Forensic Science Queensland Act 2024

This Act may be cited as the Forensic Science Queensland Act 2024.

This Act commences on a day to be fixed by proclamation.

The main purpose of this Act is to ensure high quality, reliable and impartial forensic services for the administration of criminal justice in Queensland.

The purpose is primarily achieved by—

establishing the Director of Forensic Science Queensland to lead the provision of forensic services; and

establishing the Forensic Science Queensland Advisory Council to give advice and make recommendations about particular matters.

This Act binds all persons, including the State.

The dictionary in schedule 1 defines particular words used in this Act.

A reference in this Act to the administration of criminal justice includes a reference to the investigation by a coroner, under the Coroners Act 2003, of the death of a person.

There must be a Director of Forensic Science Queensland.

The director is appointed by the Governor in Council on the recommendation of the Minister.

The Minister may recommend a person for appointment only if satisfied the person is appropriately qualified to perform the functions of the director.

However, a person must not be appointed as the director if the person—

has a conviction, other than a spent conviction, for an indictable offence; or

is an insolvent under administration.

The director is appointed under this Act and not under the Public Sector Act 2022.

The director is appointed for the term, of not more than 5 years, stated in the director’s instrument of appointment.

The director may be reappointed.

The director is to be paid the remuneration and allowances decided by the Governor in Council on the recommendation of the Minister.

The director holds office on the terms and conditions decided by the Governor in Council to the extent the terms and conditions are not provided for by this Act.

The office of the director becomes vacant if the director—

completes a term of office and is not reappointed; or

resigns from office by signed notice given to the Minister at least 1 month before the resignation is to have effect; or

is convicted of an indictable offence; or

is an insolvent under administration; or

is removed from office by the Governor in Council under subsection (3).

Also, if the director is suspended by the Minister under subsection (5), the office is vacant during the period of suspension.

The Governor in Council may, at any time, remove the director from office on the recommendation of the Minister.

The Minister may recommend the removal of the director for any reason or none.

The Minister may, for any reason or none, suspend the director for not more than 6 months by signed notice given to the director.

This section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954, section 25.

This section applies to a person who—

is appointed as the director; and

during the term of the person’s appointment, becomes an insolvent under administration.

The person must, unless the person has a reasonable excuse, immediately give written notice of the insolvency to the Minister.Maximum penalty—100 penalty units.

This section applies if—

there is a vacancy in the office of the director; or

the director is absent from duty or otherwise unable to perform the director’s functions.

The Minister may appoint a person to act as the director for a period of not more than 6 months.

A person can not be appointed to act as the director unless the Minister could recommend the person for appointment as director under section 7.

A person appointed to act as the director may be appointed to act as the director for a further period—

if the appointment is continuous on 1 or more of the person’s previous appointments as acting director and the total period of continuous appointments is not more than 6 months—by the Minister; or

otherwise—by the Governor in Council.

This section does not limit the Governor in Council’s power under the Acts Interpretation Act 1954, section 25(1)(b)(iv) or (v).