Northern Territory Explanatory Statements

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MENZIES SCHOOL OF HEALTH RESEARCH AMENDMENT BILL 2016

2016

LEGISLATIVE ASSEMBLY OF THE

NORTHERN TERRITORY

MINISTER FOR HEALTH

MENZIES SCHOOL OF HEALTH RESEARCH AMENDMENT BILL 2016

SERIAL NO. 163




GENERAL OUTLINE

This bill amends the Menzies School of Health Research Act (2007).

The purpose of this bill is to amend the existing legislation to reframe the composition of the Board of Menzies School of Health Research to ensure that it will be an independent, influential and skills-based Board with a governance framework whereby community and business sector representatives will act swiftly in the best interest of the organisation in response to change. This Board structure is consistent with other high level medical research institutes. Under the leadership of a revitalised, contemporary and influential Board, Menzies will foster further growth and development of Northern Australia through health research, education and capacity development.

NOTES ON CLAUSES

Part 1 Preliminary

Clause 1. Short title

The Act may be cited as the Menzies School of Health Research Amendment Act 2016.

Clause 2. Commencement

The Act commences on the day fixed by the Administrator by Gazette notice.

Clause 3. Act amended

This Act amends the Menzies School of Health Research Act.

Clause 4. Section 3 amended (Definitions)

Amendment to section 3 to include a new definition for “Council” and removal of the definition of “Menzies Foundation” to enable appointments of members to the Board of Menzies School of Health Research to be made directly through the Council of Charles Darwin University rather than an Administrator appointment process. Council means the Council of Charles Darwin University as defined in section 3 of the Charles Darwin University Act.

Clause 5. Section 11 replaced (Composition of Board)

Amendment to section 11 to reframe the composition of the Board to include the Director of Menzies School of Health Research, the Vice Chancellor of Charles Darwin University and at least 5 Board members, but no more than 9 members appointed by the Council of Charles Darwin University. The amendment to this section enables the Council of Charles Darwin University to appoint members with the specialty of commerce, financial management or accounting, law, marketing, philanthropy and scientific, biomedical or clinical health research to the Board of Menzies School of Health Research.

Clause 6. Section 12 amended (Period of Office)

Amendment to section 12(1) to replace the word “period” with “term”, “11(1)(d)” with “11(1)(c)” and “Administrator” with “Council” for consistency throughout the Act.

Removal of section 12(2) in line with the removal of the definition of “Menzies Foundation” in section 3 given it is no longer applicable.

Amendment to section 12(3) to insert “as” to correct a previous drafting error and references to “he” and “she” to a more neutral term.

Clause 7. Section 13 amended (Chairperson)

Amendment to section 13(1) and (2) to replace “11(1)(d)” with “11(1)(c)” and “elect” with “nominate” to enable the Board to nominate a Board member appointed under section 11(1)(c) to be the Chairperson and another to be the Deputy Chairperson.

Insertion of section 13(3) to provide that the Council of Charles Darwin University may confirm or refuse to confirm an appointment made under subsection (1) or (2); and section 13(4) to state that appointments made under subsection (1) or (2) would be in force or has effect once confirmed by the Council of Charles Darwin University.

Clause 8. Section 14 replaced (Resignation of Board Member)

Amendment to section 14 to update the provision to modern drafting practices which provides that a Board member appointed under section 11(1)(c) may resign as a Board member by giving written notice to the Secretary.

Clause 9. Section 15 amended (Vacation of Office)

Amendment to section 15 to replace “11(1)(d)” with “11(1)(c)” and references to “he” and “she” to a more neutral term “the Board member” as per modern drafting practices; and replace “Administrator” with “Council”.

Clause 10. Section 29 amended (Variation of terms of trust or gift)

Amendment to section 29(1) and section 29(3) to replace “Administrator” with “Council” as the authority to approve a scheme.

Clause 11. Section 33 amended (Appointments of Director and staff)

Amendment to section 33 to replace “shall” with “must” in line with modern drafting practice and “Administrator” with “Council”.

Clause 12. Part VII heading inserted (Part VII Transitional matters)

Insertion of heading “Part VII Transitional matters”.

Clause 13. Section 43 amended (Appointments of Director and staff)

Amendment to the heading of Part VII to “Transitional matters for Menzies School of Health Research Act 1985”.

Clause 14. Section 44 inserted

Insertion of section 44 to provide that the current Director continues to be the Director after the commencement of the amended Act.

Clause 15. Act further amended

The schedule has effect.

Clause 16. Expiry of Act

This clause expires the Act on the day after it commences.

 


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