Governance at the <br />University of New South Wales <br />Aaron Magner<br /> UNSW Legal Counsel<br />
University Sector in Australia<br /><ul><li>Number of Universities
1945 – six
2009 – thirty nine
Combined operating revenue $17 billion
Third largest export industry (after coal)</li></li></ul><li>Higher Education in transition<br /><ul><li>Government fundin...
In 2008 41% NSW University revenue from Commonwealth
Supplemented by commercial activities:</li></ul>		- Domestic & international students fees<br /> 		- Commercialisation - r...
Governance<br />What is it?<br /><ul><li>The stewardship of an organisation in terms of the way it is directed and control...
Respective powers, responsibilities and accountabilities of the boards and stakeholders. </li></li></ul><li>Good Governanc...
 Acting with honesty, impartiality, integrity, trustworthiness, respect for the law and due process.
 Commitment to ethical values.</li></ul>Well-governed organisations are, in the long run, more successful than those that ...
Commonwealth and state regime<br />Julia Gillard<br />Minister for Education <br />Funding universities through the DEEWR<...
University of New South Wales Act<br /><ul><li>Legislation of NSW Parliament
Appointment of Chancellor and Vice-Chancellor
University Council - constitution, representation and methods of appointment of members
University Council functions and Power
Functions and Objects of UNSW</li></li></ul><li>UNSW’s University Council<br /><ul><li>Official members: Chancellor, Vice-...
22 members (expected to decrease)
Majority external to the university
Relevant expertise and experience
2 must have financial expertise
1 must have commercial expertise
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Governance at UNSW Aaron Magner 2009

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A summary of the legal framework that underpins governance at the University of New South Wales.

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  • Rapid growth post-WWII
  • DEEWR: Department of Education, Employment and Workplace RelationsActs under which universities are established (known as enabling Acts)provide universities with the ‘freedom to govern themselves in the way they see fit, while also ensuring that appropriate and effective governance arrangements are in place.
  • 77
  • The University CouncilSection 8 of the UNSW ActThe University Council is the governing authority of UNSW.Functions and powers conferred by the Act. (See Section 8(2) of UNSW Act)The Council acts for and on behalf of the University in the exercise of the University’s functions.Has the control and management of the affairs and concerns of the University.Oversees the University’s performance, academic activities and management.The UNSW Act states that the functions of the Council are:The control and management of university affairs who encompasses:monitoring the performance of the Vice-Chancelloroverseeing the university’s performance and academic activitiesapproving the mission, strategic direction, annual budget and business plan of the universityoverseeing risk management and assessment, and approving and monitoring systems of control and accountabilityestablishing policies and procedural principles, and ensuring accessible grievance proceduresregularly reviewing its own performancemaking available for governing body members a program of induction and development relevant to their position as member.establish and maintain other branches of the universitymake loans and grants to studentsimpose fees, charges and fines.86
  • Consults with and takes advice from the Academic Board, and all other University Boards, Faculties, Committees, Professors and Heads of Departments.Supervises the discipline of the University with power to impose penalties for a breach of discipline or for misconduct.Gives effect to by-laws, rules, regulations and Council Resolutions.Is the Principal Officer of the University for the purposes of ICAC Act, FOI Act and others.
  • Governance at UNSW Aaron Magner 2009

    1. 1. Governance at the <br />University of New South Wales <br />Aaron Magner<br /> UNSW Legal Counsel<br />
    2. 2. University Sector in Australia<br /><ul><li>Number of Universities
    3. 3. 1945 – six
    4. 4. 2009 – thirty nine
    5. 5. Combined operating revenue $17 billion
    6. 6. Third largest export industry (after coal)</li></li></ul><li>Higher Education in transition<br /><ul><li>Government funding decreasing
    7. 7. In 2008 41% NSW University revenue from Commonwealth
    8. 8. Supplemented by commercial activities:</li></ul> - Domestic & international students fees<br /> - Commercialisation - research & IP<br /> - Consultancy services eg. UNSW Global, Nsi<br />
    9. 9. Governance<br />What is it?<br /><ul><li>The stewardship of an organisation in terms of the way it is directed and controlled.
    10. 10. Respective powers, responsibilities and accountabilities of the boards and stakeholders. </li></li></ul><li>Good Governance<br />What is good Governance?<br /><ul><li>Doing the right thing.
    11. 11. Acting with honesty, impartiality, integrity, trustworthiness, respect for the law and due process.
    12. 12. Commitment to ethical values.</li></ul>Well-governed organisations are, in the long run, more successful than those that are not.<br />
    13. 13. Commonwealth and state regime<br />Julia Gillard<br />Minister for Education <br />Funding universities through the DEEWR<br />Verity Firth<br />NSW Minister for Education & Training <br />Administration of the UNSW Act <br />
    14. 14. University of New South Wales Act<br /><ul><li>Legislation of NSW Parliament
    15. 15. Appointment of Chancellor and Vice-Chancellor
    16. 16. University Council - constitution, representation and methods of appointment of members
    17. 17. University Council functions and Power
    18. 18. Functions and Objects of UNSW</li></li></ul><li>UNSW’s University Council<br /><ul><li>Official members: Chancellor, Vice-Chancellor & President of the Academic Board
    19. 19. 22 members (expected to decrease)
    20. 20. Majority external to the university
    21. 21. Relevant expertise and experience
    22. 22. 2 must have financial expertise
    23. 23. 1 must have commercial expertise
    24. 24. 4 academic staff members
    25. 25. 1 non-academic staff member
    26. 26. 2 students - 1 postgraduate, 1 undergraduate</li></li></ul><li>Functions of University Council<br /><ul><li>Act in all matters to promote the object and interests of the university
    27. 27. Act for and on behalf of the university
    28. 28. Exercise of the university’s functions
    29. 29. Control and manage of university affairs
    30. 30. Provide courses and confer degrees
    31. 31. Appoint and terminate academic and other staff
    32. 32. Borrow and invest funds.</li></li></ul><li>The Vice-Chancellor<br /><ul><li>Appointed by University Council
    33. 33. Ex officio member of the University Council
    34. 34. The CEO or Principal Executive Officer
    35. 35. Also the ‘President and Vice-Chancellor’
    36. 36. Manages and supervises the administrative, financial and other activities of the University
    37. 37. Holds office for such period and on such conditions as the University Council determines.</li></ul>Frederick Hilmer <br />Vice-Chancellor<br />
    38. 38. The Chancellor<br /><ul><li>Elected by University Council
    39. 39. Term of office: 4 years
    40. 40. Chairs all meetings of the University Council
    41. 41. Can Chair any committee meeting
    42. 42. Chancellor and VC are ex-officio members of all Council Committees except Audit.</li></ul>David Gonski <br />Chancellor <br />
    43. 43. UNSW’s Objects<br />The UNSW Act (1989)<br /> “The object of the University is the promotion, within the limits of the University&apos;s resources, of scholarship, research, free inquiry, the interaction of research and teaching, and academic excellence.”<br /> University of Melbourne:<br /> “to serve the Victorian, Australian and international communities and the public interest by… enriching cultural and community life.”<br /> The University of Notre Dame: <br /> “the provision of a university education within a context of catholic faith and values…”<br /> Harvard University : <br /> “To advance Learning and perpetuate it to Posterity “<br />
    44. 44. UNSW’s Functions<br />The University has the following functions for the promotion of its object: <br /><ul><li>the provision of facilities for education and research of university standard.
    45. 45. the encouragement of the dissemination, advancement, development andapplication of knowledge informed by free inquiry.
    46. 46. the provision of courses of study or instruction across a range of fields, and the carrying out of research, to meet the needs of the community.
    47. 47. the participation in public discourse.
    48. 48. the conferring of degrees, including those of Bachelor, Master and Doctor,and the awarding of diplomas, certificates and other awards.
    49. 49. the provision of teaching and learning that engage with advanced knowledge and inquiry.
    50. 50. the development of governance, procedural rules, admission policies,financial arrangements and quality assurance processes that areunderpinned by the values and goals referred to in the functions set out in this subsection, and that are sufficient to ensure the integrity of the University's academic programs.</li></li></ul><li>Academic Board<br /><ul><li>Advises Vice-Chancellor & University Council on teaching, scholarship and research.
    51. 51. Determines courses of study or examinations, on recommendation of Faculties, Boards of Studies etc, subject to University Council.
    52. 52. Determines conditions for admission, award of degrees, on advice from the Faculties, Boards of Studies.</li></ul>Professor Janet Chan<br />The President of <br />the Academic Board<br />
    53. 53. The Executive<br /><ul><li>Vice Chancellor
    54. 54. President of the Academic Board
    55. 55. Deputy Vice Chancellors (Research) & (Academic)
    56. 56. Executive Director - University Services
    57. 57. Executive Director - Finance and Operations
    58. 58. CEO - UNSW Foundation</li></li></ul><li>The Pro Vice-Chancellors<br />Prof. Joan Cooper <br />Pro-Vice-Chancellor (Students) and Registrar<br />16<br />Ms Jennie Lang<br />Pro Vice-Chancellor - UNSW International<br />Prof. Margaret Harding<br />Pro Vice-Chancellor (Research Strategy) <br />Dean of Graduate Research<br />
    59. 59. State regulation<br />NSW Government regulatory bodies with oversight include: <br /><ul><li>The NSW Audit Office
    60. 60. NSW Ombudsman’s Office
    61. 61. The Independent Commission Against Corruption
    62. 62. Office of the NSW Privacy Commissioner
    63. 63. NSW Administrative Decisions Tribunal</li></ul>Other public accountability legislation applied at UNSW include:<br /><ul><li>State Records Act
    64. 64. Privacy & Personal Information Act
    65. 65. Freedom of Information Act
    66. 66. Protected Disclosures Act
    67. 67. Public Finance and Audit Act</li></li></ul><li>Commonwealth regulation<br /><ul><li>The Education Services for Overseas Students Act
    68. 68. Higher Education Act
    69. 69. Higher Education Support Act
    70. 70. Employment, Education and Training Act
    71. 71. Workplace Relations Act
    72. 72. Disability Discrimination Act
    73. 73. Racial Discrimination Act
    74. 74. Sex Discrimination Act
    75. 75. HREOC Act</li></ul>18<br />
    76. 76. What’s this mean for me?<br /><ul><li>Variety of legal obligations on university staff.
    77. 77. Obligations beyond those for private corporations.
    78. 78. Personal responsibilities of university officers, e.g. Protected Disclosures Act, ICAC.
    79. 79. High levels of transparency and accountability.
    80. 80. University policies and procedures must be understood and applied fairly and consistently by staff, especially managers and above.
    81. 81. If governance standards are not met those adversely affected may have legal recourse against the University and/or individual officers. </li></li></ul><li>Delegations<br /><ul><li>Legal authority comes from University Council
    82. 82. University Council can and does delegate functions to officers of the University
    83. 83. Virtually all authority is by delegation from the University Council
    84. 84. Also some implied delegations
    85. 85. Search www.unsw.edu.au ‘Register of Delegations’
    86. 86. All managers are responsible for knowing the extent of own delegated authority and not exceeding it.</li></li></ul><li>University Policies<br />The benefits of good policies and procedures include:<br /><ul><li> Not dependant on any one person to impart their knowledge for others to understand how to approach a situation.
    87. 87. In legal proceedings the Policy is what the courts expect to have occurred.
    88. 88. Demonstrate that principles and procedures have been communicated to UNSW staff.
    89. 89. Search www.policy.unsw.edu.au</li></li></ul><li>UNSW Legal Office<br />Chancellery Building <br />Room 159<br />South West Wing <br />(Map reference C22)<br />Ph: 9385 2701<br />www.legal.unsw.edu.au<br />Advice subject to Legal Professional Privilege <br />
    90. 90. Questions or Discussion?<br />Aaron Magner<br />Legal Counsel<br />a.magner@unsw.edu.au<br />Ph: 02 9385 2598<br />Other contacts<br />Slideshare: www.slideshare.net/AaronMagner<br />Linkedinwww.linkedin.com/in/aaronmagner<br />Scribd: www.scribd.com/AaronMagner<br />
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