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 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 Committees of Council);
• Coordination and management of the University’s internal audit program;
• Coordination and management of the University’s resilience management framework (Risk management, Business continuity planning, Crisis/Incident management) 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 Civil and Administrative Tribunal (and similar bodies);
• Compliance matters Freedom of Information, Human Rights Act, copyright and privacy;
• Review and development of some 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
• Participation in University grievance and complaints procedures.

The leadership team of the Audit and Governance Unit is: 

• Maria Storti, Group Chief Operating Officer. Secretary of Council (Primary responsibilities: Governance; legal; strategic projects and financial oversight of UC Group).
  
  Contact: (02) 6201 2908  e-mail: maria.storti@canberra.edu.au
  
  
• David Hamilton, Strategic Adviser. (Primary responsibilities: management of legal advice and legal issues; University’s legislative framework; grievances and compliance; FOI; copyright; privacy and contracts).
  
  Contact: (02) 6201 2640  e-mail: legal@canberra.edu.au  e-mail: contracts@canberra.edu.au
  
  
• Margaret Theakston, Manager, Audit and Risk Management. (Primary responsibilities:  risk management; audit; insurance; critical incident management and business continuity).
  
  Contact: (02) 6201 5193 e-mail: insurance@canberra.edu.au; margaret.theakston@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 356 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 contracts and similar documents and proposed variations to existing documents must be reviewed and approved by the appropriate University unit 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 reviewer 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. 

Contracts relating to research projects/funding should be submitted for review to the Research Services Office.

Contracts relating to the purchase of goods and services should be submitted for review to the Commercial Services Unit.

Other contracts should be submitted for review to the Audit and Governance Unit.

All contracts, agreements and similar relationships between the University of Canberra and another party must be signed by the Vice-Chancellor, unless a person has been specifically delegated such authority by the Council of the University. 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 Faculty, Research Centre  or other 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 Faculty of Education.

(Replace example with name of appropriate Faculty 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 by statutes and rules of the University. Full details are available on the Alcohol web page on UC Online.

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. Full details are on the FOI web page on UC Online.

Human Rights Act

The Human Rights Act 2004 of the ACT applies to the University. The Act requires the University to consider relevant human rights when making decisions. Details of the requirements are on the Human Rights Act web page on UC Online.

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. Information on the submission of complaints is on the Complaints and Grievances web page on UC Online.

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 submission of complaints is on the Complaints and Grievances web page on UC Online.

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.

(Postal address: Canberra, ACT, 2601, Australia)

Related Sites

• Governance at the University of Canberra
• Committees