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Governance at UNSW Aaron Magner 2009
The document discusses governance at the University of New South Wales (UNSW). It outlines the structure of governance which includes the University Council, Vice-Chancellor, Chancellor, Academic Board, and various Pro Vice-Chancellors. The University Council acts as the governing body, with powers delegated from the NSW Parliament, and is responsible for key duties like appointing staff and overseeing finances. Governance must balance responsibilities to the Commonwealth and New South Wales governments with upholding the university's objects of promoting scholarship, research, and academic excellence. Proper policies, transparency, and adherence to legal obligations are important aspects of good governance.
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Governance at UNSW Aaron Magner 2009
- 1. Governance at theUniversity of New South Wales Aaron Magner UNSW Legal Counsel
- 2. University Sector inAustraliaNumber of Universities
- 3.
- 4. 2009 – thirtynine
- 5. Combined operating revenue$17 billion
- 6. Third largest exportindustry (after coal)Higher Education in transitionGovernment funding decreasing
- 7. In 2008 41%NSW University revenue from Commonwealth
- 8. Supplemented by commercialactivities: - Domestic & international students fees - Commercialisation - research & IP - Consultancy services eg. UNSW Global, Nsi
- 9. GovernanceWhat is it?Thestewardship of an organisation in terms of the way it is directed and controlled.
- 10. Respective powers, responsibilitiesand accountabilities of the boards and stakeholders. Good GovernanceWhat is good Governance?Doing the right thing.
- 11. Acting withhonesty, impartiality, integrity, trustworthiness, respect for the law and due process.
- 12. Commitment toethical values.Well-governed organisations are, in the long run, more successful than those that are not.
- 13. Commonwealth and stateregimeJulia GillardMinister for Education Funding universities through the DEEWRVerity FirthNSW Minister for Education & Training Administration of the UNSW Act
- 14. University of NewSouth Wales ActLegislation of NSW Parliament
- 15. Appointment of Chancellorand Vice-Chancellor
- 16. University Council -constitution, representation and methods of appointment of members
- 17. University Council functionsand Power
- 18. Functions and Objectsof UNSWUNSW’s University CouncilOfficial members: Chancellor, Vice-Chancellor & President of the Academic Board
- 19. 22 members (expectedto decrease)
- 20. Majority external tothe university
- 21. Relevant expertise andexperience
- 22. 2 must havefinancial expertise
- 23. 1 must havecommercial expertise
- 24. 4 academic staffmembers
- 25. 1 non-academic staffmember
- 26. 2 students -1 postgraduate, 1 undergraduateFunctions of University CouncilAct in all matters to promote the object and interests of the university
- 27. Act for andon behalf of the university
- 28. Exercise of theuniversity’s functions
- 29. Control and manageof university affairs
- 30. Provide courses andconfer degrees
- 31. Appoint and terminateacademic and other staff
- 32. Borrow and investfunds.The Vice-ChancellorAppointed by University Council
- 33. Ex officio memberof the University Council
- 34. The CEO orPrincipal Executive Officer
- 35. Also the ‘Presidentand Vice-Chancellor’
- 36. Manages and supervisesthe administrative, financial and other activities of the University
- 37. Holds office forsuch period and on such conditions as the University Council determines.Frederick Hilmer Vice-Chancellor
- 38. The ChancellorElected byUniversity Council
- 39. Term of office:4 years
- 40. Chairs all meetingsof the University Council
- 41. Can Chair anycommittee meeting
- 42. Chancellor and VCare ex-officio members of all Council Committees except Audit.David Gonski Chancellor
- 43. UNSW’s ObjectsThe UNSWAct (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 FunctionsThe Universityhas the following functions for the promotion of its object: the provision of facilities for education and research of university standard.
- 45. the encouragement ofthe dissemination, advancement, development andapplication of knowledge informed by free inquiry.
- 46. the provision ofcourses 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 inpublic discourse.
- 48. the conferring ofdegrees, including those of Bachelor, Master and Doctor,and the awarding of diplomas, certificates and other awards.
- 49. the provision ofteaching and learning that engage with advanced knowledge and inquiry.
- 50. the development ofgovernance, 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 BoardAdvises Vice-Chancellor & University Council on teaching, scholarship and research.
- 51. Determines courses ofstudy or examinations, on recommendation of Faculties, Boards of Studies etc, subject to University Council.
- 52. Determines conditions foradmission, award of degrees, on advice from the Faculties, Boards of Studies.Professor Janet ChanThe President of the Academic Board
- 53.
- 54. President of theAcademic Board
- 55. Deputy Vice Chancellors(Research) & (Academic)
- 56. Executive Director -University Services
- 57. Executive Director -Finance and Operations
- 58. CEO - UNSWFoundationThe Pro Vice-ChancellorsProf. Joan Cooper Pro-Vice-Chancellor (Students) and Registrar16Ms Jennie LangPro Vice-Chancellor - UNSW InternationalProf. Margaret HardingPro Vice-Chancellor (Research Strategy) Dean of Graduate Research
- 59. State regulationNSW Governmentregulatory bodies with oversight include: The NSW Audit Office
- 60.
- 61. The Independent CommissionAgainst Corruption
- 62. Office of theNSW Privacy Commissioner
- 63. NSW Administrative DecisionsTribunalOther public accountability legislation applied at UNSW include:State Records Act
- 64. Privacy & PersonalInformation Act
- 65.
- 66.
- 67. Public Finance andAudit ActCommonwealth regulationThe Education Services for Overseas Students Act
- 68.
- 69.
- 70. Employment, Education andTraining Act
- 71.
- 72.
- 73.
- 74.
- 75.
- 76. What’s this meanfor me?Variety of legal obligations on university staff.
- 77. Obligations beyond thosefor private corporations.
- 78. Personal responsibilities ofuniversity officers, e.g. Protected Disclosures Act, ICAC.
- 79. High levels oftransparency and accountability.
- 80. University policies andprocedures must be understood and applied fairly and consistently by staff, especially managers and above.
- 81. If governance standardsare not met those adversely affected may have legal recourse against the University and/or individual officers. DelegationsLegal authority comes from University Council
- 82. University Council canand does delegate functions to officers of the University
- 83. Virtually all authorityis by delegation from the University Council
- 84. Also some implieddelegations
- 85. Search www.unsw.edu.au ‘Registerof Delegations’
- 86. All managers areresponsible for knowing the extent of own delegated authority and not exceeding it.University PoliciesThe 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 legalproceedings the Policy is what the courts expect to have occurred.
- 88. Demonstrate that principlesand procedures have been communicated to UNSW staff.
- 89. Search www.policy.unsw.edu.auUNSW LegalOfficeChancellery Building Room 159South West Wing (Map reference C22)Ph: 9385 2701www.legal.unsw.edu.auAdvice subject to Legal Professional Privilege
- 90. Questions or Discussion?AaronMagnerLegal Counsela.magner@unsw.edu.auPh: 02 9385 2598Other contactsSlideshare: www.slideshare.net/AaronMagnerLinkedinwww.linkedin.com/in/aaronmagnerScribd: www.scribd.com/AaronMagner
Editor's Notes
- #3 Rapid growth post-WWII
- #7 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.
- #9 77
- #10 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
- #11 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.