(1) The University is a body corporate established under the UNE Act. The object of the University is the promotion, within the limits of the University's resources, of scholarship, research, free inquiry, the interaction of research and teaching, and academic excellence. The principal functions of the University for the promotion of its object are set out in the UNE Act.
(2) The University is a not-for-profit institution and does not have shareholders. The members of the University are the members of the University Council, Convocation, academic staff, non-academic staff, graduates and students.
(3) Under the UNE Act the University Council is the governing authority of the University and has the control and management of the affairs and concerns of the University.
(4) The Vice-Chancellor is the Chief Executive Officer of the University and has the functions conferred or imposed by or under the UNE Act, including the authority delegated to the Vice-Chancellor by the University Council. The University Council has delegated to the Vice-Chancellor the authority for the management and operations of the University, subject to matters over which authority has been retained by the University Council.
(5) Under this structure the University Council is the governing body, analogous to a board or directors, and the Vice-Chancellor and Chief Executive Officer is responsible for the management and operations of the University.
(6) The purpose of this Rule is to provide a framework outlining the way in which the University is governed, and to explain the connections between the components of governance at the University.
(7) At UNE Governance is categorised into the following components:
(8) This Framework takes effect as a Council Rule under Section 29 of the University of New England Act, 1993. The Framework is intended to support and ensure good governance at UNE. It has been informed by external legislation, best practice benchmarking and compliance requirements.
(9) This Framework is binding for all UNE Representatives, as well as the University's decision-making and advisory bodies.
(10) Each of the components of the Governance Framework are outlined below:
(11) The University adopts a tiered approach to its planning and communication, from the UNE Act that outlines its object and functions and public statements that outline and expand on its mission, vision and key priorities to the expectations and behaviours of staff and students who comprise the University. The approach is outlined below:
(12) To ensure that UNE Representatives understand what they are to do, for whom, when and to what level, clearly defined levels of authority are assigned to each level of the University's structure.
(13) Levels of authority flow from the University of New England Act 1993 through its Council, to the management of the University:
(14) The Act establishes UNE, its object and functions, the Council as the governing authority of the University, and the powers of the Council. Part 3 of the Act describes the Council, authorities and officers of the University. This Section explains that "there is to be a Council of the University" and that "the Council is the governing authority of the University and has the functions conferred or imposed on it by or under this [the] Act".
(15) Web links to pages:
(16) As the governing authority of the University, the Council may delegate all or any of its functions to a member or committee of Council or to any authority or officer of the University. This is operationalised through the establishment and application of by-laws and Council Rules, as outlined in Part 6(25) of the University of New England By-law 2005.
(17) Web links to pages:
(18) Committees of Council: The Council may establish committees to assist it in connection with the exercise of any of its functions. The authority is given to a Committee of Council via an approved Terms of Reference, established as a Council Rule under Section 29 of the University of New England Act 1993. The following, represent committees related to Council:
(19) The Standing Committee of Convocation is a committee of the University established under the UNE Act 1993 NSW.
(20) Web Links to the Committees:
(21) The University of New England Act 1993 establishes the Vice-Chancellor as the Chief Executive Officer of the University with functions conferred under the UNE Act and via the Council delegations set out in the "Functions of the Vice-Chancellor Rule" and other Council Rules.
(22) Web Links to pages:
(23) The Academic Board is established via Section 15 of the University of New England Act 1993, with the constitution and functions of the Academic Board prescribed in Part 5 of the University of New England By-law 2005. Section 21 of the University of New England By-law 2005, explains that the primary function of the Academic Board "is to report to the Council and advise the Council and the Vice-Chancellor on all developments and initiatives relating to and affecting the University's teaching and research activities and its educational programs".
(24) Committees of Academic Board: The following, are committees related to the Academic Board, as outlined in the 'Terms of Reference for Academic Board':
(25) Web Links to Academic Board:
(26) Authorities associated with positions identified within the UNE management structure, are established by authority of approved delegation Rules (and associated schedules).
(27) Web Links to pages:
(28) The Policy framework outlines the University's principles and standards for its business practices. The framework and its components underpin and give authority to the decisions made by UNE Representatives on a day-to-day basis. The components can be broken down as follows:
(29) The making of Rules and other instruments:
(30) The University's Policies and Rules are reviewed, developed and implemented in accordance with the cycle outlined below.
(31) Web link to the University's Policy webpage - http://www.une.edu.au/policies
(32) Effective compliance management is a vital contributor to the protection of the University's integrity and reputation, and is a key enabler to assist and support the University in achieving its mission and strategic priorities. This obligation is recognised at UNE within the University of New England Act 1993 as a function of Council and incorporated within the Authority Retained by Council Rule.
(33) The Compliance Management Framework implements the principles of the Compliance Rule using AS3806-2006 as the principle benchmark. It illustrates the relationship between:
(34) The framework defines the roles and responsibilities of UNE Representatives in relation to compliance.
(35) Web links to pages:
(36) Being 'risk aware' and managing risk is critical to responsible governance and management. This obligation is recognised at UNE under Section 16 of the University of New England Act 1993, which mandates the oversight of risk management and risk assessment (and the approval and monitoring of systems of control and accountability in order to address risk) as a primary function of its Council. Its function is operationalised through the incorporation of risk management as an integral component of UNE's strategic and operational decision-making.
(37) The Vice-Chancellor and managers at all levels of the University, are responsible for ensuring that the commitment to effective risk management and assessment is fully realised. Council and its committees are kept informed and regularly updated by management in relation to risk.
(38) Web links to pages:
(39) Performance evaluation, management and reporting, represents a set of methodologies enabling organisations to define and execute their strategy, and to evaluate performance in order to inform strategic decision-making and learning. Continuous monitoring and evaluation ensures that the University and the individuals that work to support it, are working towards achieving the University's intended purpose, its strategic and business goals. To ensure a culture of quality focused performance evaluation, UNE utilises a range of tools that include (but are not limited to:
(40) Web links to pages:
(41) The University's Chief Legal & Governance Officer is authorised to administer this Framework and to coordinate the creation of any procedures that may apply in its application.
(42) This Rule takes effect as a rule of Council pursuant to Section 25 of the By-law. To the extent this Rule conflicts with the Act or By-law, the Act or By-law prevails to the extent of the conflict and this Rule must be read down accordingly. This rule operates as a delegation by Council under Section 17 of the Act.
(43) All UNE Representatives must comply with this Framework. A failure to comply with this Framework may amount to misconduct/serious misconduct and/or unsatisfactory performance.
(44) Policy Administrator means the Senior Manager who is primarily responsible for the relevant policy area. If there is any confusion or dispute as to who the appropriate Policy Administrator should be, or if the Vice-Chancellor wishes to nominate a particular Senior Manager, then Policy Administrator will be the Senior Manager nominated by the Vice-Chancellor.
(45) Senior Executive means the direct reports to the Vice-Chancellor, excluding persons of Director level and below.
(46) Senior Manager means a Head of School, Director or other head of a business unit at UNE and includes a member of the Senior Executive.
(47) UNE or the University means the University of New England established under the UNE Act.
(48) UNE Act means the University of New England Act 1993 NSW.
(49) UNE Representative: means a University employee (casual, fixed term and permanent), student, contractor, agent, appointee, UNE Council member 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.