Mission-Based Compact Between: The Commonwealth of Australia and Charles Darwin University CONTENTS Context Part One: Establishment of the Compact The University’s Mission Part Two: Teaching and Learning Performance Funding Part Three: Research, Research Training and Innovation Part Four: Compact Review Part Five: General Provisions Attachments A. Indicative list of Commonwealth Funding provided to the University which is administered by DEEWR and relevant to this Compact. B. List of Commonwealth Funding provided to the University which is administered by DIISR and relevant to this Compact. C. University Confidential Information1. D. Terms and Conditions of Agreement between the Minister for Tertiary Education, Skills, Jobs and Workplace Relations and the University about Performance Funding. E. Copy of Commonwealth Grant Scheme Funding agreement between the Minister for Tertiary Education, Skills, Jobs and Workplace Relations and the University. 1 There will be an Attachment C only where the University provides commercially sensitive material. The published version of a Compact will indicate the existence or otherwise of an Attachment C (University Confidential Information) but will not include the content. Page 2 Date This Compact is made on _______________ between The Commonwealth of Australia (Commonwealth) represented by and acting through both: The Minister for Tertiary Education, Skills, Jobs and Workplace Relations Assisted by the Department of Education, Employment and Workplace Relations (DEEWR) ABN 63 578 775 294 Of 50 Marcus Clarke Street Canberra ACT 2601 And The Minister for Innovation, Industry, Science and Research Assisted by the Department of Innovation, Industry, Science and Research (DIISR) ABN 74 599 608 295 Of Industry House 10 Binara Street Canberra ACT 2601 And Charles Darwin University ABN 54 093 513 649 A body corporate under the Charles Darwin University Act (NT) Of Ellengowan Drive CASUARINA DARWIN NT 0909 (University) Page 3 CONTEXT A. The Purpose and Effect of this Compact This Compact is an agreement between the Commonwealth and the University. It demonstrates that the Commonwealth and the University have a shared and mutual commitment to provide students with high quality educational experiences and outcomes and to building research and innovation capabilities and international competitiveness. The Compact recognises that the University is an autonomous institution with a distinctive mission, operating within a state or territory, national and international higher education environment. The purpose of this Compact is to provide a strategic framework for the relationship between the Commonwealth and the University. It sets out how the University’s Mission aligns with the Commonwealth’s goals for higher education, research, research training and innovation, and includes information on funding provided by the Commonwealth to the University. Section 4 and Attachment D of this Compact together constitute the funding agreement, for the purpose of section 30-25 of the Higher Education Support Act 2003 (HESA), for the grant of teaching and learning Performance Funding to the University. Similarly, Attachment E of this Compact contains the funding agreement, for the purpose of section 30-25 of HESA, for the provision of other Commonwealth Grant Scheme funding to the University. This Compact also refers to funding provided under DIISR's Collaborative Research Networks (CRN) funding program. Any funding provided under that program is not made under HESA and is separate to, but made within the framework of, this Compact. In addition, this Compact refers to a range of other funding that is provided by DIISR and DEEWR to the University under various legislative and/or contractual funding arrangements. The details of relevant DEEWR funding arrangements are set out in Attachment A and the details of relevant DIISR funding arrangements are set out in Attachment B. By detailing Commonwealth funding commitments and reciprocal University commitments, this Compact also contributes to creating a transparent and accountable system of administration of Commonwealth funding. To support this purpose, the Commonwealth and the University agree that this Compact will be published on Commonwealth websites and may be published on the University website. Page 4 B. The Principles of Commonwealth Funding Support The principles under which Commonwealth funding for higher education is provided are: C. opportunity for all, especially for those students from groups under-represented in higher education; access to university based on merit; world-class teaching and learning that advances the international standing of Australian education; world class research and research training that advances knowledge, critical thinking and Australia’s international standing; responsiveness to the economic and social needs of the community, region, state, nation and the international community; a sustainable higher-education sector; and academic freedom and institutional autonomy. The Commonwealth’s ambitions for Higher Education and Innovation The Commonwealth’s vision for the higher education sector is set out in Transforming Australia’s Higher Education System available at http://www.deewr.gov.au Higher education is central to achieving the key objectives for the nation’s future, including: A stronger Australia – boosting Australia’s share of high skilled jobs and productivity growth will require a highly skilled workforce that can rapidly adapt to meet future challenges; and A fairer Australia – all Australians will benefit from widespread equitable access to a diverse tertiary education sector that allows each individual to develop and reach their potential. Society as a whole will benefit from the widespread application of cutting-edge research. In supporting these objectives, the Commonwealth's ambitions for higher education include: producing graduates with the knowledge, skills and understandings for full participation in society and the economy; providing opportunities for people from all backgrounds to participate to their full potential and be supported to do so; providing students with a stimulating and rewarding higher education experience; playing a pivotal role in the national research and innovation system through generation and dissemination of new knowledge and through the education, Page 5 training and development of world class researchers across a wide range of intellectual disciplines; and being amongst the leading Organisation for Economic Co-operation and Development (OECD) countries in terms of participation and performance. The higher education system also plays a crucial role in supporting innovation. The Commonwealth’s policy statement, Powering Ideas - An Innovation Agenda for the 21st Century http://innovation.gov.au is designed to build innovation skills, support research to create new knowledge, increase business innovation and boost collaboration. For higher education research, research training and innovation, the Commonwealth’s ambitions include: D. progressively increasing the number of research groups performing at worldclass levels; boosting research collaboration by Australian universities; significantly increasing the number of students completing higher degrees by research over the next decade; and building an innovation system that promotes economic growth and well being by promoting linkages between Australian businesses, universities and publiclyfunded research agencies. Structure of this Compact Part One provides for the establishment of the Compact, its Term and the purpose of the University’s Mission. Part One also contains the University’s Mission Statement. Part One also provides for the Commonwealth to inform the University of any actual or prospective changes to policy and for the University to inform the Commonwealth of any actual or prospective changes to its Mission and for each to consult the other about the possible effects of these changes. Part Two provides for matters related to teaching and learning, which are matters administered by DEEWR. Part Three provides for matters related to research, research training and innovation, which are matters administered by DIISR. Part Four provides for review of the Compact. Part Five provides for operational issues, including the general matters which the two Departments will administer jointly, liaison between the Departments and the University, privacy, confidentiality and information sharing, addresses for notices and how the Compact may be varied and how it may be terminated. This Part also includes the Dictionary. The Attachments A to E form part of this Compact and are referenced and explained in the relevant Parts of this Compact. Page 6 PART ONE 1. ESTABLISHMENT OF THE COMPACT The Commonwealth and the University agree: 1.1. This Compact consists of Parts One to Five and any Attachments. 1.2. The term of this Compact is from 1 January 2011 until 31 December 2013, unless terminated earlier in accordance with clause 10.7. 1.3. In agreeing to this Compact for and on behalf of the Commonwealth each of the Ministers is acting only to the extent of that Minister’s powers and functions under any Commonwealth law, including under the terms of any relevant Appropriation. 1.4. The University acknowledges that a policy underlying some or all of this Compact may be subject to review by the Commonwealth from time to time. The Commonwealth and the University agree that if the Commonwealth considers that it may need to change the Compact because of such a review, the Commonwealth will notify the University of this in writing and will consult with the University accordingly. 1.5. Some or all of the funding arrangements set out in Attachments A and B may be updated by DEEWR and DIISR from time to time. The Commonwealth will notify the University of any such updates. 1.6. Either party may propose changes to this Compact at any time. Except for any changes pursuant to clause 1.5 above, clause 10.5 will apply to any variation proposed by either party to the Compact. 2. THE UNIVERSITY’S MISSION 2.1. The purpose of the University’s Mission 2.1.1. The University's Mission sets out its values and aspirations, what it does and how it can best serve the interests of its students, staff and key stakeholders. The Commonwealth and the University recognise that the University's Mission may evolve. 2.1.2. The University and the Commonwealth recognise that the University is an autonomous institution which is responsible for the determination of its Mission and for its aspirations and strategies for their achievement. Page 7 2.2. The University’s Mission statement Mission As set out in the University’s Strategic Plan 2010-2014 the mission of Charles Darwin University is as follows: Enriched by the social, cultural and natural endowments of the Northern Territory, and committed to the advancement and prosperity of our region and the nation, Charles Darwin University enables staff and prepares students to be creative thinkers and effective contributors in a complex changing world. Current Circumstances Charles Darwin University (CDU), a regional multi-sector institution, is an integral part of the Northern Territory community. The University is one of the largest employers in the Northern Territory (NT) with an aim of being an employer of choice for current and potential staff members. Each year, around 10% of the NT population over the age of 15 years formally enrols for study at the University which is responsible for around 85% of the HE and VET delivery undertaken in the Northern Territory. Learning and Teaching Currently CDU has approximately 22,000 students studying courses in Vocational Education and Training and Higher Education. The University has experienced consistent and significant growth in its total higher education load over recent years. This growth has been supported by the University’s strongly expanding commitment to flexible provision with 69% of the current Commonwealth Grant supported cohort studying externally on a unit attendance basis which is also dominated by mature age students and a significant proportion of students attending in part-time mode. This expansion in flexible delivery has increased the profile of CDU as a national provider as well as enhancing opportunities for the participation in HE and VET opportunities for Territorians including those looking to integrate study with other life needs. Using funding provided through the Australian Government’s Diversity and Structural Adjustment and Teaching and Learning Capital Funds together with significant internally resourced strategic investment, the University is moving to markedly enhance its practice in flexible delivery and improve the quality of its teaching and learning provision – the University’s current highest institutional priority. The most recent Australian Graduate Survey Course Experience data indicate a marked improvement in the satisfaction of students with their experience of teaching and learning. The University is currently preparing for an Australian Universities Quality Agency (AUQA) cycle 2 audit (to be held concurrently with an Australian Quality Training Framework re-registration audit) one of the themes for which is Flexible Learning and Teaching Quality. Equity The University continues to focus on the needs of Indigenous Australians to an extent unsurpassed in the Australian tertiary sector. In 2009, CDU ranked second in the sector for access and participation rates of higher education students identifying as Indigenous and, in addition provides training to around 4000 Indigenous students annually through the University’s VET programs. In early 2009 the University appointed a foundation Pro Vice-Chancellor, Page 8 Indigenous Leadership, Professor Steven Larkin, to oversee activities relating to Indigenous people and established a new Vice Chancellor’s Indigenous Advisory Council with a membership of prominent Indigenous Australians and a brief to provide high level advice on improving access and outcomes for Indigenous students and staff at the University. The University maintains a strong representation of students from regional and remote locations and access and participation of students of low socio-economic status has steadily increased over the last four years. This remains a critical focus of the University notwithstanding concerns regarding current methodological issues with accurate data collection. Research The adoption of a strong research focus and promotion of cross-disciplinary research teams has been a successful institutional strategy to build world-class research capability. The University has achieved strong growth in total research income across all categories in the HERDC and a very high ranking among Australian universities on a per capita basis reflecting the relatively high research intensity of the institution and productivity of staff. The outcomes of the first ERA assessment confirm the status of the University’s current identified areas of research strength in Environment and Livelihoods and Human Health and Wellbeing. It is a high priority to improve research capacity in fields that are strategically important to the NT such as Education and Social and Public Policy. Partnerships in Research and Education Current partnerships contribute to the University’s effectiveness as a research, education and training provider. The University has a strong and effective major Partnership with the Northern Territory Government dating from 2004 - commended in the report of the cycle one AUQA audit. This partnership, which was recently reviewed and re-focussed, has yielded significant advantages in terms of operational outcomes and capacity building for both the University and the NT Government. The University has recently signed and is operating under a Memorandum of Understanding with the Australian National University for collaboration in research and teaching and learning. The University is also finalising an institutional level partnership agreement with Flinders University. Building on a long-standing co-operation in health, CDU is involved with Flinders University in the delivery of an innovative joint medical program supported by the NT Government. This initiative was enabled in part through the University’s support for a capital bid led by Flinders University to the Health and Hospitals Fund to expand the Darwin based Northern Territory Clinical School including the construction of new teaching and learning research facilities on the Casuarina Campus of CDU which are due to be occupied progressively during the period February to May, 2011. These facilities will augment capital projects underway to support developments in allied health particularly related to indigenous health issues including new pharmacy teaching spaces, sport and recreation science facilities and a public health building for the Menzies School of Health Research. This substantial capital program also includes the design and construction of the Australian Centre for Indigenous Knowledge and Education a major joint-venture project with the Batchelor Institute of Indigenous Tertiary Education supported by the Education Investment and Structural Adjustment Funds (total Commonwealth investment of almost $40 million), with the goal of providing a step-change expansion in the capacity to delivery positive outcomes to Indigenous communities and the Higher Education sector in areas relating to Indigenous knowledge and education. Page 9 Further strengthening the University’s research capability in the environmental sciences and expanding research into the tropical northern marine ecosystem, the University has entered into a marine science alliance with the Australian Institute of Marine Science, the Australian National University, and the Northern Territory Government. The new alliance will leverage significant funding announced by the Australian Government under the Super Science funding programme. In addition to the above partnerships, the University recently joined the Innovative Research Universities (IRU) grouping of Australian universities, providing enhanced opportunities for collaboration in research, teaching and learning and administration including a key shared interest in improving participation of students from low socio-economic status backgrounds and other equity target group students. The University has entered into a memorandum of understanding with Navitas Limited, a publicly listed company with a proven track record in English language training, university preparation programs, and migrant settlement services to explore opportunities to develop a broad based collaborative partnership for innovative flexible and quality education solutions of mutual benefit including the offering of foundation courses to international students. The University, as part of a major strategy to enhance engagement in our region, has embarked on a program to establish a small number of mutually beneficial and targeted institutional partnerships focussed in East Indonesia, Timor Leste, Malaysia, Vietnam and China (including through a recently awarded Confucius Institute). This approach emphasises both research linkages and opportunities for student and staff exchange. The establishment of a more senior executive position, Deputy Vice-Chancellor, Research and International, in 2010 illustrates the important nexus between international engagement and research development for the University in the next five years. Sustainability In 2009 the University completed a major review of its budget model and established close links between the strategic, operational and budget planning and development processes. A five year indicative budget forecasting model for the University has been developed. As acknowledged in the 2010 Institutional Performance Portfolio the University is currently in a sound financial position. However the future financial forecasts have identified the key importance to the University’s financial sustainability of major funding streams such as regional loading, increased support for low SES students and funding for nursing and education programs. In addition the move to partial deregulation of higher education and a demand driven model in 2012 when coupled with the significant negative pressures on the sector in International student recruitment creates a very challenging scenario for a small regional university highly reliant on flexible delivery broadly across Australia. This is exemplified by recent sectoral behaviour such as substantial over enrolments to secure market share and severe pressure on clinical places in disciplines such as nursing ahead of the full introduction of programs under Health Workforce Australia (HWA). Aspirations CDU’s broad aspirations are captured in the Vision Statement in the Strategic Plan: Page 10 Over the next five years Charles Darwin University will have grown its student base by 50%. It will be renowned for its leading approach to education, research and community engagement in regional and remote Australia, and the region as a whole. It will draw on the priorities of the region, in framing its education programs and exploring the frontiers of knowledge. With a focus on high quality, flexible local and distance education, this University will provide the learning that students, the region and the nation require to produce innovative graduates who effectively meet the challenges of a complex, changing world. As a distinctive multi-sector education provider, this University will be recognized as a leader in student support and the provision of pathways from vocational training through to advanced research degrees. It will achieve increased student participation, particularly amongst disadvantaged educational groups through traditional and non traditional approaches to education delivery and in doing so will effectively meet the needs of Indigenous students to become their university of choice. Teaching practice will be informed by research, through valuing of the teaching-research nexus. The University’s established research strengths in tropical, desert and Indigenous knowledge will become a national and international resource, open to collaboration and equipped to provide solutions to complex problems of local, national and international significance. The University will grow its domestic and international research higher degree numbers and attract and retain high quality and motivated researchers through the provision of a research environment that offers professional support and high quality infrastructure and equipment. International research linkages will be expanded particularly with near neighbours such as Timor Leste and Indonesia. Capacity in research and a range of other core business areas will be enhanced through the forging of mutually beneficial partnerships with other key institutions, government and the community. Charles Darwin University will be a dynamic and robust regional tertiary institution that will meet the needs of industry and the professions for a skilled workforce and will provide leadership to advance the intellectual, professional, social, cultural and environmental wellbeing of the Northern Territory. Staff will be recognized for and supported in the achievement of the University’s goals. In all areas of endeavour this University will apply the highest standards of professionalism, efficiency and accountability to maximise its effectiveness and ensure the value of its contribution to the region in which it operates. The University has identified in its Strategic Plan five key goals to be progressed by the end of 2014 1 A Unique Learning Environment: CDU will create a rich learning environment that 2 3 4 reflects its unique regional location and offerings, enables students to achieve success and produces graduates with the skills they need to be effective contributors in society. A Leader in Indigenous Education: CDU will be a preferred choice for Australian Indigenous students seeking studies in Vocational Education and Training (VET) and Higher Education (HE), and a leader in the teaching and understanding of Indigenous knowledge systems. Research with Global Reach: CDU will enhance its local, national and international standing for excellence in research, particularly in the areas of tropical, desert and Indigenous knowledge. Powerful Partnerships: CDU will actively pursue and establish partnerships which Page 11 strengthen capacity while delivering mutually beneficial outcomes. 5 Quality and Sustainability: CDU will be a robust, regional multi-sector institution, acknowledged for the quality and excellence of its programs, and its support for students and staff. Achieving Aspirations and Goals Learning and Teaching The University’s top priority remains the improvement of the real and perceived quality of its teaching and learning enterprise which coupled with further development of its flexible learning practice are critical enablers in meeting its growth ambitions. The University will continue to seek external funding with a key application under consideration in the current SAF round as well as further strategic investment of University funds over the next 3-4years. CDU is moving towards orienting its learning and teaching activities around a single modality – Fleximode – whereby students may engage with their programs using the combination of methods that is most suitable for their needs, rather than being constrained by administratively imposed study mode parameters. This is a challenging, student-centred innovation that will take time to fully develop. Equity and Indigenous Outcomes As well as being a key enabler of teaching and learning quality improvement (some other strategies are detailed in section 3.1), the implementation of Fleximode will assist in improving access, participation, retention and success of students in general and equity target group students in particular. This is an important target for CDU that it plans to meet through a range of actions including enhanced outreach to Schools, further development and utilisation of pathways between VET and HE, and enhanced academic support. (see section 3.2). In terms of equity goals and the ambition for leadership in Indigenous Education, key actions will include the construction and operation of the Australian Centre for Indigenous Knowledge and Education (ACIKE) and the implementation of the new partnership between CDU and Batchelor Institute of Indigenous Tertiary Education (BIITE) for delivery of HE, development of “whole of life” strategies to improve Indigenous student access and participation and ongoing commitment to learning in partnership with Indigenous students, staff and communities. Partnerships in Education and Research The continued development and operation of strategic partnerships with the Northern Territory Government, the Australian National University and Flinders University will provide broader opportunities to Northern Territorians in an efficient and sustainable manner. This is part of a review of the academic profile at CDU scheduled to be completed in the early part of the compact period, which in addition to partnering arrangements is exploring opportunities to better leverage the dual sector nature of CDU. Proposed new Enterprise Agreement arrangements that are seeking to identify a new category of teaching-focussed staff will assist the University in the sustainability of its teaching and learning operations. A focus over the period of the compact on community engagement including the development of revised planning documents and strategy implementation is seen as a key mechanism for enhancing delivery of education programs and improving education outcomes as is the strong capital and teaching infrastructure development (section 3.3) which includes significant improvement in student accommodation, new buildings for teaching, refurbished teaching space and enhanced technologies to support Page 12 off campus learning. In meeting its goals in research the University will maintain its current strategy of research focus and concentration with further development of a focus in education and energy (particularly related to low emission technology and renewable energy). In the case of education research this is supported through significant external funding for, and recent establishment at the Menzies School of Health Research of the Centre for Child Development and Education and the Centre for School Leadership, Learning and Development at CDU in partnership with the Northern Territory Government (NTG). The emerging focus in energy research is supported by the recent establishment of the Centre for Renewable Energy and Low Emission Technology and the Centre for Hydrocarbon Research, Education and Training, both in partnership with, and receiving significant funding from, the NTG. Building capacity in research through partnerships with other agencies, industry, Indigenous organisations and other universities, particularly ANU and Flinders University, is an important approach to achieving research goals. New arrangements for the establishment research institutes and centres within the Faculties are expected to improve research and research training outcomes during the period of the compact as are new definitions of research active staff that are incorporated in the new Enterprise Agreement that it is anticipated will be concluded in 2011. Enhancing professional support, and maintaining quality infrastructure and equipment are strategies that will be employed to attract and retain high quality and motivated researchers and postgraduate students. The University is committed to pursuing growth in HDR load with additional approaches including effective marketing and the operation of partnerships with research intensive Australian universities (including ANU and IRU partners) and targeted international universities in the near region. During the course of the compact triennium the University is seeking to further develop and make effective the teaching-research nexus emphasised by the recently completed institutional restructure which transferred and reorganised research activity from the former Institute for Advanced Studies to within new Faculty arrangements in close proximity to existing academic schools and Faculty research groups. Sustainability In terms of the quality and sustainability goal in addition to enhancements in teaching and research practice outlined above, the University will further address the transparency and effectiveness of its governance arrangements, including the implementation of new arrangements for academic governance, further consideration of issues of organisational renewal and development including the establishment of an Office of Leadership and Organisational Culture. There is also an enhanced focus on measurement, assessment, recognition and review processes and adoption of leading edge environmental sustainable practices across the campus network. Technology is a critical factor in CDU’s sustainability agenda. It is important to reiterate a number of key and unique features of CDU. Among others, these include: its place as a regional university; its multi-campus and multi-learning-centre structure; the fact that these venues themselves are located in regional and, sometimes remote, areas of Australia; the location of sub-cohorts of students, often Indigenous students, in remote areas and the resultant need to deliver learning to those remote areas; the heavy use and reliance by CDU on technology-aided, if not technology-dominant, forms of learning; the key strategy of CDU, via its Fleximode strategy, to increase even more the use of Page 13 technology, online resources and integration of remotely located students synchronously and virtually into physical campus spaces; the key CDU strategy to form significant partnerships that require effective and reliable communication; and more specifically in relation to partnerships, the essentiality reliance by the Northern Territory Medical Program to deliver high-definition video content from Flinders University’s Bedford Park campus into NT learning venues. With the availability of reliable information and communications technology, CDU is confident of its ability to grow and thrive through pursuit of the strategies and plans contained in this compact document. However it follows that CDU is exposed and vulnerable in an environment that is not characterised by robust and reliable ICT infrastructure and systems which ensure high-capacity, fully redundant broadband connectivity, most especially when relevant factors are completely outside CDU’s control. Accordingly, CDU will be critically dependent upon an effective National Broadband Network strategy being implemented, including one that provides a 10 gigabyte link from Darwin through Alice Springs to Adelaide. Full redundancy is critical because portions of the existing AARNet link are regularly in disrepair during the wet season. Interim arrangements to overcome the absence of redundancy, whereby supplementation by the Commonwealth via DIISR allows CDU to procure a link from a commercial provider, are due to expire in September 2011, and it is crucial for CDU to be assured that the necessary supplementation will continue. 2.3. 2.3.1. 2.3.2. Changes to the University's Mission The Commonwealth acknowledges that the University may adjust its mission from time to time. The University agrees that it will give the Commonwealth notice in writing in advance of: a. any significant changes that it proposes to make to the Mission during the term of the Compact; or b. any significant changes that it intends to make to its activities that could affect either or both of the content and the practical application of its Mission. If the Commonwealth receives notice from the University under clause 2.3.1 and considers that the proposed changes would require a change to this Compact, the Commonwealth will notify the University of this in writing and will consult with the University accordingly. Page 14 PART TWO The Minister for Tertiary Education, Skills, Jobs and Workplace Relations, with assistance from DEEWR, has Commonwealth responsibility for the matters set out in this Part Two of the Compact. 3. TEACHING AND LEARNING 3.1. Quality Quality: Commonwealth objectives 3.1.1. A focus on teaching and learning quality underpins the Commonwealth’s vision for Australia to be one of the most highly educated and skilled nations in the world. 3.1.2. A focus on quality is an essential element of a system where funding is driven by student choice, and is essential for ensuring that the Commonwealth’s participation and social inclusion ambitions are achieved without a risk to quality. 3.1.3. The Commonwealth has made a commitment to provide more autonomy to universities through the removal of funding caps on Commonwealth supported places. In turn, the Commonwealth expects the University to participate in new higher education quality arrangements which will be overseen by the Tertiary Education Quality and Standards Agency. The new arrangements are designed to support academic autonomy while ensuring that the achievement of minimum standards can be demonstrated and that there is a strong focus on enhancing the quality of teaching and learning while expansion of the higher education system meets national participation ambitions. 3.1.4. The University also has obligations under the quality and accountability requirements in Division 19 of HESA. This Compact does not change those obligations. Quality: University strategies The Quality of Teaching & Learning CDU is a multi-sector, multi-modal institution with a broad ranging student demographic profile. Good quality teaching means a carefully considered appreciation of different learning and teaching methods. CDU’s Strategic Plan identifies that: CDU will be innovative in harmonising the different requirements of local and distance education. The University has been changing the way in which it engages with students. Whereas CDU was traditionally an internal mode provider (with some external courses), it now engages with students using a wide variety of teaching (and assessment) methods, learning technologies and resources. The primary vehicle for this is “Learnline”, the University’s suite of learning technologies comprising Blackboard, Wimba Classroom, Wimba Voice and associated Page 15 technologies. Implementation of Learnline has been conducted concomitantly with developments in teaching theory and practice. The next phase in this development is “Fleximode” – a single, flexible modality that enables and empowers students – all students, whether they would otherwise fit into the more conventional categories of “internal”, “external” and “multi-mode” - to engage with their units and courses using methods most suitable for their circumstances and learning style preferences. Fleximode will require ongoing investment in a range of learning technologies, including Learnline, innovative teaching spaces and other information and communication technologies. Fleximode will also require ongoing attention to the development of new pedagogies and mechanisms for embedding good teaching practice. CDU has been pursuing this over the past two years with assistance from Diversity and Structural Adjustment Funds and in partnership with the world’s leading learning technology provider Blackboard. The University will continue to provide professional development opportunities for staff and will focus these more specifically on a best practice model for Fleximode. This will include renewed emphasis on its Graduate Certificate in Teaching and Learning Higher Education (GCTLHE). An important enabler for full development of Fleximode at CDU is the establishment of a “Flexible Learning Network” (FLN) for which the University has sought support from the Australian Government through the current Structural Adjustment Fund round. The purpose of FLN is to integrate five key aspects of flexible education design and delivery: pedagogic developments in flexible learning; learning technology innovations and customisations; flexible teaching space developments; workforce reform involving flexible and virtual staff engagement; and the testing of new and more effective quality assurance processes designed to address the particular challenges presented to traditional QA approaches by flexible learning methods. CDU recognises that stakeholder satisfaction – and particularly student satisfaction – is central to any assessment of the quality of education. CDU participates and will continue to participate in a range of national and institutional surveys of stakeholder satisfaction, as well as further developing employer survey instruments. During 2011 and 2012 the University will develop Annual Unit Reports and Annual Course Reports to better respond to the rich data available from these surveys. These will include all available evaluative data (including trends and benchmarks) relating to individual units and courses, inclusive of all their offerings (i.e. modality; location; teaching period; third party providers). Unit and Course coordinators will be required to prepare and present to Academic Board via the Faculty Learning & Teaching Committees a reflective and action-oriented response to these reports. Measures The University will monitor teaching quality using at least the following measures, specific targets for which are set out in the University’s annual internal learning & teaching plans. Good Teaching Scale, Generic Skills Scale and Overall Satisfaction Index (of the AGS). Employer Survey results (once available). Internal student evaluation surveys aggregate results (for units) and individual results (for teachers). Page 16 Number/proportion of upheld student complaints and appeals about teaching and assessment quality. Number of HE staff enrolled in the GCTLHE as a proportion of targeted staff enrolments. CDU will aim for results that are competitive with its two primary benchmarking groups: the IRU, and a “Fleximode Benchmark Cohort” – i.e. those universities with >50% students enrolled in external or mixed modalities. The University will also develop several measures specifically for Fleximode including: Proportion of units and courses with a complete Learnline profile. The University is aiming for 99% HE units and 80% VET courses by the end of the Compact period. Proportion of HE units with Fleximode certification, a measure to be developed over the next 12-24 months. Student satisfaction with CDU’s flexible delivery methods. At present this is measured via a number of items in various surveys. A consolidated measure will be developed. Student Engagement CDU’s Strategic Plan targets: Improved access, retention and success of all students including those from target equity groups. Retention rates for commencing and all international students at CDU are close to sector norms. For domestic students at CDU these rates have been markedly lower than sector averages. However, CDU also has a significantly higher proportion of students in work and studying part time. Since 2007, there has been a steady increase in retention across all modes of study, and the significantly higher retention rates of students in mixed mode supports the notion that flexible delivery leads to better educational opportunities for many students. This corresponds with higher levels of satisfaction from students studying in mixed mode. CDU will build on work undertaken over the past few years to improve retention. That work includes significant activity in market research to identify the main causes of withdrawal and to attempt to gain insights into the characteristics of the structure and the segments of the student cohorts that contribute to attrition. Further research will inform the development of an early warning system for students at risk of leaving and prioritization of mechanisms to aid retention including the utility of several potential online service innovations. The University will build on arrangements recently put in place to monitor student progress, identify at an early stage at risk students, and intensify academic support provided. Measures The University will monitor student engagement using at least the following measures, specific targets for which are set out in the University’s annual internal learning & teaching plans: Retention rates reaching comparability with sector averages, the IRU and the Fleximode Benchmark Cohort. Student satisfaction with engagement, as measured through ACER (AUSSE and POSSE) surveys, showing an improving trend and being favourably compared with the Page 17 Fleximode Benchmark Cohort. Staff satisfaction with engagement, as measured through ACER (SSES) survey and Your Voice, showing an improving trend and being favourably compared with relevant benchmarks. Student Outcomes CDU’s Strategic Plan identifies that: CDU will provide quality education and training focused on learning outcomes that equip students to be innovative thinkers and effective contributors in society. CDU takes the view that there are several aspects to student outcomes focused on standards that must be addressed: Whether actual learning outcomes meet the intended learning outcomes set out in the accredited course materials. CDU uses and will further develop a curriculum mapping process for ensuring that the assessment activities are aligned with the intended learning outcomes. Whether outcomes are consistent across the different offerings (e.g. different modalities and locations). At present CDU does not actively monitor this at a central level, and proposes to address this as a priority component of the new Annual Unit Reports, Annual Course Reports and the University’s Course Accreditation and Reaccreditation Process, which will be revised in the early part of the compact period. Whether outcomes are equivalent to those of students at benchmark partner universities. To address this issue, CDU has joined with seven other Universities, led by UWS and Griffith University, in successfully bidding for the ALTC-funded Strategic Priority Project titled “A sector-wide model for assuring final year subject and programme achievement standards through inter-university moderation”. Whether the actual learning outcomes meet TEQSA standards. CDU will implement detailed plans in this regard as soon as sufficient information is available from TEQSA. Whether the actual learning outcomes meet professional body standards. CDU has achieved professional accreditation for a number of its courses and will continue to seek such accreditation where applicable. Whether the student learning outcomes are supported by employers and subsequent study. To monitor this issue, CDU will enhance its use of the GDS and participate in the trial of the Collegiate Learning Assessment instrument. Measures The University will develop several measures for Student Outcomes. They will include: Proportion of Annual Unit Reports and Annual Course Reports that have an acceptable response by the required deadline. Maintenance of professional accreditation for appropriate courses. Satisfactory external moderation reports. Meeting TEQSA standards, scoring low TEQSA Risk Ratings, and maintenance of HEP Registration by TEQSA (detail of the assessment methods is not yet available). Competitive GDS and CLA results compared with benchmark groups. Page 18 3.2. Equity Equity: Commonwealth objectives 3.2.1. The Commonwealth is committed to a fair and equitable higher education system that provides equal opportunity for people of all backgrounds to participate to their full potential and the support to do so. 3.2.2. In particular, the Commonwealth has an ambition that by 2020, 20 per cent of higher education enrolments at the undergraduate level will be people from low socio-economic status (SES) backgrounds. 3.2.3. The Commonwealth is also committed to enhancing participation and outcomes for Aboriginal and Torres Strait Islander people in higher education. 3.2.4. The Commonwealth funds a range of programs to encourage and support access to and participation in higher education by people from low SES backgrounds, Aboriginal and Torres Strait Islander people and other under-represented groups, including the Higher Education Loan Program and Student Income Support. 3.2.5. The Commonwealth expects all universities to play a part in meeting the Commonwealth's higher education participation ambitions, consistent with the objectives and regulatory requirements of specific equity programs and income support measures. 3.2.6. The Commonwealth will monitor the University’s equity performance through the existing reporting requirements attached to individual programs. The University’s performance in meeting equity objectives will also be linked with teaching and learning Performance Funding targets, as specified in the table under paragraph 4.14 of this Compact. 3.2.7. Universities have obligations under the fairness requirements in Division 19 of HESA. This Compact does not change those obligations. Equity: University strategies Among equity groups (other than Aboriginal and Torres Strait Islander (ATSI) people) in recent years the University has had a primary focus on students of low socio-economic status (LSES) with access, participation and retention and attainment rates generally trending upwards. The University intends to build on and expand its existing strategies for attracting, retaining and ensuring successful learning by LSES students and rural and remote students (recognizing that LSES students may also come from isolated areas). Specific approaches will include: Further development of outreach to, and partnership with, secondary schools and community education centres at locations across the whole of the Northern Territory including the operation of a new scholarship scheme targeted at supporting and engaging year 10, 11 and 12 students. Greater attention to engagement of families of prospective students. Page 19 Implementation of a customer relationship management system for prospective students. Expansion of the University’s currently successful tertiary enabling program. The development in partnership with ANU of a new foundation degree based on an integrated Vocation Education and Training (VET) and Higher Education (HE) curriculum with a strong emphasis on workplace learning. Further development of VET-HE pathways. Further development of technology mediated flexible delivery arrangements and the flexible provision of co-curricular services. Extension of academic support services and reorganization of student equity support services. Greater attention to mentoring arrangements and exploration of the benefit to LSES (and other equity group students) of community engagement activity. Measures The University will monitor access, participation, retention, success and attainment rates and participation and success ratios of undergraduate LSES students, regional and remote students and students with a disability. The University notes the Social Inclusion Performance Funding targets. In terms of participation, retention and success of LSES students the University is seeking to improve the participation ratio to 0.90 and the retention and success ratios to 1.0 over the compact period. Maintaining retention and success ratios for students from remote and regional locations at or above 1.0 during the compact period is the current ambition. In terms of access and participation of students from remote and regional locations the University acknowledges a downward trend in recent years which is likely due to an increasing proportion of students being attracted from metropolitan areas as CDU has expanded as a flexible provider. The University would expect to grow the number of commencing and total undergraduate students from remote and regional locations during the life of the compact. For students with a disability the University aspires to achieve access and retention rates at least comparable with state reference values and to maintain or achieve retention and success ratios of at least 1.0 over the compact period. Indigenous Outcomes A major goal for the University elaborated in the Strategic Plan 2010-2014 is to be a Leader in Indigenous Education. While the University continues to focus on the needs of Indigenous Australians to an extent unsurpassed in the Australian tertiary sector, the University intends to build on existing and to develop new strategies. Specific approaches will include:- The establishment and operation of the Australian Centre of Indigenous Knowledge and Education (ACIKE) including construction of the ACIKE building, and successful establishment and operation of the new partnership between Batchelor Institute of Indigenous Tertiary Education (BIITE) for Higher Education delivery (see section 3.5). Further development of policies and innovative “whole of life” strategies to enhance access and participation of Indigenous people both on and off campus; including an innovative range of flexible delivery models. Page 20 Learning in partnership with Indigenous students, staff and communities to ensure cultural relevance, affirmation and safety along with Indigenous knowledges are embedded in programs to maximise student engagement and learning. Review and enhancement of existing student support mechanisms across all operations to enhance student retention and completions in under-graduate and post-graduate courses. Revision and renewal of the Indigenous Employment and Retention Strategy for increased opportunities for Indigenous staff to participate at various levels of the University governance structure. Finalisation and implementation of a reconciliation action plan. Measures The University will monitor access, participation, retention, success and attainment rates and participation and success ratios of undergraduate students that identify as Indigenous, and has elaborated 1B Performance Funding improvement targets for the participation of ATSI students. Over the life of the compact the University seeks to see improvement in the retention and success ratios to least 0.87 and to see increases in the number of Indigenous staff and increased engagement with relevant Indigenous groups and organisations. 3.3. Infrastructure Infrastructure: Commonwealth objectives 3.3.1. The Commonwealth is committed to the development of world class higher education infrastructure. A contemporary, technology rich, well designed and equipped campus environment has a positive influence on staff and student performance and satisfaction. 3.3.2. While the responsibility for capital infrastructure development and maintenance rests with the University, the Commonwealth’s commitment is demonstrated through programs such as the Education Investment Fund. Universities also utilise Commonwealth Grant Scheme funding for capital works. 3.3.3. The Commonwealth anticipates that the University will focus not only on developing new University-owned and operated buildings but also on optimising the use of existing facilities, refurbishing and adequately maintaining existing infrastructure, investing in e-learning and other information and communications technologies (ICT), and utilising space owned by, or shared with, other education providers. 3.3.4. The Commonwealth will monitor the University's infrastructure programs, and their alignment with the Commonwealth's infrastructure objectives, through the Institutional Performance Portfolio Information Collection. Page 21 Infrastructure: University strategies The University is developing a new Master Planning Framework to set long term principles in the development and use of University infrastructure and facilities. It is the overarching planning document from which to model future campus Master Plans based on medium to long-term scenarios. It thereby allows for a more organic Master Planning process providing flexible and adaptable plans as strategic direction evolves and new information comes to hand. In pursuing its infrastructure strategies, the University will focus not only on developing new University-owned buildings but also on optimising the use of existing facilities, refurbishing and adequately maintaining existing infrastructure and investing in e-learning and other information and communications technologies (ICT). The University informs itself via an ongoing process of auditing the utilisation of existing space, conducting such audits at least twice each year, with additional ad hoc audits when required by circumstance. Such an approach assists the University to quantify the total utilisation of assets to enable strategies of improvement to be implemented, thereby increasing utilisation rates and reducing overall expenditure on overheads. This further assists the University to respond flexibly within an informed and overall planning context. Against this background, and noting the capacity of the Master Planning Framework to allow changes when exigencies require, the infrastructure development plans for the compact period are captured in tabular format: Project 1. Allied Health Infrastructure Building - Pharmacy Teaching building Budget: $6.5Million Completion date: May 2011 Page 22 Rationale This building will provide facilities to attract students into HE-VET programs and pathways consistent with the University’s aspirations of providing a dedicated network of hospital and community based medical education facilities established across the Territory. These are, designed to facilitate the training of health professionals including the delivery of a full medical program. This building will deliver Pharmacy training. The overall program will focus on preparing health professionals to work in Indigenous Communities and recruiting Indigenous students. This and the complimentary Northern Territory Medical Program will be relying heavily on IT based infrastructure to support teaching delivery. 2. Building to support the Northern Territory Medical Program Budget: $14.0Million Completion date: May 2011 3. Australian Centre for Indigenous Knowledge and Education teaching facility and associated student accommodation Budget $25.45Million Completion date: July 2012 4. Building to house the Menzies School of Health Research will be completed on the Casuarina campus Budget $18.0Million Completion date: Architect to be appointed 5. A specialist oil and gas training, education and research facility Budget: $5.0Million Completion date: Architect to be Page 23 This Flinders-financed building will provide facilities to attract students into HE programs consistent with the aspirations of Flinders and CDU to deliver a dedicated network of hospital and community-based medical education facilities principally centred on two sites – Royal Darwin Hospital and CDU to allow a full medical program to be delivered in the Northern Territory. This joint program will focus on preparing doctors to work in Indigenous Communities and recruiting Indigenous students. This, and the complementary Allied Health Infrastructure Building (Pharmacy), will be relying heavily on IT-based infrastructure to support teaching delivery. This CDU-BIITE joint venture will provide a facility specifically designed to increase Indigenous participation across all levels (VET and HE) including sharing of knowledge and strengthening engagement and pathways with indigenous communities. There will be heavy reliance on state-of-theart IT infrastructure to deliver programs to remote communities. This building will bring a research unit of the Menzies School of Health onto the CDU campus thereby strengthening a key research partnership and increasing the numbers and capacity of health-based researchers on the site. It builds on CDU’s aspirations of Research with Global Reach. This proposal will enable CDU to establish Powerful Partnerships with organisations operating in the appointed 6. There will be a significant increase in student accommodation including studio apartments Budget: $6.0Million Completion date: March 2012 Phase one 7. New facilities in multimedia, music and community and health services have been opened in 2011 at the Alice Springs and Katherine campuses Budget: $5.5million 8. Major refurbishment of the Library Building Budget: To be determined Completion date: Initial design work has commenced the project is planned to completed by December 2013. 9. Refurbishment of accommodation for the School of Academic Language and Learning oil and gas industries in the Northern Territory. It will lead to improved level of industry satisfaction with graduate outcomes. The provision of additional student accommodation and a diversity of type will provide improved access, retention and success of students from target equity groups. To attract students into VET programs and VET-HE pathways consistent with the University’s aspirations to broaden HE access in regional NT. To allow the Library to move to a more contemporary style of study services through a learning commons approach combined with the traditional library services. It will provide improved access and spaces for collaboration as well as individual study space. Additionally, it will make use of the outside spaces improving the total asset utilisation. To continue the programmed renovation of the building which requires modernisation. Budget: $100K Completion date: December 2011 10. Refurbishment of existing space in Building Orange 2 on Casuarina campus to house a newly funded Confucius Institute Budget: To be confirmed Completion date: to be confirmed, initial concept/space meeting May 2011 Page 24 The Institute, a partnership between CDU and the Hainan and Anhui Normal universities in China, will have a focus on teaching Chinese culture and language to people living in remote areas. The University will continue to develop its infrastructure to support flexible learning including further enhancement of the Learning Management System and associated technologies (collectively referred to at CDU as “Learnline”). An important requirement will be the further development of infrastructure to support collaborative learning with students (including upgrading videoconferencing technology and other communication tools) and the preparation of more specialised flexible learning resources (including green-screen videos, animations and simulations). CDU is in the process of upgrading its physical teaching spaces and will refit its central teaching spaces to more effectively utilise learning technologies and to extend the usefulness and economic life of classrooms. The University will establish a state-of-the-art, multi-functional teaching studio including Access grid technology at the Casuarina campus. Propositions for further development of teaching spaces and learning technologies are included in a current application to the Commonwealth Government Structural Adjustment Fund for the establishment of a Flexible Learning Network (see section 3.1). Developments to be pursued via Education Investment Fund applications include upgrade of the VET Trades training facilities, which are in need of major refurbishment, and the re-location of CSIRO facilities to the CDU campus, in furtherance of CSIRO policy and in order to allow for closer working relationships and synergies to be developed among researchers at both institutions. Measures Within the Compact Period CDU will: Achieve >99.9% uptime per annum for Learnline by 2014. Equip all staff with HD cameras, high quality headsets and appropriate communication software and provide training in their effective usage. Establish a high-end digital resource production studio. Have full wireless capabilities across all campuses. Establish a multipurpose Access Grid. Refit common teaching spaces to better utilise Fleximode learning technologies. Significantly upgrade videoconferencing facilities across all campuses; Additionally, CDU will continue to rely upon Tertiary Education Facilities Management Association (TEFMA) Space Planning Guidelines as a basis for capital development. The TEFMA benchmarks for space utilisation, occupancy and frequency will also used be used as a reference points and to guide capital development. The intent of Facilities Management is to further develop these tools for a space planning model which can be applied by management across the University when operational planning activities are undertaken within the University by its cost centres. These will also form part of the corner stone when Campus Master Planning is carried out. Page 25 3.4. Student enrolments Commonwealth objectives 3.4.1. The Commonwealth is committed to the expansion of a high quality higher education sector, to provide opportunities for all capable people to participate to their full potential. 3.4.2. An expanded higher education sector will educate the graduates needed by an economy based on knowledge, skills and innovation. 3.4.3. The Commonwealth has announced its ambition for growth in higher education attainment, so that by 2025, 40 per cent of all 25 to 34 year olds will hold a qualification at bachelor level or above. University student enrolment planning As set out in the Strategic Plan 2010-2014, the University anticipates, and is planning for, growth in student load over the next four years. The table below provides current estimates for CGS funded load for the compact period. CGS 2011 2012 2013 Total EFTSL 3810 4190 4190 Undergraduate 3302 3668* 3837* Postgraduate coursework 508 522 538 250 300 *includes load to be delivered through BIITE No major shifts in the proportion of load in different funding clusters are currently anticipated though some increases in the proportions of load in funding clusters 2, 4 and 6 might be anticipated as delivery by BIITE is likely to be mostly in fields of education associated with these clusters. New program development in allied health is anticipated over the course of the compact. The University anticipates that the load in enabling programs will increase as a result of both the introduction of a dedicated enabling program for Indigenous students to be delivered as part of the arrangements with BIITE and the expansion of CDU’s existing enabling program. The University wishes to identify a need for the Australian Government to properly support enabling programs in the context that these are HECS exempt but are a significant strategy in meeting the objective of increased participation. The University also anticipates some increase in postgraduate coursework load which it believes should be supported by Australian Government places on the grounds that this load represents professional entry level qualifications that are at postgraduate level (such as the Graduate Diploma in Teaching and Learning) or in postgraduate qualifications required to properly skill people taking up employment in the Northern Territory. Page 26 The University anticipates maintaining growth in international student load as illustrated in the table below. Notwithstanding a pattern of recent strong growth, the University is taking a conservative approach in specifying forward estimates for the compact period, in anticipation of the predicted strong downturn in the Australian market for international students. IFP 2011 2012 2013 Total EFTSL 515 550 590 In terms of onshore international student load the University is focused on enhancing major partnership arrangements in Wuhu, Haikou and Wuhan (in China) and Kuala Lumpur (in Malaysia) along with the development of new relationships in Meizhou (China). A new agreement signed with Hainan University and Anhui Normal University focuses on the establishment of the recently awarded Confucius Institute in Darwin in 2011. Memoranda of Understanding and Agreements have recently been entered into with Indonesian universities, with a focus on law studies. The University is also anticipating entering into an arrangement with a third party provider in Sydney (the Macquarie Education Group Australia) for the franchised delivery of programs in business to international students. These developments will assist CDU achieve its international student load growth targets. The University is developing a suite of new high quality on line fee-paying postgraduate coursework products in the areas of business, engineering and health to be offered progressively through a new set of delivery arrangements aimed at guaranteeing quality of student experience and outcome. These will be available in the domestic market and should boost CDU’s low current fee paying load as well as being offered offshore in the medium to longer term. 3.5. Other key teaching and learning priorities: University strategies There are two other matters which are key priorities for CDU in relation to Learning & Teaching: partnerships to enhance academic outcomes; and the VET-HE Nexus which are discussed below. Partnerships CDU has the following Strategic Goal: CDU will actively pursue and establish partnerships which strengthen capacity while delivering mutually beneficial outcomes. In the first few years of establishment CDU concentrated on embedding the integration of four separate institutions to form a single University. With that completed, CDU has emphasised and developed a small number of strategically important academic partnerships which will be further Page 27 strengthened and elaborated over the life of the compact: Northern Territory Government (NTG) CDU and the NTG are implementing the second iteration of a major partnership agreement (http://www.cdu.edu.au/government/) the overarching aim of which is to continue and expand upon the mutually productive and cooperative relationship between CDU and the NTG that will result in lasting and sustainable benefits to the social and economic development of the Northern Territory. Partnership activities have and will focus on the achievement of the following core objectives relevant to education and training: A critical mass of University enrolments, resident teaching and research staff, and funding applications to build the capacity of CDU and enhance CDU’s role as a cultural and intellectual leader in the local and global community Courses relevant to both industry and NTG needs VET and higher education sectors that are relevant and appropriate to industry needs, seek to achieve real employment outcomes, offer a range of suitable courses, and provide seamless pathways for learning A thriving and engaged Indigenous population that achieves success in relevant education, employment and training programs clearly linked to social and economic outcomes. Australian National University CDU has a strategic partnership with the Australian National University (ANU). Dimensions related to education that are and will be further developed and implemented throughout the duration of the compact include: Articulation pathways in bachelor programs for outstanding students, where students completing an agreed first year curriculum can complete their degree at ANU Joint development of a new Foundation degree based on integrated VET and HE curriculum and with a strong emphasis on workplace learning Summer exchange scholars and Visiting Fellows. Flinders University CDU is developing a strategic partnership with Flinders University based on past and continuing cooperation in health but extending to other areas The CDU – Flinders partnership will be underpinned by a principle-based Collaboration Agreement signed by the Vice-Chancellors in early 2011. Specific collaborative activities, including the new Northern Territory Medical Program and the establishment of the Not-ForProfit venture FCD Health, are governed by more detailed contractual arrangements that build upon the overarching principles. The expectation of CDU and Flinders is that the partnership activities will grow into academic Page 28 and non-academic areas over the course of 2011 and throughout the duration of the compact, encompassing activities in areas such as engineering, social sciences and humanities, environmental science and back-office collaboration, including areas such as IT systems. It is also expected that CDU and Flinders will be developing a joint SAF build to support the joint initiatives. Batchelor Institute of Indigenous Tertiary Education (BIITE) Building on past collaboration, CDU and BIITE are entering a strong and coordinated partnership to improve tertiary education outcomes for Indigenous Australians and contribute to the long-term sustainability of BIITE, with the joint Australian Centre for Indigenous Knowledge and Education (ACIKE) being the vehicle for realising this partnership. New arrangements for the delivery in partnership between CDU and BIITE of HE offerings previously offered through BIITE will come into full effect in 2012. Preparations include the mapping of student transition pathways, the redesign of a specific Indigenous enabling program, the development of integrated HE curriculum and shared teaching arrangements and implementation of flexible delivery modes. All HE programs will be subject to CDU accreditation and quality assurance processes and students will receive CDU awards with a joint BIITE badge. Transition to the new delivery model is supported by a significant Commonwealth Grant awarded through the Structural Adjustment Fund - which is also supporting a significant exercise in the harmonisation of information technology and student services between BIITE and CDU. Arrangements for the establishment and governance of ACIKE have been agreed between CDU and BIITE and the Centre will be accommodated in a state-of-the-art building funded by the Australian Government incorporating leading edge pedagogic and cultural safety design principles that will be the largest facility dedicated to Indigenous higher education in Australia. Measures Performance in Academic Partnerships will be monitored generally by an Academic Collaborations Committee, which will be established in 2011 and will report to the ViceChancellor. Measures of performance will include: Improvement in attracting first preferences of NT students. Meeting targets of student enrolments in individual academic partnership agreements. Reduction in risk assessments across various issues, monitored via the ViceChancellor’s Risk Register. Number of co-supervised HDR students VET-HE Nexus CDU is a multi-sector sector institution. In 2010 about 14,000 students undertook VET offerings and 7,000 students undertook HE offerings. In many cases, students have benefited from both VET and HE offerings. The University is seeking to maximise these opportunities through pathways, shared resources and collaborative means of engagement with its external communities. CDU has clearly stated its intent to ensure that students can maximise their opportunities to study VET and HE courses and reduce study time by accessing recognition for previous study. In the Vision section of the Strategic Plan, the University states: Page 29 “As a distinctive multi-sector education provider, this University will be recognised as a leader in student support and the provision of pathways from vocational education through to advanced research degrees.” The University currently has formalised pathways in business, accounting, finance and hospitality. These pathways are mostly utilised by International students as alternative entry pathways into HE courses. There is scope to expand these pathways and further promote them to domestic students, especially those from target equity groups. During the compact period, CDU will build on its unique multi-sector position to optimise student pathways across the tertiary education spectrum and increase the formal articulation arrangements from VET to HE and vice-versa. Measures Measures of performance will include: 4. Increase in number of formal VET-HE pathways. Increase in participation in VET-HE Pathway programmes. PERFORMANCE FUNDING Commonwealth objectives 4.1 Higher education Performance Funding will provide incentives for universities to improve outcomes for students. 4.2 To be eligible for Performance Funding, the University must: (i) be a Table A provider (see paragraph 30-1(1)(a)(i) of the Act); and (ii) be a provider for which the Minister has allocated a number of Commonwealth supported places to the provider for that year under section 30-10 (see paragraph 30-1(1)(b) of the Act); and (iii) be a provider which has entered into a funding agreement with the Commonwealth under section 30-25 in respect of a period that includes that year (this being the 2011-2013 Compact). 4.3 Performance Funding has two components: (i) Facilitation Funding; and (ii) Reward Funding for achieving university performance targets Facilitation Funding 4.4 Facilitation Funding acknowledges both the diverse missions of universities and the commitment to the Australian Government’s learning and teaching goals. Page 30 4.5 The Australian Government will provide Facilitation Funding to universities commencing in 2011. 4.6 Facilitation Funding will be paid as a formula driven share of the available funding. Each university’s Facilitation Funding payment will be calculated on their proportional share of Commonwealth Grant Scheme Basic Grant Amount (section 33-5 of the Act) and the Grants to Support National Institutes specified in the Other Grants Guidelines (item 4 of subsection 41-10 of the Act). Refer to the Performance Funding Technical Guidelines for further details. 4.7 As a condition of the Facilitation Funding component of Performance Funding, in accordance with this agreement, the University must: (i) inform the Australian Government of strategies and goals for achieving the University’s teaching and learning mission described under clauses 3.1, 3.2 and 3.4; and (ii) agree to the performance targets relating to specific Australian Government goals contained in clause 4.14. 4.8 Once a 2011-2013 Compact has been agreed, the University will be paid the 2011 Facilitation Funding amount, plus any indexation, each year of the Compact period. 4.9 The Commonwealth and the University agree to annual review, under Section 9 of this Compact, of the effectiveness of implementation of the strategies and goals for achieving the University’s teaching and learning mission described under clauses 3.1, 3.2 and 3.4. Reward Funding 4.10 From 2012, the Australian Government will introduce Reward Funding for universities that achieve performance targets. 4.11 As a condition of the Reward Funding component of Performance Funding, in accordance with this agreement, the University must: (i) agree performance targets as outlined in clause 4.14; (ii) supply performance data to the Commonwealth for relevant indicators as per the requirements set out in section 2 of the Performance Funding Technical Guidelines; and (iii) achieve the relevant targets as outlined in clause 4.14. 4.12 Each university’s maximum possible Reward Funding payment will be calculated on their proportional share of Commonwealth Grant Scheme Basic Grant Amount, consistent with the focus of Performance Funding being on improvement of teaching and learning. HESA Funding Agreement 4.13 This section 4, together with the terms and conditions set out at Attachment D to this Compact, constitute the HESA Funding Agreement for the provision of Performance Funding to the University. Page 31 University performance targets 4.14 The University’s performance targets are in the table below. (i) Performance targets refer to the year of payment. (ii) Progress targets represent progress towards achievement of aspirational goals. Reward Funding for achievement against the 2014 and 2015 progress targets and aspirational goals would be the subject of a future Compact. University performance categories and targets Performance Category 1: Participation and Social Inclusion Performance indicator 1A: Proportion of domestic undergraduates who are from a low SES background Baseline for improvement target: 13.64% (2009 data) Excellence Target Improvement Target 2012 Reward Payment 2013 Reward Payment 2014 Progress target 2015 Progress target (target for 2011 students) (target for 2012 students) (target for 2013 students) (target for 2014 students) N/A N/A 13.89% 14.29% 14.89% 15.49% Outcome Performance indicator 1B: Proportion of domestic undergraduate students who are Indigenous Baseline for improvement target: 4.47% (average of 2008/09 data) Improvement Target 2012 Reward Payment 2013 Reward Payment (target for 2011 students) (target for 2012 students) 4.53% 4.64% Outcome Page 32 University performance categories and targets Performance Category 2: Student Experience Performance indicator 2A: Domestic undergraduate satisfaction with teaching (Measured using data from the Australian Graduate Survey – Course Experience Questionnaire (CEQ) [Good Teaching Scale and Overall Satisfaction Item]) 2012 Reward Payment 2013 Reward Payment N/A Participate in 2013 CEQ* (2012 final year students) to establish baseline performance. Participation Outcome N/A * the 2012 CEQ report refers to students whose final year of study was in 2011 and who participated in the CEQ survey in 2012 and where performance was reported in 2013. Performance indicator 2B: Domestic undergraduate experience (Measured using data from the University Experience Survey [UES]) 2012 Reward Payment 2013 Reward Payment N/A Participate in the development of the UES to establish baseline performance. Participation Outcome N/A Page 33 University performance categories and targets Performance Category 3: Quality of Learning Outcomes Performance indicator 3A: Domestic undergraduate satisfaction with generic skills (Measured using data from the Australian Graduate Survey – Course Experience Questionnaire (CEQ) [Generic Skills Scale]) 2012 Reward Payment 2013 Reward Payment N/A Participate in 2013 CEQ* (2012 final year students) to establish baseline performance. Participation Outcome N/A * the 2012 CEQ report refers to student whose final year of study was in 2011 and who participated in the CEQ survey in 2012 and where performance was reported in 2013. Performance indicator 3B: Domestic undergraduate value added generic skills (Measured using data from the Collegiate Learning Assessment (CLA)) 2012 Reward Payment 2013 Reward Payment N/A Participate in the development of the CLA to establish baseline performance. Participation Outcome N/A Performance indicator 3C: Composite Teaching Quality Indicator (TQI) 2012 Reward Payment 2013 Reward Payment N/A Participate in development of composite indicator (including providing data where requested) to establish baseline performance. Participation Outcome N/A Page 34 4.15 Section 3 of the Performance Technical Funding Guidelines provides detailed information on the calculation and assessment of the above indicators. Section 4.2.2 of the Performance Funding Administrative Guidelines also provides information on implementation of new performance indicators. 4.16 The Australian Government undertakes to consult the higher education sector on the development and enhancement of indicators for the purposes of Performance Funding. 5. COMMONWEALTH GRANT SCHEME 5.1 Attachment E contains the current HESA Funding Agreement for the provision of Commonwealth Grant Scheme funding to the University for the 2009 to 2011 calendar years. 5.2 Attachment E becomes part of this Compact on execution of the Compact. 5.3 The Commonwealth anticipates that any future HESA Funding Agreements for the provision of Commonwealth Grant Scheme funding to the University will also form part of this Compact. 6. OTHER FUNDING PROVIDED BY DEEWR 6.1 A list of key programs and funding allocations under which the Commonwealth, through DEEWR, provides support to the University is set out at Attachment A. This list may be updated from time to time, including if the University is successful in applying for any new and/or additional Commonwealth funding. Page 35 PART THREE The Minister for Innovation, Industry, Science and Research, with assistance from DIISR, has Commonwealth responsibility for the matters set out in this Part Three of the Compact. 7. RESEARCH, RESEARCH TRAINING AND INNOVATION A range of research, research training and innovation performance indicators and targets are proposed in this section. Principal Performance Indicators are compulsory and institutions may voluntarily nominate Additional Performance Indicators and targets considered reflective of individual institutional goals. The Commonwealth recognises that universities have diverse missions and, consequently, targets and performance will vary between institutions. Universities should develop performance indicators and targets to reflect their individual performance and strategic direction. 7.1. Research performance and research capability Research performance and research capability: Commonwealth objectives 7.1.1. The Commonwealth encourages excellence in research performance and the strengthening of research capability. Particular objectives are to: a. progressively increase the number of research groups performing at world class levels, as measured by international performance benchmarks; and b. promote collaboration, including collaboration between researchers within Australia and internationally. 7.1.2. The Commonwealth, through DIISR, may provide funding to the University to assist the University achieve these Commonwealth research performance and research capability objectives, including through the Sustainable Research Excellence in Universities (SRE) program, the Research Infrastructure Block Grants (RIBG) scheme and, where relevant, the Collaborative Research Networks (CRN) program. 7.1.3. If the University is provided with funding from DIISR under the Collaborative Research Networks (CRN) program, the University will be required to enter into a legally binding CRN funding agreement with DIISR. That legally binding agreement will not be made under HESA and will be separate from, but made within the framework of, this Compact from the date of its execution. 7.1.4. Other Commonwealth funding to assist the University achieve these Commonwealth objectives may also be provided outside of this Compact by the Australian Research Council (ARC), the National Health and Medical Research Council (NHMRC), the International Science Linkages program, the Australia-India Strategic Research Fund, and research infrastructure funds such as the Education Infrastructure Fund, Super Science Initiative and the Cooperative Research Centres (CRC) program. Page 36 7.1.5. The Commonwealth, through the ARC, will implement the Excellence in Research for Australia (ERA) initiative which will evaluate research undertaken at Australian universities against international benchmarks. ERA will be used in the future to assist in determining funding in some research programs (for example, the Sustainable Research Excellence in Universities [SRE]) administered by the Commonwealth. Research performance and research capability: University strategies As a small regional University CDU has made considerable progress in developing research but nonetheless continues to face significant challenges with respect to building research capacity and critical mass. In order to meet these challenges the University’s primary strategies are to concentrate research activity, foster partnerships with other research institutions and align resources with areas of identified research focus. Research Concentration CDU achieves research concentration through focusing its research within the institution to maximise benefits to both the region and the wider academic community. To achieve focus, the University has identified a limited number of research focii. These focii are based on our established research strengths and a small number of developing research priorities. CDU currently identifies the following areas of research focus: Environment and Livelihoods (identified area of research strength) Human Health and Wellbeing (identified area of research strength) Social and Public Policy Education Energy In addition, Indigenous Knowledges is a cross-cutting research focus that is incorporated, where possible, into the areas identified above. The recently released ERA 2010 results support CDU’s identified areas of research strength, Environment & Livelihoods and Human Health & Wellbeing, as demonstrated below. Areas of Research Strength FoR Code & Name Inst. Rating Environment & Livelihoods 05 Environmental Sciences 3 0502 Environmental Science & Management 4 06 Biological Sciences 3 0605 Microbiology 3 0608 Zoology 4 07 Agriculture & Veterinary Sciences 4 14 Economics 3 Page 37 Human Health & Wellbeing 11 (BCH) Medical and Health Sciences 3 1103 Clinical Sciences 4 1108 Medical Microbiology 4 11 (PAH) Medical and Health Sciences 3 1117 Public Health and Health Services 3 CDU’s ERA data also supports Social and Public Policy and Education as areas in which we have significant staff capacity (11% and 12% of eligible staff respectively) but where performance is currently not strong. These areas are considered to be of significant strategic importance to CDU and the Northern Territory Government (NTG) and, as such CDU is accelerating the development of Social and Public Policy through the establishment of The Northern Institute and several new staff appointments, including a high profile Director. Strategic investment is also being directed to research in the area of Education with the key objective to significantly lift performance over the next 3-5 years. Cross-disciplinary partnerships with the Menzies School of Health Research Centre for Child Development and research leadership in the CRC Plant Biosecurity are critical to this goal. A new Head of School of Education will be commencing in 2011 and, in conjunction with the Director of the Australian Centre for Indigenous Knowledge and Education (ACIKE) will play a key role in building strength in this domain. In addition, the University has established the Centre for School Leadership, Learning and Development in partnership with the NTG and CDU’s Menzies School of Health Research has established the Centre for Child Development and Education which has received significant funding from the NTG and the Ian Potter Foundation. Energy Research is a very new area of focus and strategic investment for the University and is considered to be a niche area in which CDU can develop significant research capacity over time. This is being supported through the recent establishment of the Centre for Renewable Energy and Low Emission Technology and the Centre for Hydrocarbon Research, Education and Training, both in partnership with, and receiving significant funding from, the NTG. Consideration is also being given to including Creative Industries as an area of research focus for the University and a decision on this is likely to be made early in 2011. To further support the concentration of research activities into these identified areas of focus, the majority of CDU’s research activity, until recently, was undertaken within the Institute of Advanced Studies (IAS). In 2009 an external review of the IAS recommended a closer alignment between the research schools of the IAS and the Faculty teaching schools and the establishment of research institutes and centres within the Faculties. In response to these recommendations CDU moved to establish the following Research Institutes and Research Centres in 2010: Research Institute for Environment and Livelihoods The Northern Institute Research Centre for Health and Wellbeing Centre for Child Development and Education Centre for School Leadership, Learning and Development Centre for Renewable Energy and Low Emission Technology Page 38 Centre for Hydrocarbon Research, Education and Training In addition, a new definition of Research Active staff was introduced in late 2010 that academic staff will be required to meet in order to maintain membership of a Research Institute or Research Centre. Over the course of the Compact a series of initiatives, including mentoring and support for preparation for publication and for research grant preparation, will be put in place to better support early career researchers and to improve the performance of mid-career researchers. Both are critical to CDU’s research output and future research capacity. In addition a project to identify appropriate impact measures is being framed with the NTG and the Menzies School of Health Research. This will be informed by the ARC’s consideration of impact measures. Menzies School of Health Research (MSHR) has remained an independent research school attached to the IAS and has been given Faculty status within the University’s organisational structure. Research Partnerships A significant element of the University’s strategic approach to research is the development of partnerships and collaborative relationships with external agencies. These partnerships provide the University with access to the critical mass required to enable the undertaking of large scale research projects aimed at generating solutions to the complex problems faced by northern Australia and its neighbouring regions. The University targets its activity in partnerships to support its areas of identified research focus. Examples include the University’s Partnership with the Northern Territory Government (NTG), dating from 2004, which has yielded significant advantages in terms of operational outcomes and capacity building for both the University and the NTG; an MoU with the Australian National University (ANU) that provides a framework for collaboration and which has resulted in a formal agreement for joint PhD offerings from 2011 and a marine science alliance with the Australian Institute of Marine Science, ANU and the NTG. The University is also actively pursuing partnerships with international institutions. In 2010, MoUs providing a collaborative framework for research and research training were signed with UNIMAS, UKM (LESTARI) and Hainan University. Collaborative Research Networks Funding Building on existing strengths and research relationships with the Australian National University, James Cook University and the Australian Institute of Marine Science, CDU has gained funding of $5,038,353 (60% of requested funding) over three years (2011-2013) for the establishment of a program of collaborative research relationships that will build capacity around critical questions that face the nation and the Northern Territory: the social and population impacts of climate change; the impact of urbanisation and infrastructure development on ‘greenfields sites; and human migration policy and regulatory impacts. This collaborative program will increase CDU’s research capacity in the social and environmental sciences and will underpin a sustainable future for research collaboration across the partnership institutions and their end users. CDU is also a partner on the successful (albeit with limited funding) CRN submission led by the Batchelor Institute of Indigenous Tertiary Education that aims to address a national need for Indigenous researcher capacity building, critical mass and networks of collaboration. Page 39 Research Resources A further mechanism by which the University supports its objective of research focus and capacity building is through allocating resources to areas of identified research focus. At least 95% of RIBG and JRE funding is allocated by the Research and Higher Degrees Committee (RHDC) to identified areas of research strength and developing areas of priority. Until recently all funds were allocated through specific competitive funding programs to support the enhancement of research culture and activity including Fellowship, Time Release, Internal Project Grant and Special Initiatives schemes, Competitive Infrastructure Grants and Visiting Scholar schemes, Cooperative Research Centres, University scholarships and conference attendance programs. The Menzies School of Health Research is an exception to this, receiving its allocations in the form of block funding on the basis of performance, regulated by an MOU. However, in order to drive performance and in line with the University’s transition towards greater localised decision making, the RHDC, in 2010, introduced performance based funding for all Faculties and Schools. Funds for Strategic Initiatives, Cooperative Research Centre contributions and University scholarships are still managed centrally by the RHDC, and developing areas of priority receive an identified allocation through strategic initiatives funding on submission of an approved strategic plan. The remaining funds are now distributed to Faculties and Schools on the basis of performance. This change in method of allocation has not altered the percentage of funding distributed to areas of research focus i.e. in 2010 greater than 95% of RIBG and JRE funding was allocated to areas of research strength and developing areas of priority. 7.1.6. The purpose of the research performance and research capability performance indicators and targets is to assist the University and Commonwealth monitor the University's progress against the Commonwealth's objectives and the University's strategies for research performance and research capability. 7.1.7. The University will aim to meet the research performance and research capability performance indicators and targets set out in the following table. Principal Performance Indicators Baseline2 Target 20133 Number of disciplines, as defined by two-digit Fields of Research (FoR), performing at world standard or above (3, 4 or 5) 6 6 Number of disciplines, as defined by four-digit FoR, performing at world standards or above (3, 4 or 5) 6 6 Disciplines the university commits to demonstrating 3 3 2 Baseline data is collected in 2010 but will generally refer to an earlier period. For example, the baseline for Category 1 income is collected through the 2010 HERDC data collection but refers to income in 2009. Similarly, the targets relate to the year in which the data is collected. 3 Target refers to data collected in the previous year. For more information, see definition of baseline data. Page 40 substantial improvement in as defined by two-digit FoR and/or four-digit FoR Principal Performance Indicators Category 1 income Progressive Target 20115 Progressive Target 2012 Target 20136 11.4m 11.0m 12.0m 13.0m 35 2 29 0 30 2 35 5 54 13 62 12 65 15 70 20 Baseline4 Number of joint research grants and jointly supervised PhD students with other universities and research organisations Joint Research Grants in Australia overseas Jointly Supervised PhD Students in Australia overseas Additional Performance Indicators Baseline Progressive Target 2011 Progressive Target 2012 Target 2013 Research income per RE/RT FTE 133,782 140,000 150,000 160,000 0.99 1.05 1.10 1.15 65% 68% 70% 70% Research Outputs (weighted points) per RE/RT FTE % joint publications co-authored with researchers from other Australian and/or international institutions 4 Baseline data is collected in 2010 but will generally refer to an earlier period. For example, the baseline for Category 1 income is collected through the 2010 HERDC data collection but relates to income in 2009. Similarly, the targets relate to the year in which the data is collected. 5 Progressive target refers to data collected in the previous year. For more information, see definition of baseline data. 6 Target refers to data collected in the previous year. For more information, see definition of baseline data. Page 41 7.2. Research training Research training: Commonwealth objectives 7.2.1. The Commonwealth encourages excellence in the provision of research training. Particular objectives are to: a. Support research excellence and develop an internationally competitive research workforce in Australia through high quality research training; and b. Significantly increase the number of students completing higher degrees by research over the next decade. 7.2.2. The Commonwealth, through DIISR, may provide funding to the University to assist the University achieve these Commonwealth objectives, including through the Research Training Scheme (RTS), Australian Postgraduate Awards (APA), and International Postgraduate Research Scheme (IPRS). 7.2.3. Other Commonwealth funding to assist the University achieve these Commonwealth objectives may also be provided outside of this Compact by the ARC, NHMRC, DEEWR and DIISR, for example through the Cooperative Research Centres (CRCs) program. Research training: University strategies Quality HDR Programs The University’s Doctor of Philosophy and Master by Research degrees were both re-accredited in 2010. Input was received into this process by external members of the Research Advisory Board (Prof Steve Dovers, ANU; Prof Iain McCalman, USyd, Prof Steve Leeder, USyd and Prof Bill Louden, UWA). Alignment and Resourcing Through targeting its resources to designated research focii the University ensures an appropriate level of human and physical infrastructure for HDR students. University Postgraduate Research Scholarships (UPRS) are allocated on the basis of merit but have the added requirement that applicants must be aligned with one of the University’s areas of research focus. Similarly, successful IPRS applicants must be aligned with one or more of the University’s areas of research strength or priority, and scholarships provided from other sources (e.g. APAI, CRCs, government and industry) align with the University’s research focii as a result of the strategic nature in which the University identifies and pursues its partnerships. Even APA scholarships that are allocated solely on the basis of merit are, in practice, almost always awarded in areas of research focus as a result of the human and physical resources, including externally funded grants, available to those areas. As a result of this approach the University’s HDR profile closely aligns with the designated research focii for the University. Page 42 HDR Students by Broad Areas of Study (2010) In addition, the University distributes 60% (70% Menzies) of its annual RTS allocation and a similar percentage of international fees direct to Faculties for use in the support of HDR students. RTS allocations are currently made on the basis of supervisory load (50%) and performance (50%). It is a requirement of the University’s Research and Higher Degrees Committee that the School in which HDR students are enrolled be able to identify and commit to a minimum standard of support. This support must be specified, at the time of evaluating each application for admission, in terms of the availability and quality of the human and physical resources that are available for prospective HDR students. CDU has Guidelines on Minimum Resources for HDR Candidates, for office and laboratory space, computing and general facilities, direct financial support and interlibrary loans for both internal and off campus students. In practice the Faculties exceed the minimum requirements for direct financial support. Increasing HDR Student Load The University is committed to increasing HDR student load through effective marketing, increasing international research student numbers and forming research partnerships with research intensive Australian and International universities. Marketing initiatives include the promotion of the University’s research intensiveness and niche areas of research focus through various media, including television and print. From 2011 the University has introduced a Prestigious International Research Tuition program that will provide fee scholarships for outstanding international applicants subject to a living allowance being funded by the school and/or the award of a UPRS or similar. The University is also pursuing growth in HDR numbers through collaborative partnerships with research intensive Australian and International universities. Amendments to the Common Rules for PhD were approved by the University Council in 2010, allowing for CDU to offer joint and dual-award PhD programs and Principles Governing Collaborative PhD Programs have been approved by Academic Board. An agreement has been finalised with ANU to offer Joint PhD programs from 2011 and similar discussions are taking place with Universiti Malaysia Sarawak Page 43 and Universiti Kebangsaan Malaysia. Student Satisfaction CDU’s PREQ data for 2010 (2009 cohort) are encouraging, with all but one measure scoring above the sector average and 88% of respondents reporting a positive HDR experience overall. The PREQ results are further supplemented by a biennial survey of current students focused on the Quality of Supervision and Resources. HDR Survey Results (2006-2010) - % students satisfied or very satisfied Improving Completion Rates CDU’s approach to facilitating the timely completion of HDR candidates includes the provision of scholarships and adequate resources as discussed above along with the monitoring of progress and the provision of innovative training targeted at completion. Since 2009 the University has provided the award winning Innovative Research Universities (IRU) supported High Performing Researcher program (known as the Complete PhD program in 2009) to HDR students. Generic Skills Training CDU aims to ensure that its HDR graduates are well equipped for the workforce. Attributes expected of a CDU research graduate include discipline specific research skills, written and oral communication skills, skills in managing information, problem solving and other high level cognitive skills, project management, and interpersonal and team working skills. Providing a quality research training experience through accredited training programs, quality supervision and appropriate resourcing; At a University level, a major program is provided through the Generic Skills Training Week http://www.cdu.edu.au/research/office/workshops.html while Menzies runs a specific health research training program. In addition, an online program has been developed by CDU “My Research” http://learnline.cdu.edu.au/myresearch/. This program provides online research skills training under four categories: Preparation, Planning, Process and Product. HDR students also have free access to DevelopPD http://www.cdu.edu.au/pmd/NETg/index.html, an online learning portal for the flexible delivery of e-learning courses with the provider SkillSoft. Page 44 Research training: Performance indicators and targets 7.2.4. The purpose of the research training performance indicators and targets is to assist the University and Commonwealth monitor the University's progress against the Commonwealth's objectives and the University's strategies for research training. 7.2.5. The University will aim to meet the research training performance indicators and targets set out in the following table. Principal Performance Indicators Baseline7 Progressive Target 20118 Progressive Target 2012 Target 20139 HDR Student load 164.75 168.00 180.00 195.00 4 17 2 19 3 21 4 Baseline Progressive Target 2011 Progressive Target 2012 Target 2013 Postgraduate Research Experience Questionnaire – overall satisfaction (% agreement) 88% 90% 90% 90% International HDR Student Load 31 EFTSL 37 EFTSL 41 EFTSL 45 EFTSL 10.3% 7.5% 5.0% 5.0% HDR Student completions by level of degree masters doctorates Additional Performance Indicators HDR student attrition rate 7.3. 23 Innovation Innovation: Commonwealth objectives 7.3.1. The Commonwealth encourages innovation and seeks to build an innovation system which contributes to economic growth and wellbeing by promoting links between Australian businesses, universities and publicly-funded research agencies. 7 Baseline data is collected in 2010 but will generally refer to an earlier period. For example, the baseline for Category 1 income is collected through the 2010 HERDC data collection but refers to income in 2009. Similarly, the targets relate to the year in which the data is collected. 8 Progressive target refers to data collected in the previous year. For more information, see definition of baseline data. 9 Target refers to data collected in the previous year. For more information, see definition of baseline data. Page 45 7.3.2. The Commonwealth, through DIISR, may provide funding to the University to assist the University achieve this Commonwealth objective, including through the Joint Research Engagement (JRE) program. Details of any funding provided by DIISR to the University to encourage innovation are set out in Attachment B. 7.3.3. Other Commonwealth funding to assist the University to achieve this Commonwealth objective may also be provided outside of this Compact including through Commercialisation Australia, the CRC and Enterprise Connect programs, and by AusIndustry and the ARC. Innovation: University strategies The University is committed to undertaking research focussed on generating solutions to the complex problems faced by northern Australia and its neighbouring regions. As such, the University’s research is primarily applied and directed towards the public good. CDU-NTG Partnership (2007-2012) CDU’s Partnership with the Northern Territory Government combines the expertise of both Parties to create dynamic and forward thinking solutions for the issues facing the Northern Territory and elsewhere in the world. Research undertaken under the Partnership has made significant contributions to public policy and service delivery methods relevant to the NT’s economic, social and environmental needs. The partnership also supports research programs in niche areas that build on the NT’s competitive advantage. For example, the marine science alliance, established in 2010, unites the efforts of CDU, NTG, AIMS and the ANU to focus attention on the critical issues of coastal and marine sustainable development, climate change mitigation and the protection of biodiversity, while the Centre for Renewable Energy and Low Emissions Technology (CDU, NTG), also established in 2010, will be the key institution in spearheading initiatives under the Northern Territory Government’s Climate Change Policy. Innovative Research Universities (IRU) Group In 2009 CDU became a member of the IRU Group, a network of seven world-class universities committed to conducting high-quality research and applying their collective expertise to enhance the outcomes of higher education. Research collaboration is a current area of focus for the IRU and, in 2010, a networking group was formed to share knowledge and explore collaborative research opportunities under the theme Ecosystem Tipping Points. As mentioned previously the IRU also sponsors the award winning High Performing Researcher Program which applies the latest psychological and educational research to enhance the quality and effectiveness of the research higher degree study experience. From 2010 the focus of this program has been expanded to include Early Career Researchers. Supporting Open Access CDU is committed to contributing to the Open Access publishing environment and to associated improvements in discovery and access. Over the last 2-3 years the University has invested Page 46 considerable resources in the development and implementation of its Institutional Repository, CDU eSpace. eSpace will provide a stable, long term storage location for CDU’s research outputs and datasets that is easy to access and use by authorised staff and students of CDU while also making public and open access materials available to the wider world. From 2011 a portion of the costs associated with the continued development and implementation of CDU eSpace will be sourced from SRE funding. Improved Frameworks for the Management of Intellectual Property The University recognises that its management of intellectual property is an area in which significant improvements can be made. One of the ways in which the University is addressing this issue is through the formation of the ORI in 2010, the result of a merger between the University’s Research Office and Business Development area. Some progress has already been made with the establishment of principles and standard clauses for the management of Intellectual Property, confidentiality and publications in contractual arrangements. In addition, the University has purchased a new Research Management System that will provide the ability to record contractual details associated with projects, including arrangements related to IP and publications. The review of all relevant policies, guidelines and processes has been identified as an activity for 2011 within the ORI Operational Plan and will include a dissemination and education component. This will provide the foundation for a subsequent audit of IP across the University. In addition, a project is underway focused on implementing the requirements for effective research data management. This project is currently in the scoping stage, identifying the types of data that will require storage, associated metadata requirements and the range of processes that need to be developed to ensure effective collection, storage, access and retrieval. SRE funding will support a position from 2011-2013 that will take carriage of this project. eResearch The University is currently exploring options for joining an Australian eResearch institute. This will enable greater collaboration in epidemiology, environmental research, spatial science, and mathematical modelling. Innovation: Performance indicators and targets 7.3.4. The purpose of the innovation performance indicators and targets is to assist the University and Commonwealth monitor the University's progress against the Commonwealth's objectives and the University's strategies for innovation. 7.3.5. The University will aim to meet the innovation performance indicators and targets set out in the following table. Page 47 Principal Performance Indicators Baseline10 Category 3 research income Number of active collaborations13 and partnerships14 with industry and other partners: in Australia overseas Progressive Target 2012 Target 201312 $3.5m Progressive Target 201111 $3.8m $4.2m $4.6m 54 3 55 3 60 4 65 4 Principal Performance Information1516 Baseline Number of patent and plant breeder’s rights families filed, issued and held Number of licences, options or assignments (LOAs)17 executed and income derived Number and value of research contracts and consultancies executed Investment in spin-out companies during the reporting year and nominal value of equity in spin-outs based on last external funding/liquidity event or entry cost Filed Issued Held Nil Nil Nil No. Value($) Nil Nil No. Value($) 41 $15,897,091 Investment ($) Value($) Nil Nil 10 Baseline data is collected in 2010 but will generally refer to an earlier period. For example, the baseline for Category 1 income is collected through the 2010 HERDC data collection but refers to income in 2009. Similarly, the targets relate to the year in which the data is collected. 11 Progressive target refers to data collected in the previous year. For more information, see definition of baseline data. 12 Target refers to data collected in the previous year. For more information, see definition of baseline data. 13 Collaboration involves activities where two or more parties work together and each contributes resources such as intellectual property, knowledge, money, personnel or equipment, to address a shared objective with a view of mutual benefit 14 Research and development collaborations with industry or other partners with a commercial intent: include active ongoing research projects or partnerships activated through a written agreement (eg contract or signed letter of intent) between the university and either Australian or overseas industry partners. Activities could include, joint research/development projects with industry or arrangements with firms to commercialise research outcomes, other non-teaching activities, or other collaborations). 15 This set of performance information does not require targets. Universities will be asked to advise their baseline performance and will report on their future performance in the context of the Institutional Performance Portfolio Information Collection commencing in 2011. Patent and plant breeder right family refers to a group of patent or plant breeder rights applications or grants emanating from a single filing. Note: this question only concerns patent and plant breeder rights families, and is not in reference to families of other forms of registered IP (ie trade marks). 16 Please use the definition of contracts and consultancies utilised in the National Survey of Research Commercialisation (NSRC). A copy of the survey is available at this URL: http://www.innovation.gov.au/Section/Innovation/Pages/TheNationalSurveyofResearchCommercialisation.aspx 17 A LICENCE agreement formalises the transfer of technology between two parties, where the owner of the technology (licensor) grants rights to the other parties (licensee). An OPTION agreement grants the potential licensee a time period during which it may evaluate the technology and negotiate the terms of a licence agreement. An option agreement is not constituted by an Option clause in a research agreement that grants rights to future inventions, until an actual invention has occurred that is subject to that Option. An ASSIGNMENT agreement conveys all right, title and interest in and to the licensed subject matter to the named assignee. Page 48 7.3.6. The set of performance information on patents and other research commercialisation activities does not require targets. Universities should advise their baseline performance here. Annual reporting on future performance against these indicators will be in the context of the Institutional Performance Portfolio Information Collection commencing in 2011. Additional Performance Indicators Number of contracts and grants awarded to support Category 2 research income. 62 Progressive Target 201119 43 Progressive Target 2012 50 Target 201320 60 Number of contracts and grants awarded to support Category 3 research income. 22 14 20 25 Number of contracts and grants awarded to support Category 4 research income. 2 1 2 4 Baseline18 8. FUNDING FOR RESEARCH AND RESEARCH TRAINING PROVIDED BY DIISR 8.1 Attachment B sets out the University’s Commonwealth funding allocations for 2011 from Commonwealth research and research training programs administered by DIISR. This list may be amended from time to time, including if the University is successful in applying for any new and/or additional Commonwealth funding. 18 Baseline data is collected in 2010 but will generally refer to an earlier period. For example, the baseline for Category 1 income is collected through the 2010 HERDC data collection but refers to income in 2009. Similarly, the targets relate to the year in which the data is collected. 19 Progressive target refers to data collected in the previous year. For more information, see definition of baseline data. 20 Target refers to data collected in the previous year. For more information, see definition of baseline data. Page 49 PART FOUR 9. COMPACT REVIEW 9.1 This Compact will be reviewed annually by both the Commonwealth and the University. This review will be a mechanism for considering progress made towards agreed goals outlined in this Compact. It will aim to ensure that the Commonwealth and the University will continue to focus on key objectives and strategies. 9.2 The review will create an opportunity to consider any developments that may have occurred in the previous year, and whether these may impact on the Compact or trigger a need to amend the Compact. 9.3 To facilitate this review the Commonwealth will produce an annual Institutional Performance Portfolio and the University agrees to contribute to the annual Institutional Performance Portfolio Information Collection (IPPIC). The Commonwealth will consult with the higher education sector on the information collection requirements and any issues arising from the IPPIC process. Page 50 PART FIVE 10. 10.1 GENERAL PROVISIONS Administration of the Compact by the Departments 10.1.1 DEEWR will administer Part Two of this Compact and DIISR will administer Part Three of this Compact, in accordance with their respective Ministers’ legislative responsibilities under the Administrative Arrangements Orders as in force from time to time. The other Parts of this Compact may be administered by one or both departments 10.1.2 In administering the Compact, employees of each Department will make decisions in accordance with any relevant instruments of delegation or authorisation in force from time to time. 10.2 10.2.1 10.3 10.3.1 10.4 10.4.1 Departmental Meetings and Liaison Employees of the Departments will collaborate to streamline as far as practicable the Commonwealth’s interactions with the University. Part 2-2 HESA Funding Agreements To the extent that this Compact contains Part 2-2 HESA Funding Agreements, the University acknowledges that each such Part 2-2 HESA Funding Agreement is subject to specific legislative and other requirements and that the University will need to meet all such requirements. Privacy, confidentiality and information sharing Subject to clause 10.4.2 below, the University acknowledges and agrees that any information it provides to either DEEWR or DIISR for the purposes of this Compact, or for any Part 2-2 HESA Funding Agreement contained in this Compact, may be accessible under the Freedom of Information Act 1982 and may also be: a. published by the Commonwealth in any manner in accordance with any legislative requirement; b. used by a Department for any purpose of the Commonwealth, including dealings with other Commonwealth agencies; c. used in reporting to or answering questions from a Minister of State of the Commonwealth or a House or Committee of the Parliament of the Commonwealth; or d. disclosed where the Commonwealth is required or permitted by law to do so. 10.4.2 The Commonwealth and the University agree to carry out their roles under this Compact in accordance with any obligations they have under the Privacy Act 1988 or any state or territory law relating to the protection of personal information. 10.4.3 The Commonwealth recognises that the University’s Confidential Information has commercial value to the University and may disadvantage the University if it is Page 51 disclosed. Accordingly, the Commonwealth will not publish or otherwise disclose the University’s Confidential Information unless required by law to do so, or unless the University consents in writing prior to such disclosure. 10.5 Variation 10.5.1 Subject to clause 10.5.2 below, except for action that either the Commonwealth or the University is expressly authorised to take elsewhere in this Compact, any variation to this Compact is to be in writing and signed by the University's, and both of the Commonwealth’s Representatives. 10.5.2 A variation to: a. any provision of Part Two only or to any Attachments to this Compact that arise solely under a provision of Part Two must be in writing but needs only to be signed by the Commonwealth's DEEWR Representative and the University. b. any part of this Compact that forms part of a Part 2-2 HESA Funding Agreement may only be made under this clause 10.5.2 if that funding agreement does not contain variation provisions specific to that funding agreement; c. any provision of Part Three only or to any Attachments to this Compact that arise solely under a provision of Part Three must be in writing but needs only to be signed by the Commonwealth's DIISR Representative and the University. Either DEEWR or DIISR as the case requires will send the other Department notice of any variation made in accordance with paragraph (a) to (c) above. 10.6 10.6.1 Notices A party wishing to give notice under a provision of this Compact: a. must do so by sending it to each of the other Representatives set out in clause 10.6.3; and b. must, if a response is required to the notice, set out the time in which the response is to be given; 10.6.2 Notices required to be sent by the University to the Commonwealth under this Compact are to be sent to both the DEEWR and DIISR Representatives set out in clause 10.6.3. 10.6.3 The Representatives are: a. University Representative Professor Gary Davis Deputy Vice Chancellor Academic Charles Darwin University Darwin Northern Territory 0909 E: gary.davis@cdu.edu.au Page 52 T: 08 8946 6405 F: 08 8946 7075 b. DEEWR Representative Group Manager Higher Education Group Department of Education, Employment and Workplace Relations GPO Box 9880 Canberra ACT 2601 OR compacts@deewr.gov.au c. DIISR Representative Head of Division Research Division Department of Innovation, Industry, Science and Research GPO Box 9839 Canberra ACT 2601 OR compacts@innovation.gov.au 10.7 10.7.1 Termination/Transition Plan If for any reason, either or both of the Commonwealth or the University reasonably believes that it is not possible to continue the operation of this Compact: a. The Commonwealth and/or the University, as the case requires, will give the other notice of that belief; b. The Commonwealth and the University will negotiate in good faith to resolve any issues in bringing this Compact to an end; and c. The Commonwealth and the University will implement an agreed transition out plan to bring the Compact to an end. 10.7.2 Notwithstanding clause 10.7.1, if: a. the University ceases to exist as a body corporate; or b. the University ceases to be approved as a higher education provider under HESA, the Commonwealth shall have the right to terminate this Compact immediately by giving the University Representative written notice. Page 53 10.7.3 Except to the extent of any rights the University has under a Part 2-2 HESA Funding Agreement contained in this Compact, the University is not entitled to compensation for any loss, damage or claim arising from or in connection to the early termination of this Compact by the Commonwealth. 10.7.4 These termination and transition out provisions are without prejudice to and do not alter any other rights or obligations of the Commonwealth and the University pursuant to their funding arrangements. 10.7.5 Rights and obligations of the Commonwealth and the University under the Funding Agreement at Attachment E that exist as at the date of termination of the Compact survive the termination of the Compact 10.8 Order of precedence 10.8.1 In this Compact: a. each HESA Funding Agreement contained in this Compact operates as a separate agreement between the Minister for Tertiary Education, Skills, Jobs and Workplace Relations and the University. b. In the event of an inconsistency between the terms of a HESA Funding Agreement contained in this Compact and the Operational Provisions in this Part Five, the term of the HESA Funding Agreement will prevail for the purpose of that agreement. 10.9 Counterparts 10.9.1 This Compact may be signed in any number of counterparts and all counterparts together constitute one instrument. 10.10 Dictionary 10.10.1 In this Compact, unless the contrary intention appears: ‘Appropriation' means a law, or provision in a law, that authorises the expenditure of money by the Commonwealth. ‘DEEWR’ means the Commonwealth Department of Education, Employment and Workplace Relations or any successor. ‘Department’ means either or both of DEEWR or DIISR as the case requires. ‘DIISR’ means the Commonwealth Department of Innovation, Industry, Science and Research or any successor. ‘Tertiary Education Minister’ means the Minister administering Part 2-2 of HESA. ‘HESA’ means the Higher Education Support Act 2003 and includes any subordinate legislation or Ministerial determination made under that Act. ‘HESA Funding Agreement' means a funding agreement: Page 54 a. that is made under section 30-25 of HESA by the Minister for Tertiary Education, Skills, Jobs and Workplace Relations and the University for the provision of a grant of funding to the University under Part 2-2 of HESA; and b. with which the University is required to comply under section 36-65 of HESA. ‘Institutional Performance Portfolio’ (IPP) is a report which provides an historical record of a university's performance based on information provided by the university and an analysis of the Higher Education Data Collections. An IPP will be prepared by the Commonwealth for the University annually using the latest available data. ‘Institutional Performance Portfolio Information Collection’ (IPPIC) is a set of Commonwealth instructions requesting that universities provide a submission to the Commonwealth, endorsed by the university's chief executive, that includes student, staff, financial and research information needed for the preparation of an Institutional Performance Portfolio for that university. ‘Minister’ means either or both of the Tertiary Education Minister and the Research Minister. ‘Mission’ means the University’s Mission set out at Part One of this Compact as amended in accordance with the variation provisions in this Compact from time to time. ‘Research Minister’ means the Minister administering the Australian Research Council Act 2001. ‘TEQSA’ means the Tertiary Education Quality and Standards Agency. ‘University’ means Charles Darwin University ABN 54 093 513 649 ‘University’s Confidential Information’ means the information referred to at Attachment C to this Compact as 'University Confidential Information' or that the Commonwealth otherwise agrees in writing is 'University Confidential Information', but does not include information that is or becomes public knowledge, except due to non-compliance with this Compact. Page 55 SIGNED for and on behalf of CHARLES DARWIN UNIVERSITY by …………………………………………………….. Signature Professor Barney Glover the Vice-Chancellor In the Presence of: ..................................................................................... WITNESS ..................................................................................... Full name and occupation or profession of witness (Please print) SIGNED for and on behalf of THE COMMONWEALTH OF AUSTRALIA by …………………………………………………….. Signature David de Carvalho the Group Manager of Higher Education Group of the Department of Education, Employment and Workplace Relations a Delegate of the Minister for Tertiary Education, Skills, Jobs and Workplace Relations In the Presence of: ..................................................................................... WITNESS ..................................................................................... Full name and occupation or profession of witness (Please print) SIGNED for and on behalf of THE COMMONWEALTH OF AUSTRALIA by …………………………………………………….. Signature Anne Baly the Head of Research Division of the Department of Innovation, Industry, Science and Research a Delegate of the Minister for Innovation, Industry, Science and Research In the Presence of: ..................................................................................... WITNESS ..................................................................................... Full name and occupation or profession of witness (Please print) Page 56 ATTACHMENT A INDICATIVE LIST OF COMMONWEALTH FUNDING PROVIDED TO THE UNIVERSITY BY DEEWR AND RELEVANT TO THE COMPACT DEEWR provides a range of funding to the University under various legislative and/or contractual funding arrangements. The following is an indicative list of that funding. The table will be updated from time to time. Funding to be delivered during the Compact ($m) 2011 Commonwealth Grant Scheme 30.832 - Cluster funding - Regional loading 5.235 - Enabling loading 0.635 - Transitional loading (Maths/Science) 1.422 - Advance payment for estimated over enrolment 3.140 - Facilitation Funding 0.772 Higher Education Partnerships and Participation Program - Participation component 0.664 - Partnership component 0.356 Disability Support Program - Additional support for students with disabilities Not Yet Known - Performance based funding Not Yet Known Indigenous Support Program 0.932 Diversity and Structural Adjustment Fund 0.496 Commonwealth Scholarships Program 0.855 12.485* Education Investment Fund *This figure is an instalment for the project ‘Centre for Indigenous Knowledge’ (EIF Round 2 – total grant $30.65m) Page 57 ATTACHMENT B: LIST OF COMMONWEALTH FUNDING PROVIDED TO THE UNIVERSITY BY DIISR AND RELEVANT TO THE COMPACT Charles Darwin University – Research Block Grant Funding for 2011 Research Training Scheme (RTS) $3,638,685 Australian Postgraduate Awards (APA) $1,222,579 International Postgraduate Research Scholarships (IPRS) $123,267 Research Infrastructure Block Grants Scheme (RIBG) $2,165,349 Joint Research Engagement (JRE) $2,607,885 $0 Commercialisation Training Program (CTS) Sustainable Research Excellence (SRE) Base $239,684 Sustainable Research Excellence (SRE) Threshold 1 $472,100 Sustainable Research Excellence (SRE) Threshold 2 $479,273 Charles Darwin University – Collaborative Research Networks Funding for 2011 $1,342,264 Collaborative Research Networks (CRN) Page 58 ATTACHMENT C UNIVERSITY CONFIDENTIAL INFORMATION Not applicable. Page 59 ATTACHMENT D TERMS AND CONDITIONS OF PART 2-2 HESA FUNDING AGREEMENT FOR THE PROVISION OF PERFORMANCE FUNDING Terms and Conditions of Funding Agreement between the Commonwealth and the University for the purposes of grants in respect of Performance Funding under section 30-25 of HESA 1. 2. 3. 4. Agreement 1.1 Pursuant to clause 4.13 of the Compact, section 4 of the Compact together with the terms and conditions in this Attachment D of the Compact constitute the HESA Funding Agreement entered into by the Minister or his or her delegate (on behalf of the Commonwealth) with the University under section 30-25 of HESA, for the provision by the Commonwealth of Performance Funding to the University. 1.2 These terms and conditions apply only to Performance Funding and do not apply to any other agreement between the Commonwealth and the University entered into for the purposes of section 30-25 of HESA or for the purposes of any other legislative provision. Eligibility 2.1 The University meets the requirements of subparagraph 30-1(1) (a)(i) or subparagraph 30-1(1)(a)(ii) of HESA. 2.2 It is a precondition to funding being provided under this agreement that the University does and will continue to meet the requirement in paragraph 30-1(1)(b) of HESA in each of the Grant years during the term of this agreement. 2.3 Entering into this agreement is a requirement under paragraph 30-1(1)(c) of HESA for a grant to be payable to the University under Part 2-2 of HESA for Performance Funding. Term and Grant years 3.1 The term of this agreement is the same as the term of the Compact. 3.2 This agreement is made in respect of the Grant years 2011, 2012 and 2013. Conditions additional to the HESA 4.1 Subject to subsections 30-25 (2A) and 30-25 (2B) of HESA, this agreement specifies conditions to which the grant is subject that are additional to the conditions to which the grant is subject under Division 36 of HESA. Page 60 5. Publication 5.1 6. The Compact, of which this agreement forms part, will be tabled in Parliament in accordance with subsection 30-25(4) of HESA. Preconditions to receiving Performance Funding 6.1 Facilitation Funding As a condition of the Facilitation Funding component of Performance Funding, in accordance with this agreement, the University must: (a) inform the Commonwealth of strategies and goals for achieving the university’s teaching and learning mission described under clause 4.7 of the university’s 2011-13 Compact; and (b) agree to the performance targets relating to specific Commonwealth goals contained in clause 4.14 of the 2011-2013 Compact. 6.2 Reward Funding As a condition of the Reward Funding component of Performance Funding, in accordance with this agreement, the University must: (a) agree performance targets as outlined in clause 4.14 of their 2011-2013 Compact agreement; (b) supply performance data to the Commonwealth for all indicators as per the requirements set out in section 2 of the Performance Funding Technical Guidelines; and (c) achieve the relevant excellence or improvement targets as outlined in clause 4.14 of their 2011-2013 Compact agreement. 7. University’s Grant Amount 7.1 Facilitation Funding The University’s grant amount for the Facilitation Funding component of Performance Funding will be calculated in accordance with the Commonwealth Grants Scheme Guidelines Chapter 12 as in force from time to time during the term of this Agreement. 7.2 Reward Funding The University’s grant amount for the Reward Funding component of Performance Funding will be calculated in accordance with the Commonwealth Grant Scheme Guidelines as in force from time to time during the term of this Agreement. Page 61 7.3 Performance Funding Grant Amount The University’s total grant amount for Performance Funding in each Grant year (that is, the total of the amounts in that Grant year for Facilitation Funding and for Reward Funding) will be the University’s ‘Performance Funding Grant Amount’ for the purposes of Subsection 33-1(1A) of HESA. 8. Payment of Grant Amounts 8.1 Facilitation Funding Subject to the University’s compliance with this agreement and with HESA, the Commonwealth will pay the Facilitation Funding Grant Amount to the University in accordance with the following timeframes and conditions: (a) Facilitation Funding will be paid to eligible universities fortnightly commencing in 2011 and ending in December 2013, with the amount to be paid as per the calculations outlined in the Technical Guidelines. (b) In accordance with section 164-5 of the Act, Facilitation Funding payments will be paid in such a way as the Minister determines, and at such times as the Secretary determines. 8.2 Reward Funding Subject to the University’s compliance with this agreement and with HESA, the Commonwealth will pay the Reward Funding Grant Amount to the University in accordance with the following timeframes and conditions: (a) Reward Funding will be paid to eligible universities in one instalment in the second half of each of 2012 and 2013, with the amount to be paid as per the calculations outlined in the Technical Guidelines. (b) In accordance with section 164-5 of the Act, Reward Funding payments will be paid in such a way as the Minister determines, and at such times as the Secretary determines. The University is not entitled to be paid any instalment of its Reward Funding Grant unless and until the Commonwealth is satisfied that the requirements for paying that instalment have been met. 9. Waiver 9.1 If either party does not exercise (or delays in exercising) any rights under this agreement, that failure or delay does not operate as a waiver of those rights. 9.2 Any waiver by either the Commonwealth or the University of any provision or right under this Agreement: (a) must be in writing signed by that party’s representative; Page 62 (b) is effective only to the extent set out in the waiver; and (c) does not prevent the further exercise of any right. 10. Dispute resolution 10.1 Subject to clause 10.3, the parties agree not to commence any legal proceedings in respect of any dispute arising under this agreement, which cannot be resolved by informal discussion, until the procedure provided by this clause 19 has been used. 10.2 The parties agree that any dispute arising during the course of this agreement is dealt with as follows: (a) the party claiming that there is a dispute will send the other party a written notice setting out the nature of the dispute; (b) the parties will try to resolve the dispute through direct negotiation by persons who they have given authority to resolve the dispute; (c) the parties have 10 business days from the receipt of the notice to reach a resolution or to agree that the dispute is to be submitted to mediation or some alternative dispute resolution procedure; and if: (a) there is no resolution of the dispute; (b) there is no agreement on submission of the dispute to mediation or some alternative dispute resolution procedure; or (c) there is a submission to mediation or some other form of alternative dispute resolution procedure, but there is no resolution within 15 business days of the submission, or extended time as the parties may agree in writing before the expiration of the 15 business days, then, either party may commence legal proceedings. 10.3 This clause 10 does not apply if: (a) either party commences legal proceedings for urgent interlocutory relief; (b) action is taken by Us under clause 20; or (c) an authority of the Commonwealth, a State or Territory is investigating a breach or suspected breach of the law by the University. 10.4 Despite the existence of a dispute, both parties must (unless requested in writing by the other party not to do so) continue to perform their obligations under this agreement. 11. Termination for default 11.1 The Commonwealth may immediately terminate this agreement by giving written notice to the University of the termination if: Page 63 12. (a) the University fails to fulfil, or is in breach of any of its obligations under this agreement, and does not rectify the omission or breach within 10 business days of receiving a notice in writing from the Commonwealth to do so; or (b) the University is unable to pay all its debts when they become due; Notices 12.1 Notices under this Agreement must be sent to the addresses and in accordance with the procedures set out at clause 10.6 of the Compact. 13. Reports 13.1 The University must, during the term of this agreement, provide the Commonwealth with the following reports by the due dates set out below: (a) a report on the provision of performance data by 31 December of each year. 13.2 The University owns the intellectual property rights in the reports and grants to the Commonwealth (or must arrange for the grant to the Commonwealth of) a permanent, irrevocable, free and non-exclusive license (including a right of sublicense) to use, publish or disclose the reports in any of the ways set out in subclause 10.4.1 of the Compact. 14. Applicable law and jurisdiction 14.1 The laws of the Australian Capital Territory apply to the interpretation of this agreement. 14.2 The parties agree to submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory and any courts which have jurisdiction to hear appeals from any of those courts in respect to any dispute under this agreement. 15. Entire agreement, variation and severance 15.1 This agreement records the entire agreement between the parties in relation to its subject matter. 15.2 Except for action the Commonwealth is expressly authorised or required to take elsewhere in this agreement or HESA, no variation of this agreement is binding unless it is agreed in writing and signed by the parties. 15.3 If a court or tribunal says any provision of this agreement has no effect or interprets a provision to reduce an obligation or right, this does not invalidate, or restrict the operation of, any other provision. Page 64 16. Interpretation 16.1 Words used in this Part D that are defined in HESA or in the Commonwealth Grants Scheme Guidelines have the same meaning in this Part D as they do in the document in which they are defined. 16.2 In this Part D: ‘Compact’ means the Mission Based Compact between the Commonwealth and the University of which this Attachment D forms part; ‘Grant year’ means a calendar year in respect of which the University has entered into this agreement; Page 65 Page 66 ATTACHMENT E PART 2-2 HESA FUNDING AGREEMENT BETWEEN THE COMMONWEALTH AND THE UNIVERSITY FOR THE PROVISION OF THE COMMONWEALTH GRANTS SCHEME FUNDING Page 67