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Governance

AIMS Council

AIMS Council  Prof Erica Techera, Dr Thomas Barlow

AIMS is governed by a Council that reports to the relevant Minister. The CEO is responsible for the day-to-day affairs of the Institute.

Role of Council

The AIMS Council sets AIMS’ key objectives and research strategies and oversees management. The Council advises the Minister and the Department of Industry, Science, Energy and Resources of AIMS’ progress against its research plans. The Minister is also provided with advice on developments of significance, as appropriate.

The PGPA Act requires the AIMS Council, as the accountable authority of AIMS, to comply with the following specific duties:

  • to govern the Commonwealth entity
  • to establish and maintain systems relating to risk and control
  • to encourage cooperation with others
  • in relation to requirements imposed on others
  • to keep the responsible minister and the Finance Minister informed.

Council membership

The AIMS Council consists of a Chairman, AIMS’ CEO, a member nominated by James Cook University, and four other members. The AIMS Act requires that at least three members of the Council have scientific qualifications. All members of the Council, with the exception of the CEO, are non-executive appointments made by the Governor-General on the nomination of the Minister. Appointments can be up to five years and reappointment is permissible. The CEO is appointed by the Council for a period not exceeding five years and is eligible for reappointment.

The Hon. Penelope Wensley AC FAIIA
Council Chairman: 1 January 2015 to 31 March 2022

As a former career diplomat (1968–2008) and Governor of Queensland (2008–2014), Ms Wensley has a distinguished record of public service and extensive experience of government processes and public policy formulation.

She has held many leadership roles, nationally and internationally, and, in addition to her deep knowledge of foreign and trade policy, brings to the AIMS Council particular expertise in strategy development and implementation, communication and negotiation, and community and stakeholder engagement.

In 2001, Ms Wensley was made an Officer of the Order of Australia (AO) for her distinguished contributions to Australia’s international relations and in 2011, a Companion of the Order (AC) for eminent contribution to the people of Queensland and to Australia’s international relations through senior diplomatic representational roles and as a key contributor to initiatives of the United Nations. These senior roles included: Australian Ambassador to the UN, in both Geneva and New York; Ambassador to France; High Commissioner to India and Ambassador for the Environment.

An Arts Honours graduate of the University of Queensland, Ms Wensley holds honorary doctorates from UQ, Griffith University, James Cook University and the Queensland University of Technology. She is a Fellow of the Australian Institute of International Affairs (FAIIA) and an Honorary Fellow of the Environment Institute of Australia and New Zealand (HFEIANZ).

She is a Director of the Lowy Institute, Chairman of the Reef Advisory Committee (advising the Queensland and Australian governments on implementation of the Long-term Sustainability Plan for the GBR (Reef 2050)), and National Patron of Soil Science Australia.

Professor Sandra Harding AO, BSc (Hons), MPubAdmin, PhD, Hon Doc JIU,
FACE, FQA, FAICD, FAIM
Council member: 10 May 2007 to 31 December 2021

Professor Harding is Vice Chancellor and President of James Cook University, represents the University on the AIMS Council and maintains links with the wider education and business sectors.

In 2019, Professor Harding was awarded an Officer of the Order of Australia (AO) for her distinguished service to education at the national and international level, and to the community of Queensland.

A former Chair of Universities Australia and current Chair of the Queensland Vice Chancellor’s Committee, Professor Harding is an economic sociologist with an interest in education and research policy, the global tropics and economic development.

She is a member of a number of boards, including Education Australia Limited, Citizens of the Great Barrier Reef Foundation Board, Townsville Enterprises Limited and Advance Cairns. She is a member of the Committee for Economic Development of Australia Leadership Council.

Dr Paul Hardisty MSc, P.Eng, FIEAust
CEO and Council member: 24 July 2017 to 23 July 2022

Dr Hardisty, a recognised thought leader and sought-after speaker in his field, was appointed CEO of AIMS in July 2017.

An engineer who has worked extensively in marine and coastal environments and marine research projects, he is experienced in both the public and private sectors.

Dr Hardisty co-founded international environmental consultancy Komex Environmental Ltd, which he developed from a start-up to a $50 million-a-year company with 1000 employees.

More recently, he was director at CSIRO’s Climate Adaptation Flagship, and business unit director in CSIRO’s Land and Water division.

Dr Hardisty holds a Master in Hydrology, and a Doctorate in Environmental Engineering from Imperial College, London. He is an adjunct Professor at The University of Western Australia.

Ms Anna Matysek, BEcon (Hons), MEnv
Council member: 15 June 2017 to 14 June 2022

Ms Matysek is an experienced economist, and an expert business development and investment strategist. She is a senior executive and independent consultant with a strong background in stakeholder engagement, risk assessment and policy development in the resources, energy and infrastructure sectors.

Ms Matysek has worked with leading global mining companies, utilities, agribusinesses, and government including holding senior positions in Rio Tinto, TransGrid, economics consulting firms, at the Australian Bureau of Agricultural and Resource Economics and the Productivity Commission.

Ms Matysek was a lead author on the Intergovernmental Panel on Climate Change Fourth Assessment Report, and the International Assessment of Agricultural Knowledge, Science and Technology for Development.

Dr Stephen Morton, BSc (Hons), PhD, Doc (Hon. Causa), GAICD
Council member: 16 December 2014 to 15 March 2020

Dr Morton is an Honorary Professorial Fellow with Charles Darwin University, a Doctor of Philosophy in animal ecology, an author, and has published more than 150 scientific articles.

He was formerly chief of CSIRO’s Sustainable Ecosystems and Group Executive for Environment and Natural Resources, for Energy and Environment, and for Manufacturing, Materials and Minerals.

Dr Morton is an independent consultant and sits on councils and scientific advisory panels including the Western Australian Biodiversity Science Institute, and the steering committee for the Threatened Species Recovery Hub, National Environmental Science Program.

Mr Roy Peterson, BCom, FCA, FTI
Council member: 11 December 2014 to 10 March 2020
Independent Chairman of Audit Committee: 11 March 2020 - 31 October 2021, or as agreed with Council

Mr Peterson is Chairman of the AIMS Audit Committee, and a leader in his field.

He is a Chartered Accountant with strong governance and audit committee experience, including internal audit, risk management, process improvement and taxation.

Mr Peterson has chaired the North Queensland Committee for the Australian Institute of Company Directors and was a member of the Taxation Institute National Taxation Liaison Committee.

He is a Fellow of the Institute of Chartered Accountants, and the Taxation Institute of Australia.

Ms Jeanette Roberts BEng (Hons) FIChemE
Council member: 21 June 2018 to 20 June 2023

Ms Roberts is a chemical engineer and a senior executive with more than 35 years’ international experience in the oil and gas industry, including in China, India, Russia, Africa, Europe and the Asia–Pacific.

A director of her own company, Jeanette Roberts Consulting, she has major global merger and acquisitions experience, including divestments, global restructures, risk management and governance.

Ms Roberts has worked on policy development at both state and Commonwealth level, as well as in the research sector, building partnerships and collaboration frameworks, particularly around marine environments and sustainable development.

She has worked for oil and gas operators and service companies both in Australia and internationally.

Dr Thomas Barlow BSc (Hons), DPhil
Council Member: 11 March 2020 to 10 March 2025

Dr Barlow serves as an adviser on knowledge investment, research policy, and analytics to a range of technology-intensive companies, government agencies, and universities globally. He previously served a five year term as an independent member on the Board of the National Computational Infrastructure.

Dr Barlow is the author of three books on science and innovation, and publisher of the Barlow Report, a biennial resource for higher education institutions in Australia and East Asia.

Dr Barlow has previously worked as a weekly columnist for the Financial Times newspaper in London. He has also been the science policy adviser to the Minister for Education, Science and Training in the Australian Government.

Dr Erika Techera LLB (Hons), PG Cert Higher Ed, M Env Law, LLM, PhD, FAAL, GAICD
Council Member: 16 March 2020 – 15 March 2025

Dr Techera has over 25 years’ experience in law, legal practice and academic legal research. She is a specialist in international and comparative environmental law and marine environmental governance with a strong commitment to sustainable development. Dr Techera is a Professor of Law and has held a variety of senior leadership roles in the university sector. She has expertise in strategic leadership, governance and management having led a flagship, multi disciplinary research institute and a University Faculty of Law. She formerly practised as a Barrister in Sydney for over seven years, and was Director of a small litigation support business before that.

Dr Techera has been a member of the Board of Western Australian Maritime Museum Advisory Committee and Western Australian Speedway Commission since mid-2018, and in 2020 joined the Heritage Council of Western Australia.

Dr Techera is a Graduate of the Australian Institute of Company Directors, a Fellow and Director of the Australian Academy of Law, and in 2016 was nationally recognised for excellence being awarded the Lawyers Weekly Australian Law Award, Academic of the Year.

Council attendance

Table 5: Attendance at Council meetings, 2019–20

Attendance

27 Aug 2019

9-10 Sep 2019

26-27 Nov 2019

10-11 Mar 2020

23-24 Jun 2020

The Hon. Penelope Wensley AC

no

yes

yes

yes

yes

Professor Sandra Harding AO

yes

yes

yes

yes

yes

Dr Stephen Morton

yes

yes

yes

yes

n/a

Mr Roy Peterson

yes

yes

yes

yes*

yes**

Ms Anna Matysek

yes

yes

yes

yes

yes

Dr Paul Hardisty

yes

yes

yes

yes

yes

Ms Jeanette Roberts

yes

yes

yes

yes

yes

Dr Thomas Barlow

n/a

n/a

n/a

n/a

yes

Dr Erika Techera

n/a

n/a

n/a

n/a

yes

For remuneration, see Financial Statements, Note 3.2.

* Mr Roy Peterson attended day 2 of this meeting as an observer

** Mr Roy Peterson attended relevant sections of the June 2020 Council meeting in his capacity as Independent Chairman of Audit Committee

Education and performance review processes for Council members

At induction, Council members are provided with a comprehensive set of documents including the PGPA Act, AIMS Act, AIMS Strategy 2025, Corporate Plan, Risk Management Framework and key plans and policies including the Business Continuity Plan, Enterprise Agreement and Fraud Control Plan.

Council members are encouraged to maintain their membership with the Australian Institute of Company Directors. The performance of Council members is reviewed regularly through a self-assessment process and, as required, by external review.

Ethics

Council members are briefed on—and are required to sign—the AIMS Code of Conduct.

Disclosure of interests

Section 29 of the PGPA Act provides for the disclosure of material personal interests in a matter that is being considered by the Council, and prohibits participation, deliberation and decision making by any member on such matters, unless so resolved by the Council or entitled by the Minister. Details of such disclosure are recorded in the minutes of Council meetings. All of these requirements are currently being met.

Audit Committee

The Audit Committee is a formal subcommittee of the Council that meets quarterly. Audit Committee members in 2019–20 were:

  • Mr Roy Peterson (Council member and Committee Chairman)
  • Ms Jeanette Roberts (Council member)
  • Ms Margaret Walker (independent member).

The AIMS CEO, Chief Finance Officer, Chief Operating Officer, Manager Finance, representatives of the Australian National Audit Office, and an internal auditor, attend all meetings or relevant parts of all meetings, by invitation.

In accordance with best practice, all Council members may receive copies of the Audit Committee agenda and meeting minutes and can attend meetings as a right.

The Audit Committee is responsible for providing independent assurance and assistance to Council on:

  • financial reporting
  • performance reporting
  • systems of risk oversight and management
  • systems of internal control
  • internal audit
  • external audit.

Four full meetings of the committee and one extraordinary meeting were held during FY 2019–20. The committee’s charter is available on the AIMS website.

Audit Committee Skills and Experience

Experience and skills of Mr Peterson and Ms Roberts are outlined above.

Ms Margaret Walker (Bcom) – independent member

Margaret has over 20 years experience as a senior finance executive in the financial services industry and in the last 10 years as an executive director for Tactical Global Management (TGM). Her roles at TGM spanned Executive Director responsible for marketing, business development, finance and compliance.

Margaret has strong financial, regulatory and risk management experience and worked at a high strategic level within her previous organisations. She has extensive experience in setting strategy and business planning.

Audit Committee Remuneration

Ms Walker’s remuneration as independent member of Audit Committee in 2019-20 was $10,676. Remuneration for other members of Audit Committee is detailed in note 3.2 to the Financial Statements.

Attendance

Table 6: Audit Committee attendance, 2019–20

Attendance

4 July 2019

8 Aug 2019

5 Nov 2019

3 Mar 2020

2 Jun 2020

Members

Mr Roy Peterson (Committee Chairman)

yes

yes

yes

yes

yes

Ms Jeanette Roberts (Council member)

yes

yes

yes

yes

yes

Ms Margaret Walker (independent member)

yes

yes

yes

yes

yes

Invitees

Dr Paul Hardisty (AIMS CEO)

no

no

yes

yes

yes

Mr Basil Ahyick (AIMS CFO)

yes

yes

yes

yes

yes

Dr John Chappell (AIMS COO)

no

yes

yes

yes

yes

Mr Jason Davidson (AIMS Finance Manager)

yes

yes

yes

yes

yes

Mr Will Fellowes (PricewaterhouseCoopers (PwC) internal auditor)

no

yes

yes

yes

no

Mr John Skilling (PwC internal auditor)

no

yes

yes

yes

yes

Mr Brandon Jarett (ANAO signing officer)

no

yes

no

yes

yes

Mr Benjamin Nicholls (ANAO)

no

yes

yes

yes

yes

Ms Chanelle Pienaar (RSM Australia, ANAO contract auditors)

no

yes

no

no

no

Mr Albert Loots (RSM Australia, ANAO contract auditors)

no

yes

no

no

no

Mr John Zabala (Crowe, ANAO contract auditors)

no

no

no

yes

yes

Ms Cynthia Iafano (Crowe, ANAO contract auditors)

no

no

no

no

yes

Independent professional advice

The Council has the right to obtain, at AIMS’ expense, relevant independent professional advice in connection with the discharge of its responsibilities. It did not seek such advice in 2019–20.

Fraud Control

AIMS remains committed to mitigating incidences of fraud and managing risks. AIMS has developed a Fraud Control Plan using the Commonwealth Fraud Control Framework 2017 and in adherence to s.10 of the PGPA Rule 2014. AIMS reports its fraud data to the Australian Institute of Criminology by 30 September each year.

Financial Reporting

AIMS’ financial statements are prepared in accordance with:

  • Public Governance, Performance and Accountability (Financial Reporting) Rule 2015 (FRR) for the reporting periods ending on or after 1 July 2016
  • Australian Accounting Standards and Interpretations – Reduced Disclosure Requirements issued by the Australian Accounting Standards Board that apply for the reporting period.

The financial statements are accompanied by a signed statement by the Accountable Authority, CEO and CFO, declaring that the statements comply with the accounting standards and any other requirements prescribed by the FRR and present fairly the entity’s financial position, financial performance and cash flows in accordance with s. 42 of the PGPA Act.

There were related entity transactions during 2019–20 (refer to Note 3.3 of the Financial Statements).

Performance Reporting

Section 39 of the PGPA Act requires an annual performance statement to be provided by corporate Commonwealth entities. AIMS’ annual performance statement for 2019–20 can be found in Part 2 of this annual report.

Systems of Risk Oversight and Management

Under s. 17(2) (c) of the PGPA Rule, the Audit Committee is responsible for reviewing the Institute’s risk framework (and monitoring management’s compliance with that framework) and making recommendations to the Council to address any significant issues raised.

System of Internal Audit Control

The Audit Committee’s responsibilities include reviewing the Audit Plan and internal audit reports, and also making recommendations to the Council and management to address any significant issues raised. The committee also reviews whether the internal audit coverage aligns with AIMS’ key risks. The internal audit function was performed by PricewaterhouseCoopers (PwC) during the year. The internal auditor is responsible for independently reviewing risk in accordance with the AIMS Corporate Plan.

External Audit

Under s. 43 of the PGPA Act, the Commonwealth Auditor-General, through the ANAO, is the external auditor for the Institute. The Audit Committee reviewed the ANAO Audit Plan and reported to, and met with, ANAO representatives before recommending to the Council that the annual financial statements be accepted, and the Statement by Council be signed.

Risk Management

AIMS has a comprehensive corporate risk management strategy, which includes processes to identify and assess new risks to AIMS, and to monitor and refine existing risks and control measures.

Operational risk management is established across the Institute, with processes, procedures and systems of work in place to manage workplace health and safety risks that may affect AIMS’ workers. We participate in the annual Comcover risk management benchmarking survey.

Investing and Financing Activities

AIMS invested its surplus money in accordance with s. 59 of the PGPA Act and AIMS’ policy on investments.

Indemnities and Insurance Premiums for Officers

There were no liabilities to any current or former officials of AIMS during the reporting period. No premium was paid (or was agreed to be paid) against a current or former official’s liability for legal costs. AIMS paid premiums for directors’ and officers’ insurances, as required.

Compliance

AIMS conducted its affairs in accordance with the requirements of all applicable laws and regulations, including the PGPA Act and prescribed rules, the applicable policies of the Australian Government, and the internal policies of AIMS. Any government policy orders notified as being applicable to AIMS would be duly complied with (s. 22(3), PGPA Act). There were no policy orders applied to AIMS in 2019-20.

Duty to Inform and Ministerial Notifications

The AIMS Council is required to notify the responsible minister of any significant issue that has affected AIMS (s. 19(1)(e), PGPA Act). There were no significant issues requiring notification to the responsible minister during 2019–20.

Consultancy Services

AIMS engages individuals and companies as external consultants from time to time where it lacks specialist expertise or when independent research, review or assessment is required.

Consultants are engaged to investigate or diagnose a defined issue or problem, carry out defined reviews or evaluations, or provide independent advice, information or creative solutions to assist in AIMS’ decision making.

Decisions to engage consultants take into consideration the skills and resources required for the task, the skills or resources available internally and the cost-effectiveness of these options. Engagement of a consultant is made in accordance with our Procurement Policy and Procedures and other relevant internal policies.

AIMS spent $255,000 (excluding GST) on consultancies during 2019–20.

Public Accountability

Judicial decisions and reviews by administrative tribunals

No judicial decisions relating to AIMS were handed down during the reporting period.

Commonwealth Ombudsman

No reports relating to AIMS were given by the Commonwealth Ombudsman during 2019-20.

Office of the Australian Information Commissioner

No reports relating to AIMS were given by the Australian Information Commissioner during 2019–20.

Parliamentary committees

No reports were produced on the operations of AIMS by a parliamentary committee during 2019–20.

Auditor-General

No reports were produced on the operations of AIMS by the Auditor-General during 2019-20.

Customer Service Charter

AIMS’ customer service charter outlines the standards it commits to regarding management of customer relationships, a copy of which is posted on our website. AIMS actively seek and welcome feedback on our performance against our service standards. The charter and details on how to provide feedback can be found at www.aims.gov.au/docs/about/corporate/service-charter.html

Privacy Act 1988

To ensure the proper management, administration and safety of its officers, employees, visitors, volunteers and contractors, AIMS is required to collect personal, and occasionally sensitive, information. AIMS is committed to the Australian privacy principles contained within the Privacy Act 1988 and has formal processes to manage privacy, as detailed in the AIMS Privacy Policy and Procedures. AIMS has a privacy officer (%20privacy [at] aims.gov.au) who is responsible for ensuring that the Institute’s Privacy Policy and Procedures are adhered to and comply with all applicable statutory requirements.

Freedom of Information (FOI)

Freedom of Information (FOI) requests, reviews, decisions and statements

No requests for documents under the provisions of the Freedom of Information Act 1982 (FOI Act) were received by AIMS during 2019–20.

In addition, no applications were received during 2019–20:

  • for internal review of decisions made under the FOI Act
  • for external review by the Administrative Appeals Tribunal of decisions made under the FOI Act
  • to amend any records under the FOI Act.

FOI Operations

Agencies subject to the FOI Act are required to make information available to the public as part of the Information Publication Scheme (IPS). Under their IPS, each agency must display on its website a plan showing what information it publishes in accordance with the IPS requirements in Part II of the FOI Act.

The documents listed in our IPS Agency Plan are generally freely available to any person requesting them. The availability of other information is subject to assessment, which is made on a case-by-case basis in accordance with the relevant provisions of the FOI Act, as supplemented and explained in the relevant fact sheets, guidelines and other materials published on the website of the Office of the Australian Information Commissioner (OAIC). The grounds for assessment include considerations of commercial confidentiality, legal professional privilege and personal privacy. The FOI Act and the above website explain these, the other unconditional exemptions and the conditional exemptions as contained in the current legislation.

Requests for any such information from AIMS must be made in writing, addressed to the relevant person, and must contain the information set out under ‘How to make an FOI request’ on the above website. The request should be addressed to the FOI contact officer at the address given below. There is no fee payable for the request. However, fees and charges may apply and, if they do, will be set in accordance with Part 4 of the FOI Guidelines, which are available from the OAIC and AIMS websites.

Information Publication Scheme

AIMS continues to undertake actions consistent with compliance requirements under the IPS introduced in May 2011 pursuant to the relevant provisions of the FOI Act. The IPS encourages governments and government agencies to provide open, accountable and transparent information in formats that are easy to understand and freely accessible.

Contact

All enquiries and requests for information, or concerning access to documents or any other matters relating to FOI, should be directed to:

FOI contact officer, Australian Institute of Marine Science
PMB No. 3, Townsville Mail Centre MC, Qld 4810
Telephone: (07) 4753 4444
Facsimile: (07) 4772 5852
Email: FOI [at] aims.gov.au