REGISTER OF COMPLIANCE OBLIGATIONS TABLE OF CONTENTS GOVERNANCE STRUCTURES, ORGANISATION AND DOCUMENTS .................................................................... 3 A. LEARNING AND TEACHING ......................................................................................................................... 5 B. RESEARCH AND INNOVATION .................................................................................................................... 8 C. FINANCE................................................................................................................................................... 18 D. HUMAN RESOURCES ................................................................................................................................ 27 E. ORGANISATION AND RESOURCES............................................................................................................ 36 F. FACILITIES AND ENVIRONMENT............................................................................................................... 41 G. INFORMATION SYSTEMS ......................................................................................................................... 50 2 Last updated December 2014 (Doc No: 2014/0003555) GOVERNANCE STRUCTURES, ORGANISATION AND DOCUMENTS Griffith University has a complex, comprehensive and extensively documented governance system. Under the Griffith University Act 1998, the Griffith University Council is the University's governing body. Section 32 of the Griffith University Act 1998 provides for the appointment of a Vice Chancellor. The Vice Chancellor is the chief executive officer of the University and is responsible for the academic, administrative, financial and other affairs of the University. There are a range of committees and boards that perform governance functions. These sit under and report to the University Council, Academic Committee or individual office holders. The committees and boards include the following: Aboriginal and Torres Strait Islander Advisory Committee; Academic Committee; Advisory Council, Gold Coast Campus; Animal Ethics Committee; Arts Education and Law Group Board; Audit Committee; Board of Graduate Research; Council Nominations Committee; Educational Excellence Committee; Equity Committee; Executive Group; Finance, Resources and Risk Committee; Griffith Business School Board; Griffith University Foundation Board; Griffith Health Group Board; Griffith Sciences Group Board; Group Promotions Committee; Honorary Degree Committee; Human Research Ethics Committee; Internationalisation Advisory Committee; Learning and Teaching Committee; Legislation Committee; Programs Committee; Research Committee; School Committees; Senior Promotions Committee; Senior Staff Remuneration Committee; Staff Committee; Student Misconduct Committee; TAFE Queensland and Griffith University Links Committee; Tender Board; University Assessment Committee; University Biosafety Committee; University Health and Safety Committee; and University Student Loans Panel. 3 Last updated December 2014 (Doc No: 2014/0003555) The policy library of the University is a key governance tool, with a range of policies grouped under nine headings, being: University Governance; Learning and Teaching; Research; Student Administration and Services; Information Management and ICT; Staff; Financial Management; Facilities and Assets; and Community and Development. Governance information is disseminated to staff and other stakeholders through a range of mediums, including the University’s intranet site. Griffith has a regular, five-yearly, systematic, independent review cycle of current activity and future plans for academic and administrative areas, including the review of policy frameworks and documents. This University Reviews Policy provides the overarching framework for the conduct of organisational-wide reviews and cements the role of these reviews as a core part of the University’s planning framework. Griffith provides a range of tertiary courses which are obliged to meet accreditation standards imposed by State and Commonwealth laws, as well as standards imposed by a range of professional bodies and boards. The University’s Academic Committee, in conjunction with the relevant schools are responsible for ensuring that the University’s courses are appropriately accredited. Key accreditation requirements are addressed in the following material. For convenience of reference, legislative compliance obligations have been divided into seven streams, being: A. Learning and Teaching; B. Research and Innovation; C. Finance; D. Human Resources; E. Organisation and Governance; F. Facilities and Environment; and G. Information Systems. 4 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts A. LEARNING AND TEACHING RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE Architects Act 2002 This Act provides for the registration of architects. The University must ensure that its architecture course remains a qualification recognised by the Architects Accreditation Council of Australia (the AACA). Provisional accreditation has been granted by the Architects Accreditation Council of Australia and the Australian Institute for Architects for graduates who articulate to, and complete, the Master of Architecture. Full accreditation is anticipated from a review scheduled in 2015. Academic Registrar The Act establishes the Board of Teacher Registration for the registration of teachers in Queensland. The University must ensure that its education program graduates are eligible for registration. The University submits new course proposals and period reports to the Board to ensure its programs remain approved. The University also forwards information on education program graduates eligible for registration. Academic Registrar An Act to provide for the registration of persons providing courses to overseas students and for the registration of the courses. Griffith University is registered as a provider of courses to overseas students with Education Queensland. PVC (International) Acts to regulate education services for overseas students. Under this Act, the University is obliged to ensure that staff that deal with international students are aware of the National Code of Practice which forms part of this Act. They must ensure that the University and relevant courses are registered on CRICOS and that facilities remain compliant. This Act (and its related Acts) requires registration of the University as an educational service Griffith University is registered CRICOS Provider - 00233E as a provider of courses to overseas students under this Act. Academic Registrar (Queensland) Education (Queensland College of Teachers) Act 2005 (Queensland) Education (Overseas Students) Act 1996 (Queensland) Education Services for Overseas Students Act 2000 [with related legislation being Education Services for Overseas Students (Assurance Fund Contributions) Act 2000, Education Services for Overseas Students (Consequential and PVC (Sciences) PVC (AEL) PVC (International) 5 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE Transitional) Act 2000, Education Services for Overseas Students (Registration Charges) 2000] provider to overseas students, and also requires accreditation of courses. An Act to provide the registration of health practitioners. The University must ensure that its health practitioner course maintains the required accreditations. The University maintains the required accreditations. Academic Registrar Higher Education qualifications other than those offered by self-accrediting institutions may only be offered by a nonself-accrediting higher education institution. An institution may not operate without both registration and course accreditation. Griffith is registered as a selfaccrediting higher education institution. Academic Registrar An Act relating to the funding of higher education. As an approved higher education provider, the University must meet specified conditions about various aspects of its operations in order to remain eligible for Commonwealth grants and scholarships. The University is also obliged to administer student assistance schemes pursuant to this Act. The Higher Education Funding Act 1998 regulates the funding of Australian higher educational institutions and obliges Universities to comply with funding conditions, provide information to students and to provide statistical and other information and schedules of student contributions and fees to the Federal Education Minister. The University is eligible for Commonwealth Grants and administers student assistance schemes in accordance with the Act through coordination between Academic Administration and PFS. (Commonwealth) Health Practitioner Regulation National Law Act 2009 and Health Practitioner Registration Boards Administration Act 1999 PVC (Health) (Queensland) Higher Education (General Provisions) Act 2008 (Queensland) Higher Education Support Act 2003 and the Higher Education Funding Act 1998 (Commonwealth) Verification of Griffith University’s registration and course accreditation is published at www.aqf.edu.au. Academic Registrar Chief Financial Officer 6 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE Legal Profession Act 2007 An Act to provide the registration of solicitors and barristers. The University must ensure that its LLB course maintains the required accreditation. The University maintains the required accreditation for its law program. Academic Registrar An Act to provide the registration of engineers. The University must ensure that its engineering programs maintain the required accreditation. The University maintains the required accreditations for its engineering programs. Academic Registrar An Act to provide the registration of Engineers, Accountants, computer and other professions. The University must ensure that its courses maintain the required accreditation. The University maintains the required accreditations. Academic Registrar An Act to provide for national consistency in the regulation of higher education providers. The University must ensure that it meets the registration requirements in order to offer and confer Australian higher education awards. The University is subject to the provider registration requirements and is required to submit information as part of the re-registration process. (Queensland) Professional Engineers Act 2001 (Queensland) Professional Standards Act 2004 (Queensland) Tertiary Education and Quality Standards Agency Act 2011 (Commonwealth) PVC (AEL) PVC (Sciences) PVC (Sciences) PVC (Business) Academic Provost 7 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts B. RESEARCH AND INNOVATION RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE Animal Care & Protection Act 2001 & Animal Care & Protection Act 2001 Regulation 2001 The Australian Code of Conduct for the Care and Use of Animals for Scientific Purposes 8th edition 2013 and the Queensland Animal Care and Protection Act 2001 articulate the responsibilities of staff and students who use animals for scientific purposes. The University's Animal Ethics Committee (AEC) applies the animal welfare and ethical standards required by the Code and can approve or refuse to approve any use of animals for scientific purposes by staff and students in research, teaching and film production. Membership of the Animal Ethics Committee includes staff and volunteers from the general community. The AEC advises the University on the ethical care and use of animals for scientific purposes and monitors the welfare of animals used. It reports annually to the University and to state and federal governments. Director, OR (Queensland) PVC (Sciences) Those planning work at the University which involves using vertebrate animals for scientific purposes must obtain prior ethical approval from the AEC which is versed in the content of the regulatory field. Staff must consult Animal Facility Staff about the care and welfare of any animals when they plan to house animals on campus. All facilities used for housing animals must receive prior AEC approval. The AEC constitution includes procedures to be followed by the University when complaints or concerns about the use of animals for scientific purposes are lodged. The University’s policies and procedures relating to animal ethics and welfare are clearly articulated and available to all staff through the University’s intranet. Australian Code of Practice for the Care and Use of Animals for Scientific Purposes The Australian Code of Conduct for the Care and Use of Animals for Scientific Purposes 8th edition 2013 and the The University's Animal Ethics Committee (AEC) applies the animal welfare and ethical standards required by the Code and can approve, refuse to approve, or require modification of any Director, OR PVC (Sciences) 8 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY Queensland Animal Care and Protection Act 2001 articulate the responsibilities of staff and students who use animals for scientific purposes. use of animals for scientific purposes by staff and students in research, teaching and film production. Membership of the AEC includes staff and volunteers from the general community. The AEC advises the University on the ethical care and use of animals for scientific purposes and monitors the welfare of animals used. It reports annually to the University and to state and federal governments. RESPONSIBILITY FOR ENSURING COMPLIANCE Those planning work at the University which involves using vertebrate animals for scientific purposes must obtain prior ethical approval from the AEC which is versed in the content of the regulatory field. Staff must consult Animal Facility Staff about the care and welfare of any animals when they plan to house animals on campus. All facilities used for housing animals must receive prior AEC approval. The AEC constitution includes procedures to be followed by the University when complaints or concerns about the use of animals for scientific purposes are lodged. The University’s policies and procedures relating to animal ethics and welfare are clearly articulated and available to all staff through the University’s intranet. Biodiscovery Act 2004 (Queensland) The Queensland Biodiscovery Act 1994, the Environment Protection and Biodiversity Conservation Regulations (Cth) Part 8A.13 and the Queensland Biotechnology Code of Ethics impose a permitting system for collection of native biological material from State and Federal lands. The relevant legislation requires biodiscovery entities to negotiate benefit The University has collection contracts and biodiscovery benefit sharing arrangements with the Queensland Museum and the State of Queensland (represented by the Queensland Herbarium) which underpin the University’s compliance in this field. Director, GE Director, OR Head, Legal Services The University is also engaged in negotiation of a biodiscovery benefit sharing agreement with the Queensland Government. 9 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY sharing arrangements with the State or the Commonwealth before engaging in collection. Until finalisation of the biodiscovery benefit sharing agreement, compliance is undertaken on a case by case project basis by the University’s commercialisation unit, Griffith Enterprise, assisted by Legal Services. Legal Services has recently undertaken refresher training on relevant issues to ensure that the University’s lawyers are cognisant of the relevant issues. State and Federal native title legislation also requires a biodiscovery entity to negotiate with the native title holders, if the biodiscovery exercise is occurring on land which is or may be subject to unextinguished native title. Biosecurity Bill 2011 (Queensland) Child Protection Act 1999 (Queensland) RESPONSIBILITY FOR ENSURING COMPLIANCE The University has also entered into Indigenous Land Access Agreements with a number of native title holding groups where biodiscovery exercises have required this. An Act that will provide for a flexible and responsible biosecurity framework to prevent or minimise adverse effects of toxic or endemic pests and diseases and contaminants on human health, social amenity, the economy and the environment. The University is required under the Biosecurity Act 2014 to comply with the provisions of “scientific research (prohibited matter) permits” granted under the Act. The University Biosafety Committee will inform researchers of their obligations and potential liabilities under the Act. Senior DVC An Act about the protection of children, obliging the University to ensure that research involving children is conducted in compliance with the Act. The University has established a Human Research Ethics Committee in accordance with the National Statement on Ethical Conduct in Human Research 2007. The University requires researchers proposing to undertake research that involves children and young people as participants to obtain clearance from the Committee. Prior approval from the Committee must be obtained for any research involving humans, including children, undertaken by the University. Director, OR The University’s commercialisation is conducted by Griffith Enterprise, in close consultation with Legal Services. Both Griffith Enterprise and Legal Services have a clear understanding of the Circuit Layouts Act, and the obligation to Director, GE Sanctions Circuit Layouts Act 1989 (Commonwealth) An Act that provides for the protection of the intellectual property rights embodied in certain layouts for integrated circuits. The University is obliged to ensure that in commercialising the outcomes of Head, Legal Services 10 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION Copyright Act 1968 (Commonwealth) DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY research, that third party intellectual property rights embodied in circuit layouts are not infringed. clear freedom to operate, before commencing commercialisation of relevant technology. An Act related to the protection of the expression of certain literary works, performances, recordings and computer programs. As a consumer of copyright materials, the University is obliged to ensure it complies with statutory requirements for the copying or other exploitation of copyright works. The University has a copyright guide which sets out the University’s expectations of staff and students in relation to copyright. Publishers in Queensland are required, under the relevant Federal and State laws, to deposit copies of any publication with specified libraries. Under the Federal Copyright Act 1968, a copy of any work published in Australia must be deposited with the National Library of Australia within one month of publication. Under the Queensland Libraries Act 1988, a copy of any work published in Queensland must be deposited with the State Library of Queensland and the Queensland Parliamentary Library within one month of publication. Design Act 1906 (Commonwealth) An Act related to protecting the rights of registered owners of registered designs. RESPONSIBILITY FOR ENSURING COMPLIANCE PVC (INS) These expectations are reinforced in the University’s IT Code of Practice (which applies to staff and students) and its Code of Conduct (which applies to staff). The University Copyright Officer administers and monitors the University’s copyright activities. Griffith University also has clearly stated ‘Take Down Procedures’ which outline the University's internal procedures for dealing with notification of alleged copyright infringements from copyright owners or their representatives. Griffith University’s intranet communicates the obligation of elements involved in publications to deposit copies of those publications in compliance with the Copyright Act 1968 and the Libraries Act 1988. The Griffith University library has a stock of ISBNs that it assigns to Griffith publications on request, and keeps records of the ISBNs that have been assigned. The University has an Intellectual Property Policy which establishes the policy and procedures for the protection, commercialisation and disclosure or intellectual property. The University’s commercialisation is conducted by Griffith Director, GE Head, Legal Services 11 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE Enterprise, in close consultation with Legal Services. Both Griffith Enterprise and Legal Services have a clear understanding of the Design Act, and the obligation to clear freedom to operate, before commencing commercialisation of relevant technology. Fisheries Act 1994 (Queensland) Fisheries Management Act 1991 (Commonwealth) Gene Technology Act 2000 (Commonwealth), Gene Technology (Licence Charges) Act 2000 (Commonwealth) and Gene Technology Act 2001 (Queensland) & Regulation 2002 These Acts provide for the management, use, development, research and protection of fisheries resources and fish habitats. The University undertakes scientific research in fisheries habitats in line with their obligations under the Acts. PVC (Sciences) These pieces of legislation form a nationally consistent scheme for the regulation of certain dealings with genetically modified organisms (GMOs). The intention is to protect the health and safety of people and to protect the environment by regulating certain dealings with GMOs. The Office of the Gene Technology Regulator (OTGR) is responsible for administering the Gene Technology legislation and promoting compliance with the laws and prosecuting non-compliance. The University Biosafety Committee advises on policies, procedures and compliance related to Genetically Modified Organisms (GMOs), Security Sensitive Biological Agents, quarantine and biosecurity, and other high risk biological materials. Chair, University Biosafety Committee This includes compliance with the Queensland Biotechnology code of Ethics, the Australian Code for Responsible Conduct of Research (2007), and the Griffith University Code for the Responsible Conduct of Research as they relate to research with such biological materials. Director, HRM The legislation provides for the OGTR to “issue technical and procedural guidelines” as required to assist in the administering of the Gene Technology legislation. These guidelines encourage good compliance practices by regulated organisations, particularly through the PVC (Health) PVC (Sciences) The Committee also assists and advises individuals within the University to comply with the Gene Technology Regulations in dealings with GMOs, the Security Sensitive Biological Agents Regulatory Scheme, and quarantine and biosecurity regulatory requirements and to ensure due diligence is exercised in activities using other high risk biological materials. Training in specific laboratory practices for handling GMOs are obliged to be conducted by the principal research leader or the Manager of the facility. Training records must be signed by the 12 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY promotion and implementation of best practice techniques. trainee and kept within the facility or be made available upon request. A training record template is available from the Griffith University intranet. The Gene Technology Act 2000 delegates authority to assess and review certain or GMOs activities and certified facilities to Institutional Biosafety Committees and the OGTR. RESPONSIBILITY FOR ENSURING COMPLIANCE It is a requirement of the legislation, the Gene Technology Regulations 2001 and the Guidelines for Facility Certifications that all staff, students and visitors to Griffith University that are undertaking work with GMOs or conducting work within an OGTR certified facility are trained appropriately in the relevant behavioural requirements of the facility certification. Guardianship and Administration Act 2000 (Queensland) Health Act 1973 and the Health (Drugs and Poisons) Regulation An Act about the appointment of guardians to manage the personal and financial affairs of adults with impaired capacities, and to protect the rights of such people generally. The Act obliges the University to ensure that research involving adults with impaired capacities is conducted in compliance with the Act. The University has established a Human Research Ethics Committee in accordance with the National Statement on Ethical Conduct in Human Research 2007. The University requires researchers proposing to undertake research that involves people highly dependent on medical care who may be unable to give consent and people with a cognitive impairment, an intellectual disability or a mental illness to obtain clearance from the Committee. Prior approval from the Committee must be obtained for any research involving humans, including adults with impaired capacities, undertaken by the University. Director, OR An Act consolidating the laws relating to public health, particularly in relation to The Griffith Health Service uses standard software supplied by the HIC and all doctors have a provider number. Griffith Academic Registrar (limited to ethics approvals for research involving categories of persons covered by this Act) 13 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE (Queensland) the preparation and dispensing of drugs, which obliges the University to ensure that its researchers comply with the requirements of the Act, requires Griffith Health Service to operate within the guidelines set down in the Act and, with the Therapeutic Goods Act, governs the commercialisation of drug technology in the State of Queensland. Enterprise are responsible for ensuring that any drugs commercialised comply with the requirements of this Act. Relevant Academic Clinic Lead, Health Group The University’s commercialisation is conducted by Griffith Enterprise, in close consultation with Legal Services. Both Griffith Enterprise and Legal Services are responsible for ensuring that in any commercialisation agreement, the licensees of the University’s compounds or vaccine candidates are required to obtain all necessary governmental regulatory approvals for each single country where rights to commercialise are granted. Director, GE This statement provides a national reference point for ethical considerations relevant to all research involving humans. The purposes of this statement are the protection of the welfare and rights of participants in research, and to facilitate research that is or will be of benefit to the researcher’s community or to humankind. The University has established an Human Research Ethics Committee in accordance with the National Statement on Ethical Conduct in Human Research 2007. Any use of humans in any respect for research within the University is subject to compliance with the statement, and approval by the committee. National Statement on Ethical Conduct in Human Research 2007 Head, Legal Services Director, OR As an educational institution conducting research involving humans, the University must comply with the general principles for the protection of the welfare and rights of participants in research and must establish a Human Ethics Committee. Nature Conservation Act 1992 (Queensland) An Act that provides for the conservation of nature including the management of protected areas. The University undertakes scientific research in protected areas in line with their obligations under the Act. Patents Act 1990 An Act that provides for the protection of the intellectual property rights embodied The University’s commercialisation is conducted by Griffith Enterprise, in close consultation with Legal Services. Both PVC (Sciences) Director, GE 14 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE (Commonwealth) in various inventions. The University is obliged to ensure that in commercialising the outcomes of research, that third party intellectual property rights embodied in patent applications or registered patents are not infringed. Griffith Enterprise and Legal Services have a clear understanding of this Act, and the obligation to clear freedom to operate, before commencing commercialisation of relevant technology. Head, Legal Services Plant Breeders Rights Act 1994 An Act that grants intellectual property rights in certain new varieties of plants and fungi to breeders of those varieties. The University has an Intellectual Property Policy which establishes the policy and procedures for the protection, commercialisation and disclosure or intellectual property. The University’s commercialisation is conducted by Griffith Enterprise, in close consultation with Legal Services. Both Griffith Enterprise and Legal Services have a clear understanding of this Act, and the obligation to clear freedom to operate, before commencing commercialisation of relevant technology. Director, GE The Act prohibits or strictly regulates the use of human embryos in research; xenotransplantation; work with genetically modified organisations, somatic gene therapy; and human cloning. The University has established a Human Research Ethics Committee in accordance with the National Statement on Ethical Conduct in Human Research 2007. The University requires researchers proposing to undertake research that involves interventions and therapies, including clinical and nonclinical trials, related to human tissue samples, human stem cells, human genetics and women who are pregnant and the human foetus, to obtain clearance from the Committee. Director, OR (Commonwealth) Prohibition of Human Cloning for Reproduction Act 2002 (Commonwealth) Head, Legal Services (limited to ethical approvals for research involving human tissues or categories of persons covered by this Act) Booklets 12, 13, 32 and 41 of the Griffith University Research Ethics Manual requires that researchers planning research in areas involving the use of human embryos in research; xenotransplantation; work with genetically modified organisations, somatic gene therapy; and human cloning to consult a Research Ethics Advisor before submitting an application for ethical clearance. Any application for ethical clearance involves demonstration of research merit and quality, benefit, 15 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE justice (including legality) and respect for participants before an ethics clearance will be granted. Quarantine Act 1908 (Commonwealth) An Act to protect Australia’s animal, plant and human health status. The University has an obligation to ensure that its research vessels comply with the requirements of the Act. PVC (Sciences) Griffith Sciences is responsible for all aspects of management of the University’s marine vessels. Therapeutic Goods Act 1989 (Commonwealth) An Act restricting the importation, export, manufacture or supply of therapeutic goods which are not registered on the Australian Register of Therapeutic Goods (or otherwise exempt from application of the Act in this respect). The University has established a Human Research Ethics Committee in accordance with the National Statement on Ethical Conduct in Human Research 2007. The University requires researchers proposing to undertake research that involves interventions and therapies, including clinical and nonclinical trials, related to human tissue samples, human stem cells, human genetics and women who are pregnant and the human foetus, to obtain clearance from the Committee. Director, OR Director, GE Head, Legal Services Booklet 12 of the Griffith University Research Ethics Manual addresses the application of the Act in relation to clinical trials and points out the registration obligation. The University’s commercialisation is conducted by Griffith Enterprise, in close consultation with Legal Services. Both Griffith Enterprise and Legal Services have a clear understanding of the Act, and are responsible for ensuring that in any commercialisation agreement, the licensees of the University’s compounds or vaccine candidates are required to obtain all necessary governmental regulatory approvals and registrations. Trademarks Act 1995 (Commonwealth) An Act that provides for the protection of the intellectual property rights embodied in trademarks. The University is obliged to ensure that in general and commercialising activities, that third party The University’s commercialisation is conducted by Griffith Enterprise, in close consultation with Legal Services. Both Griffith Enterprise and Legal Services have a clear understanding of this Act, and the obligation to conduct pertinent investigations, before commencing Director, GE Head, Legal Services 16 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION Transplantation & Anatomy Act 1979 (Queensland) Veterinary Surgeons Act 1936 (Queensland) Youth Justice Act 1992 and Youth Justice Regulation 2003 (Queensland) DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE intellectual property rights embodied in registered trademarks are not infringed. commercialisation of relevant technology using a particular brand or style, or research outputs that may infringe a registered trademark. The Act makes provision for and in relation to the removal of human tissues for transplantation, for post-mortem examinations, for the definition of deaths, for the regulation of schools of anatomy, and for related purposes. The University has an obligation to ensure that its researchers and teaching facilities comply with the requirements of the Act. The Act requires certain defined veterinary surgical procedures to be overseen by a registered veterinary surgeon. The University’s current position on compliance with this legislation is that animal research largely falls beyond the scope of veterinary surgery and practice as defined under the Act. Director, OR The Act’s objectives are to establish the basis for juvenile justice administration, establish a code for dealing with children who have, or have alleged to have committed a crime, establish and monitor court proceedings, rehabilitation and reintegration of children who commit crimes. The University has an obligation to ensure that researchers dealing with youth offenders comply with the requirements of this Act. Director, OR Director, OR PVC (Health) The University has established a Human Research Ethics Committee in accordance with the National Statement on Ethical Conduct in Human Research 2007. The University requires researchers proposing to undertake research that involves interventions and therapies, including clinical and nonclinical trials, related to human tissue samples, to obtain clearance from the Committee. PVC (AEL) The University has established a Human Research Ethics Committee in accordance with the National Statement on Ethical Conduct in Human Research 2007. The University requires researchers proposing to undertake research that involves children and young people as participants to obtain clearance from the Committee. Prior approval from the Committee must be obtained for any research involving humans, including young people, undertaken by the University. 17 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts C. FINANCE RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE A New Tax System (Australian Business Number) Act 1999 (Commonwealth) An Act establishing a register of Australian businesses through a system of business number registrations. The University has applied for and received an Australian Business Number (ABN: 78 106 094 461) Chief Financial Officer A New Tax System (Goods and Services Tax) Act 1999 An Act implementing a goods and services tax and requiring the provider of taxable supplies to collect, charge and remit GST to the Australian Taxation Office. Education is listed as GST-free, however, the legislation, as currently written, refers to award courses, adult and community education courses and professional and trade courses. Continuing professional development courses are not GST-free. The University provides a GST information page and a GST information service. It also publishes the Griffith University GST Taxation Guidelines. Chief Financial Officer An Act that establishes the Australian Charities and Not-for-Profits Commission (‘ACNC’) and a national regulatory system that promotes good governance, accountability and transparency to maintain, protect and enhance public trust and confidence in the not-for-profit sector. The University’s fundraising activities have been automatically registered with the ACNC and the University is required to meet the annual reporting, governance and external conduct requirements. An Act requiring the registration of charitable organisations and the authorisation of public appeals for money made by organisations that are not charitable organisations. The University’s fundraising activities have been granted sanction under this legislation. (Commonwealth) Australian Charities and Notfor-Profits Act 2012 (Commonwealth) Collections Act 1966 (Queensland) PFS is responsible for ensuring the University lodges Business Activity Statements with the Australian Taxation Office on a timely basis. Vice President (Corporate Services) Director, D&A Chief Financial Officer Director, D&A Head, Legal Services 18 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE Customs Act 1901 An Act relating to customers imposing an obligation to pay duties and levies on the import and export of goods and to ensure that only lawfully permitted goods and services are imported. The Griffith University GST Taxation Guidelines and the Financial Management Practice Manual specify procedures to be followed when exporting or importing goods on behalf of the University. Chief Financial Officer The Financial Accountability Act 2009 (the ‘Act’) sets out strategic legal obligations with which the University must comply, and deals with the financial administration of the University as well as the basic accountability requirements for the University (including requirements in relation to the preparation, presentation and auditing of the annual financial statements of the University) and mandates compliance by the University with the Financial and Performance Management Standard 2009, and the Financial Accountability Handbook. The University’s compliance obligations in relation to the Act, the Standard and the Handbook are underpinned by the University’s Financial Management Practice Manual together with the following policies, administered by the University’s Planning and Financial Services Group: Vice President (Corporate Services) (Commonwealth) Financial Accountability Act 2009 , Financial and Performance Management Standard 2009, and Financial Accountability Handbook (Queensland) The Financial and Performance Management Standard 2009 is issued by the Treasurer to accountable officers and statutory bodies with respect to the policies and principles to be observed in financial management; including planning, performance management, internal control and corporate management and the content of financial statements and annual reports, reinforcing accountability the University should have with respect to the development and use of efficient, Chief Financial Officer Assets Policy: The policy sets out the requirements for the acquisition, control, and disposal of University assets. The policy is consistent with the Financial and Performance Management Standard 2009. Administration and Reporting of University Shareholdings Policy: The policy outlines requirements for the administration and reporting of University shareholdings. University Credit Card Policy: This document sets out the Griffith University policy relating to use of the ANZ Visa Corporate Card. Financial Delegations Schedule: This document specifies the financial delegations and responsible authority for a range of financial related functions and activities, including the procurement of goods and services and conducting transactions. The delegations are consistent with the internal control structure requirements in the Financial and Performance Management Standard 2009 section 8 (1) (b) and the Financial Accountability Handbook – Information Sheet 2.2. 19 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY effective and economical internal controls in the management of financial resources. Authority to Sign Documents and Agreement Delegation Schedule: This schedule provides a list of delegations authorising officers to sign contracts and agreements. RESPONSIBILITY FOR ENSURING COMPLIANCE Hospitality Provided by the University: This policy sets out the circumstances under which hospitality expenditure may be incurred and guidelines which should be followed. Internal Charges Policy: This policy provides information on the application of internal charges for services provided across elements within the University. In instances that warrant the application of charges for the provision of services, internal charges may be approved in accordance with this policy and procedures detailed in the Financial Management Practice Manual. Investment Policy: This policy sets out the University's management and operation of the investment portfolio. Losses Policy: This policy sets out the actions to be taken when a loss is identified involving University assets. The policy is consistent with the requirements of the Financial and Performance Management Standard 2009 in relation to a statutory body. Motor Vehicle Policy: The University owns, leases and hires motor vehicles to conduct University business and for the provision of full private usage of vehicles to designated staff. This policy outlines the provision of University motor vehicles for business and private use. Gifts and Benefits Policy: The policy sets out the conditions under which gifts or benefits may be accepted or given by members of the University and the requirements in relation to recording certain gifts received or given. It does not apply to 20 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE corporate fund-raising activities undertaken through the Office of Development and Alumni. Purchasing Policy: This policy is consistent with the Financial and Performance Management Standard 2009 and sets out the broad requirements of the University with respect to all purchasing activities. Detailed requirements are set out in the associated Purchasing Procedures in the Financial Management Practice Manual. Special Payments Policy: The policy sets out the requirements associated with the recording of special payments (being exgratia payments, extra-contractual expenditure, out of court settlements and court ordered damages) and are consistent with the Financial and Performance Management Standard 2009. Travel Policy: The policy sets out the requirements for any person who travels or incurs travel related expenses while on Official University Business, or Academic Studies Program. Two primary committees have been established by Council to assist in ensuring that effective financial management of University resources occurs, being: • The Audit Committee. The Committee’s role is to assist the Vice Chancellor and President and the Council discharge financial management responsibilities imposed under the Financial Accountability Act 2009, Financial and Performance Management Standard 2009 and other relevant legislation; and • The Finance, Resources and Risk Committee. The Committee is responsible for assessing and advising Council on the University's financial position, its assets and liabilities and its strategies relating to income, budget allocations, and capital expenditure on electronic and physical infrastructure. 21 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE The day to day responsibilities have been delegated to the Vice Chancellor who in turn may delegate certain aspects to senior managers. Each manager delegated responsibility from the Vice Chancellor is required to manage their areas of responsibility efficiently, effectively and economically and institute internal controls to ensure that all expenditure is incurred for lawful purposes. Managers are responsible for ensuring that financial policies and procedures described in the Financial Management Practice Manual (FMPM) are implemented. The Office of Planning and Financial Services (PFS) is responsible for: • providing accurate and timely financial information; • preparing the University’s Annual Financial Statements in compliance with the legislation; • providing a comprehensive planning, accounting and financial service to the University; • disseminating instructions such as the Financial and Performance Management Standard 2009, the Financial Accountability Handbook and the State Procurement Policy into useable University policies and procedures; • ensuring position assessments and systems appraisals are undertaken as specified in the Financial and Performance Management Standard 2009, the Financial Accountability Handbook and this manual; and • preparing the University’s Financial Management Practice Manual (FMPM) and its periodic review to ensure that 22 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY contents remain current and consistent changing requirements. RESPONSIBILITY FOR ENSURING COMPLIANCE with The University also maintains an internal audit capacity. The Internal Audit Charter establishes the authority and responsibility conferred by the Council of Griffith University on the Internal Audit Office so that an effective internal auditing activity is provided to the University in accordance with the Financial Accountability Act 2009 and the Financial and Performance Management Standard 2009. The Internal Audit activity: • operates to all levels of University management in providing an independent review and assessment of the efficiency and effectiveness of University’s operations; • is established to assist all members of University management to achieve sound managerial control over all activities for which they are responsible, so that the activities are carried out efficiently, effectively and in accordance with established policies, plans and procedures. Internal Audit’s overall objective is to assist all levels of management including cost centres in the effective discharge of their responsibilities by providing independent and confidential analysis, appraisal, advice and recommendations concerning the activities reviewed. The Auditor reports functionally to the Audit Committee, is independent of any other section or officer of the University and derives authority from the University Council, the Financial Accountability Act 2009, and the Financial and Performance Management Standard 2009 (which requires the establishment of an effective internal audit activity). 23 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE Internal Audit coverage may extend to all areas of the University (other than academic activities). Fringe Benefits Tax Assessment Act 1986 (Commonwealth) An Act relating to the assessment and collection of fringe benefit tax. Fringe benefits tax is a Commonwealth tax levied on non-salary benefits provided by the University to employees or associates as part of their employment, in place of or in addition to salary and wages. PFS operates a Fringe Benefits Tax information page and has a documented fringe benefit tax procedure embedded in its Financial Management Practice Manual. PFS is responsible for ensuring that the University provides the required FBT return to the Australian Taxation Office. Chief Financial Officer An Act about income tax, the Higher Education Contribution Scheme and the Medicare Levy. The University is exempt from paying income tax although, as an employer, the University is responsible for ensuring appropriate tax instalments are withheld from the salaries and wages of employees and remitted to the Australian Taxation Office. The PAYG Income Tax procedures embedded in the Griffith University Financial Management Practice Manual inform the University’s compliance procedures in this area, so that the appropriate tax withholdings are remitted to the Australian Taxation Office. Chief Financial Officer The Act imposes a tax on employers in respect of certain wages. The University is obliged to pay payroll tax on all taxable wages and submits a monthly form and accompanying payment to the Office of State Revenue. Director, HRM An Act about the Public Trustee obliging the University to ensure unclaimed money The Griffith University Financial Management Practice Manual addresses disposal of current and non-current assets and does Chief Financial Officer Benefits are broadly defined to include any right, privilege, service or facility but to exclude payments of salary or wages, eligible termination payments or contributions to complying superannuation funds. Income Tax Assessment Act 1997 (Commonwealth) Payroll Tax Act 1971 (Queensland) Public Trustee Act 1978 Director, HRM 24 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY (Queensland) is identified and transferred to the Public Trustee. not specifically address the Public Trustee Act 1978. Any unclaimed money would be identified in the audited accounts of the University and dealt with, if not otherwise in accordance with the Griffith University Financial Management Practice Manual, then by transfer to the Public Trustee. Social Security (Administration) Act 1999 The Act provides for the administration of the social security law and the University is obliged, by the Act, to provide Centrelink details of student enrolments so they can determine eligibility for social security payments. The University’s reporting obligations are administered through collaboration between PFS and Academic Administration. Academic Registrar The State Purchasing Policy (or SPP) is given a measure of legal force under the Financial and Performance Management Standard 2009 (the Standard) (subordinate legislation made pursuant to the Financial Accountability Act 2009) which requires departments and statutory bodies to comply with the SPP in developing an expense management system and financial management practice manual. The policy obliges agencies to conduct their purchasing activities to advance government priorities while achieving value for money with probity and accountability. The University has a purchasing policy consistent with the State Purchasing Policy and the Financial and Performance Management Standard 2009 and sets out the broad requirements of the University with respect to all purchasing activities. Detailed requirements are set out in the associated Purchasing Procedures in the Financial Management Practice Manual. Chief Financial Officer The Act establishes the banking arrangements for statutory authorities including investing, borrowing and derivatives trading. The University’s Investment Policy covers compliance requirements in relation to investing, borrowing and derivatives. Chief Financial Officer (Commonwealth) State Purchasing Policy (Queensland) Statutory Bodies Financial Arrangements Act 1992 and Regulations 2007 RESPONSIBILITY FOR ENSURING COMPLIANCE Chief Financial Officer 25 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE The Act establishes offences in relation to the handling of tax file numbers. The University is obliged to handle tax file numbers in accordance with the Tax File Number Guidelines 1992 and Student Administration and HRM have systems in place to ensure compliance. Academic Registrar The Act establishes requirements in relation to the assessment and payment of state based taxation such as payroll and land tax. The University is obliged to meet state taxation charges as specified in the Act. Chief Financial Officer (Queensland) Taxation Administration Act 1953 and the Tax File Number Guidelines 1992 (Commonwealth) Taxation Administration Act 2001 and Regulation 2002 (Queensland) Director, HRM 26 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts D. HUMAN RESOURCES RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE Anti-Discrimination Act 1991 The Act promotes equality of opportunity by proscribing unfair discrimination and sexual harassment. The University, as an employer, has an obligation to provide a discrimination and harassment free environment, to ensure that employees, students, agents and contractors are aware of these responsibilities and an obligation to act appropriately if discrimination or harassment occurs. The University recognises the right of all students and staff to work and study in an environment free from harassment, bullying and unlawful discrimination. To this end it has an Equal Opportunity Employment Policy, Harassment, Bullying and Discrimination Policy and a range of equity toolkits available on-line. Academic Registrar An Act to establish a Commission for Children and Young People to promote and protect the rights, interests and wellbeing of children in Queensland. Griffith University is a “regulated business” as defined in the Act and clarified by the Office of the Premier, and consequently the University has an obligation to apply to the Commission for suitability notices for Council members. Certain staff and students may also be in “regulated employment” as defined in the Act. (Queensland) Commission for Children and Young People Act 2000 (Queensland) Director, HRM The University also has an Aboriginal and Torres Strait Islander Advisory Committee and an Equity Committee. Policy instruments promulgated by the University to ensure compliance with the Anti-Discrimination Act 1991 include the Equity and Diversity Plan and the Indigenous Australian employment strategy. Vice President (Corporate Services) Relevant PVC in relation to practical or clinical training placements With respect to staff, the Act provides that the University does not need to apply for suitability notices for employees employed prior to 1 May 2001 provided that Griffith does not know or suspect that the employee has a criminal history that would make them unsuitable for child-related employment. With respect to staff employed after 1 May 2001, the University’s obligation is to apply for suitability notices for all teaching staff who are not registered teachers. Griffith need 27 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE only obtain suitability notices for general staff if they are involved in child-related employment. Students undertaking practical training in private hospitals (public hospitals are exempt from this legislation) or in schools (whether public or private), need to be screened. The hospital or school, not the University, is the “employer” and is therefore obliged to apply to the Commission for suitability notices. The University’s obligation is to provide information to its students about the requirement to obtain suitability notices and to tell them what information they need to provide to the hospitals or schools. Dangerous Goods Safety Management Act 2001 (Queensland) An Act about the safe management of storage and handling of hazardous materials. The University must ensure that it stores and handles hazardous material properly to ensure the safety of people and the environment. The University has a responsibility to ensure the workplace health and safety of each of its employees, and to ensure that other persons (such as students, visitors, contractors) are not exposed to risks to their health and safety arising out of the University's activities. The University also recognises the importance of a healthy and safe work and study environment for the well-being and productivity of staff and students, and as a principle of business sustainability. Vice President (Corporate Services) Director, HRM To this end, the University has an overarching Health and Safety Policy supported by the University’s Safety Management System Framework. The H&S Operational Unit within OHRM provides a range of training activities including Biological Safety, Chemical Safety, Radiation Safety, Machine & Noise Safety and Clinical & Related Waste Management. All new staff members undertake a range of workplace health and safety training, including on-line induction in workplace safety and ergonomics. There are laboratory workshop and chemical stores policies and checklists, written guidelines, 28 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE procedures and checklists relating to fieldwork generally, as well as specific material addressing a range of activities such as chemical handling, electrical safety and diving. Regular inspections and sampling audits are conducted and risk management and assessment tools for managers are distributed through the University’s intranet site. An important part of the University’s health and safety arrangements is the use of Risk Registers to identify particular kinds of risks and to document mitigation strategies. A statement on the University’s approach to Risk Registers titled “Health & Safety Risk Management” has been approved by the University Executive. The University employs a Bio-Safety Coordinator, a Radiation Safety Coordinator, a Chemical Safety Coordinator and a Laser Safety Advisor. Disability Discrimination Act 1992 (Commonwealth) Equal Opportunity for Women in the Workplace Act 1999 (Commonwealth) An Act relating to discrimination on the grounds of disability. The University is obliged to provide an environment where people with a disability are free from unlawful discrimination and are provided with reasonable accommodation to ensure access and progress. The University has an “Inclusive Practices for People with Disabilities Policy” and a “Students with Disabilities Policy”. An Act to require certain employers to promote equal opportunities for women in employment. The University has an Equity and Diversity Plan, and an Equity Committee. Academic Registrar Director, HRM Director, Campus Life Director, HRM Staff Consultative Committees have been established to facilitate the implementation of the Academic and General Staff Enterprise Agreements. 29 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE Fair Work Act 2009 and Fair Work Rules 2010 This Act sets a national workplace relations framework, together with an obligation to provide a minimum level of working conditions for Australian workers. Terms and conditions of employment are covered by the University’s enterprise agreements for academic and general staff. Academic Provost (Commonwealth) An enterprise agreement is an agreement negotiated between the University and a group of staff. Vice President (Corporate Services) Director, HRM The University documents its work integrated student learning placements so it is clear that students on work placement are not employees and are covered by minimum working conditions. Health Insurance Act 1973 (Commonwealth) Paid Parental Leave Act 2010 (Commonwealth) Public Sector Ethics 1994 (Queensland) An Act providing for payments by way of medical benefits and payments for hospital services and for other purposes. Policies and procedures have been established for the operation of the University’s Health Services. Academic Registrar An Act to provide for the provision of paid parental leave. A system of staff entitlements has been established through the applicable staff enterprise agreements. Director, HRM The Public Sector Ethics Act 1994 (Qld) outlines public sector ethics values as integrity and impartiality, promoting the public good, commitment to the system of government and accountability and transparency. Public Sector entities are required to have a code of conduct reflecting the public sector ethics values and the requirements of the Act. The University is required to have a Code of Conduct under the Queensland Public Sector Ethics Act 1994 (Act). The Act sets out the ethical obligations which provide the basis for Codes of Conduct for public officials. The University expects that all staff will behave professionally and with respect and consideration for others, including staff who report to them, colleagues, students and internal customers. Vice President (Corporate Services) Staff and individuals acting on behalf of the University are required to conduct their duties according to the Code as part of their employment/attachment with the University. Persons covered by this Code are also to act in accordance with University policies, including the Conflict of Interest Policy. 30 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE Racial Discrimination Act 1975 An Act relating to the elimination of racial and other discrimination. The University recognises the right of all students and staff to work and study in an environment free from harassment, bullying and unlawful discrimination. To this end it has an Equal Opportunity Employment Policy, Harassment, Bullying and Discrimination Policy and a range of equity toolkits available on-line. Academic Registrar (Commonwealth) Director, HRM The University also has an Aboriginal and Torres Strait Islander Advisory Committee and an Equity Committee. Policy instruments promulgated by the University to ensure compliance with the Anti-Discrimination Act 1991 include the Equity and Diversity Plan and the Indigenous Australian employment strategy. Radiation Safety Act 1999 (Queensland) An Act to provide for the control of ionising radiation and harmful nonionising radiation. The University has a responsibility to ensure the workplace health and safety of each of its employees, and to ensure that other persons (such as students, visitors, contractors) are not exposed to risks to their health and safety arising out of the University's activities. The University also recognises the importance of a healthy and safe work and study environment for the well-being and productivity of staff and students, and as a principle of business sustainability. Vice President (Corporate Services) PVC (Health) PVC (Sciences) Director, HRM To this end, the University has an overarching Health and Safety Policy supported by The University’s Safety Management System Framework. The H&S Operational Unit within OHRM provides a range of training activities including Biological Safety, Chemical Safety, Radiation Safety, Machine & Noise Safety and Clinical & Related Waste Management All new staff members undertake a range of workplace health and safety training, including on-line induction in workplace safety and ergonomics. There are laboratory workshop and 31 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE chemical stores policies and checklists, written guidelines, procedures and checklists relating to fieldwork generally, as well as specific material addressing a range of activities such as chemical handling, electrical safety and diving. Regular inspections and sampling audits are conducted and risk management and assessment tools for managers are distributed through the University’s intranet site. An important part of the University’s health and safety arrangements is the use of Risk Registers to identify particular kinds of risks and to document mitigation strategies. A statement on the University’s approach to Risk Registers titled “Health & Safety Risk Management” has been approved by the University Executive. The University employs a Bio-Safety Coordinator, a Radiation Safety Coordinator, a Chemical Safety Coordinator and a Laser Safety Advisor. The University is also obliged to obtain licences for possession and use of radiation sources. It must also store and handle radiation sources properly to protect people from exposure. The University’s Hazard and Risk Management structure Laboratory, Workshop, Chemical Stores and Studio Health & Safety Inspection Checklist addresses radiation compliance. Various schools (e.g. Dentistry) also require the production of appropriate licences as a precondition to undertaking relevant courses. Sex Discrimination Act 1984 (Commonwealth) An Act relating to discrimination on the basis of sex, gender, sexual preference, marital status, pregnancy, potential pregnancy or family responsibilities. The University has a well-established Equity and Diversity Plan and an Equity Committee. Director, HRM 32 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE The University has addressed sexual orientation and inter-sex issues specifically along with sex and gender discrimination in a range of existing policies. Staff Consultative Committees have been established to facilitate the implementation of the Academic and General Staff Enterprise Agreements. Superannuation Guarantee (Administration) Act 1992 and Superannuation Guarantee Charge Act 1992 The Superannuation Guarantee (Administration) Act 1992 is an Act relating to the establishment and administration of the Superannuation Guarantee Scheme. As an employee, the University must pay the 9% minimum superannuation to all staff eligible under the Act. The Superannuation Guarantee Charges Act 1992 imposes a charge on any shortfall in contributions. The University’s Enterprise Agreements reflect the University’s obligations to pay above the minimum superannuation to all eligible staff. This Act provides the machinery for the establishment of QSuper, a superannuation scheme for the Queensland Public Sector. The University has in place, through the Office of HRM, processes to ensure compliance with QSuper requirements. Director, HRM Tertiary Education Superannuation Scheme Award 1988 As a signatory to the TESS Award, the University is obliged to ensure superannuation contributions are paid to UniSuper. The University’s Enterprise Agreements reflect the University’s obligations to pay superannuation to UniSuper, for the benefit of all eligible staff. Director, HRM UniSuper Trust Deed This is the document governing UniSuper, the superannuation scheme for staff of Australian Universities. As an employee, The University’s Enterprise Agreements reflect the University’s obligations to pay above the minimum superannuation to UniSuper, for the benefit of all eligible staff. Director, HRM (Commonwealth) Superannuation (State Public Sector) Act 1990 (Queensland) Director, HRM The Office of HRM ensures that at least the minimum level of superannuation is paid to staff not covered by Enterprise Agreements. 33 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION Workers Compensation & Rehabilitation Act 2003 (Queensland) Work Health and Safety Act 2011 (Queensland) DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE the University must deduct and remit superannuation contributions. The Office of HRM ensures that at least the minimum level of superannuation is paid to staff not covered by Enterprise Agreements. The Act establishes a workers’ compensation scheme for Queensland workers. As an employee, the University is obliged to pay a premium to WorkCover Queensland for workers’ compensation insurance. The University is also required to provide workplace rehabilitation policies and procedures. The University contributes to WorkCover premiums and has a dedicated Workplace Health and Safety Rehabilitation Coordinator. The University’s website states the University’s legal obligation to take all reasonable steps to provide an injured worker with rehabilitation while he/she is being paid workers' compensation, states that workers are legally obliged to participate in appropriate rehabilitation while receiving compensation, and provides contact details for the Rehabilitation Coordinator. Director, HRM An Act about workplace health and safety, obliging employers and employees to comply with a range of standards relating to workplace health and safety. In 2008, Workplace Relations Ministers from around Australia agreed to nationally harmonise work health and safety (WHS) laws. On 26 May 2011 Queensland Parliament passed the Work Health and Safety Act 2011 (the WHS Act 2011). The WHS Act 2011 reflects the national model WHS Act with minor (but necessary) changes which enable it to operate within the Queensland jurisdiction. The University has a responsibility to ensure the workplace health and safety of each of its employees, and to ensure that other persons (such as students, visitors, contractors) are not exposed to risks to their health and safety arising out of the University's activities. The University also recognises the importance of a healthy and safe work and study environment for the well-being and productivity of staff and students, and as a principle of business sustainability. Executive Group Director, HRM Director, Campus Life (in relation to construction & Campus Life activities) To this end, the University has an overarching Health and Safety Policy supported by The University’s Safety Management System Framework. The H&S Operational Unit within OHRM provides a range of training activities including Biological Safety, Chemical Safety, Radiation Safety, Machine & Noise Safety and Clinical & Related Waste Management. All new staff members undertake a range of workplace health and safety training, including on-line induction in workplace safety and ergonomics. There are laboratory workshop and 34 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE chemical stores policies and checklists, written guidelines, procedures and checklists relating to fieldwork generally, as well as specific material addressing a range of activities such as chemical handling, electrical safety and diving. Regular inspections and sampling audits are conducted and risk management and assessment tools for managers are distributed through the University’s intranet site. An important part of the University’s health and safety arrangements is the use of Risk Registers to identify particular kinds of risks and to document mitigation strategies. A statement on the University’s approach to Risk Registers titled “Health & Safety Risk Management” has been approved by the University Executive. 35 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts E. ORGANISATION AND RESOURCES RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE Autonomous Sanctions Act 2011 The Act, with the Autonomous Sanctions Regulations 2011 and the United Nations Act 1945 and regulation 20 of the Charter of the United Nations (Dealing with Assets) Regulation 2008 giving legal force to sanctions, restricting transfer of technology, goods, services and provision of financial assistance to a range of countries and certain persons. Sanctions potentially apply to a range of activities of the university such as: enrolment of international students in any postgraduate research program or course; research projects undertaken by visiting academics who are not Australian citizens; research collaborations with academics or organisations not Australian citizens; technology or material transfers to sanctioned countries or individuals; and undertaking consultancies or engaging in private practice for or with sanctioned countries or individuals. The University has implemented formal and documented procedures to ensure that all dealings with international counterparties subject to a sanctions regime are vetted and, if found to be subject to sanctions, permitted or declined. Senior DVC The Act obliges the registration of names under which various types of entities, including the University, conduct business. Endeavours which involve the University developing a business name are referred to Legal Services. Legal Services initiate the registration of the relevant business name. Legal Services conduct renewals of business names on an annual basis. Head, Legal Services An Act relating to the census and statistics of the Commonwealth requiring the University to report to the Federal Government on a regular basis on student load, research output and staff numbers. Planning & Financial Services reports the required data. Chief Financial Officer (Commonwealth) Business Names Act 1962 (Queensland) Census and Statistics Act 1905 (Commonwealth) Vice President (Corporate Services) PVC (International) Director, GE 36 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE Competition and Consumer Act 2010 An Act to enhance the welfare of Australians through the promotion of competition and fair trading and provision for consumer protection (particularly by making unfair standard form contracts subject to judicial review). The University must ensure its activities are free from restrictive trade practices, unconscionable conduct or misleading or deceptive conduct, agreements with competitors that restrict competition, constitute cartel conduct or misuse of market power. The University’s Office of Marketing and Communications supports the marketing and communication objectives of the University's Schools, individual campuses, research, commercial and administrative service units, including by vetting promotional and advertising materials to ensure the veracity of information disseminated. The University’s contractual engagements and commercialisation activities are vetted through Legal Services to ensure the University is not engaging in cartel behaviour or restrictive trade practices. Vice President (Corporate Services) This Act regulates the incorporation and operations of companies. It also regulates raising of capital and provision of financial services. As an exempt public authority, the University itself, as a body corporate is not governed by this Act, but its controlled entities may be so bound. Commercialisation activities may also be regulated by the fundraising and financial services provisions of the Act. Griffith Enterprise are therefore responsible for identifying and referring any relevant issues to Legal Services, who have an extensive understanding of the provisions of this Act. Vice President (Corporate Services) The requirements of the Act are reflected in the University’s Staff Code of Conduct and, the possibility of circumstances arising in the University context being referred to the Crime and Corruption Commission, are reflected in the Staff Enterprise Agreements. Vice President (Corporate Services) (Commonwealth) Corporations Act 2001 (Commonwealth) Crime & Corruption Act 2001 (Queensland) The main purpose of these Act is to combat and reduce the incidence of major crime and to reduce the incidence of corruption in the public sector. Director, OMC Head, Legal Services The University considers that, given the nature of its operations, it does not have any contracts which fall within the definition of a standard form contract, as defined by the legislations. Director, GE Head, Legal Services University Council has approved the “Complaints about the Vice Chancellor: Section 48A of the Crime and Corruption Act 37 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE 2001” policy for dealing with allegations against the CEO under s48A of the Crime and Corruption Act 2001. Chemical Weapons (Prohibition) Act 1994 (Commonwealth) Defence Trade Controls Act 2012 (Commonwealth) Fair Trading Act 1989 (Queensland) This Act gives effect to certain obligations that Australia has as a party to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their destruction. It prohibits development, use, export and supply of goods and services (including training) relating to weapons of mass destruction and their precursors. The requirements of the Act impact upon the University’s enrolment of students from particular countries in given courses. It also impacts enrolments in postgraduate research. This Act regulates dealings in items listed in the Defence and Strategic Goods List (the DSGL) and in items covered by the Defence Trade Cooperation Treaty between Australia and the United States of America. The Act makes it an offence to supply relevant technology or publish details about relevant technology outside of Australia without a permit. The scope of application of the Act in the University Sector (and particularly its application to academic publications) is currently the subject of review. The compliance obligations under the Act are currently in a transition period. The University has established a Defence Trade Controls Working Group to monitor developments and implement appropriate governance controls when the final scope of impact of the Act upon the university's activities becomes clear. Senior DVC An Act to introduce the Australian Consumer Law (as discussed above under Competition and Consumer Act 2010) into Queensland Law. Discussed above under Competition and Consumer Act 2010. Vice President (Corporate Services) The University’s publications, technology transfers and material transfer arrangements are also subject to controls imposed by this legislation. Senior DVC Vice President (Corporate Services) PVC (International) Director, GE The University has implemented formal and documented on development of, and dealings with chemical weapons, weapons of mass destruction and their precursors. Vice President (Corporate Services) PVC (International) Director, GE Director, OMC Head, Legal Services Griffith University Act 1998 (Queensland) An Act about Griffith University. As a statutory corporation established under this Act, the University is obliged to act in University Council is established in accordance with the Act and meets regularly. The Corporate Governance and Academic Services units are responsible for committee management, Vice President (Corporate Services) 38 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION Judicial Review Act 1991 (Queensland) Migration Act 1958 (Commonwealth) Public Health Act 2005 (Queensland) DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE accordance with this Act. Chiefly the Act establishes structures, the ability to make University Statutes, positions and provisions for financial arrangements. The University is obliged to ensure its structure reflects the requirements of the Act. maintaining a database of Committee Members, establishing a schedule of meeting dates, times and venues for committees, providing advice and training on the format of committee agendas, minutes and attachments, providing administrative support to the Group Boards and Group Pro Vice Chancellors, and updating and maintaining the legislation and rules of the University which comprise the University’s Policy Library. An Act relating to the review of certain administrative decisions, and for the reform of procedures relating to judicial review at Common Law. The University is subject to the Act which allows a person aggrieved by certain decisions of an administrative nature to demand a written statement of reasons. The Vice President (Corporate Services) deals with applications for statement of reasons. Vice President (Corporate Services) An Act relating to the entry into, and presence in Australia of aliens, and the departure or deportment of aliens from Australia. As an employer, the University is obliged to ensure compliance with the provisions of the Act in relation to employment contracts offered to prospective staff. As a provider of educational services to international students, the University is obliged to monitor student visa compliance and to report on compliance to the Department of Immigration and Citizenship. The University asks prospective employees to complete a form indicating their citizenship. Griffith International monitors student enrolments to determine and report students who are in breach of their visa requirements. PVC (International) An Act to protect and promote the health of the Queensland public by mandating the reporting of certain diseases to the State Communicable Diseases Unit. The University is required to report certain diseases in the interests of public health and to comply with the requirements of the Act. Vice President (Corporate Services) Director, HRM 39 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE Public Interest Disclosure Act 2010 An Act to protect those who make disclosures in the public interest. As a public sector entity established by an Act of Parliament (the Griffith University Act 1998), the University is subject to the Act and obliged to ensure that persons making disclosures are protected from reprisal and to keep records of disclosures made. The Office of the Vice President (Corporate Services) is the University's central contact point for the receipt, assessment and recording of all public interest disclosures. The University has a public interest disclosure policy reflecting the requirements of the Act. Vice President (Corporate Services) This Act, with the Autonomous Sanctions Regulations 2011 and the United Nations Act 1945 and regulation 20 of the Charter of the United Nations (Dealing with Assets) Regulation 2008 gives legal force to sanctions, restricting transfer of technology, goods, services and financial assistance to a range of countries and their citizens Sanctions potentially apply to a range of activities of the university such as: enrolment of international students in any post-graduate research program or course; research projects undertaken by visiting academics who are not Australian citizens; research collaborations with academics or organisations not Australian citizens; technology or material transfers to sanctioned countries or individuals; and undertaking consultancies or engaging in private practice for or with sanctioned countries or individuals. Senior DVC (Queensland) Charter of the United Nations Act 1945 and the Charter of the United Nations (Dealing with Assets) Regulation 2008 Vice President (Corporate Services) PVC (International) The University has implemented formal and documented procedures to ensure that all dealings with international counterparties subject to a sanctions regime are vetted and, if found to be subject to sanctions, permitted or declined. 40 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts F. FACILITIES AND ENVIRONMENT RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE Aboriginal Cultural Heritage Act 2003 An Act to provide effective recognition, protection, and conservation of Aboriginal Cultural Heritage. Aboriginal Cultural Heritage issues are managed by the University’s dedicated facilities management group, Campus Life, in conjunction with input from Legal Services and, often, external lawyers who act as project advisors. Vice President (Corporate Services) (Queensland) Director, Campus Life Head, Legal Services Building Act 1975 and the Building Code (Queensland) An Act about the imposition of laws and standards to building works, requiring approval of plans and post-completion certification of structures. All building work undertaken by the University must conform to the Building Code of Australia. Commonwealth and Queensland legislation impose a raft of requirements upon facilities used in a public context, such as those operated by the University. The core of this regulation is managed around the Queensland Integrated Development Application System (‘IDAS’) which facilitates the granting of zoning and building approvals for new buildings and developments, and also approvals for material changes of use of buildings, material escalations in scale or intensity of use of buildings and reconfigurations of lots. Director, Campus Life Head, Legal Services At any given time, the University will have a range of building and development projects which will involve complex assessment of relevant zoning and planning codes, building codes, vegetation and biodiversity management requirements and impact assessment. These issues are managed by the University’s dedicated facilities management group, Campus Life, in conjunction with input from Legal Services and, often, external lawyers who act as project advisors. The relevant developments are then permitted either through the IDAS or, in the case of projects of State or regional significances, permitting is delegated to the Queensland CoordinatorGeneral under the State Development and Public Works Organisation Act 1972 (‘SDPWO’). 41 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE Campus Life and Legal Services between them have a rigorous understanding of permitting requirements and processes in this respect, and all new buildings and developments, and also material changes of use of buildings, material escalations in scale or intensity of use of buildings and reconfigurations of lots are managed, at least initially, through these University elements. The scope of allowable and lawful usage of University facilities is appropriately limited through a clearly enunciated and communicated University Site Use Policy, reinforcing the powers to exclude and control which are granted by the Griffith University Act 1998. Building and Construction Industry (Portable Long Service Leave) Act 1991 (Queensland) Childcare Act & Regulations 2002 (Queensland) Electrical Safety Act 2002 An Act requiring notification of nominated building work and contract cleaning activities and payment of portable long service leave levies to QLeave. The Planning, Design and Construction Section of Campus Life, is responsible for delivering new capital works and refurbishment and alteration to existing facilities, and is correspondingly responsible for making the relevant notifications. Director, Campus Life The Act and its regulations establishes a licensing system for child care facilities, regulates the manner in which child care facilities are conducted and sets standards for persons providing child care. The Boronia and Tallowwood Childcare Centres are both accredited by the National Child Care Accreditation Council and licensed by the State Department of Communities. Director, Campus Life An Act about Electrical Safety. The University is obliged to provide an environment which is electrically safe. The University has an electrical safety policy for ensuring electrical safety within the workplace. Griffith University buildings and electrical infrastructure are under the control of Campus Life and this element is responsible for the appropriate testing of those systems. The Vice (Queensland) 42 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE Chancellor, Deputy Vice Chancellors, Pro Vice Chancellors, Deans, and Heads of Elements are responsible for general and electrical safety in their own areas and the workplaces of their general and academic staff. Electricity Act 1994 (Queensland) Environment Protection and Biodiversity Conservation Act 1999 (Commonwealth) Environmental Protection Act 1994 (Queensland) The Act and its regulations address the supply of electricity and the structure of the electricity generation and transmission and retail sectors in the State of Queensland. Under the regulations, Griffith University has an obligation to ensure that its use of electricity or an electrical article does not unreasonably interfere with the supply of electricity to other customers. The Regulations also impose various standards relating to customers’ electrical installations. The University’s dedicated facilities management group, Campus Life, is responsible for overseeing the University’s facilities, responding to maintenance requests and ensuring that development projects comply with all applicable codes. Director, Campus Life An Act implementing a Commonwealth environmental permitting system in relation to RAMSAR wetlands, developments impacting biodiversity values and matters of national environmental significance. Campus Life and Legal Services between them have a rigorous understanding of permitting requirements and processes in this respect. Director, Campus Life The Environmental Protection Act 1994 imposes a duty of general environmental care and also requires a permit to be obtained by those conducting environmentally relevant activities (or While the University’s activities are not generally of the nature of ERAs (noisome, bothersome or involving emission of contaminants and the like), the University will, from time to time, be involved in temporary ERAs in the disposal of hazardous waste and in its building and construction Director, Campus Life Head, Legal Services 43 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION Environmental Protection Waste Management Regulation 2000 (Queensland) Environmental Protection (Waste Management) Policy 2000 (Queensland) Fire & Rescue Services Act 1990 (Queensland) DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE ‘ERA’s) which are specified in a schedule to the Environmental Protection Act 1994. endeavours (which are ERA permitted through the IDAS or SDPWO processes discussed above). Subordinate legislation under the Environmental Protection Act 1994, the Environmental Protection Waste Management Regulation 2000 includes management requirements for specific waste, such as clinical and related waste, regulated waste tracking and local government administration of waste management activities. The University is required to abide by and conform to the Government’s waste reforms as the new waste strategy aims to help reduce the dependence on landfill as the first choice for waste management. A waste disposal levy is charged to landfill operators for its construction demolition and hazardous wastes. Director, Campus Life The Environmental Protection (Waste Management) Policy 2000 outlines requirements for state and local governments to prepare and implement strategic waste management plans and introduces the waste management hierarchy into legislation. The University needs to be aware of and monitor strategic waste management plans applicable to its campuses. Director, Campus Life The Act establishes the Queensland Fire and Rescue Service and provides for the prevention of and response to fires. The University is obliged to provide fire and evacuation plans, maintain fire and evacuation exits, alarms and extinguishers. The University has a comprehensive system of Building Fire Safety Management Plans which comply with the relevant legislation and with the Australian Standard 3745 – Emergency Control Organisation and Procedures for Buildings, Structures and Workplaces. These plans are maintained and regularly reviewed by the University Fire Officer. Vice President (Corporate Services) Director, Campus Life Director, HRM Campus Life (Engineering Services) is also responsible for ensuring that all campus buildings are regularly checked for 44 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE compliance with state and local government ordinances, including fire safety requirements. Annual Fire Safety Training is mandatory for all staff. Food Act 2006 & Regulations 2006 The Act regulates food preparation and safety. The management of Griffith Food is accredited as Gold Licence Caterers which involves independent certification of facilities, food preparation (which is overseen by a senior person with a Safe Food Handling Certificate and a Responsible Service of Alcohol Certificate). Director, Campus Life Legislation relating to the administration and management of non-freehold land and deeds of grant in trust. As a substantial amount of the land occupied by the University is Crown Land issued under deed of grant in trust, the University must comply with this Act in terms of the use and management of this land. The scope of allowable and lawful usage of University facilities is appropriately limited through a clearly enunciated and communicated University Site Use Policy. Vice President (Corporate Services) The University must comply with the Act when buying, selling and leasing freehold lands. Vice President (Corporate Services) (Queensland) Land Act 1994 (Queensland) Land Title Act 1994 (Queensland) Legislation relating to the administration and management of freehold land. Director, Campus Life Head, Legal Services Head, Legal Services Liquor Act 1992 and Liquor Regulation 2002 (Queensland) National Greenhouse and Energy Reporting Act 2007 (NGER Act) The Act is established to regulate the operation of licensed premises and sale and supply of liquor. The management of Griffith Food is responsible for the service of alcohol by their employees and the responsible management of licensed venues on the various campuses, ensuring minimal impact on the community through continuous risk assessment. Director, Campus Life The University must comply with the Act by reporting Scope 1 and Scope 2 energy consumption and emissions as a The University must nominate a staff member to act as the primary contact. The data must be entered into the Online System for Comprehensive Activity Reporting (OSCAR) and a final report generated for signing by the CEO. The final signed Director, Campus Life 45 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY (Commonwealth) corporation by 31 October each year for the current financial year ending. hard copy of the report shall be forwarded to the Department of Climate Change and Energy Efficiency. Native Title (Queensland) Act 1993 with the Native Title Act 1993 (Commonwealth) The Acts together provide for the recognition and protection of native title rights, as well as the validation of various acts of extinguishment of native title. The Acts oblige Griffith University, as a biodiscovery entity to negotiate with the native title holders, if a biodiscovery exercise is occurring on land which is, or may be subject to, unextinguished native title. The University has also entered into Indigenous Land Access Agreements with a number of native title holding groups where biodiscovery exercises have required this. RESPONSIBILITY FOR ENSURING COMPLIANCE Vice President (Corporate Services) Director, Campus Life Head ,Legal Services There is also potential for the University to be obliged to negotiate Indigenous Land Use Agreements in relation to buildings and material changes of use in areas where there may be unextinguished native title (such as previously unallocated State Lands or buildings on creek and river beds and banks). These issues are managed by the University’s dedicated facilities management group, Campus Life, in conjunction with input from Legal Services and, often, external lawyers who act as project advisors. Personally Controlled Electronic Health Records Act 2012 (Commonwealth) Queensland Heritage Act 1992 (Queensland) This Act establishes a voluntary national system for the provision of access to health information relating to consumers of healthcare. It controls the manner in which healthcare providers may access and use electronic healthcare records. The University’s Student Services clinics at Nathan and Gold Coast have elected to access the PCEHR system. The clinics software and practices are registered with Medicare and as part of the eHealth initiatives. Academic Registrar The Act establishes a register of protected State heritage places, archaeological places and protected areas and applies protection to those places and areas. Campus Life and Legal Services between them have a rigorous understanding of the requirements of the Act and consider the requirements of the Act in undertaking new buildings and developments, and also in considering material changes of use Director, Campus Life Relevant Academic Clinic Lead, Health Group Head, Legal Services 46 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE of buildings, material escalations in scale or intensity of use of buildings and reconfigurations of lots. Retail Shop Leases Act 1994 (Queensland) Security Providers Act 1993 (Queensland) Sustainable Planning Act 1997 (Queensland) The Act regulates the manner in which retail shop leases are entered into; ensuring tenants have the opportunity to obtain independent advice, and the banning of a range of clauses which particularly favour the landlord. The University ensures compliance with its obligations in relation to leasing of retail space on its campuses (under the Retail Shop Leases Act 1994) by outsourcing its leasing to external lawyers. Vice President (Corporate Services) The Act requires security providers to be licensed. As an employee of security providers, the University is obliged to ensure that all security staff are licensed, and security officer interviewees are asked to produce their licence before being offered employment. Director, Campus Life An Act establishing a framework for assessment of planning and development applications (‘IDAS’). Commonwealth and Queensland legislation impose a raft of requirements upon facilities used in a public context, such as those operated by the University. The core of this regulation is managed around the Queensland Integrated Development Application System (‘IDAS’) which facilitates the granting of zoning and building approvals for new buildings and developments, and also approvals for material changes of use of buildings, material escalations in scale or intensity of use of buildings and reconfigurations of lots. Vice President (Corporate Services) Director, Campus Life Director, Campus Life Head, Legal Services At any given time, the University will have a range of building and development projects which will involve complex assessment of relevant zoning and planning codes, building codes, vegetation and biodiversity management requirements and impact assessment. These issues are managed by the University’s dedicated facilities management group, Campus Life, in conjunction with input from Legal Services and, often, external lawyers who act as project advisors. 47 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE The relevant developments are then permitted either through the IDAS or, in the case of projects of State or regional significances, permitting is delegated to the Queensland Coordinator-General under the State Development and Public Works Organisation Act 1972 (‘SDPWO’). Campus Life and Legal Services between them have a rigorous understanding of permitting requirements and processes in this respect, and all new buildings and developments, material changes of use of buildings, material escalations in scale or intensity of use of buildings and reconfigurations of lots are managed, at least initially, through these University elements. The scope of allowable and lawful usage of University facilities is appropriately limited through a clearly enunciated and communicated University Site Use Policy, reinforcing the powers to exclude and control which are granted by the Griffith University Act 1998. Transport Operations (Marine Safety) Act 1994 (Queensland) An Act that provides a system by which to regulate the maritime industry to ensure marine safety. The University is required to follow the general safety obligations as outlined in the Act to ensure the seaworthiness and other aspects of marine safety are complied with. PVC (Sciences) Griffith Sciences is responsible for all aspects of management of the University’s marine vessels. Transport Operations (Road Use Management) Act 1995 (Queensland) Vegetation Management Act 1999 (Queensland) Requires the University to ensure its fleet vehicles are correctly registered and maintained to the standard required. PFS is responsible for all aspects of management of the University’s fleet of vehicles. Chief Financial Officer An Act to conserve remnant vegetation and avoid land degradation through inappropriate vegetation clearance. Campus Life and Legal Services between them have a rigorous understanding of permitting requirements and processes in respect of operational works and clearance permits. Vice President (Corporate Services) Director, Campus Life 48 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE Waste Reduction and Recycling Act 2011 This Act encourages the proper use of resources by improving ways of reducing and dealing with waste. In accordance with the Waste Reduction and Recycling Act, the University has and abides by a waste management strategy. Director, Campus Life An Act to implement an environmentally sustainable and comprehensive system of regulation of Queensland Water Resources. To the extent that the University’s campuses and operations impact on natural watercourses, the University is obliged to obtain licences to interfere with that natural flow. Director, Campus Life (Queensland) Water Act 2000 (Queensland) 49 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts G. INFORMATION SYSTEMS RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE Broadcasting Services Act 1992 An Act relating to broadcasting services, data casting services and online services. As an internet content provider, the University is obliged to ensure its online content meets the guidelines established by the Act. The Information Technology Code of Practice establishes these standards, reinforced by the Web Collection Management Policy (which outlines the compliance roles and responsibilities of various staff members in the delivery of online content) and the Griffith University Website Publication Guidelines. PVC (INS) An Act which obliges a range of Queensland Public Sector departments, agencies and corporations to adhere to the Information Privacy Principles in their handling of data. The University has a comprehensive Privacy Plan and a nominated Privacy Officer and documented procedures for access to and amendment of Personal Information/Complaints and Internal Review Procedures. Vice President (Corporate Services) The Information Standard states the mandatory requirements for agencies when establishing and maintaining ICT resources strategic planning, management and resources. As a statutory body as defined under the Financial Accountability Act 2009, the University must comply with the ICT planning requirements of the Financial and Performance Management Standard 2009, establish an appropriate ICT planning regime and review, monitor and report on the use of ICT within the University. (Commonwealth) Information Privacy Act 2009 (Queensland) Information Standard 2 Resources Planning (Queensland) Director, OMC The University’s policy in relation to the release of information about staff and students states that personal and confidential information about individual staff members will not be released to persons within or outside the University except in circumstances required by law (e.g. Income Tax group certificates) without that staff member's consent or request. PVC (INS) The University’s INS group conduct a cyclical strategic planning process (currently embodied in the INS Strategic Plan 2013 2017). The priorities identified in the Strategic Plan flow 50 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE through to the annual Operational Plan and these priorities subsequently cascade down the organisation to the individual INS staff members’ annual performance plans. INS are also responsible for managing the University’s Electronic Infrastructure Capital Plan and the Electronic Infrastructure Recurrent Plan (EICP). The EICP determines how the University will spend funds on developing its electronic infrastructure. Information Standard 13 – Procurement and Disposal of ICT Resources Planning (Queensland) The Information Standard sets standards for the planned acquisition and disposal of ICT assets, including the use of the Government Information Technology Conditions as a standard procurement platform. As a statutory body as defined under the Financial Accountability Act 2009, the University must comply with the requirements of this Information Standard. PVC (INS) Chief Financial Officer The University has a purchasing policy which is consistent with the Financial and Performance Management Standard 2009 and sets out the broad requirements of the University with respect to all purchasing activities, including INS purchasing activities. Detailed requirements are set out in the associated Purchasing Procedures in the Financial Management Practice Manual. The University’s Assets Policy sets out the requirements for the acquisition, control, and disposal of University assets. The policy is consistent with the Financial and Performance Management Standard 2009. Information Standard 18 – Information Security The Information Standard sets standards for establishing information security. (Queensland) As a statutory body as defined under the Financial Accountability Act 2009, the University must comply with the requirements of this Information Standard. PVC (INS) The University’s Information Security Policy sets security standards and obligations for use by all University staff, students and users of the University's information technology resources in order to ensure the provision of reliable and 51 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE uninterrupted IT services, the integrity and validity of data, disruption recovery and the protection of ICT assets. Information Standard 26 – Information Security (Queensland) Information Standard 34 – Metadata (Queensland) This Information Standard outlines the minimum requirements for Queensland Government agencies in the creation, implementation, and management of agency internet sites for the delivery of information and services. Agencies must use the internet for the proactive publication and use of government information and explore online options when assessing communication and service delivery strategies. As a statutory body as defined under the Financial Accountability Act 2009, the University must comply with the requirements of this Information Standard. This Information Standard provides the minimum requirements for the management of metadata, Government information and information assets. In particular, Agencies must adopt metadata schemes for information assets (including datasets, records and web based information and web services) which are interoperable with the Australian Standard 5044 AGLS Metadata Element Set and must also implement effective planning and management practices to ensure the implementation and review of agency metadata remains consistent with As a statutory body as defined under the Financial Accountability Act 2009, the University must comply with the requirements of this Information Standard. PVC (INS) The Griffith University Content Management System (CMS) on the core web site (www.griffith.edu.au) is a combination of information structures, styles, standards, templates, roles and responsibilities, metadata requirements, and technologies that support content versioning, presentation, accessibility, and overall quality to the level required of the Griffith University Web Collection Policy. Strategic management of the Web Collection has been assigned to the Web Services Advisory Committee chaired by the PVC (INS). The Committee ensures that appropriate management strategies, processes, and guidelines exist for the management of the University's Web Collection in accordance with Information Standard 26. PVC (INS) 52 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE As a statutory body as defined under the Financial Accountability Act 2009, the University must comply with the requirements of this Information Standard. PVC (INS) agency, client and whole-of-Government requirements. Information Standard 40 – Record Keeping (Queensland) Public authorities are required to make 'full and accurate records' of their activities in accordance with the Public Records Act 2002 (the Act). This Information Standard, managed and administered by Queensland State Archives, helps public authorities meet their recordkeeping obligations under the Act. Public authorities must ensure that their recordkeeping systems, including policies, procedures and business systems that hold records, comply with legal, administrative, cultural and business recordkeeping requirements. This will assist in ensuring that full and accurate records of Government business activities are adequately documented, preserved and made accessible. There are seven mandatory principles in this Information Standard which are: Principle 1: Public authority recordkeeping must be compliant and accountable Principle 2: Recordkeeping must be monitored and audited for compliance Principle 3: Recordkeeping activity must be assigned and implemented Principle 4:Recordkeeping must be managed The University has a Records Management Policy providing a University-wide framework for the creation, systematic capture, registration, classification, use, storage, disposal and retention of University records in accordance with the legislative requirements, standards and best practices which are applicable to the business activities of the University Corporate Records and Digitisation Services (CRDS), within INS has primary responsibility for the implementation of the legislative requirements and of AS ISO15489 Australian Standard: CRDS is also responsible for training users on records management and records systems operations as they affect individuals and are responsible for the maintenance of high quality records management systems for the management of general files - the administrative and policy records that are created, received or maintained by University employees and affiliated organisations in carrying out its functions, processes, activities and transactions; staff files; student files and scanning of student records; committee records; and University archives of the above records. 53 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE This Information Standard imposes the principles which need to be applied in implementing custodianship processes for information assets across Queensland Government agencies. As a statutory body as defined under the Financial Accountability Act 2009, the University must comply with the requirements of this Information Standard. Vice President (Corporate Services) The Public Records Act 2002 (the Act) prohibits the disposal of public records without the permission of the State Archivist. The primary purpose of this Information Standard, which is managed and administered by Queensland State Archives, is to help public authorities meet their recordkeeping obligations under the Act. The University has a Records Management Policy providing a University-wide framework for the creation, systematic capture, registration, classification, use, storage, disposal and retention of University records in accordance with the legislative requirements, standards and best practices which are applicable to the business activities of the University. Principle 5:Recordkeeping systems must be reliable and secure Principle 6: Recordkeeping must be systematic and comprehensive Principle 7: Full and accurate records must be made and kept for as long as they are required for business, legislative, accountability and cultural purposes. Information Standard 44 – Information Asset Custodianship (Queensland) Public Records Act 2002 and Information Standard 31 Retention and Disposal of Public Records (Queensland) The principles in this Information Standard are underpinned by the principles of sound recordkeeping as outlined in Information Standard 40: Recordkeeping Chief Financial Officer The University’s Assets Policy sets out the requirements for the acquisition, control, and disposal of University assets. The Policy is consistent with the Financial and Performance Management Standard 2009. PVC (INS) The University's Disposal and Retention Schedule established under the University’s Record Management Policy, utilises the University’s Business Classification Scheme to ensure that the appropriate records are captured into the record keeping system and retained for as long as those records have value. Temporary value records, those which have a limited active phase, will be destroyed at the conclusion of that phase in accordance with Disposal Authorities issued by the Queensland State Archives. Records of enduring or archival value, deemed 54 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY and applies to records in all formats, including technology-dependent records. to have administrative, legal, fiscal, research or historic value, will be retained for a longer term, or permanently in accordance with the relevant disposal and retention authorities. RESPONSIBILITY FOR ENSURING COMPLIANCE CRDS is also responsible for consulting with Queensland State Archives to assess the value of the records held by the University and for setting appropriate retention periods for those records. Right to Information Act 2009 and Information Standard 31 Information Access and Use (Queensland) The Right to Information Act (Qld) 2009 requires documents held by government to be made available to the community. It also establishes a shift to a “push” model for the release of information to achieve open and accountable government while embedding a right to information in the administrative practices and organisational culture of the public service. The purpose of Information Standard 31 is to ensure that citizens and those doing business in Queensland have open access to and are able to use Queensland Government information. Queensland Government agencies are also required to provide their information free of charge to the maximum extent possible or, if there is a charge, agencies must price their information transparently and consistently. Spam Act 2003 (Commonwealth) This Act sets up a scheme for regulating commercial email and other types of commercial electronic messages The University’s right to information application processes and pricing are clearly documented on its website. Vice President (Corporate Services) The Vice President (Corporate Services) is responsible for the University’s Right to Information and Privacy Act processes and is supported by Legal Services in discharging these responsibilities. Griffith releases information in conformity with the requirements of the Act under the headings: Our Services; Our Finances; Our Priorities; Our Decisions; Our Policies and Our Lists. As a defined educational institution, the University is exempt from the application of the Act in its communications with alumni. Otherwise, the University must comply with the Act. PVC (INS) 55 Last updated December 2014 (Doc No: 2014/0003555) Compliance with Laws, Regulations and Contracts RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE The Information Technology Code of Practice prohibits use of the University’s INS systems for spamming. Telecommunications Act 1997 (Commonwealth) An Act to regulate the use and provision of telecommunication systems throughout the Commonwealth. The University is a content service provider under the Act which means the University is subject to a dispute resolution process under the Act. Otherwise, complaints about the University’s internet content are determined by the Australian Communications and Media Authority under the Broadcasting Services Act 1992. PVC (INS) 56 Last updated December 2014 (Doc No: 2014/0003555)