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Governance at UNSW Aaron Magner 2009
Governance at UNSW Aaron Magner 2009
Governance at UNSW Aaron Magner 2009
Governance at UNSW Aaron Magner 2009
Governance at UNSW Aaron Magner 2009
Governance at UNSW Aaron Magner 2009
Governance at UNSW Aaron Magner 2009
Governance at UNSW Aaron Magner 2009
Governance at UNSW Aaron Magner 2009
Governance at UNSW Aaron Magner 2009
Governance at UNSW Aaron Magner 2009
Governance at UNSW Aaron Magner 2009
Governance at UNSW Aaron Magner 2009
Governance at UNSW Aaron Magner 2009
Governance at UNSW Aaron Magner 2009
Governance at UNSW Aaron Magner 2009
Governance at UNSW Aaron Magner 2009
Governance at UNSW Aaron Magner 2009
Governance at UNSW Aaron Magner 2009
Governance at UNSW Aaron Magner 2009
Governance at UNSW Aaron Magner 2009
Governance at UNSW Aaron Magner 2009
Governance at UNSW Aaron Magner 2009
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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.

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.
  • Transcript

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

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