Information sheet
Health statutory agencies – key compliance requirements
This document has been prepared to accompany the ‘Health statutory agencies – compliance activity calendar’.
Legal and administrative framework for statutory agency operation
 Each Health portfolio statutory agency is governed by its own enabling legislation, as well as other legislative
requirements that are common to Queensland government bodies.
 Requirements vary depending on the organisational form of the agency (i.e. statutory body, statutory authority,
committee/advisory council). A table summarising the organisational form of health statutory agencies is provided
at Attachment 2.
 This information sheet helps to identify the legal and administrative framework within which health statutory
agencies operate (see diagram below), describing key requirements that statutory agencies must comply with. It
also includes links to useful documents to assist health statutory agencies to identify and meet their legislated and
broader compliance requirements.
 The table at Attachment 1 identifies key legislative and other requirements that statutory agencies must comply
with and may assist agencies in the development of a compliance register. It is not a comprehensive list of
obligations and is therefore illustrative only. It should not be relied on as a source document in its own right –
original documentation should be consulted.
 A separate document has been prepared for Hospital and Health Services (HHS) and HHS should contact the
Office of Health Statutory Agencies (OHSA) via email statutoryagencies@health.qld.gov.au to obtain a current
copy.
Attachments
Attachment 1—Health statutory agencies’ key compliance requirements template
Attachment 2—Types of government bodies
Contact for further information
Contact
Telephone
Office of Health Statutory Agencies
3234 1705
Email
statutoryagencies@health.qld.gov.au
Revision history
Date
Version no.
Description of change/revision
19/08/2013
v.1.0
Endorsed first version
15/04/2014
v.2.0
General updates to reflect changes to content and insertion of revised web links to
legislation (as highlighted)
Information sheet: health statutory agencies - key compliance requirements
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Attachment 1 – Health statutory agencies’ key compliance requirements template
Mandatory requirements
Reference
Date/Timeframe
Accountability1
Supporting documents
Enabling legislation – [insert name of Act e.g. Health Quality and Complaints Commission Act 2006]
[insert details of the requirement]
[insert
relevant
section of the
Act]
e.g. Include in the commission’s annual report:
s172 HQCC
information required by the Minister; and details Act
of any direction given to the commission by the
Minister, etc.
[insert details of
how often the
activity must be
done e.g. Annually
/Quarterly/March]
[insert details of
who is
accountable for
compliance with
the requirement]
[insert link to enabling legislation and any relevant documents]
Annually
(included in
Annual Report)
Chief Executive
Officer
Health Quality and Complaints Commission Act 2006 (HQCC Act):
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/H/HealthQCCA06.pdf )
Annually –
published by 1
July
Statutory body
[insert e.g. link to a direction/document]
Planning
Strategic Plan developed compliant with the
Department of the Premier and Cabinet (DPC)
‘Agency Planning Requirements’.
s9 FPMS
(statutory bodies that
are published in the
Service Delivery
Statements i.e.
QIMR, HCQQ must
consult with both
DPC and Treasury
on their draft
strategic plan – a
consultation draft
must be submitted to
DPC by 31 March)
Financial and Performance Management Standard 2009 (FPMS):
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/F/FinAccPManSt09.pdf)
Note: The Financial Accountability Act 2009 and this Standard establish the high level
financial management and accountability obligations for all statutory bodies.
Agency Planning Requirements – for the 2014 planning period:
(http://www.premiers.qld.gov.au/publications/categories/plans/planningrequirements.aspx)
Strategic Plans – Minimum Requirements Checklist (OHSA fact sheet):
(http://www.health.qld.gov.au/ohsa/docs/sp-reqsv2.pdf)
Hospital Foundation Strategic Plan Template:
(http://www.health.qld.gov.au/ohsa/docs/hf-strategic-plan-template.doc)
Strategic Planning for Government Bodies Webcast 2013 (OHSA):
(http://www.health.qld.gov.au/ohsa/html/sp-webcast.asp)
Please note, strategic plans may also have to take into account the final version of the
Government's Queensland Plan (http://queenslandplan.qld.gov.au/), should this be
available prior to 1 July 2014. At this stage, OHSA does not have any firm advice in
relation to this matter but will provide additional advice and guidance should this be
required.
Operational Plan developed compliant with
DPC’s Agency Planning Requirements.
s9 FPMS
Annually
(monitored
regularly;
evaluated /
Statutory body
Agency Planning Requirements – for the 2014 planning period:
(http://www.premiers.qld.gov.au/publications/categories/plans/planningrequirements.aspx)
1
This column identifies which statutory agency/ies the requirement relates to. When creating your own document this column could be used to identify the officer / staff member accountable for
compliance with this requirement, e.g. Chief Executive Officer / Chief Finance Officer / all staff.
Information sheet: health statutory agencies – key compliance requirements
-3-
Mandatory requirements
Reference
Date/Timeframe
Accountability1
Supporting documents
Operational Plan – Minimum Requirements Checklist (OHSA fact sheet):
(http://www.health.qld.gov.au/ohsa/docs/op-plan-reqsv2.pdf)
reviewed at least
six monthly)
Annual financial statements prepared, certified ss61-62 FAA, Annually (included Statutory body
and tabled in Parliament in accordance with the s43, s45
in annual report)
prescribed requirements (i.e. have regard to the FPMS
Financial Reporting Requirements; submitted to
the Auditor-General on the date agreed to allow
the financial statements to be certified by not
later than 2 months from the end of the financial
year).
Consider the Auditor-General’s report on
audited financial statements, and any matters
arising from the Auditor-General’s report.
s46 FPMS
Annually
Statutory body
Annual report prepared and given to the
Minister for tabling. For a statutory body, the
report must be compliant with the FPMS and
DPC’s Annual Report Requirements. For other
agencies, annual reports must be prepared in
accordance with their enabling legislation.
s61, s63 FAA,
ss49-53
FPMS,
enabling Act
Annually
Statutory body
(statutory body –
Statutory authority
tabled in Parliament RAC
by 30 September;
other – as specified
in enabling Act)
Financial Accountability Act 2009 (FAA):
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/F/FinAccountA09.pdf)
Queensland Treasury Financial Reporting Requirements (FRRs) for Queensland
Government Agencies (including Accounting Policy Guidelines):
(http://www.treasury.qld.gov.au/office/knowledge/docs/fin-reporting-req/index.shtml)
Annual Report Requirements for Queensland Government agencies:
(http://www.premiers.qld.gov.au/publications/categories/guides/annual-reportguidelines.aspx)
Annual Reports – Online Publication Compliance Checklist (OHSA fact sheet):
(http://www.health.qld.gov.au/ohsa/docs/annualreport-publicationchecklist-v2.pdf)
Financial Management
Establish the following for efficiently, effectively
and economically managing the financial
resources of the statutory body –
(a) a revenue management system;
(b) an expense management system;
(c) an asset management system;
(d) a cash management system;
(e) a liability management system;
(f) a contingency management system;
(g) a financial information management
system;
(h) a risk management system.
s15 FPMS
Statutory body
In establishing the systems, the statutory body
must have regard to the Financial Accountability
Handbook.
Financial Performance Management Standard 2009:
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/F/FinAccPManSt09.pdf )
Financial Accountability Handbook:
(http://www.treasury.qld.gov.au/office/knowledge/docs/financial-accountabilityhandbook/)
Queensland Treasury Financial Reporting Requirements (FRRs) for Queensland
Government Agencies (including Accounting Policy Guidelines):
(http://www.treasury.qld.gov.au/office/knowledge/docs/fin-reporting-req/index.shtml)
Queensland Treasury – A Guide to Risk Management:
(http://www.treasury.qld.gov.au/office/knowledge/docs/risk-management-guide/guide-torisk-management.pdf)
Department of Health Risk Management Policy and Standards
Policy: http://www.health.qld.gov.au/qhpolicy/docs/pol/qh-pol-070.pdf
Standard: http://www.health.qld.gov.au/qhpolicy/docs/imp/qh-imp-070-1.pdf
Information for Statutory Bodies (these new documents replace the Statutory Body
Guide, two of which are designed to assist members of statutory bodies meet their
statutory obligations (http://www.treasury.qld.gov.au/office/knowledge/docs/informationfor-statutory-bodies/index.shtml)
Financial and Performance Management Standard 2009 Requirements (OHSA Fact
Sheet): (http://www.health.qld.gov.au/ohsa/docs/fpms-requirements-v2.pdf)
Information sheet: health statutory agencies – key compliance requirements
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Mandatory requirements
Reference
Date/Timeframe
Accountability1
Regularly review systems for managing
resources to ensure the systems remain
appropriate for managing the financial
resources of the statutory body.
s15 FPMS
Regularly
Statutory body
Prepare and maintain a Financial Management
Practice Manual (FMPM) that complies with
related legislation, regulation and policies for
use by staff in the performance of their financial
management roles.
s16 FPMS
Maintain
Statutory body
Supporting documents
FMPM Guidance Template for Hospital Foundations:
(http://www.health.qld.gov.au/ohsa/html/hf-fmpm-guide.asp)
Note: The FMPM is the internal instructional manual for the body to ensure compliance
with the mandated requirements and is the initial point of reference for employees in
relation to the body’s financial policy.
Each person involved in the financial
management of a statutory body is required to
comply with the FMPM.
The accounting practices presented in an FMPM must comply with the latest accounting
standards and interpretations issued by the Australian Accounting Standards Board
(AASB): (http://www.aasb.gov.au/Pronouncements/Current-standards.aspx)
Developed to assist Hospital Foundations in the development of their own FMPM, the
Guidance Template is modelled on the financial management methods of a range of
public sector entities. The template provides questions, prompts and directions to guide
the development of a financially sound and robust FMPM.
Requirements in relation to establishing a
revenue management and user charging
system to ensure all revenue is promptly
managed and customers are charged an
appropriate amount for goods and services
provided by the statutory body.
s17, s18
FPMS
Expenses managed with an expense
management system which provides for
promptly identifying, approving, managing and
recording expenses and the timely paying of
expenses.
s19 FPMS
Statutory body
Financial Accountability Handbook:
(http://www.treasury.qld.gov.au/office/knowledge/docs/financial-accountabilityhandbook/index.shtml)
The handbook has been designed to assist accountable officers and statutory bodies
discharge their obligations under the FAA, the FPMS, and the Financial Accountability
Regulation 2009.
Statutory body
Queensland Procurement Policy (QPP) July 2013:
(http://www.hpw.qld.gov.au/supplydisposal/governmentprocurement/ProcurementPolicy
Guidance/StateProcurementPolicy/Pages/Default.aspx)
Note: The State Procurement Policy has been superseded by the QPP, which provides
the framework for all Queensland Government procurement. All statutory bodies are
required to comply with the QPP and Queensland’s trade agreement obligations. Refer
to the ‘Whole of Government Policy’ section on page 15.
To the extent they apply to a statutory body, the
statutory body must comply with the following
documents in developing the expense
management system, including: the ‘State
Procurement Policy’, the ‘Queensland
Ministerial Handbook’ and ‘General Guidelines
for Personal Expenses and the Use of Credit
Cards by Public Service Employees’ issued by
the Office of the Public Service Commissioner.
Procurement/Purchasing Requirements (OHSA fact sheet):
(http://www.health.qld.gov.au/ohsa/docs/procurement-info-sheet-v2.pdf)
Queensland Ministerial Handbook:
(http://www.premiers.qld.gov.au/publications/categories/policies-andcodes/handbooks/ministerial-handbook.aspx)
The statutory body’s expense management
s20 FPMS
system keeps a record of special payments over
$5,000.
Statutory body
Keep written records and notifications where
applicable to loss of the statutory body’s
Statutory body
ss21-22
FPMS
Information sheet: health statutory agencies – key compliance requirements
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Mandatory requirements
Reference
Date/Timeframe
Accountability1
Supporting documents
Statutory body
Queensland Treasury Statutory Body Guide - Guide Sheet 4: Evaluating and reviewing
significant physical assets:
(https://www.yumpu.com/en/document/view/16291438/guide-sheet-4-evaluating-andreviewing-significant-physical-assets)
property as a result of an offence or misconduct
or other reason as specified in sections 21 & 22
of the FPMS.
Assets managed in accordance with an asset
s23 FPMS
management system that ensures evaluations
(similar to business cases) are prepared before
acquiring, maintaining or improving a significant
physical asset, with a completion review
undertaken to ensure that objectives contained
in the evaluations were met.
Non-Current Asset Policies for the Queensland Public Sector (NCAPS):
(http://www.treasury.qld.gov.au/office/knowledge/docs/non-current-assetpolicies/index.shtml)
An asset management system must ensure that
assets are regularly maintained and must
comply with or have regard to:

Non-current Asset Policies for the
Queensland Public Sector

Property Tenure Government Land
Policy

Queensland’s Project Assurance
Framework

Queensland’s Value for Money
Framework.
Manage the body’s cash in accordance with a
cash management system which provides for
control and recording of cash transactions.
Transaction Policy: (http://www.dsdip.qld.gov.au/resources/glam-transaction-policy.pdf)
Queensland’s Project Assurance Framework:
(http://www.treasury.qld.gov.au/office/knowledge/docs/project-assurance-frameworkguidelines/index.shtml)
Queensland’s Value for Money Framework: (http://www.treasury.qld.gov.au/projectsqueensland/policy-framework/public-private-partnerships/)
s24 FPMS
Statutory body
Financial Accountability Handbook:
(http://www.treasury.qld.gov.au/office/knowledge/docs/financial-accountabilityhandbook/index.shtml)
Manage liabilities in accordance with a liability
s25 FPMS
management system, which promptly and
accurately records liabilities, e.g. for operational
costs and capital expenditure, and complies
with ‘Leasing in the Queensland Public Sector –
Policy Guidelines’.
Statutory body
Leasing in Queensland Public Sector Policy Guidelines:
(http://www.treasury.qld.gov.au/office/knowledge/docs/leasing-in-qld/index.shtml)
Note: These are mandatory guidelines that apply to the lease of all assets, but exclude
tenancy leases of real property and leases of passenger or commercial motor vehicles
obtained from Q-Fleet by a tied client.
Manage contingent assets and contingent
s26 FPMS
liabilities in accordance with a contingency
management system, which promptly identifies,
records and reports on contingencies.
Statutory body
Note: A contingent asset or liability crystallises as the result of a future event that is
outside the control of the agency.
Comply with the mandatory principles stated in s27 FPMS
the Information Standards and ensure that its
financial information management system aligns
with the targets stated in the QGEA and
complies with the Public Records Act 2002.
Statutory body
Financial Accountability Handbook:
(http://www.treasury.qld.gov.au/office/knowledge/docs/financial-accountabilityhandbook/index.shtml)
Information sheet: health statutory agencies – key compliance requirements
Current Information Standards (refer also pages 16-17):
(http://www.qgcio.qld.gov.au/products/qgea-documents)
Queensland Government Enterprise Architecture (QGEA) 2.0 (refer also pages 16-17
below): (http://www.qgcio.qld.gov.au/products/about-the-qgea)
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Mandatory requirements
Reference
Date/Timeframe
Accountability1
Supporting documents
Public Records Act 2002:
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PublicRecA02.pdf)
Provides for the management of public records in Queensland.
Manage strategic and operational risks in
accordance with a risk management system.
s28 FPMS
Establish an internal audit function if directed by ss29-30
the Minister or if the body considers it
FPMS
appropriate. Systems for ensuring the internal
audit function operates efficiently, effectively
and economically must be developed and
implemented. The internal audit function must
function under an internal audit charter.
Statutory body
Queensland Treasury Audit Committee Guidelines – Improving Accountability and
Performance: (http://www.treasury.qld.gov.au/office/knowledge/docs/improvingperformance/)
Statutory body
Financial Accountability Handbook - Volume 2: Governance (2.6 Head of internal audit;
2.9 Internal audit):
(http://www.treasury.qld.gov.au/office/knowledge/docs/financial-accountabilityhandbook/volume-2-governance.shtml)
The internal audit function prepares a strategic s31 FPMS
audit plan that provides an overall strategy for
the internal audit function for a period of at least
1 year. The plan must be approved by the
statutory body. The head of internal audit must
consult with an authorised auditor during
preparation of audit plans.
Annually
Statutory body
(with an internal
audit function)
The internal audit function prepares an audit
plan for each year that sets out the audits
intended to be carried out by the internal audit
function during the year. The plan must be
approved by the statutory body. The head of
internal audit must consult with an authorised
auditor during preparation of audit plans.
s31 FPMS
Annually
Statutory body
(with an internal
audit function)
The internal audit function gives final audit
reports to the statutory body (to the audit
committee if one is established). The statutory
body must consider the contents of all reports
and take the actions considered necessary.
ss32-33
FPMS
As required
Statutory body
A statutory body may establish an Audit
s35 FPMS
Committee. If they do, they must have regard to
the Queensland Treasury document ‘Audit
committee guidelines – improving accountability
Statutory body
Information sheet: health statutory agencies – key compliance requirements
Queensland Treasury Audit Committee Guidelines – Improving Accountability and
Performance: (http://www.treasury.qld.gov.au/office/knowledge/docs/improvingperformance/index.shtml)
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Accountability1
Supporting documents
Develop and implement a contract performance ss36-41
guarantee system. Sections 36-41 of the FPMS FPMS
detail the obligations and responsibilities
attaching to contract performance guarantees.
Statutory body
Note: Contract performance guarantees are securities provided by a contractor, or on a
contractor’s behalf, to ensure a contractor completes all obligations under a contract
negotiated between an agency and a contractor.
Statutory bodies are to comply with Part 5 of the
SBFAA. Statutory bodies must be stated in a
regulation to have borrowing powers under the
Act.
Statutory body
Statutory Bodies Financial Arrangements Act 1982 (SBFAA):
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/StatutryBodA82.pdf)
Mandatory requirements
Reference
Date/Timeframe
and performance’, develop Terms of Reference,
include members of the governing body, etc.
Part 5
SBFAA,
Schedule 2
SBFAR
Statutory Bodies Financial Arrangements Regulation 2007 (SBFAR):
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/StatutryBodR07.pdf)
Note: The primary purpose of the Act and regulation is to establish the borrowing and
investment powers of statutory bodies. Provisions also address the role of the
Treasurer in providing guarantees – under the SBFAA, the Treasurer may guarantee
the performance of obligations of a statutory body under a financial arrangement
entered into by the body (sections 16 and 76). The Treasurer can charge a fee for this
guarantee. The Treasurer can delegate functions under this Act to another Minister.
Note: where a statutory body has not been
assigned borrowing powers under the SBFAR,
the Treasurer’s approval must be obtained to
borrow an amount (refer Part 7A of the SBFAA).
There are also requirements under the State
Borrowing Program that statutory bodies must
satisfy:
(http://www.treasury.qld.gov.au/office/knowledg
e/docs/overdraft/index.shtml).
A statutory body may invest under this part
depending on whether a regulation allocates a
statutory body one of the three categories of
investment powers. Where investments are not
permitted under Part 6 of the Act, a statutory
body may seek approval from the Treasurer
under Part 7A of the Act. Requests are
considered on a case-by-case basis.
Hospital Foundations and the Council of the QIMR are included in Schedule 2 of the
SBFAR as statutory bodies that may borrow under part 5 of the SBFAA.
Part 6
SBFAA,
Schedule 4
SPFAR
Statutory body
Queensland Treasury Investment Policy Guidelines for Statutory Bodies:
(http://www.treasury.qld.gov.au/office/knowledge/docs/investment-policyguidelines/index.shtml)
Note: The guidelines provide a general outline of the impact of the SBFAA on the
operations of statutory bodies and aim to assist statutory bodies in understanding their
obligations under the Act and provide information to assist in developing better-practice
policy frameworks for the investment of funds.
Hospital and Health Services are allocated category 2 investment power in Schedule 4
of the SBFAR.
Health statutory bodies allocated category 3 investment power in Schedule 4 of the
SBFAR are: Hospital Foundations and Council of the QIMR.
s7 FPMS
Statutory body
FPMS:
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/F/FinAccPManSt09.pdf )
Governance
A Governance Framework appropriate for the
agency is established. Governance includes
establishing a performance management
system, a risk management system and an
internal control system.
Information sheet: health statutory agencies – key compliance requirements
Governance Institute of Australia Website:
(http://www.governanceinstitute.com.au/knowledge-resources/)
Note: Provides a range of resources on best practice in board and organisational
governance, and risk management.
-8-
Mandatory requirements
Reference
Date/Timeframe
Accountability1
Supporting documents
Cost-effective internal control structure
established, including, for example, an
organisation structure and delegations
supportive of the objectives and operations of
the body (the internal control structure must be
included in the FMPM of the body).
s8 FPMS
Recommended –
annual check and
test2
Statutory body
Financial Accountability Handbook:
(http://www.treasury.qld.gov.au/office/knowledge/docs/financial-accountabilityhandbook/index.shtml)
Financial Management Tools (provide guidance only, i.e. not mandatory):
(http://www.treasury.qld.gov.au/office/knowledge/docs/financial-managementtools/index.shtml)
Note: Queensland Treasury and Trade conducted a high-level review of the Financial
Accountability Handbook and Financial Management Tools in October 2013. The
majority of the changes to the Handbook are updates to related resources and minor
wording changes. The most significant changes to the Tools is the addition of
information designed to assist in evaluating and reviewing significant assets. A
summary of changes is available on the websites.
Information for Statutory Bodies – Overview of applicable legislation, policies and
guidance documents: Appendix 1 (see page 9):
(http://www.treasury.qld.gov.au/office/knowledge/docs/information-for-statutorybodies/statutory-bodies-information-overview.pdf)
Compliance Checklists:
(http://www.treasury.qld.gov.au/office/knowledge/docs/information-for-statutorybodies/statutory-bodies-information-overview.pdf)
Australian Accounting Standards Board – Accounting Standards:
(http://www.aasb.gov.au/Pronouncements/Current-standards.aspx)
The performance of the body is managed
compliant with the DPC document ‘A guide to
the Queensland Government performance
management framework’.
s11 FPMS
Statutory body
Systems are in place for obtaining information to s12 FPMS
enable the statutory body to decide whether it
is:
(a) achieving the objectives stated in its
strategic plan efficiently, effectively and
economically; and
(b) delivering the services stated in its
operational plan to the standard stated
in the plan.
Statutory Body
A guide to the Queensland Government performance management framework :
(http://www.premiers.qld.gov.au/publications/categories/guides/perf-manageframework.aspx)
Queensland Audit Office – Better Practice Guides: Performance Reviews:
(https://www.qao.qld.gov.au/files/file/publications/qao_bpg_performance_reviews.pdf)
Performance Reporting to Boards: A Guide to Good Practice (Chartered Institute of
Management Accountants):
(http://www.cimaglobal.com/Documents/ImportedDocuments/perfrpttoboards_techguide
s_2003.pdf)
Thirteen Ways to Improve Your Monthly Board Reports (ExcelUser):
(http://www.exceluser.com/tools/boardrpts.htm)
Note: Under s77(2) ‘Chief finance officer’ of the FAA each departmental CFO must produce to the accountable officer, for each financial year, a statement about whether the financial
internal controls are operating efficiently, effectively and economically. This statutory requirement does not apply to statutory bodies, however, bodies should have a process in place
to check and test financial internal controls.
2
Information sheet: health statutory agencies – key compliance requirements
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Accountability1
Mandatory requirements
Reference
Date/Timeframe
Performance systems allow reporting about
performance to be provided.
s13 FPMS
Report provided to Statutory body
the statutory body
at least every 3
months; and to the
Minister annually
or when requested
Performance management system must allow
s14 FPMS
the body to assess:
(a) the appropriateness of its objectives,
and the services that it delivers to
achieve its objectives
(b) whether the performance information is
suitable to assess the extent to which
the objectives have been achieved
(c) options to improve the efficiency,
effectiveness and economy of the
operations of the agency.
Statutory body
Part 7 of the AIA outlines the operation of
Part 7, AIA
conferral; performance; delegation of statutory
functions and powers; making of appointments;
acting appointments; etc. E.g. section 27A
‘Delegation of functions or powers’ outlines how
delegation of functions and powers works.
All agencies
Supporting documents
NHS Sample Board Papers:
(http://www.rdehospital.nhs.uk/trust/board/boardpapers.html)
Acts Interpretation Act 1954 (AIA):
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/A/ActsInterpA54.pdf)
Note: The AIA prescribes the meanings of common terms used in Acts where those
Acts do not in themselves provide a definition, or where the definitions provided in the
Acts require further clarification (i.e. the AIA only applies to the extent of any
inconsistency), and provides courts with clear directions to resolve a range of potential
inconsistencies.
Public accountability
The PIDA applies to the chief executive officer
of a public sector entity, including obligations in
regard to, for example, establishing procedures
to deal with public interest disclosures (PIDs),
keeping records of PIDs, and ensuring
protections are in place for disclosers.
Chapter 3,
PIDA
All agencies
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PubIntDisA10.pdf)
Note: The Queensland Ombudsman administers the PIDA. Under section 60, the
Ombudsman has issued a Standard about the way in which agencies must deal with
PIDs, including a requirement to provide information to the Ombudsman regarding PIDs
received. The Standard is binding on all entities within the jurisdiction of the PIDA.
Section 28 provides for the establishment of
reasonable procedures by the chief executive of
a public sector entity.
Public Interest Disclosure Standard No. 1:
(http://www.ombudsman.qld.gov.au/Portals/0/docs/Publications/WWTW/Public%20Inter
est%20Disclosure%20Standard%20No%201_V1.pdf)
Section 29 provides that the chief executive
officer of a public sector entity must keep a
proper record of disclosures.
The Auditor-General of Queensland is required
to audit each year the financial accounts of all
statutory bodies (unless exempted) and to
provide independent reports to the Queensland
Parliament. The statutory body must grant the
Public Interest Disclosure Act 2010 (PIDA):
For further information (including PID facts and guides):
(http://www.ombudsman.qld.gov.au/PublicationsandReports/PublicInterestDisclosures/P
IDResources/tabid/443/Default.aspx).
ss46-47 AGA
As and when
requested
Auditor-General Act 2009 (AGA):
Statutory body
(unless exempted) (https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/A/AttorneyGenA99.pdf)
Note: Establishes the position of the Queensland Auditor-General and the Queensland
Audit Office (QAO). The Act also confers on the Auditor-General and the QAO the
functions and powers necessary to carry out independent audits of all Queensland
Information sheet: health statutory agencies – key compliance requirements
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Mandatory requirements
Reference
Date/Timeframe
Accountability1
audit team access to all records, and stated
information as and when requested by sections
46 & 47 of the AGA. In addition, each entity is
responsible for liaising directly with the Audit
Manager and providing solutions to the audit
issues raised.
The PSEA outlines the ethical obligations of
employees within the Queensland Public
Sector. The PSEA provides four (4) ethics
principles for the public sector:
(a) Integrity and impartiality
(b) Promoting the public good
(c) Commitment to the system of
government and
(d) Accountability and transparency.
Supporting documents
public sector agencies.
Queensland Audit Office: (https://www.qao.qld.gov.au/home)
Part 3, PSEA
All agencies
Queensland Government Ethics Website: (http://www.ethics.qld.gov.au/)
Public Sector Ethics (OHSA fact sheet): (http://www.health.qld.gov.au/ohsa/docs/ethicssheet.pdf)
The PSEA also incorporates a range of “ethical
values” associated with each of the ethics
principles. These principles and values form the
basis of the codes of conduct required to be
developed by each statutory body.
The Code of Conduct for the Queensland Public ss11-12M(2)
Service applies to all public service agencies.
PSEA
Employees of the agency must comply with the
Code and any standard of practice in performing
their official functions.
Public Sector Ethics Act 1994 (PSEA):
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PublicSecEthA94.pdf)
Declares the ethical principles that are fundamental to good public administration and
covers requirements for codes of conduct for public officials. The PSEA ethics principles
and values apply to all public service agencies and public sector entities, including
statutory bodies and public officials.
Annually
(statement
included in annual
report)
Prescribed public
service agencies
(HHSs, HQCC,
MHRT)
Code of Conduct for the Queensland Public Service:
(http://www.psc.qld.gov.au/includes/assets/qps-code-conduct.pdf)
Annually
(statement
included in annual
report)
Public sector
entities (e.g.
Hospital
Foundations)
Public Sector Ethics (OHSA fact sheet):
(http://www.health.qld.gov.au/ohsa/docs/ethics-sheet.pdf)
Public Sector Ethics (OHSA fact sheet):
(http://www.health.qld.gov.au/ohsa/docs/ethics-sheet.pdf)
The chief executive officer has certain
responsibilities under the Act, including: must
ensure employees have reasonable access to a
copy of the Code and any standards of practice;
must publish and keep available for inspection
by any person copies of the Code and any
standards of practice; must ensure employees
are given access to appropriate education and
training about public sector ethics; must ensure
the administrative procedures and management
practices of the agency have proper regard to
the Act, the Code and any standards of practice;
and must ensure the annual report includes a
statement as per s12M.
The chief executive officer of a public sector
ss13-23
entity must ensure a code of conduct is
PSEA
prepared for the entity and approved by the
Minister for Health. Employees of an entity must
comply with the code of conduct in performing
Information sheet: health statutory agencies – key compliance requirements
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Mandatory requirements
Reference
Date/Timeframe
Accountability1
Supporting documents
s38 CMA
As necessary
All agencies
Crime and Misconduct Act 2001 (CMA):
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/C/CrimeandMisA01.pdf)
their official functions.
The chief executive officer also: must ensure
employees have reasonable access to a copy of
the Code and any standards of practice; must
publish and keep available for inspection by any
person copies of the ethics principles and the
entity’s approved code of conduct; must ensure
employees are given access to appropriate
education and training about public sector
ethics; must ensure the administrative
procedures and management practices of the
entity have proper regard to the Act and the
entity’s code of conduct; and must ensure the
annual report includes an implementation
statement as per s23.
If a public official (CEO of a unit of public
administration) suspects that a complaint,
information or matter involves, or may involve,
official misconduct, they must notify the Crime
and Misconduct Commission of the complaint.
Crime and Misconduct Commission Queensland: (http://www.cmc.qld.gov.au/).
The CEO of a unit of public administration has a s43-44 CMA
responsibility to deal with a complaint about, or
information or matter involving, official
misconduct that is referred to it by the
commission.
As necessary
All agencies
(captured in the
meaning of a unit
of public
administration)
Section 44 of the CMA (see link above) outlines how complaints must be dealt with.
Deal with applications for information as per
Part 3 of the RTIA.
As necessary
All agencies
Right to Information Act 2009 (RTIA):
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/R/RightInfoA09.pdf)
The Act gives the public a right of access to information held by government unless, on
balance, providing access would be contrary to the public interest.
Part 3, RTIA
Further information is also available via (www.qld.gov.au/right-to-information/)
Policy documents are made available for
inspection and purchase by the public.
s20 RTIA
All agencies
Note: An agency must make copies of each of its policy documents available for
inspection and purchase by the public. However, nothing in this section prevents an
agency from deleting exempt information or contrary to public interest information from a
copy of a policy document.
Publish a publication scheme, which is a
scheme that sets out the classes of information
that the agency makes available and how the
information can be accessed, including any
charges. This may include a de-identified
disclosure log of documents that have been
s21 RTIA
All agencies
Ministerial Guidelines and Links to Departmental Publication Schemes
(http://www.rti.qld.gov.au/right-to-information-act/publication-schemes)
Information sheet: health statutory agencies – key compliance requirements
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Mandatory requirements
Reference
Date/Timeframe
Accountability1
Supporting documents
All agencies
(except HHSs –
National Privacy
Principals (NPPs)
apply to HHSs)
Information Privacy Act 2009 (IPA):
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/I/InfoPrivA09.pdf)
Note: The Act provides for the fair collection and handling in the public sector
environment of personal information, and gives the public a right to apply to access and
amend their own personal information.
released in response to Right to Information
applications.
Comply with the Information Privacy Principles
in relation to the collection, storage, use and
disclosure of an individual’s personal
information.
s27 IPA,
Schedule 4
IPA
Office of the Information Commissioner (Queensland):
(http://www.oic.qld.gov.au/information-for/government)
Recordkeeping – General, Digital, Cloud Computing (OHSA fact sheet):
(http://www.health.qld.gov.au/ohsa/docs/recordk-sheet.pdf)
A health statutory agency may only transfer an
individual’s personal information to an entity
outside of Australia in certain circumstances
specified in section 33 of the IPA.
s33, IPA
All agencies
Make and keep full and accurate records of its
activities.
s7 PRA
All agencies
(captured in
meaning of public
authorities)
Public Records Act 2002 (PRA):
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PublicRecA02.pdf)
Note: The PRA provides for the management of public records in Queensland.
Recordkeeping – General, Digital, Cloud Computing (OHSA fact sheet):
(http://www.health.qld.gov.au/ohsa/docs/recordk-sheet.pdf)
Queensland State Archives:
(http://www.archives.qld.gov.au/Pages/default.aspx)
Retention and Disposal Schedules (e.g. Health Sector (Clinical Records), Health Quality
and Complaints Commission):
(http://www.archives.qld.gov.au/Recordkeeping/RetentionDisposal/Pages/RDSorg.aspx)
General Retention and Disposal Schedule (GRDS) for Administrative Records:
(http://www.archives.qld.gov.au/Recordkeeping/RetentionDisposal/Pages/GRDS.aspx)
General legislative requirements
An employer is legally liable for compensation
for injury sustained by a worker employed by
the employer if the injury is sustained by the
worker in their employment.
Worker’s Compensation and Rehabilitation Act 2003 (WCRA):
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WorkersCompA03.pdf )
An Act to establish a workers’ compensation scheme for Queensland, and for other
purposes.
s46 WCRA
All agencies
Every employer must, for each worker
s48 WCRA
employed by the employer, insure and remain
insured for compensation and damages relating
to injury sustained by the worker.
All agencies
If an employer meets criteria prescribed under
the WCRR, they must appoint a Rehabilitation
Agencies captured Worker’s Compensation and Rehabilitation Act 2003 (WCRA):
in the WCRR
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WorkersCompA03.pdf) An
Ss226-227
Policy and
WCRA, s99D, procedures
Information sheet: health statutory agencies – key compliance requirements
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Mandatory requirements
Reference
and Return to Work Coordinator and have
100 WCRR
workplace rehabilitation policy and procedures.
Note: employers meet the criteria of the WCRR
if:
(a) for an employer who employs workers at a
workplace in a high risk industry, the
wages of the employer for the proceeding
financial year were more than $1.63M; or
(b) the wages of the employer in Queensland
for the preceding financial year were more
than $4.9M.
The Chief Executive, as an ‘officer’ as defined in s27 WHSA
the WHSA will have certain work health and
safety obligations under this Act, including due
diligence, which is defined as taking reasonable
steps:
(a) to acquire and keep up-to-date knowledge
of work health and safety matters; and
(b) to gain an understanding of the nature of
the operations of the business or
undertaking of the person conducting the
business or undertaking and generally of
the hazards and risks associated with
those operations; and
(c) to ensure that the person conducting the
business or undertaking has available for
use, and uses, appropriate resources and
processes to eliminate or minimise risks to
health and safety from work carried out as
part of the conduct of the business or
undertaking; and
(d) to ensure that the person conducting the
business or undertaking has appropriate
processes for receiving and considering
information regarding incidents, hazards
and risks and responding in a timely way
to that information; and
(e) to ensure that the person conducting the
business or undertaking has, and
implements, processes for complying with
any duty or obligation of the person
conducting the business or undertaking
under this Act; and
(f) to verify the provision and use of the
resources and processes mentioned in
paragraphs (c) to (e).
Date/Timeframe
Accountability1
reviewed at least criteria (HHSs,
every 3 years and Council of the
provide evidence QIMR, HQCC)
of the review to QCOMP
Supporting documents
Act to establish a workers’ compensation scheme for Queensland, and for other
purposes.
Workers’ Compensation and Rehabilitation Regulation 2003 (WCRR):
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WorkersCompR03.pdf)
Q-COMP (the Workers’ Compensation Regulatory Authority):
(http://www.qcomp.com.au/)
All agencies
Information sheet: health statutory agencies – key compliance requirements
Work Health and Safety Act 2011 (WHSA):
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WorkHSA11.pdf)
Note: The WHS Act provides a framework to protect the health, safety and welfare of all
workers at work and of all other people who might be affected by the work. Nationally
uniform laws ensure all workers in Australia have the same standard of health and
safety protection, regardless of the work they do or where they work.
Work Health and Safety Regulation 2011 (WHSR):
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WorkHSR11.pdf)
Work Health and Safety (Codes of Practice) Notice 2011:
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/W/WorkHSCPN11.pdf)
Workplace Health and Safety Queensland (Department of Justice and AttorneyGeneral): (http://www.deir.qld.gov.au/workplace/index.htm)
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Mandatory requirements
Reference
Date/Timeframe
Accountability1
Supporting documents
All agencies
Fire and Rescue Service Act 1990 (FRSA):
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/F/FireARescSeA90.pdf)
Note: The Act establishes the Queensland Fire and Rescue Service and provides for
the prevention of and response to fires and certain other incidents endangering persons,
property or the environment and related purposes.
s28 refers to duties of workers & s28 duties of
other persons at the workplace.
The occupier of a building is obliged to: maintain Part 9
means of escape from the building, prescribed Division 2
fire safety installations, and a fire and
FRSA, BFSR
evacuation plan; and provide instruction to
persons in the building concerning the action to
be taken by them in the event of a fire
threatening the building; etc.
Fire and Rescue Service Regulation 2011 (FRSR):
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/F/FireRescueR11.pdf)
The Building Fire Safety Regulation includes
provisions relating to keeping evacuation routes
free from obstacles; occupancy limits for
buildings; meaning of specific terms (e.g.
evacuation route, common area); etc.
The obligation of an employer includes –
s30, Division
(a) ensuring that all electrical equipment used 3 ESA
in the conduct of the person’s business or
undertaking is electrically safe; and
(b) if the person’s business or undertaking
includes the performance of electrical
work, ensuring the electrical safety of all
persons and property likely to be affected
by the electrical work; and
(c) if the person’s business or undertaking
includes the performance of work, whether
or not electrical work, involving contact
with, or being near to, exposed parts,
ensuring persons performing the work are
electrically safe.
Building Fire Safety Regulation 2008 (BFSR):
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/B/BuildgFireSR08.pdf)
Queensland Fire and Rescue Service: (https://www.fire.qld.gov.au/default.asp)
All agencies
Electrical Safety Act 2002 (ESA):
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/ElectricalSA02.pdf)
(An Act about electrical safety, and for other purposes.)
Electrical Safety Regulation 2013:
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/ElectricalSR13.pdf ) note:
commenced on 1 January 2014 and replaces the 2002 Regulation.
Electrical Safety (Codes of Practice) Notice 2013:
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/E/ElectricalSN13.pdf)
Queensland Government Electrical Safety Office: (http://www.justice.qld.gov.au/fairand-safe-work/electrical-safety)
Regulations, ministerial notices and codes of
practice may prescribe the way to discharge a
person’s electrical safety obligations.
The BA requires that buildings be constructed in BA
accordance with the Building Code of Australia
and, where Queensland-specific provisions are
necessary, the Queensland Development Code.
The Act also contains specific compliance
requirements, for example, in relation to fire
safety for residential care buildings built,
approved or applied for before 1 June 2007
(Chapter 7A), and swimming pool safety
(Chapter 8).
All agencies
Information sheet: health statutory agencies – key compliance requirements
Building Act 1975 (BA):
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/B/BuildA75.pdf)
Note: The Building Act governs all building work in Queensland and empowers the
regulation of certain aspects of buildings and structures.
Building Regulation 2006:
(https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/B/BuildgR06.pdf)
Queensland Development Code:
(http://www.hpw.qld.gov.au/construction/BuildingPlumbing/Building/BuildingLawsCodes/
QueenslandDevelopmentCode/Pages/default.aspx)
- 15 -
Mandatory requirements
Reference
Date/Timeframe
Accountability1
Supporting documents
Australian Building Codes Board – About the national Construction Code:
(http://www.abcb.gov.au/about-the-national-construction-code)
Other Legislation
Health statutory agencies may have additional responsibilities and obligations placed upon them by a number of pieces of other State legislation
(https://www.legislation.qld.gov.au/OQPChome.htm) and Commonwealth legislation (http://www.comlaw.gov.au/), for example:
Affirmative Action (Equal Employment Opportunity for Women) Act 1986 (Cth)
Anti-Discrimination Act 1991
Commission for Children and Young People and Child Guardian Act 2000
Copyright Act 1968 (Cth)
Coroners Act 2003
Criminal Code Act 1899
Disability Discrimination Act 1992 (Cth)
Disability Services Act 1986 (Cth)
Disaster Management Act 2003
Environmental Protection Act 1994
Environmental Protection Regulation 2008
Environmental Protection (Waste Management) Regulation 2000
Human Rights and Equal Opportunity Commission Act 1986 (Cth)
Income Tax Assessment Act 1936 (Cth)
Industrial Relations Act 1999
Industrial Relations (Tribunal) Rules 2011
Judicial Review Act 1991
Ombudsman Act 2001
Police Powers and Responsibilities Act 2000
Privacy Act 1988 (Cth)
Sex Discrimination Act 1984 (Cth)
State Penalties Enforcement Act 1999
State Penalties Enforcement Regulation 2000
Statutory Authorities (Superannuation Arrangements) Act 1994
Superannuation Guarantee (Administration) Act 1992 (Cth)
Waste Reduction and Recycling Act 2011
Waste Reduction and Recycling Regulation 2011
Water Supply (Safety and Reliability) Act 2008
Whole of Government Policy
Comply with the QPP.
QPP
Statutory body
All agency employees are required to be aware
of, and comply with, this policy. Accountable
officers are responsible for ensuring the QPP is
followed within their agencies; and managers
and supervisors are responsible for ensuring
that employees are aware of, and comply with,
it.
Queensland Procurement Policy (QPP) July 2013:
(http://www.hpw.qld.gov.au/supplydisposal/governmentprocurement/ProcurementPolicy
Guidance/StateProcurementPolicy/Pages/Default.aspx)
Note: The QPP is the government’s overarching policy for the procurement of goods
and services, including construction. Its purpose is to deliver excellence in procurement
outcomes for Queenslanders.
Cabinet has mandated this Policy for application to budget sector agencies, statutory
bodies and Special Purpose Vehicles. These entities are collectively referred to as
‘agencies’ within this Policy.
Procurement/Purchasing Requirements (OHSA fact sheet):
(http://www.health.qld.gov.au/ohsa/docs/procurement-info-sheet-v2.pdf)
Financial and Performance Management Standard 2009 Requirements (OHSA fact
sheet): (http://www.health.qld.gov.au/ohsa/docs/fpms-requirements-v2.pdf)
Implementation of the mandatory principles of
QGEA
the Information Standards is mandated as a key
whole-of-Government ICT planning
requirement.
Specific Acts and regulations are referenced
within each Information Standard.
n/a
(reporting focuses
on core
departments)
IS31 & IS40 – all
agencies
IS18 – statutory
body
IS26– agencies
with public facing
internet sites
within gov.au and
Information sheet: health statutory agencies – key compliance requirements
Queensland Government Enterprise Architecture (QGEA):
(http://www.qgcio.qld.gov.au/products/about-the-qgea)
Note: QGEA is the collection of ICT policies and associated documents that guide
agency ICT initiatives and investments to improve the compatibility and costeffectiveness of ICT across government. The framework unites ICT strategy, ICT policy,
Information Standards and enterprise architecture across the Queensland Government.
- 16 -
Mandatory requirements
Reference
Date/Timeframe
For more information please see the QGEA
guideline on the authority and applicability of the
QGEA.
Accountability1
Supporting documents
edu.au domains
e.g. MHRT
Guideline to the Authority and Applicability of the QGEA:
(http://www.qgcio.qld.gov.au/products/about-the-qgea/547-qgea/products/qgeadocuments/business/2353-qgea-guideline-to-the-authority-and-applicability-of-the-qgea)
Note: in order to determine the applicability of QGEA policies to an individual agency, it
needs to be determined whether or not an agency is captured or exempted under the
particular legislation underpinning QGEA policies. For example, Information Standard
18 – Information Security supports the FPMS 2009 and as such applies to all
accountable officers and statutory bodies as defined in the FAA.
Current Information Standards: (http://www.qgcio.qld.gov.au/products/qgeadocuments)
Publication of Gifts and Benefits Register
Executives and persons paid remuneration
equivalent to a senior executive service level or
above, including statutory office holders, to
provide, on an annual basis, a Declaration of
Interests to the relevant Chief Executive or in
the case of a statutory head, to the appropriate
Minister and/or Parliamentary Committee and
the Integrity Commissioner.
The declaration must include information
required under the directive, including revisions
to existing Declaration of Interests.
PSC Directive Quarterly (within
No. 22/09
10 calendar days
of the end of the
quarter)
Public service
agencies (HHSs,
HQCC, MHRT)
Public Service Commission Directive No. 22/09:
(http://www.psc.qld.gov.au/library/document/directive/2009/2009-22-gifts-benefits.pdf)
PSC Policy
Annually
‘Declaration of
Interests –
Senior
Executive
Service and
Equivalent
Employees
including
Statutory
Office
Holders’
All agencies
PSC Policy ‘Declaration of Interests – Senior Executive Service and Equivalent
Employees including Statutory Office Holders’:
(http://www.psc.qld.gov.au/publications/subject-specific-publications/assets/sesdeclaration-of-interests_NEW.pdf)
Crime and Misconduct Commission (CMC) information on receiving gifts and benefits:
(http://www.cmc.qld.gov.au/topics/misconduct/misconduct-prevention/major-riskareas/gifts-and-benefits/gifts-and-benefits)
Declaration of Interests Forms and FAQs:
(http://www.psc.qld.gov.au/publications/subject-specific-publications/ceo-sesresources.aspx)
Queensland Integrity Commissioner Website:
(http://www.integrity.qld.gov.au/page/about-us/index.shtml)
The policy requires full disclosure of any
interests that may have a bearing, or be
perceived to have a bearing, on the individual’s
ability to properly and impartially discharge the
duties of their office.
Contribute to the development of Queensland
Health's State Budget Papers - Service Delivery
Statements and Regional Budget Statements.
Annually
HHSs, HQCC,
MHRT, QMHC,
QIMR (BP3 only)
Queensland Health Budget Papers are coordinated by the State and Commonwealth
Funding Unit (SCFU) within System Policy and Performance Division.
[insert who is
accountable for
compliance with
the direction e.g.
Chief Executive
[insert link to direction]
Contact SCFU via email: State_Budget_Process@health.qld.gov.au
Ministerial Directions to [insert agency name]
[insert details of what the direction requires]
[insert – note: an
[insert
agency is usually
direction
title/reference] required to report
on any Ministerial
directions in the
Information sheet: health statutory agencies – key compliance requirements
- 17 -
Mandatory requirements
Reference
Date/Timeframe
Accountability1
agency’s annual
report]
Officer]
Supporting documents
[insert agency name] Policy
[insert details of what the policy mandates]
[insert policy [insert]
name e.g. HR
Policy]
[insert the title/s of [insert link to policy]
who is
accountable for
compliance with
the policy e.g. all
staff]
Information sheet: health statutory agencies – key compliance requirements
- 18 -
Attachment 2: Types of government bodies
Type
Committee/advisory
council
(advisory/consultative)
Description
A Ministerial committee/advisory council is advisory and
consultative in nature, created to give advice on specific
areas of interest.
Health bodies
Radiation Advisory Council (Radiation
Safety Act 1999)
It is not a separate legal entity; it is legally part of a
department or statutory body and subject to departmental
accountability requirements. It is not able to be a trading
body and the Financial Accountability Act 2009 (FA Act)
and Statutory Bodies Financial Arrangements Act 1982
(SBFA Act) will apply in the same manner as to its parent
entity (e.g. Department).
Statutory authority
(provides independent
oversight of certain
functions)
A statutory authority is a separate legal entity created
under enabling legislation to provide independent
oversight of certain functions.
Although it is a separate legal entity, for financial
accountability purposes, it is treated as part of its
administering agency.
Typically, the administering agency will be a department,
although in rare cases it may be a statutory body.
Statutory body
(provides flexible and
independent oversight
and control funds)
A statutory body is a separate legal entity created under
enabling legislation to provide flexibility and
independence, and to control its own funds.
It is able to act as a trading body. The FA Act and SBFA
Act apply.
Mental Health Review Tribunal (Mental
Health Act 2000 (MHA))
Mental Health Court Registry (MHA)
Professional Conduct Review Panels of
Assessors (Health Practitioners
(Disciplinary Proceedings) Act 1999)
Hospital and Health Services (Hospital
and Health Boards Act 2011)
Hospital Foundations (Hospitals
Foundations Act 1982)
Office of the Health Quality and
Complaints Commission (Health Quality
and Complaints Commission Act 2006)
Council of the Queensland Institute of
Medical Research (Queensland Institute
of Medical Research Act 1945)
Queensland Mental Health Commission
(Queensland Mental Health
Commission Act 2013)
Information sheet: health statutory agencies – key compliance requirements
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