Australian Capital Territory
Health Promotion Act 1995
A1995-43
Republication No 1 (RI)
Effective:  28 February 1999 – 30 June 2000
Republication date of printed version: 28 February 1999
Reissued electronically: 12 January 2011
Last amendment made by A1998-18
(republication for amendments by 
A1998-10 and A1998-18)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Health Promotion Act 1995 effective 28 February 1999 to 30 June 2000.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation (Republication) Act 1996, part 3, division 2 authorised the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation (Republication) Act 1996, s 14 and s 16).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  

Australian Capital Territory

health promotion act 1995
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Reprinted as at 28 February 1999
TABLE OF PROVISIONS
Section
PART 1—PRELIMINARY
	1.	Short title
	2.	Commencement
	3.	Interpretation
PART 2—ACT HEALTH PROMOTION BOARD
Division 1—Establishment, functions and powers
	4.	Establishment
	5.	Functions
	6.	Powers
	7.	Ministerial directions
Division 2—Membership
	8.	Membership
	9.	Public servant member
	10.	Appointment of other members
	11.	Remuneration and allowances
	12.	Leave of absence
	13.	Resignation
	14.	Termination of appointment

	15.	Acting appointments
Division 3—Staff and consultants
	16.	Staff
	17.	Consultants
Division 4—Procedure
	18.	Meeting procedure
	19.	Committees
	20.	Disclosures of interest—Board members
	21.	Disclosures of interest—committee members
Division 5—Confidentiality
	22.	Confidential information
PART 3—FINANCES
	23.	Income
	24.	Transfers to the Board
	24A.	Amount transferable by virtue of paragraph 24 (2) (a)
	25.	Expenditure
	26.	Strategic plans
	27.	Revised strategic plans
PART 4—GENERAL
	29.	Immunity from suit
	30.	Annual report
	31.	Regulations

Australian Capital Territory

health promotion act 1995
An Act to establish a Board for the promotion of health, and for related purposes
part 1—Preliminary
1. 	Short title
	This Act may be cited as the Health Promotion Act 1995.1
2. 	Commencement
	This Act commences on the day on which it is notified in the Gazette.
3. 	Interpretation
	In this Act, unless the contrary intention appears—
“Board” means the ACT Health Promotion Board;
“Chairperson” means—
	(a)	the Chairperson of the Board; or
	(b)	if the Chairperson of the Board is absent from duty—the Deputy Chairperson of the Board;
“committee” means a committee or working group appointed by the Board;

“tobacco franchise fees” means the fees paid to the Territory under section 28 of the Tobacco Licensing Act 1984.
part 2—ACT Health promotion board
Division 1—Establishment, functions and powers
4. 	Establishment
(1) 	The ACT Health Promotion Board is established by this Act.
(2) 	The Board—
	(a)	is a body corporate with perpetual succession;
	(b)	shall have a common seal;
	(c)	may sue and be sued in its corporate name; and
	(d)	is an agency of the Crown.
(3) 	The common seal of the Board—
	(a)	shall be kept in such custody as the Board directs; and
	(b)	shall only be used as authorised by the Board.
5. 	Functions
	The functions of the Board are as follows:
	(a)	the funding of activities related to the promotion of good health, safety and the prevention or early detection of disease;
	(b)	the promotion of good health in the community through the sponsorship of sports, recreation and arts activities, and cultural activities generally;
	(c)	the encouragement of healthy lifestyles and the support of activities involving participation in healthy pursuits;
	(d)	the promotion of the community capacity to support its own good health, through self-supporting activities;
	(e)	the promotion of good health through intersectoral collaboration;
	(f)	the performance of any other functions conferred by this or any other law of the Territory;
	(g)	the funding of research and development activities in support of the functions referred to in paragraphs (a) to (f) (inclusive).

6. 	Powers
(1) 	The Board has power to do all things necessary or convenient to be done in relation to the performance of its functions.
(2) 	Without limiting the generality of subsection (1), the Board may, in order to perform its functions—
	(a)	make grants;
	(b)	enter into contracts;
	(c)	produce and market goods and services;
	(d)	acquire, deal with and dispose of real and personal property;
	(e)	appoint funding committees, chaired by members of the Board, to furnish advice to the Board about applications for funding;
	(f)	appoint other committees and working groups to assist the Board; and
	(g)	do anything else incidental to that performance.
(3) 	The Board may, by writing under its common seal, delegate any of its powers to a member of the Board or to a public servant.
7. 	Ministerial directions
(1) 	The Minister may give written directions to the Board in relation to the performance of its functions, either generally or in relation to a particular matter.
(2) 	The Board shall give effect to any direction under subsection (1).
(3) 	A direction under subsection (1) shall be laid before the Legislative Assembly within 15 sitting days after it is given.
Division 2—Membership
8. 	Membership
(1) 	The Board shall have 9 members, as follows:
	(a)	a Chairperson;
	(b)	a member with expertise in business or accountancy;
	(c)	a member with expertise in media or communications;
	(d)	a member with expertise in employee relations or occupational health and safety;
	(e)	a member with expertise in community health;
	(f)	a member with expertise in environmental health;
	(g)	a member with expertise in sport or recreation;
	(h)	a member with expertise in the arts or culture generally;
	(j)	a public servant member. 
(2) 	The Minister shall, by instrument, appoint a Deputy Chairperson from among the members of the Board.
9. 	Public servant member
(1) 	The Chief Executive shall maintain an office in the Government Service the duties of which include performing the functions of the office of the public servant member of the Board.
(2) 	The public servant member of the Board shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (1).
(3) 	The remaining provisions of this Division do not apply to the public servant member of the Board.  
10. 	Appointment of other members
(1) 	The Minister shall appoint the members of the Board by instrument as part-time members for a period of 3 years.
(2) 	The members of the Board are eligible for reappointment.
(3) 	In appointing members, the Minister shall consider the following matters:
	(a)	the candidate’s ability to contribute to policy development and decisionmaking in relation to all the Board’s activities;
	(b)	the candidate’s ability to carry out his or her duties as a Board member;
	(c)	in the case of a membership position referred to in paragraphs 8 (1) (b) to (h) (inclusive)—the range and depth of knowledge, experience and commitment of the candidate in the relevant field of expertise.
11. 	Remuneration and allowances
(1) 	A member of the Board shall be paid such remuneration and allowances for attending meetings of the Board as are prescribed by regulation.
(2) 	Subsection (1) does not apply to the remuneration of a member of the Board for attending Board meetings if there is a subsisting determination of the Remuneration Tribunal relating to that remuneration.
(3) 	Subsection (1) does not apply to an allowance to be paid to a member of the Board in relation to his or her attendance at Board meetings if there is a subsisting determination of the Remuneration Tribunal relating to an allowance of that kind.
12. 	Leave of absence
	The Board may grant leave of absence to any member of the Board on such conditions as the Board determines.
13. 	Resignation
	A member of the Board may resign office by writing signed by the member and delivered to the Minister.
14. 	Termination of appointment
	The Minister shall terminate the appointment of a member of the Board in any of the following circumstances:
	(a)	the member becomes physically or mentally incapable;
	(b)	the member—
	(i)	becomes bankrupt;
	(ii)	applies to take the benefit of any law for the relief of bankrupt or insolvent debtors;
	(iii)	compounds with his or her creditors; or
	(iv)	makes an assignment of his or her remuneration for the benefit of the member’s creditors;
	(c)	the member is absent from duty, except on leave granted under section 12, for 3 consecutive meetings of the Board;
	(d)	the member fails, without reasonable excuse, to comply with section 20 or 22;
	(e)	the member is convicted in Australia or elsewhere of an offence punishable by imprisonment for 1 year or longer.
15. 	Acting appointments
(1) 	The Minister may, in writing, appoint a suitable person to act as a member of the Board—
	(a)	during a vacancy in the office of the member, whether or not an appointment has previously been made to that office; or
	(b)	during any period, or during all periods, when the member is for any reason unable to perform the functions of the office.
(2) 	A person appointed to act as a member of the Board during a vacancy in the office of the member shall not so act continuously for more than 12 months.
(3) 	Anything done by or in relation to a person purporting to act pursuant to an appointment under subsection (1) is not invalid on the ground that—
	(a)	the appointment was ineffective or had ceased to have effect; or
	(b)	the occasion to act had not arisen or had ceased.
(4) 	In this section—
“suitable person”, in relation to a member of the Board, means a person who would, in the opinion of the Minister, be suitable in consideration of the matters referred to in subsection 10 (3) for appointment to the office of the member if that office were to become permanently vacant.
Division 3—Staff and consultants
16. 	Staff
(1) 	The staff of the Board shall be employed under the Public Sector Management Act 1994.
(2) 	The Public Sector Management Act 1994 applies in relation to the management of the staff of the Board.
17. 	Consultants
(1) 	The Board may engage consultants for the purposes of this Act.
(2) 	Consultants shall be engaged on terms and conditions determined from time to time by the Board.
(3) 	Nothing in this section is to be read as conferring on the Board a power to enter into a contract of employment.
Division 4—Procedure
18. 	Meeting procedure
(1) 	Meetings of the Board shall be convened by the Chairperson—
	(a)	at times and dates decided by the Board; or
	(b)	in accordance with any written direction from the Minister.
(2) 	An agenda for a meeting shall be given to each member of the Board at least 7 days before the meeting, where possible.
(3) 	The Chairperson shall preside at meetings of the Board.
(4) 	A quorum is constituted by 5 members of the Board.
(5) 	Board meetings are not open to the public unless the Board determines otherwise.
(6) 	Decisions of the Board shall be made by majority vote, and in the event of an equality of votes, the Chairperson has a casting vote.
(7) 	Written minutes shall be kept of Board meetings.
(8) 	In all other matters, the procedure of Board meetings shall be as determined by the Board.
19. 	Committees
	The procedures to be followed by a committee shall be determined by the committee, subject to any direction of the Board.
20. 	Disclosures of interest—Board members
(1) 	A member of the Board who has a direct or indirect pecuniary or personal interest in a matter which has been submitted for consideration by the Board shall disclose the nature of the interest at a meeting of the Board as soon as practicable after the relevant facts have come to the member’s knowledge.
(2) 	A disclosure of interest shall be recorded in the minutes of the meeting.
(3) 	A member disclosing an interest shall not, unless the Minister or the Board determines otherwise—
	(a)	be present during any deliberation of the Board with respect to the relevant matter; or
	(b)	take part in any decision of the Board with respect to that matter.
(4) 	A member disclosing an interest shall not—
	(a)	be present during any deliberation of the Board with respect to a determination referred to in subsection (3); or
	(b)	take part in any decision of the Board with respect to such a determination.
(5) 	The Chairperson shall give a written report to the Minister about any determination of the Board under subsection (3) specifying the nature of the interest disclosed and the reasons for the determination.
21. 	Disclosures of interest—committee members
(1) 	A member of a committee who has a direct or indirect pecuniary or personal interest in a matter which has been submitted for consideration by the committee shall disclose the nature of the interest at a meeting of the committee as soon as practicable after the relevant facts have come to the member’s knowledge.
(2) 	A disclosure of interest shall be recorded in the minutes of the meeting.
(3) 	A member of a committee disclosing an interest shall not, unless the Chairperson of the Board or the committee determines otherwise—
	(a)	be present during any deliberation of the committee with respect to the relevant matter; or
	(b)	take part in any decision of the committee with respect to that matter.
(4) 	A member of a committee disclosing an interest shall not—
	(a)	be present during any deliberation of the committee with respect to a determination referred to in subsection (3); or
	(b)	take part in any decision of the committee with respect to such a determination.
(5) 	The chairperson of a committee shall give a written report to the 
Board about any determination of the Chairperson or the committee under subsection (3) specifying the nature of the interest disclosed and the reasons for the determination.
Division 5—Confidentiality
22. 	Confidential information
(1) 	A member of the Board, a member of a committee, a member of the staff of the Board or a consultant engaged by the Board shall not knowingly disclose any information given in confidence to which he or she has had access in the course of assisting the Board in the performance of its functions, except where this section does not apply by virtue of 
subsection (2).
Penalty:  50 penalty units or imprisonment for 6 months, or both.
(2) 	Subsection (1) does not apply where the information is disclosed—
	(a)	with the consent of the person who gave the information;
	(b)	in the course of assisting the Board in the performance of its functions; or
	(c)	for the purposes of any legal proceedings arising out of the performance of the Board’s functions.  
part 3—finances
23. 	Income
	The income of the Board is to consist of—
	(a)	the establishment amount transferred to the Board under subsection 24 (1);
	(b)	the amount transferred to the Board annually under subsection
24 (2);
	(c)	income derived by the Board, and money recovered by the Board, in the performance of its functions; and
	(d)	income derived from investments.
24. 	Transfers to the Board
(1) 	The Territory shall transfer to the Board the amount appropriated for the purpose of this subsection determined by the Minister as the establishment amount.
(2) 	The Territory shall transfer to the Board in each financial year an amount equal to the sum of the following amounts:
	(a)	the amount that, under section 24A, is the applicable amount for the financial year;
	(b)	any additional amount determined by the Minister by instrument.
(3)  A determination under subsection (1) or paragraph (2) (b) shall be laid before the Legislative Assembly within 15 sitting days after it is made.
24A. 	Amount transferable by virtue of paragraph 24 (2) (a)
(1)  	In this section—
“annual CPI number”, in relation to a period of 12 months ending on 31 March, means the sum of the index numbers, each of which is published by the Australian Statistician in respect of a quarter in the period;
“index number” means an All Groups Consumer Price Index number, being the weighted average of the 8 Australian capital cities, published by the Australian Statistician in respect of a quarter.
(2)  	Subject to this section, the applicable amount for a financial year is the amount worked out as follows:
	(a)	for the financial year commencing on 1 July 1998—the amount of $2,149,000;
	(b)	for a later financial year—the amount transferred by virtue of paragraph 24 (2) (a) in respect of the preceding financial year.
(3)  	Subsection (4) applies in respect of a financial year if the annual CPI number for the period of 12 months ending on 31 March in the calendar year in which the financial year commences is greater than the annual CPI number for the period of 12 months ending on 31 March in the preceding calendar year.
(4)  	If this subsection applies in respect of a financial year—
	(a)	subsection (2) does not apply in respect of the financial year; and
	(b)	the amount transferable by virtue of paragraph 24 (2) (a) in respect of the financial year is the amount worked out in accordance with the following formula:
A x (B  C);
where—
	A	is the amount that would have been transferable by virtue of paragraph 24 (2) (a) in respect of the financial year if subsection (2) had applied, instead of this subsection, in respect of the financial year;
	B	is the annual CPI number for the period of 12 months ending on 31 March in the calendar year in which the financial year commences; and
	C	is the annual CPI number for the period of 12 months ending on 31 March in the preceding calendar year.
(5)  	For the purposes of the formula in subsection (4)—
	(a)	the factor obtained from the component “B  C” shall be calculated to 3 decimal places; and
	(b)	the product shall be calculated to the nearest whole dollar.
(6)  	Subject to subsection (7), if at any time, whether before or after the commencement of this Act, the Australian Statistician has published or publishes an index number in respect of an index year in substitution for an index number previously published in respect of the same index year, the publication of the later index number shall be disregarded for the purposes of this section.
(7)  	If at any time, whether before or after the commencement of this Act, the Australian Statistician has changed or changes the reference base for the Consumer Price Index, then, for the purposes of the application of this section after the change, regard shall be had only to the index number published in terms of the new reference base.
25. 	Expenditure
(1) 	The income of the Board shall be applied in the performance of the functions of the Board.
(2) 	Without limiting the generality of subsection (1), the income of the Board shall be applied towards payment of the following administrative costs:
	(a)	the remuneration and allowances of members of the Board, together with any associated administrative costs;
	(b)	payments to the Territory of amounts equal to the salary and wages of the staff of the Board, together with any associated administrative costs;
	(c)	payments to consultants engaged by the Board;
	(d)	all other administrative overheads incurred in the performance of the functions of the Board.
26. 	Strategic plans
(1) 	The Board shall submit to the Minister a strategic plan for a period of 3 years including—
	(a)	a statement of management objectives;
	(b)	a statement of campaign priorities;
	(c)	a statement of operational policies;
	(d)	a statement of performance indicators; and
	(e)	a budget.
(2) 	Before the end of the period of each strategic plan under subsection (1), the Board shall submit a further strategic plan under that subsection.
(3) 	The Minister may vary a strategic plan submitted under subsection (1) in consultation with the Chairperson.
(4) 	The Minister may, by notice in writing to the Board, approve a strategic plan subject to any variation under subsection (3).
(5) 	The Board shall comply with a strategic plan approved by the Minister, subject to any revised strategic plan approved under subsection
27 (3). 
(6) 	An approval under subsection (4) shall be laid before the Legislative Assembly, together with the strategic plan, within 15 sitting days after the date of notice to the Board.
27. 	Revised strategic plans
(1) 	At any time during the period of a strategic plan approved under subsection 26 (4), the Board may submit to the Minister a revised strategic plan for the remainder of the period.
(2) 	The Minister may vary a revised strategic plan submitted under subsection (1), in consultation with the Chairperson.
(3) 	The Minister may, by notice in writing to the Board, approve a revised strategic plan subject to any variation under subsection (2).
(4) 	The Board shall comply with a revised strategic plan approved by the Minister.
(5) 	An approval under subsection (3) shall be laid before the Legislative Assembly, together with the revised strategic plan, within 15 sitting days after the date of notice to the Board.
part 4—general
29. 	Immunity from suit
(1) 	No action, suit or proceeding lies against a person who is or has been—
	(a)	a member of the Board;
	(b)	a member of a committee;
	(c)	a member of the staff of the Board; or
	(d)	a consultant engaged by the Board;
in relation to an act done or omitted to be done in good faith in the exercise or purported exercise of a power under this Act, or the performance or purported performance of a duty or function under this Act.
(2) 	Subsection (1) does not affect any liability that the Territory would, but for that subsection, have in respect of an act or omission referred to in that subsection.
30. 	Annual report
 	The report prepared by the Board for the purposes of section 8 of the Annual Reports (Government Agencies) Act 1995 shall include, in relation to the reporting period—
	(a)	a copy of any direction given by the Minister under section 7 of this Act during the period;
	(b)	a statement by the Board about action taken during the period to give effect to any direction given by the Minister under section 7 of this Act;
	(c)	a copy of any determination made by the Minister under section 24 of this Act during the period; and
	(d)	a copy of any strategic plan, and any revised strategic plan, approved by the Minister under section 26 or 27 of this Act during the period.
31. 	Regulations
	The Executive may make regulations for the purposes of this Act.

NOTES
1.	The Health Promotion Act 1995 as shown in this reprint comprises Act
No. 43, 1995 amended as indicated in the Tables below.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Health Promotion Act 1995	43, 1995	7 Nov 1995	7 Nov 1995		
Health Promotion (Amendment) Act 1997	15, 1997	29 May 1997	Ss. 1-3 and 6:  29 May 1997
Remainder:  1 July 1997	—	
Health Promotion (Amendment) Act 1998	10, 1998	10 June 1998	Ss. 1–3:  10 June 1998
Remainder:  1 July 1998	—	
Tobacco Licensing (Amendment) Act 1998
	18, 1998	10 July 1998	10 July 1998 (see s. 2)	—	

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 3	am. No. 18, 1998
S. 23	am. No. 15, 1997
S. 24	am. No. 15, 1997; No. 10, 1998
S. 24A	ad. No. 10, 1998
S. 28	rep. No. 15, 1997

©  Australian Capital Territory 2011