the performance of the CEO's functions;
b) paying any remuneration or allowances payable to any person; and
c) meeting any expenses that may be associated with administering the
Special Account.
The note in clause 52 draws the reader's attention to section 21 of the
Financial Management and Accountability Act 1997 which outlines the
circumstances in which funds in a Special Account may be expended.
Division 2 - Annual report
Clause 53 - Annual report
This clause provides that the CEO must, as soon as practicable after the
end of each financial year, prepare and give to the Minister, for
presentation to the Parliament, a report on the operations of the CEO,
during that year (subclause 53(1)). Recognising that this legislation
commences on 1 January 2010, the CEO must provide the first report for the
six month period beginning on 1 January 2010 (subclause 53(2)).
In line with subclause 53(3), examples of the types of matters that the CEO
might include in such an annual report are:
. to give an account for their performance in implementing the strategic
and annual operational plans;
. any variations to the strategic and annual operational plans to have
taken effect in that year;
. budget information and financial management arrangements, including
financial statements as required in the Financial Management and
Accountability Act 1997;
. information relating to the CEO's functions such as:
- the types of grants made by the CEO and the grant recipients;
- the nature of any policies or protocols issued by the CEO;
- the nature of any training programs and community awareness
programs or research that has been funded, conducted or
coordinated;
. the nature of the consultation conducted by the CEO and ANPHA staff;
. information about the Advisory Council, for example, membership and the
number of times the Advisory Council met in that financial year;
. information about any expert advisory committees that the CEO has
established and the memberships and role of the committees; and
. any information about the impacts of the CEO's work (and that of other
organisations) in supporting preventive health activities.
A note in clause 53 draws the reader's attention to section 34C of the Acts
Interpretation Act 1901 which contains extra rules about periodic reports.
In summary, the effect of section 34C of the Acts Interpretation Act 1901
is that:
. the annual report of the CEO must be provided to the Minister as soon
as practicable after the end of the financial year and, in any event,
within six months after the end of that particular period;
. the Minister must cause a copy of the report 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;
. if the CEO believes that it will not be reasonably possible to comply
with the requirement, the CEO may, within the specified period, apply
to the Minister for an extension of the period. The CEO will be
required to give the Minister a statement in writing explaining why it
will not be reasonably possible to lodge the report on time. The
Minister may grant such extension as he or she considers reasonable in
the circumstances. Where the Minister grants an extension the Minister
must table in each House of the Parliament, within three sitting days
after the day on which he or she grants the extension, a copy of the
CEO's statement explaining why the report will be late and also a
statement specifying the extension granted and the Minister's reasons
for granting the extension; and
. if the CEO fails to provide the report within the specified time (or if
an extension has been granted, within that time) the CEO must, not
later than 14 days after the end of the specified period or
extension, give the Minister a statement in writing explaining why the
report was not provided. The Minister must table the statement within
three sitting days of receiving it.
Part 8-Grants
Clause 54 - Grants
This clause outlines the scope and terms and conditions under which the
ANPHA can exercise its function to provide financial assistance under
paragraph 11(1)(g) to a State, Territory or a person on behalf of the
Commonwealth, for matters relating to preventive health.
The reference to a person means a person within the meaning of the Acts
Interpretation Act 1901, for example, an individual or body corporate.
The terms and conditions of the grant must be set out in a written
agreement (subclause 54(2)). A term or condition may require compliance
with a policy or protocol, standard or code of practice.
Subclause 54(3) allows the CEO or his or her delegate (see clause 24) to
enter into such an agreement on behalf of the Commonwealth.
For example, the ANPHA may make grants for the following purposes:
. administer research grants from the preventive health research fund
through a competitive process to universities, academics, State and
Territory governments and maybe NGOs (similar to National Health and
Medical Research Council grant rounds);
. provide the equivalent of a sponsorship, example. provide funding to an
NGO or industry group (such as a sports organisation) on the proviso
that they will not allow advertising by alcohol or tobacco groups at an
event or for their organisation. This would also be through a
competitive process.
Part 9-Miscellaneous
Clause 55 - How the Ministerial Conference gives agreement
This clause provides for Health Ministers to give nominations, agreement or
to seek advice in accordance with procedures determined by Health
Ministers.
Clause 56 - Regulations
This clause enables the Governor-General to make regulations prescribing
matters required, necessary or convenient for the operation or giving
effect of this proposed Act.
For example, this Bill enables regulations to be made in relation to:
. the functions of the CEO (refer to clause 11); and
. allowances to be paid to the CEO (refer to clause 16) and to Advisory
Council members (refer to clause 33).