The University’s Audit and Governance Unit is responsible for the provision of services to the University relating to governance, legal and compliance issues. The Unit was formed in August 2007 to bring together functions of the Secretariat, Legal Office, the audit, risk, contract and insurance responsibilities of the Business Support Unit and the compliance responsibilities of the Director, Quality and Compliance. The primary responsibilities of the unit are:
Audit and Governance Unit
- Governance (Support for Council and the Vice-Chancellor’s Group);
- Coordination and management of the University’s internal audit program;
- Coordination and management of the University’s risk management activities and maintenance of the University’s risk management framework;
- Insurance;
- Coordination of the provision of legal advice and liaison with the University’s external legal advisers;
- Coordination of University matters relating to courts and tribunals and matters before the ACT Ombudsman and the ACT Administrative Appeals Tribunal (and similar bodies);
- Compliance matters – Freedom of Information, copyright and privacy;
- Review and development of contracts, agreements, MOUs etc;
- Review and development of the University’s Statutes and Rules framework;
- Review and liaison with external authorities relating to the University of Canberra Act 1989 (ACT);
- Coordination of the University’s response to the National Governance Protocols; and
- Public interest disclosure.
The leadership team of the Audit and Governance Unit is:
- Gregory Jones – Director, Audit and Governance and Secretary of Council
(Primary responsibilities – Governance; management of legal advice and legal issues; University’s legislative framework; grievances; and compliance – FOI, copyright and privacy)
Contact: 02 – 6201 2051 e-mail: legal@canberra.edu.au Fax: 02 - 6201 5381
- Kimberley Pelly - Manager, Audit, Risk and Contracts
(Primary responsibilities – Audit; risk management; insurance; and contracts)
Contact: 02 – 6201 5193 e-mail: contracts@canberra.edu.au
Legal Advice and Legal Issues
If you require legal advice please contact the Director of the Audit and Governance Unit. Please note that advice is only available in relation to the business of the University and is not available for staff in their personal capacities.
If advice is required from the University’s external sources, this will be organised through the Director. It is important that the initial contact is made through the Director to ensure the appropriate records are retained and that client-lawyer privilege is established for appropriate correspondence and documentation. The University is not responsible for legal costs resulting from staff seeking advice directly from external sources.
Legislation
The University is subject to a wide range of legislation from both the Commonwealth and Australian Capital Territory jurisdictions. Legislation applies to the University as a corporate entity, but many Acts and related instruments apply equally to individuals The Audit and Governance Unit maintains a register of legislation (Word file 192 KB) applying to the University, which notes the University units or officers responsible and accountable for ensuring the University meets its obligations under each Act or related instrument.
The University is established and governed under the University of Canberra Act 1989, an Act of the Australian Capital Territory. The Act may be cited as University of Canberra Act 1989 (ACT). The University was originally established by the Commonwealth Government in 1967 as the Canberra College of Advanced Education under the Canberra College of Advanced Education Act 1967 (Cth). The University of Canberra Act 1989 (Cth) came into effect on 1 January 1990, replacing the 1967 Act, and the University came under the jurisdiction of the Australian Capital Territory from 1 December 1997.
Under section 40 of the University of Canberra Act 1989 (ACT), the University may make Statutes to implement the Act, and under Statutes the University may also make specific Rules. The other major component of the University’s legislative and policy framework are policies.
Contracts and Agreements
The University is party to a large number of contracts, agreements, memorandums of understanding and similar relationships.
All proposed contracts and similar documents and proposed variations to existing documents should be referred to the contracts officer in the Business Support Unit for review and advice prior to signing. This is to ensure that the interests of the University and staff are protected and University staff are not exposed to unwarranted risk. It also ensures a conformity of agreement across the University. Contractual issues of a legal nature for review include indemnities, insurance, intellectual property and termination. The ability of contract managers to provide the goods and/or services referred to in the contract or agreement and to meet the logistical and infrastructure requirements of a contract or agreement, such as the provision of audited financial statements, security of assets, access to facilities, meeting timelines and reporting and acquittal provisions, are within the judgement of the proposer of the contract or agreement and their responsibility. The contracts officer will ensure that any liabilities applying to the University are consistent with the University's insurance policies. Staff submitting documents for review should complete and attach the Contract Review and Approval coversheet.
Staff submitting contracts relating to research projects and funding should first submit the document to the Director of the Research Services Office, Dr Mary Kelly
All contracts, agreements and similar relationships between the University of Canberra and another party must be signed by the Vice-Chancellor. Other staff are not authorised to enter into any formal agreement with another party on behalf of the University. When describing the University as a party to a contract or agreement the following words should be used:
UNIVERSITY OF CANBERRA (ABN 81 633 873 422), a body corporate established by the University of Canberra Act 1989, located at University Drive, Bruce in the Australian Capital Territory.
If the agreement is with a subsidiary unit, for example a Division, School or Centre, the following form of words should be used:
UNIVERSITY OF CANBERRA (ABN 81 633 873 422) a body corporate established by the University of Canberra Act 1989, located at University Drive, Bruce in the Australian Capital Territory, represented by the National Institute for Governance.
(Replace example with name of appropriate School or Centre. All such documents should also be signed by the Vice-Chancellor).
The contracts office can arrange or provide advice on the drafting of contracts and agreements and variations to contracts and agreements relating to the business of the University.
The contracts office has a number of standard templates for contracts and agreements. Information on these is available from the Office.
Liquor – Sale and consumption on campus
The consumption and sale of alcohol in buildings and in the grounds of the University is strictly controlled and limited by the Liquor Act 1975 (ACT) and the University’s University of Canberra (Liquor) Statute 2008 and associated Rules (General, UCU and the Staff Club).
Except for UCU, the Staff Club, Cafe Mizzuna and Retro Cafe, which are governed by separate licenses, NO alcohol can be consumed or sold on campus except with a permit. There are two types of permits:
- Permit for a room – Under section 5 of the Liquor (General) Rules 2008 a permit may be issued for a room on a long term basis, specifying that alcohol may be consumed in that room. This type of permit is normally restricted to staff common rooms and some meeting rooms where alcohol may be consumed on a regular basis as part of celebratory events or meetings frequently scheduled in those spaces. Under section 11 of the University of Canberra (Liquor) Statute 2008, a permit can also be issued permitting the sale of liquor. However, these permits are issued only for an individual event, not for multiple events in a particular room.
- Permit for an individual function – Under section 6 of the Liquor (General) Rules 2008 a permit may be issued to allow alcohol to be consumed at a one-off special event or meeting. Under section 11 of the University of Canberra (Liquor) Statute 2008 a permit can also be issued permitting the sale of liquor at these functions.
These conditions apply to the whole of the University, including student residences. The policies of student residences include details for obtaining the necessary permissions.
Applying for a permit
You can complete a permit application form online. When completed send it to liquor@canberra.edu.au as an attachment. On the form you will need to indicate the date, time, venue and nature of the event and whether alcohol is going to be consumed and/or sold at the event.
Please note that there are a number of conditions relating to such events:
- Only authorised persons (ie. invited guests) may attend the function, and
- Alcohol must not be removed from the area authorised for the consumption and/or sale of the alcohol. It is not permissible to sell alcohol to be consumed elsewhere or at a different time or date.
Staff wishing to apply for a room permit should contact the Liquor Administration Officer. Applications must be authorised by a Dean or Director of an administrative unit.
If your event is being catered for by UCU or the Staff Club (ie. they are providing the alcohol), but the event is not being held in UCU or the Staff Club, you need to apply for a permit. In these cases UCU and the Staff Club are suppliers of the alcohol, not organisers of the function. The person organising the event must apply for the permit and is responsible for ensuring any conditions relating to the permit are met. UCU or the Staff Club may need to sight the permit before agreeing to supply alcohol.
Freedom of Information (FOI)
Under the provisions of Freedom of Information legislation, individuals may seek access to a range of University records, including records created or held by University staff. Under the Act nearly all records, notes, correspondence, diaries, reports and files, both print and electronic, are available to third parties. While there are a number of exemptions, they are very limited, and do not apply to most records created by the University and University staff or received by the University. Marking a record as Confidential will not prevent access except in very limited circumstances. Electronic records created or received by University staff on University computers are normally discoverable and recoverable, even if deleted by an individual.
All staff of the University have responsibilities and obligations to retain and organise records in accordance with the University’s records management policy which must meet the requirements of the Territory Records Act 2002 (ACT). A copy of the Act is available online on the ACT Legislation Register.
Persons requiring access to University records should first discuss their needs with the Director of the Audit and Governance Unit as the University has a policy of open access (subject to the provisions of the Privacy Act 1988 (Cth)).
A copy of the Freedom of Information Act 1989 (ACT) is available online on the ACT Legislation Register.
Privacy
The University, and University staff and students, have a number of obligations under the Privacy Act 1988 (Cth) relating to the collection, storage, dissemination and release of personal information. Full details are available on the Privacy web site on UC Online.
Copyright
The University, and University staff and students, must abide by the provisions of the Copyright Act 1988 (Cth) and statutory licences made under the Act. Full details are available in the Copyright Guide on UC Online.
Concerns, Complaints and Grievances
Members of the University or public may express dissatisfaction with decisions of the University or policies and processes of the University. Such issues will be treated seriously by managers of the University and responded to in a timely and appropriate manner. External members of the University may address issues of concern in writing to:
The Vice-Chancellor
University of Canberra
ACT, 2601, Australia
Individuals not satisfied with the University’s handling of a complaint may seek advice from a number of external sources, including:
- ACT Human Rights Commission (Administers the Discrimination Act 1991 and the Human Rights Act 2004)
- Ombudsman (ACT)
- Administrative Appeals Tribunal (ACT)
Grievances
The University has a number of processes in place to facilitate the handling of grievances or other issues.
Students should refer to the policy site on Student Rights and Responsibilities for details of grievance procedures.
The Grievance Policy for Staff outlines a process for staff wishing to raise a grievance. A formal process providing staff with an opportunity to raise grievances concerning their employment is detailed in clause A8 of the University of Canberra Academic, General and UCELI Staff Agreement 2006-2008. This process also allows staff to raise grievances concerning the Agreement itself.
Protected disclosure
University staff are encouraged to report suspected corrupt conduct and allegations of maladministration. The Public Interest Disclosure Act 1994 (ACT) provides certain protections for staff reporting such matters. Information on the Act is available on UC Online.
A copy of the Public Interest Disclosure Act 1994 (ACT) is available on the ACT Legislation Register.
Service of Subpoenas/Notices for Production
Subpoenas or notices for non-party production to the University of Canberra should be addressed to “The Proper Officer” and delivered to:
The Legal Office,
Building 1, Room 1D119,
University Drive,
University of Canberra,
BRUCE, ACT, 2617.
Fax: 02 - 6201 5381
(Postal address: Canberra, ACT, 2601, Australia)
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