(1) The University engages in Commercial Activities from time to time to support the University's object. The University's object is the promotion, within the limits of the University's resources, of scholarship, research, free inquiry, the interaction of research and teaching, and academic excellence.
(2) This Rule and any procedures made under it constitute the University's commercial activities guidelines for the purposes of Section 21B of the UNE Act.
(3) This Rule applies to all Commercial Activities by the University and must be observed by University Representatives involved in such Commercial Activities.
(4) Commercial Activity means:
(5) Without limiting clause (4), Commercial Activity includes any of the following:
(6) Notwithstanding clauses (4) and (5), the following activities are not Commercial Activities for the purposes of this Rule:
(7) The Senior Manager with operational responsibility for a Commercial Activity must ensure that:
(8) The Senior Manager with operational responsibility for a Commercial Activity is responsible for ensuring that the Commercial Activity is resourced through the University's business plan and budget.
(9) The University's business plan and budget is approved separately, and approval of a business case or project/operational plan does not constitute approval to allocate the resources required for the Commercial Activity.
(10) The Senior Executive with portfolio responsibility for a Commercial Activity must ensure that it is properly managed, reviewed and reported to the Vice-Chancellor.
(11) A Commercial Activity must not be carried out unless the business case and project/operational plan has been approved in accordance with this Rule.
(12) Each Commercial Activity must have an approved business case and project or operational plan. The steps for approval of the business case and the project or operational plan (as the case may be) for a Commercial Activity is set out below. The business case and the project/operational plan may be approved together or consecutively. The steps are:
(13) The Senior Manager with operational responsibility for a Commercial Activity must ensure that it is reviewed in accordance with this Rule.
(14) A Commercial Activity must be reviewed annually. The review must take place during the second quarter of each year (or such other timeframe as approved by the Vice-Chancellor).
(15) The purpose of the annual review must be to:
(16) Under the UNE Act, the UNE Council has responsibility for a Controlled Entity. The financial statements of a Controlled Entity are consolidated with the financial statements of the University. The Vice-Chancellor's role is to provide regular advice to the UNE Council about whether a Controlled Entity and its activities are aligned to the University's strategic plan, and whether the risks and benefits of the Controlled Entity are acceptable to the University's management team.
(17) For each Controlled Entity the Vice-Chancellor will nominate:
(18) The boards of directors of Controlled Entities are to be advised by the Rule Administrator of the requirement to comply with Section 21 B of the Act - Guidelines for Commercial Activities and are to maintain a register of Commercial Activities in line with Section 21C of the Act. Each board of directors of a Controlled Entity is to be responsible for ensuring that evaluation, risk management and accountability processes are in place and that these are consistent with the requirements of the UNE Act in relation to Commercial Activities and with these Commercial Activity Guidelines.
(19) The UNE Council is responsible for approving, monitoring and overseeing controlled entities. As such the board of directors of each Controlled Entity will be required to report annually to the UNE Council on the Controlled Entity's guidelines and its register of Commercial Activities.
(20) The University is required under the UNE Act to maintain the Commercial Activities Register.
(21) The Register will be maintained by the Chief Legal & Governance Officer.
(22) For each Commercial Activity the Register must contain the following information:
(23) The Senior Manager with operational responsibility for a Commercial Activity must provide the Chief Legal & Governance Officer with the information required for the Register, and any necessary changes from time to time.
(24) The Vice-Chancellor may from time to time determine that it is in the University's best interests to do any of the following, and may authorise the necessary actions:
(25) If a Commercial Activity is not compliant when this Rule takes effect (for example, it does not have an approved business case and plan), the Senior Manager must within 12 months arrange for the Commercial Activity to become compliant, or obtain the Vice-Chancellor's approval to phase out the Commercial Activity.
(26) The Vice-Chancellor, pursuant to Section 29 of the University of New England Act, makes this University Rule.
(27) University Representatives and Students must observe it in relation to University matters.
(28) The Rule Administrator is authorised to make procedures and guidelines for the operation of this University Rule. The procedures and guidelines must be compatible with the provisions of this Rule.
(29) This Rule operates as and from the Effective Date.
(30) The University's existing Commercial Activity Guidelines and related documents are replaced and have no further operation from the Effective Date of this new Rule.
(31) Notwithstanding the other provisions of this University Rule, the Vice-Chancellor may approve an exception to this Rule where the Vice-Chancellor determines the application of the Rule would otherwise lead to an unfair, unreasonable or absurd outcome. Approvals by the Vice-Chancellor under this clause must be documented in writing and must state the reason for the exception.
(32) Commercial Activity has the meaning set out in clauses (4), (5) and (6).
(33) Commercial Activity Register means the register referred to in clause (18).
(34) Controlled Entity means a controlled entity of the University under the UNE Act.
(35) Effective Date means - takes effect on the day on which it is published or on such later day as may be specified in the Rule.
(36) Rule Administrator means the Chief Legal & Governance Officer.
(37) Senior Management means staff at Head of School/Director level and above, and Senior Manager has a corresponding meaning.
(38) Senior Executive means the Vice-Chancellor and the Vice-Chancellor's direct reports, excluding persons Director level and below.
(39) Student means an Admitted Student or an Enrolled Student, at the relevant time.
(40) Register means the Commercial Activities Register.
(41) UNE Act means the University of New England Act 1993 No 68 (NSW).
(42) University Representative means a University employee (casual, fixed term and permanent) contractor, agent, appointee, UNE Council member, adjunct, visiting academic and any other person engaged by the University to undertake some activity for or on behalf of the University. It includes corporations and other bodies falling into one or more of these categories.
(43) Vice-Chancellor means the Vice-Chancellor and Chief Executive Officer of the University.