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

1. Governance at the University of New South Wales Aaron Magner UNSW Legal Counsel

3. 1945 – six

4. 2009 – thirty nine

5. Combined operating revenue $17 billion

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

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

15. Appointment of Chancellor and Vice-Chancellor

16. University Council - constitution, representation and methods of appointment of members

17. University Council functions and Power

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

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

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

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 “

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.

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

54. President of the Academic Board

55. Deputy Vice Chancellors (Research) & (Academic)

56. Executive Director - University Services

57. Executive Director - Finance and Operations

60. NSW Ombudsman’s Office

61. The Independent Commission Against Corruption

62. Office of the NSW Privacy Commissioner

64. Privacy & Personal Information Act

65. Freedom of Information Act

66. Protected Disclosures 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 Act18

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.

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’

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.

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