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Page 1: REGISTER OF COMPLIANCE OBLIGATIONS of Compliance Obligations.pdf · Advisory Council, Gold Coast Campus Animal Ethics Committee Arts Education and Law Group Board Assessment Committee

REGISTER OF COMPLIANCE

OBLIGATIONS

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TABLE OF CONTENTS

GOVERNANCE STRUCTURES, ORGANISATION AND DOCUMENTS .................................................................... 3

A. LEARNING AND TEACHING ......................................................................................................................... 5

B. RESEARCH AND INNOVATION .................................................................................................................... 9

C. FINANCE ................................................................................................................................................... 22

D. HUMAN RESOURCES ................................................................................................................................ 31

E. ORGANISATION AND GOVERNANCE ........................................................................................................ 41

F. FACILITIES AND ENVIRONMENT ............................................................................................................... 47

G. INFORMATION SYSTEMS ......................................................................................................................... 55

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GOVERNANCE STRUCTURES, ORGANISATION AND DOCUMENTS

Griffith University has a complex, comprehensive and extensively documented governance system.

Under the Griffith University Act 1998, the Griffith University Council is the University's governing body. Section 32 of the Griffith University Act 1998 provides for the appointment of a Vice Chancellor. The Vice Chancellor is the Chief Executive Officer of the University and is responsible for the academic, administrative, financial and other affairs of the University.

There are a range of committees and boards that perform governance functions. These sit under and report to the University Council, Academic Committee or individual office holders. The committees and boards include the following:

Aboriginal and Torres Strait Islander Advisory Committee

Academic Committee

Advisory Council, Gold Coast Campus

Animal Ethics Committee

Arts Education and Law Group Board

Assessment Committee

Audit Committee

Board of Graduate Research

Council Nominations Committee

Disability Advisory Committee

Educational Excellence Committee

Employability Committee

Equity Committee

Executive Group

Finance, Resources and Risk Committee

Griffith Business School Board

Griffith University Foundation Board

Griffith Health Group Board

Griffith Sciences Group Board

Group Promotions Committee

Honorary Degree Committee

Human Research Ethics Committee

Internationalisation Advisory Committee

Learning and Teaching Committee

Legislation Committee

Programs Committee

Research Committee

School Committees

Senior Promotions Committee

Senior Staff Remuneration Committee

Staff Committee

Student Misconduct Committee

TAFE Queensland and Griffith University Links Committee

Tender Board

University Biosafety Committee

University Health and Safety Committee

University Student Loans Panel.

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The policy library of the University is a key governance tool, with a range of policies grouped under nine headings, being:

University Governance;

Learning and Teaching;

Research;

Student Administration and Services;

Information Management and ICT;

Staff;

Financial Management;

Facilities and Assets; and

Community and Development.

Governance information is disseminated to staff and other stakeholders through a range of mediums, including the University’s intranet site.

Griffith has a regular, five-yearly, systematic, independent review cycle of current activity and future plans for academic and administrative areas, including the review of policy frameworks and documents. This University Reviews Policy provides the overarching framework for the conduct of organisational-wide reviews and cements the role of these reviews as a core part of the University’s planning framework.

Griffith, as a self-accrediting provider with the Tertiary Higher Education Quality and Standards Agency (TEQSA) provides a range of higher education courses which are obliged to meet accreditation standards imposed by State and Commonwealth laws, as well as standards imposed by a range of professional bodies and boards. The University’s Programs Committee, in conjunction with the relevant schools are responsible for ensuring that the University’s courses are appropriately accredited. Key accreditation requirements are addressed in the following material.

For convenience of reference, legislative compliance obligations have been divided into seven streams, being:

A. Learning and Teaching

B. Research and Innovation

C. Finance

D. Human Resources

E. Organisation and Governance

F. Facilities and Environment

G. Information Systems.

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A. LEARNING AND TEACHING

RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE

Architects Act 2002

(Queensland)

This Act provides for the registration of architects. The University must ensure that its architecture course remains a qualification recognised by the Architects Accreditation Council of Australia (the AACA).

Accreditation has been granted by the Architects Accreditation Council of Australia and the Australian Institute for Architects for graduates who articulate to, and complete, the Master of Architecture.

Academic Registrar

PVC (Sciences)

Education (Queensland College of Teachers) Act 2005

(Queensland)

The Act establishes the Board of Teacher Registration for the registration of teachers in Queensland. The University must ensure that its education program graduates are eligible for registration.

The University submits new course proposals and period reports to the Board to ensure its programs remain approved. The University also forwards information on education program graduates eligible for registration.

Academic Registrar

PVC (AEL)

Education (Overseas Students) Act 1996

(Queensland)

An Act to provide for the registration of persons providing courses to overseas students and for the registration of the courses.

Griffith University is registered as a provider of courses to overseas students with Education Queensland.

Vice President (Global)

Education Services for Overseas Students Act 2000

with related legislation being:

Education Services for Overseas Students (Assurance Fund Contributions) Act 2000

Education Services for Overseas Students

Acts to regulate education services for overseas students. Under this Act, the University is obliged to ensure that staff that deal with international students are aware of the National Code of Practice which forms part of this Act. They must ensure that the University and relevant courses are registered on CRICOS and that facilities remain compliant. This Act (and its related Acts) requires registration of the University as an educational service provider to overseas students, and also requires accreditation of courses.

Griffith University is registered CRICOS Provider - 00233E as a provider of courses to overseas students. On an annual basis the University provides a Declaration of Conformity under this Act.

Vice President (Global)

DVC (Academic)

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RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE

(Consequential and Transitional) Act 2000

Education Services for Overseas Students (Registration Charges) 2000

(Commonwealth)

Health Practitioner Regulation National Law Act 2009

(Queensland)

An Act to provide the registration of health practitioners. The University must ensure that its health practitioner course maintains the required accreditations.

The University maintains the required accreditations.

Academic Registrar

PVC (Health)

Higher Education Support Act 2003

(Commonwealth)

An Act that provides for the Commonwealth to give financial support for higher education through grants and other payments made to higher education providers; and to provide financial assistance to students. This Act provides grants and payments for:

Commonwealth Grant Schemes

Assisting indigenous students

Grants for Commonwealth Scholarships.

The Act also establishes the Indigenous Student Assistance Grants Guidelines 2017, providing guidance to carry out the requirements of the Indigenous students assistance grants.

As an approved higher education provider, the University is eligible for Commonwealth Grants and administers student assistance schemes in accordance with the Act through coordination between Academic Administration and Finance.

Additionally, the University has established the Indigenous Student Success Program (ISSP), which supports our Aboriginal and Torres Strait Islander student, staff and community engagement activities. ISSP is administered through the Office of the Deputy Vice Chancellor (Engagements)

Academic Registrar

Chief Financial Officer

DVC (Engagements)

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RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE

Higher Education Funding Act 1998 and Higher Education Funding Regulations 2002

(Commonwealth)

An Act that regulates the funding of Australian higher education institutions and obliges universities to comply with funding conditions, provide information to students and provides statistical and other information and schedules of student contribution and fees to the Federal Education Minister.

An Act to support the higher education system that is characterised by quality, diversity and equity of access to support cultural and intellectual life.

The University is eligible for Commonwealth Grants and administers student assistance schemes in accordance with the Act through coordination between Academic Administration and Finance

Academic Registrar

Chief Financial Officer

Legal Profession Act 2007

(Queensland)

An Act to provide the registration of solicitors and barristers. The University must ensure that its LLB course maintains the required accreditation.

The University maintains the required accreditation for its law program.

Academic Registrar

PVC (AEL)

Professional Engineers Act 2001

(Queensland)

An Act to provide the registration of engineers. The University must ensure that its engineering programs maintain the required accreditation.

The University maintains the required accreditations for its engineering programs.

Academic Registrar

PVC (Sciences)

Professional Standards Act 2004

(Queensland)

An Act to provide the registration of Engineers, Accountants, computer and other professions. The University must ensure that its courses maintain the required accreditation.

The University maintains the required accreditations.

Academic Registrar

PVC (Sciences)

PVC (Business)

Tertiary Education and Quality Standards Agency Act 2011

(Commonwealth)

An Act to provide for national consistency in the regulation of higher education providers. The University must ensure that it meets the registration requirements in order to offer and confer Australian higher education awards.

The University is subject to the conditions of registration requirements and is required to submit information as part of the re-registration process. The University is required to

The University maintains the required registration requirements and has in place a Material Change Notification Process

DVC (Academic)

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RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE

notify TEQSA of material changes if there is an event that significantly affects the ability for the University to meet its threshold standard or an event that requires the update to the Register.

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B. RESEARCH AND INNOVATION

RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS

GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE

Animal Care & Protection Act 2001 & Animal Care & Protection Regulation 2012

(Queensland)

The Australian Code of Conduct for the Care and Use of Animals for Scientific Purposes 8th edition 2013 and the Queensland Animal Care and Protection Act 2001 articulate the responsibilities of staff and students who use animals for scientific purposes.

The University's Animal Ethics Committee (AEC) applies the animal welfare and ethical standards required by the Code and can approve or refuse to approve any use of animals for scientific purposes by staff and students in research, teaching and film production. Membership of the Animal Ethics Committee includes staff and volunteers from the general community. The AEC advises the University on the ethical care and use of animals for scientific purposes and monitors the welfare of animals used. It reports annually to the University and to state and federal governments.

Those planning work at the University which involves using vertebrate animals for scientific purposes must obtain prior ethical approval from the AEC which is versed in the content of the regulatory field.

Staff must consult Animal Facility Staff about the care and welfare of any animals when they plan to house animals on campus. All facilities used for housing animals must receive prior AEC approval.

The AEC constitution includes procedures to be followed by the University when complaints or concerns about the use of animals for scientific purposes are lodged.

The University’s policies and procedures relating to animal ethics and welfare are clearly articulated and available to all staff through the University’s intranet.

Director, OR

Senior DVC

Australian Border Force Act 2015

(Commonwealth)

The Border Force Act 2015 introduces an offence punishable by 2 years’ imprisonment for an “entrusted person”

The University will undertake any research in immigration detention issues in line with their obligations under the Acts.

Senior DVC

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RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS

GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE

to “make a record of, or disclose” “protected information”. An “entrusted person”, most usually a person currently or formerly engaged by the relevant authority in delivering services in immigration detention. “Protected information” under the Act catches any information obtained by a person in their capacity as an “entrusted person”. All information obtained during the course of the entrusted person’s engagement, ranging from highly sensitive personal information of individuals to highly mundane matters is captured. The Act impacts on the ability of University personnel to conduct original research on immigration detention issues among research participants who are “entrusted persons”. The operation of the Act is supported by the Criminal Code 1995 (Cth).

Australian Code for the Responsible Conduct of Research (2018)

The purpose of the Australian Code is to guide the University and its researchers in responsible research practices. It sets out what is expected of researchers and research organisations and provides a guide for responsible research conduct. Compliance with the Code is a prerequisite for receipt of National Health and Medical Research Council and Australian Research Council funding

The University has in place the Responsible Conduct of Research (The Griffith University Code) which addresses the Australian Code, outlining the standards of responsible and ethical conduct expected of all persons engaged in research under the auspice of the University.

Senior DVC

Director, OR

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RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS

GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE

Australian Code of Practice for the Care and Use of Animals for Scientific Purposes

The Australian Code of Conduct for the Care and Use of Animals for Scientific Purposes 8th edition 2013 and the Queensland Animal Care and Protection Act 2001 articulate the responsibilities of staff and students who use animals for scientific purposes.

The University's Animal Ethics Committee (AEC) applies the animal welfare and ethical standards required by the Code and can approve, refuse to approve, or require modification of any use of animals for scientific purposes by staff and students in research, teaching and film production. Membership of the AEC includes staff and volunteers from the general community. The AEC advises the University on the ethical care and use of animals for scientific purposes and monitors the welfare of animals used. It reports annually to the University and to state and federal governments.

Those planning work at the University which involves using vertebrate animals for scientific purposes must obtain prior ethical approval from the AEC which is versed in the content of the regulatory field.

Staff must consult Animal Facility Staff about the care and welfare of any animals when they plan to house animals on campus. All facilities used for housing animals must receive prior AEC approval.

The AEC constitution includes procedures to be followed by the University when complaints or concerns about the use of animals for scientific purposes are lodged.

The University’s policies and procedures relating to animal ethics and welfare are clearly articulated and available to all staff through the University’s intranet.

Director, OR

Senior DVC

Biodiscovery Act 2004

(Queensland)

The Queensland Biodiscovery Act 2004, the Environment Protection and Biodiversity Conservation Regulations (Cth) Part 8A.13 and the Queensland Biotechnology Code of Ethics impose a permitting system for collection of native

The University has collection contracts and biodiscovery benefit sharing arrangements with the Queensland Museum and the State of Queensland (represented by the Queensland Herbarium) which underpin the University’s compliance in this field.

Director, GE

Director, OR

Head, Legal Services

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RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS

GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE

biological material from State and Federal lands. The relevant legislation requires biodiscovery entities to negotiate benefit sharing arrangements with the State or the Commonwealth before engaging in collection. State and Federal native title legislation also requires a biodiscovery entity to negotiate with the native title holders, if the biodiscovery exercise is occurring on land which is or may be subject to unextinguished native title.

The University is also engaged in negotiation of a biodiscovery benefit sharing agreement with the Queensland Government.

Until finalisation of the biodiscovery benefit sharing agreement, compliance is undertaken on a case by case project basis by the University’s commercialisation unit, Griffith Enterprise, assisted by Legal Services. Legal Services has recently undertaken refresher training on relevant issues to ensure that the University’s lawyers are cognisant of the relevant issues.

The University has also entered into Indigenous Land Access Agreements with a number of native title holding groups where biodiscovery exercises have required this.

Biosecurity Act 2014 and

Biosecurity Regulation 2016

(Queensland)

An Act that will provide for a flexible and responsible biosecurity framework to prevent or minimise adverse effects of toxic or endemic pests and diseases and contaminants on human health, social amenity, the economy and the environment.

The University is required under this Act to comply with the provisions of “scientific research (prohibited matter) permits” granted under the Act. The University Biosafety Committee will inform researchers of their obligations and potential liabilities under the Act.

Senior DVC

Biosecurity Act 2015

(Commonwealth)

An Act to protect Australia’s animal, plant and human health status.

The University is required to comply with the provisions granted under this Act. The University Biosafety Committee will inform researchers of their obligations and potential liabilities under the Act.

The University also has an obligation to ensure its research vessels comply with the requirements of the Act and with the provisions under the Act relating to the importation and handling of biosecurity materials.

Griffith Sciences is responsible for all aspects of management of the University’s marine vessels.

Senior DVC

PVC (Sciences)

Director, HSW

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RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS

GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE

Child Protection Act 1999

(Queensland)

An Act about the protection of children, obliging the University to ensure that research involving children is conducted in compliance with the Act.

The University has established a Human Research Ethics Committee in accordance with the National Statement on Ethical Conduct in Human Research 2007. The University requires researchers proposing to undertake research that involves children and young people as participants to obtain clearance from the Committee. Prior approval from the Committee must be obtained for any research involving humans, including children, undertaken by the University.

Director, OR

Circuit Layouts Act 1989

(Commonwealth)

An Act that provides for the protection of the intellectual property rights embodied in certain layouts for integrated circuits. The University is obliged to ensure that in commercialising the outcomes of research, that third party intellectual property rights embodied in circuit layouts are not infringed.

The University’s commercialisation is conducted by Griffith Enterprise, in close consultation with Legal Services. Both Griffith Enterprise and Legal Services have a clear understanding of the Circuit Layouts Act, and the obligation to clear freedom to operate, before commencing commercialisation of relevant technology.

Director, GE

Head, Legal Services

Copyright Act 1968

(Commonwealth)

An Act related to the protection of the expression of certain literary works, performances, recordings and computer programs. As a consumer of copyright materials, the University is obliged to ensure it complies with statutory requirements for the copying or other exploitation of copyright works.

Publishers in Queensland are required, under the relevant Federal and State laws,

The University has a copyright guide which sets out the University’s expectations of staff and students in relation to copyright.

These expectations are reinforced in the University’s IT Code of Practice (which applies to staff and students) and its Code of Conduct (which applies to staff).

The University Copyright Officer administers and monitors the University’s copyright activities.

PVC & University Librarian

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RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS

GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE

to deposit copies of any publication with specified libraries.

Under the Federal Copyright Act 1968, a copy of any work published in Australia must be deposited with the National Library of Australia within one month of publication.

Under the Queensland Libraries Act 1988, a copy of any work published in Queensland must be deposited with the State Library of Queensland and the Queensland Parliamentary Library within one month of publication.

Griffith University also has clearly stated ‘Take Down Procedures’ which outline the University's internal procedures for dealing with notification of alleged copyright infringements from copyright owners or their representatives.

Griffith University’s intranet communicates the obligation of elements involved in publications to deposit copies of those publications in compliance with the Copyright Act 1968 and the Libraries Act 1988. The Griffith University library has a stock of ISBNs that it assigns to Griffith publications on request, and keeps records of the ISBNs that have been assigned.

Design Act 2003

(Commonwealth)

An Act related to protecting the rights of registered owners of registered designs.

The University has an Intellectual Property Policy which establishes the policy and procedures for the protection, commercialisation and disclosure or intellectual property. The University’s commercialisation is conducted by Griffith Enterprise, in close consultation with Legal Services. Both Griffith Enterprise and Legal Services have a clear understanding of the Design Act, and the obligation to clear freedom to operate, before commencing commercialisation of relevant technology.

Director, GE

Head, Legal Services

Fisheries Act 1994 and

Fisheries Regulation 2008

(Queensland)

Fisheries Management Act 1994

(Commonwealth)

These Acts provide for the management, use, development, research and protection of fisheries resources and fish habitats.

The University undertakes scientific research in fisheries habitats in line with their obligations under the Acts.

PVC (Sciences)

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RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS

GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE

Gene Technology Act 2000 and

Gene Technology (Licence Charges)

Act 2000

(Commonwealth)

Gene Technology (Queensland) Act

2016

(Queensland)

These pieces of legislation form a nationally consistent scheme for the regulation of certain dealings with genetically modified organisms (GMOs). The intention is to protect the health and safety of people and to protect the environment by regulating certain dealings with GMOs. The Office of the Gene Technology Regulator (OTGR) is responsible for administering the Gene Technology legislation and promoting compliance with the laws and prosecuting non-compliance.

The legislation provides for the OGTR to “issue technical and procedural guidelines” as required to assist in the administering of the Gene Technology legislation. These guidelines encourage good compliance practices by regulated organisations, particularly through the promotion and implementation of best practice techniques.

The Gene Technology (Queensland) Act 2016 delegates authority to assess and review certain or GMOs activities and certified facilities to Institutional Biosafety Committees and the OGTR.

It is a requirement of the legislation, the Gene Technology Regulations 2001 and the Guidelines for Facility Certifications that all staff, students and visitors to

The University Biosafety Committee advises on policies, procedures and compliance related to Genetically Modified Organisms (GMOs), Security Sensitive Biological Agents, quarantine and biosecurity, and other high risk biological materials.

This includes compliance with the Queensland Biotechnology code of Ethics, the Australian Code for Responsible Conduct of Research (2018), and the the Responsible Conduct of Research as they relate to research with such biological materials.

The Committee also assists and advises individuals within the University to comply with the Gene Technology Regulations in dealings with GMOs, the Security Sensitive Biological Agents Regulatory Scheme, and quarantine and biosecurity regulatory requirements and to ensure due diligence is exercised in activities using other high risk biological materials.

Training in specific laboratory practices for handling GMOs are obliged to be conducted by the principal research leader or the Manager of the facility. Training records must be signed by the trainee and kept within the facility or be made available upon request. A training record template is available from the Griffith University intranet.

Chair, University Biosafety Committee

PVC (Health)

PVC (Sciences)

Director, HSW

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RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS

GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE

Griffith University that are undertaking work with GMOs or conducting work within an OGTR certified facility are trained appropriately in the relevant behavioural requirements of the facility certification.

Guardianship and Administration

Act 2000

(Queensland)

An Act about the appointment of guardians to manage the personal and financial affairs of adults with impaired capacities, and to protect the rights of such people generally. The Act obliges the University to ensure that research involving adults with impaired capacities is conducted in compliance with the Act.

The University has established a Human Research Ethics Committee in accordance with the National Statement on Ethical Conduct in Human Research 2007. The University requires researchers proposing to undertake research that involves people highly dependent on medical care who may be unable to give consent and people with a cognitive impairment, an intellectual disability or a mental illness to obtain clearance from the Committee. Prior approval from the Committee must be obtained for any research involving humans, including adults with impaired capacities, undertaken by the University.

Director, OR

(limited to ethics approvals for research involving categories of persons covered by this Act)

Health Act 1937 and the Health

(Drugs and Poisons) Regulation

1996

(Queensland)

Therapeutic Goods Act 1989 and

The Poisons Standards 2017

(Commonwealth)

An Act consolidating the laws relating to public health, particularly in relation to the preparation and dispensing of drugs, which obliges the University to ensure that its researchers comply with the requirements of the Act, requires Griffith Health Service to operate within the guidelines set down in the Act.

The Therapeutic Goods Act, governs the commercialisation of drug technology in the State of Queensland.

The Griffith Health Service uses standard software supplied by the HIC and all doctors have a provider number. Griffith Enterprise are responsible for ensuring that any drugs commercialised comply with the requirements of this Act.

The University’s commercialisation is conducted by Griffith Enterprise, in close consultation with Legal Services. Both Griffith Enterprise and Legal Services are responsible for ensuring that in any commercialisation agreement, the licensees of the University’s compounds or vaccine candidates are required to obtain all necessary governmental regulatory approvals for each single country where rights to commercialise are granted.

Academic Registrar

Relevant Academic Clinic Lead, Health Group

Director, GE

Head, Legal Services

Director, HSW

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RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS

GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE

The Poisons Standards is the national standard for uniform scheduling of substances and uniform labelling and packaging requirements, and is referred to the Standard for the Uniform Scheduling of Medicines and Poisons (SUSMP)

The University has in place a Scheduled Substance Management Plan and the use of scheduled substances in Research and Teaching is overseen by the University Biosafety Committee.

National Statement on Ethical Conduct in Human Research 2007

The National Statement provides a national reference point for ethical considerations relevant to all research involving humans. The purposes of this statement are the protection of the welfare and rights of participants in research, and to facilitate research that is or will be of benefit to the researcher’s community or to humankind.

This statement consists of a serious of guidelines made in accordance with the National Health and Medical Research Council Act 1992 (Cth) (NHMRC). It covers areas of:

researcher conducting research with human participants

members of an ethical review body reviewing research

those involved in research governance

potential research participants

As an educational institution conducting research involving humans, the University must comply with the general principles for the protection of the welfare and

The University takes very seriously the responsibilities to those who participate in the University’s research. It conducts research in accordance with the National Statement. The research ethics and integrity service is managed by the Office for Research in conjunction with the Human Research Ethics Committee

The University has in place the the Responsible Conduct of Research, outlining the standards of responsible and ethical conduct expected of all person engaged in research.

Any use of humans in any respect for research within the University is subject to compliance with the statement, and approval by the committee.

Director, OR Chair, Human Research Ethics Committee

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RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS

GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE

rights of participants in research. Compliance with this statement is a prerequisite for receipt of NHMRC funding.

Nature Conservation Act 1992

(Queensland)

An Act that provides for the conservation of nature including the management of protected areas.

The University undertakes scientific research in protected areas in line with their obligations under the Act.

PVC (Sciences)

Patents Act 1990

(Commonwealth)

An Act that provides for the protection of the intellectual property rights embodied in various inventions. The University is obliged to ensure that in commercialising the outcomes of research, third party intellectual property rights embodied in patent applications or registered patents are not infringed.

The University’s commercialisation is conducted by Griffith Enterprise, in close consultation with Legal Services. Both Griffith Enterprise and Legal Services have a clear understanding of this Act, and the obligation to clear freedom to operate, before commencing commercialisation of relevant technology.

Director, GE

Head, Legal Services

Plant Breeders Rights Act 1994

(Commonwealth)

An Act that grants intellectual property rights in certain new varieties of plants and fungi to breeders of those varieties.

The University has an Intellectual Property Policy which establishes the policy and procedures for the protection, commercialisation and disclosure or intellectual property. The University’s commercialisation is conducted by Griffith Enterprise, in close consultation with Legal Services. Both Griffith Enterprise and Legal Services have a clear understanding of this Act, and the obligation to clear freedom to operate, before commencing commercialisation of relevant technology.

Director, GE

Head, Legal Services

Prohibition of Human Cloning for

Reproduction Act 2002

(Commonwealth)

The Act prohibits or strictly regulates the use of human embryos in research; xeno-transplantation; work with genetically modified organisations, somatic gene therapy; and human cloning.

The University has established a Human Research Ethics Committee in accordance with the National Statement on Ethical Conduct in Human Research 2007. The University requires researchers proposing to undertake research that involves interventions and therapies, including clinical and non-

Director, OR

(limited to ethical approvals for research involving human tissues

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clinical trials, related to human tissue samples, human stem cells, human genetics and women who are pregnant and the human foetus, to obtain clearance from the Committee.

Booklets 12, 13, 32 and 41 of the Griffith University Research Ethics Manual requires that researchers planning research in areas involving the use of human embryos in research; xeno-transplantation; work with genetically modified organisations, somatic gene therapy; and human cloning to consult a Research Ethics Advisor before submitting an application for ethical clearance. Any application for ethical clearance involves demonstration of research merit and quality, benefit, justice (including legality) and respect for participants before an ethics clearance will be granted.

or categories of persons covered by this Act)

Therapeutic Goods Act 1989

(Commonwealth)

An Act restricting the importation, export, manufacture or supply of therapeutic goods which are not registered on the Australian Register of Therapeutic Goods (or otherwise exempt from application of the Act in this respect).

The University has established a Human Research Ethics Committee in accordance with the National Statement on Ethical Conduct in Human Research 2007. The University requires researchers proposing to undertake research that involves interventions and therapies, including clinical and non-clinical trials, related to human tissue samples, human stem cells, human genetics and women who are pregnant and the human foetus, to obtain clearance from the Committee.

Booklet 12 of the Griffith University Research Ethics Manual addresses the application of the Act in relation to clinical trials and points out the registration obligation. The University’s commercialisation is conducted by Griffith Enterprise, in close consultation with Legal Services. Both Griffith Enterprise and Legal Services have a clear understanding of the Act, and are responsible for ensuring that in any commercialisation agreement, the licensees of the University’s compounds or vaccine candidates are required to obtain all necessary governmental regulatory approvals and registrations.

Director, OR

Director, GE

Head, Legal Services

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Trademarks Act 1995

(Commonwealth)

An Act that provides for the protection of the intellectual property rights embodied in trademarks. The University is obliged to ensure that in general and commercialising activities, that third party intellectual property rights embodied in registered trademarks are not infringed.

The University’s commercialisation is conducted by Griffith Enterprise, in close consultation with Legal Services. Both Griffith Enterprise and Legal Services have a clear understanding of this Act, and the obligation to conduct pertinent investigations, before commencing commercialisation of relevant technology using a particular brand or style, or research outputs that may infringe a registered trademark.

Director, GE

Head, Legal Services

Transplantation & Anatomy Act

1979 and Transplantation and

Anatomy Regulation 2017

(Queensland)

The Act makes provision for and in relation to the removal of human tissues for transplantation, for post-mortem examinations, for the definition of deaths, for the regulation of schools of anatomy, and for related purposes.

The Regulation requires the University to:

Require the person in charge to obtain authorising documents before accepting the body of a deceased person

Setting out requirements of disposal of body parts

Requiring a register of bodies received to be kept.

The University has an obligation to ensure that its researchers and teaching facilities comply with the requirements of the Act.

The University has established a Human Research Ethics Committee in accordance with the National Statement on Ethical Conduct in Human Research 2007. The University requires researchers proposing to undertake research that involves interventions and therapies, including clinical and non-clinical trials, related to human tissue samples, to obtain clearance from the Committee.

The School of Anatomy complies with all requirements of the Act and associated Regulation as per its obligation as an Accepting, Loaning and Borrowing School.

The School of Anatomy undertakes yearly Queensland Health Department paper based audits and 5 yearly site based audits.

The School of Anatomy maintains documented processes for all of its administrative and technical operations, and a database capturing records of all activities, from original donor enquiry till donors are cremated and ashes returned to NOK or scattered at the GU Memorial Garden.

Director, OR

PVC (Health)

Head, School of Anatomy

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Veterinary Surgeons Act 1936

(Queensland)

The Act requires certain defined veterinary surgical procedures to be overseen by a registered veterinary surgeon.

The University’s current position on compliance with this legislation is that animal research largely falls beyond the scope of veterinary surgery and practice as defined under the Act.

Director, OR

Youth Justice Act 1992 and Youth

Justice Regulation 2003

(Queensland)

The Act’s objectives are to establish the basis for juvenile justice administration, establish a code for dealing with children who have, or have alleged to have committed a crime, establish and monitor court proceedings, rehabilitation and reintegration of children who commit crimes.

The University has an obligation to ensure that researchers dealing with youth offenders comply with the requirements of this Act.

The University has established a Human Research Ethics Committee in accordance with the National Statement on Ethical Conduct in Human Research 2007. The University requires researchers proposing to undertake research that involves children and young people as participants to obtain clearance from the Committee. Prior approval from the Committee must be obtained for any research involving humans, including young people, undertaken by the University.

Director, OR

PVC (AEL)

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C. FINANCE

RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS

GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE

A New Tax System (Australian

Business Number) Act 1999

(Commonwealth)

An Act establishing a register of Australian businesses through a system of business number registrations.

The University has applied for and received an Australian

Business Number (ABN: 78 106 094 461)

Chief Financial Officer

A New Tax System (Goods and

Services Tax) Act 1999

(Commonwealth)

An Act implementing a goods and services tax and requiring the provider of taxable supplies to collect, charge and remit GST to the Australian Taxation Office. Education is listed as GST-free, however, the legislation, as currently written, refers to award courses, adult and community education courses and professional and trade courses. Continuing professional development courses are not GST-free. A GST registered entity is entitled to claim input tax credits on the acquisition of supplies.

The University provides a GST information page and a GST

information service. It also publishes the Griffith University

GST Taxation Guidelines.

The University is registered for GST. Finance is responsible for

ensuring the University lodges Business Activity Statements

with the Australian Taxation Office on a timely basis.

Chief Financial Officer

Australian Charities and Not-

for-Profits Commission Act 2012

(Commonwealth)

An Act that establishes the Australian Charities and Not-for-Profits Commission (‘ACNC’) and a national regulatory system that promotes good governance, accountability and transparency to maintain, protect and enhance public trust and confidence in the not-for-profit sector.

The University’s is registered for fundraising activities with the ACNC and the University is required to meet the annual reporting, governance and external conduct requirements.

Vice President (Corporate Services)

Director, D&A

Chief Financial Officer

Collections Act 1966

(Queensland)

An Act requiring the registration of charitable organisations and the authorisation of public appeals for money

The University’s fundraising activities have been granted sanction under this legislation.

Director, D&A

Head, Legal Services

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made by organisations that are not charitable organisations.

Customs Act 1901

(Commonwealth)

An Act relating to customers imposing an obligation to pay duties and levies on the import and export of goods and to ensure that only lawfully permitted goods and services are imported.

The Griffith University GST Taxation Guidelines and the Financial Management Practice Manual specify procedures to be followed when exporting or importing goods on behalf of the University.

Chief Financial Officer

Financial Accountability Act 2009 , Financial and Performance Management Standard 2009, and Financial Accountability Handbook

(Queensland)

The Financial Accountability Act 2009 (the ‘Act’) sets out strategic legal obligations with which the University must comply, and deals with the financial administration of the University as well as the basic accountability requirements for the University (including requirements in relation to the preparation, presentation and auditing of the annual financial statements of the University) and mandates compliance by the University with the Financial and Performance Management Standard 2009, and the Financial Accountability Handbook.

The Financial and Performance Management Standard 2009 is issued by the Treasurer to accountable officers and statutory bodies with respect to the policies and principles to be observed in financial management; including planning, performance management, internal control and corporate management and the content of financial statements and annual reports, reinforcing accountability

The University’s compliance obligations in relation to the Act, the Standard and the Handbook are underpinned by the University’s Financial Management Practice Manual together with the following policies, administered by the University’s Planning and Financial Services Group:

Assets Policy: The policy sets out the requirements for the acquisition, control, and disposal of University assets. The policy is consistent with the Financial and Performance Management Standard 2009.

Administration and Reporting of University Shareholdings Policy: The policy outlines requirements for the administration and reporting of University shareholdings.

University Credit Card Policy: This document sets out the Griffith University policy relating to use of the ANZ Visa Credit Card.

Financial Delegations Schedule: This document specifies the financial delegations and responsible authority for a range of financial related functions and activities, including the procurement of goods and services and conducting transactions. The delegations are consistent with the internal control structure requirements in the Financial and

Vice President (Corporate Services)

Chief Financial Officer

Director, Audit, Risk and Compliance

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the University should have with respect to the development and use of efficient, effective and economical internal controls in the management of financial resources.

Performance Management Standard 2009 section 8 (1) (b) and the Financial Accountability Handbook – Information Sheet 2.2.

Authority to Sign Documents and Agreement Delegation Schedule: This schedule provides a list of delegations authorising officers to sign contracts and agreements.

Hospitality Provided by the University: This policy sets out the circumstances under which hospitality expenditure may be incurred and guidelines which should be followed.

Internal Charges Policy: This policy provides information on the application of internal charges for services provided across elements within the University Services, wherever possible, should be provided through funding approved through the budgetary process. In instances that warrant the application of charges for the provision of services, internal charges may be approved in accordance with this policy and procedures detailed in the Financial Management Practice Manual.

Treasury Policy: This policy sets out the University’s management and operation of Investment, Debt and Banking activities.

Endowment Distribution and Investment Policy: This policy sets out the roles, responsibilities and operation of the University endowment funds.

Losses Policy: This policy sets out the actions to be taken when a loss is identified involving University assets. The policy is consistent with the requirements of the Financial and Performance Management Standard 2009 in relation to a statutory body.

Motor Vehicle Policy: The University owns, leases and hires motor vehicles to conduct University business and for the provision of full private usage of vehicles to designated staff.

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This policy outlines the provision of University motor vehicles for business and private use.

Gifts and Benefits Policy: The policy sets out the conditions under which gifts or benefits may be accepted or given by members of the University and the requirements in relation to recording certain gifts received or given. It does not apply to corporate fund-raising activities undertaken through the Office of Development and Alumni.

Purchasing Policy: This policy is consistent with the Financial and Performance Management Standard 2009 and sets out the broad requirements of the University with respect to all purchasing activities. Detailed requirements are set out in the associated Purchasing Procedures in the Financial Management Practice Manual.

Special Payments Policy: The policy sets out the requirements associated with the recording of special payments (being ex-gratia payments, extra-contractual expenditure, out of court settlements and court ordered damages) and are consistent with the Financial and Performance Management Standard 2009.

Travel Policy: The policy sets out the requirements for any person who travels or incurs travel related expenses while on Official University Business, or Academic Studies Program.

Two primary committees have been established by Council to assist in ensuring that effective financial management of University resources occurs, being:

• The Audit Committee. The Committee’s role is to assist the Vice Chancellor and President and the Council discharge financial management responsibilities imposed under the Financial

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Accountability Act 2009, Financial and Performance Management Standard 2009 and other relevant legislation; and

• The Finance, Resources and Risk Committee. The Committee is responsible for assessing and advising Council on the University's financial position, its assets and liabilities and its strategies relating to income, budget allocations, and capital expenditure on electronic and physical infrastructure.

The day to day responsibilities have been delegated to the Vice Chancellor who in turn may delegate certain aspects to senior managers.

Each manager delegated responsibility from the Vice Chancellor is required to manage their areas of responsibility efficiently, effectively and economically and institute internal controls to ensure that all expenditure is incurred for lawful purposes.

Managers are responsible for ensuring that financial policies and procedures described in the Financial Management Practice Manual (FMPM) are implemented.

Finance is responsible for:

• providing accurate and timely financial information;

• preparing the University’s Annual Financial Statements in compliance with the legislation;

• providing a comprehensive planning, accounting and financial service to the University;

• disseminating instructions such as the Financial and Performance Management Standard 2009, the Financial Accountability Handbook and the State Procurement Policy into useable University policies and procedures;

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• ensuring position assessments and systems appraisals are undertaken as specified in the Financial and Performance Management Standard 2009, the Financial Accountability Handbook and this manual; and

• preparing the University’s Financial Management Practice Manual (FMPM) and its periodic review to ensure that contents remain current and consistent with changing requirements.

The University also maintains an internal audit capacity. The Internal Audit Charter establishes the authority and responsibility conferred by the Council of Griffith University on the Office of Audit, Risk and Compliance (ARC) so that an effective internal auditing activity is provided to the University in accordance with the Financial Accountability Act 2009 and the Financial and Performance Management Standard 2009.

The Internal Audit activity:

• operates to all levels of University management in providing an independent review and assessment of the efficiency and effectiveness of University’s operations;

• is established to assist all members of University management to achieve sound managerial control over all activities for which they are responsible, so that the activities are carried out efficiently, effectively and in accordance with established policies, plans and procedures.

Internal Audit’s overall objective is to assist all levels of management including cost centres in the effective discharge of their responsibilities by providing independent and confidential analysis, appraisal, advice and recommendations concerning the activities reviewed. The Director, ARC and the

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Audit Manager report functionally to the Audit Committee, is independent of any other section or officer of the University and derives authority from the University Council, the Financial Accountability Act 2009, and the Financial and Performance Management Standard 2009 (which requires the establishment of an effective internal audit activity).

Internal Audit coverage may extend to all areas of the University (other than academic activities).

Fringe Benefits Tax Assessment Act 1986

(Commonwealth)

An Act relating to the assessment and collection of fringe benefit tax. Fringe benefits tax is a Commonwealth tax levied on non-salary benefits provided by the University to employees or associates as part of their employment, in place of or in addition to salary and wages.

Benefits are broadly defined to include any right, privilege, service or facility but to exclude payments of salary or wages, eligible termination payments or contributions to complying superannuation funds.

Finance operates a Fringe Benefits Tax information page and has a documented fringe benefit tax procedure embedded in its Financial Management Practice Manual. Finance is responsible for ensuring that the University provides the required FBT return to the Australian Taxation Office annually.

Chief Financial Officer

Income Tax Assessment Act 1997

(Commonwealth)

An Act about income tax, the Higher Education Contribution Scheme and the Medicare Levy. The University is exempt from paying income tax although, as an employer, the University is responsible for ensuring appropriate tax instalments are withheld from the salaries and wages of employees and remitted to the Australian Taxation Office.

The PAYG Income Tax procedures embedded in the Griffith University Financial Management Practice Manual inform the University’s compliance procedures in this area, so that the appropriate tax withholdings are remitted to the Australian Taxation Office. This process is managed by the University’s payroll team.

Director, HR

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Payroll Tax Act 1971

(Queensland)

The Act imposes a tax on employers in respect of certain wages.

The University is obliged to pay payroll tax on all taxable wages and submits a monthly form and accompanying payment to the Office of State Revenue.

Director, HR

Public Trustee Act 1978

(Queensland)

An Act about the Public Trustee obliging the University to ensure unclaimed money is identified and transferred to the Public Trustee.

The Griffith University Financial Management Practice Manual addresses disposal of current and non-current assets and does not specifically address the Public Trustee Act 1978. Any unclaimed money would be identified in the audited accounts of the University and dealt with, if not otherwise in accordance with the Griffith University Financial Management Practice Manual, then by transfer to the Public Trustee.

Chief Financial Officer

Social Security (Administration) Act 1999

(Commonwealth)

The Act provides for the administration of the social security law and the University is obliged, by the Act, to provide Centrelink details of student enrolments so they can determine eligibility for social security payments.

The University’s reporting obligations are administered through collaboration between Finance and Academic Administration.

Academic Registrar

Chief Financial Officer

Queensland Procurement Policy The State Purchasing Policy (or SPP) is given a measure of legal force under the Financial and Performance Management Standard 2009 (the Standard) (subordinate legislation made pursuant to the Financial Accountability Act 2009) which requires departments and statutory bodies to comply with the SPP in developing an expense management system and financial management practice manual. The policy obliges agencies to conduct their purchasing activities to advance government

The University has a purchasing policy consistent with the Queensland Procurement Policy and the Financial and Performance Management Standard 2009 and sets out the broad requirements of the University with respect to all purchasing activities. Detailed requirements are set out in the associated Purchasing Procedures in the Financial Management Practice Manual.

Chief Financial Officer

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priorities while achieving value for money with probity and accountability.

Statutory Bodies Financial Arrangements Act 1982 and Regulations 2007

(Queensland)

The Act establishes the banking arrangements for statutory authorities including investing, borrowing and derivatives trading.

The University’s Investment Policy covers compliance requirements in relation to investing, borrowing, derivatives, and banking

Chief Financial Officer

Taxation Administration Act 1953 and the Tax File Number Guidelines 1992

(Commonwealth)

The Act establishes offences in relation to the handling of tax file numbers.

The University is obliged to handle tax file numbers in accordance with the Tax File Number Guidelines 1992 and Student Administration and HRM have systems in place to ensure compliance.

Academic Registrar

Director, HR

Taxation Administration Act 2001 and Regulation 2012

(Queensland)

The Act establishes requirements in relation to the assessment and payment of state based taxation such as payroll and land tax.

The University is obliged to meet state taxation charges as specified in the Act.

Chief Financial Officer

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D. HUMAN RESOURCES

RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS

GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE

Age Discrimination Act 2004

(Commonwealth)

An Act to eliminate discrimination against persons on the ground of age in the area of work

The University’s Code of Conduct Policy and Workplace Harassment, Bullying and Discrimination Policy address discrimination for both staff and students. The University is committed to ensuring an environment where equality of opportunity and diversity are valued, promoted and practiced.

The University provides a list of external agencies where complainants may choose to refer their complaints to an external body such as the Anti-Discrimination Commission Queensland, the Australian Human Rights Commission, the Fair Work Commission and Queensland Ombudsman.

Griffith also maintains a network of Harassment and Discrimination Contact Officers, and an ALLY Network in support of staff and students who identify as gender diverse (LGBTIQ)

Director, HR

Anti-Discrimination Act 1991

(Queensland)

The Act promotes equality of opportunity by proscribing unfair discrimination and sexual harassment. The University, as an employer, has an obligation to provide a discrimination and harassment free environment, to ensure that employees, students, agents and contractors are aware of these responsibilities and an obligation to act appropriately if discrimination or harassment occurs.

The University recognises the right of all students and staff to work and study in an environment free from harassment, bullying and unlawful discrimination. To this end it has an Equal Opportunity Employment Policy, Harassment, Bullying and Discrimination Policy and a range of equity toolkits available on-line.

Griffith maintains a network of Harassment and Discrimination Contact Officers, and an ALLY Network in support of staff and students who identify as gender diverse (LGBTIQ).

An on boarding task for new staff is to complete EO Online – an interactive online learning program designed to provide staff

Academic Registrar

Director, HR

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with an understanding of discrimination and harassment in the University context.

The University also has an Aboriginal and Torres Strait Islander Advisory Committee and an Equity Committee. Policy instruments promulgated by the University to ensure compliance with the Anti-Discrimination Act 1991 include the Equity and Diversity Plan, the Reconciliation Action Plan and the Indigenous Australian employment strategy.

Australian Human Rights Commission Act 1986

(Commonwealth)

The Act establishes the Australian Human Rights Commission and gives functions to international instruments. In relation to the University, the following instruments apply: convention concerning Discrimination in Respect of Employment and Occupation and the Declaration on the Rights of Disabled Persons

The University recognises and values diversity and inclusiveness in the workplace and is committed to ensuring its campuses are safe to all. The University has in place an Inclusive Practices for People with Disability Policy and the Workplace Harassment, Bullying and Discrimination Policy that address discrimination. Griffith maintains a network of Harassment and Discrimination Officers and ALLY Network in support of staff and students who identify as gender diverse (LGBTIQ).

Griffith has established a Safe Campus Taskforce to oversee the implementation of recommendations from the Australian Human Rights Commission Change the Course Report on sexual assault and sexual harassment.

Director, HR

DVC (Academic)

Working with Children (Risk Management and Screening) Act 2000

(Queensland)

An Act to establish a Commission for Children and Young People to promote and protect the rights, interests and wellbeing of children in Queensland.

Griffith University is a “regulated business” as defined in the Act and clarified by the Office of the Premier, and consequently the University has an obligation to apply to the Commission for suitability notices for Council members. Certain staff and students may also be in “regulated employment” as defined in the Act.

With respect to staff, the Act provides that the University does not need to apply for suitability notices for its employees. With respect to teaching staff, the University is an education

Vice President (Corporate Services)

Relevant PVC in relation to practical or clinical training placements Director, Campus Life

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provider as defined in the Tertiary Education Quality and Standards Agency Act 2001 (Cth) and falls outside the regulated business under the Act. Therefore teaching staff are not required to apply for a blue card even if some of the students are under the age of 18.

Students undertaking practical training in private hospitals (public hospitals are exempt from this legislation) or in schools (whether public or private), need to be screened. The hospital or school, not the University, is the “employer” and is therefore obliged to apply to the Commission for suitability notices. The University’s obligation is to provide information to its students about the requirement to obtain suitability notices and to tell them what information they need to provide to the hospitals or schools.

A review of the University’s approach to working with children and youth, and its associated risks occurs on an annual basis.

Academic Registrar in relation to extra-curricular activities

Dangerous Goods Safety Management Act 2001

(Queensland)

An Act about the safe management of storage and handling of hazardous materials. The University must ensure that it stores and handles hazardous material properly to ensure the safety of people and the environment.

The University has a responsibility to ensure the workplace health and safety of each of its employees, and to ensure that other persons (such as students, visitors, contractors) are not exposed to risks to their health and safety arising out of the University's activities. The University also recognises the importance of a healthy and safe work and study environment for the well-being and productivity of staff and students, and as a principle of business sustainability.

The University has an overarching Health and Safety Policy supported by the University’s Safety Management System Framework.

The Office of Health, Safety & Wellbeing Operational Unit provides a range of training activities including Biological

Vice President (Corporate Services)

Director, HSW

Director, Campus Life

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Safety, Chemical Safety, Radiation Safety, Machine & Noise Safety and Clinical & Related Waste Management.

All new staff members undertake a range of workplace health and safety training, including on-line induction in workplace safety and ergonomics. There are laboratory workshop and chemical stores policies and checklists, written guidelines, procedures and checklists relating to fieldwork generally, as well as specific material addressing a range of activities such as chemical handling, electrical safety and diving.

Regular inspections and sampling audits are conducted and risk management and assessment tools for managers are distributed through the University’s intranet site.

An important part of the University’s health and safety arrangements is the use of Risk Registers to identify particular kinds of risks and to document mitigation strategies. A statement on the University’s approach to Risk Registers titled “Health & Safety Risk Management” has been approved by the University Executive.

The University employs Biosafety Coordinators, a Radiation Safety Coordinator, a Chemical Safety Coordinator and a Laser Safety Advisor.

Disability Discrimination Act 1992

(Commonwealth)

An Act relating to discrimination on the grounds of disability. The University is obliged to provide an environment where people with a disability are free from unlawful discrimination and are provided with reasonable accommodation to ensure access and progress.

The University has a “Staff Inclusive Practices for People with Disabilities website” describing best practices for assisting students with disabilities. There is also a “Students with Disabilities Policy”. The Disability Standards for Education 2005 provides further guidance of the obligations.

Academic Registrar

Director, HR

Director, Campus Life

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Workplace Gender Equality Act 2012(Commonwealth)

An Act to promote and improve gender equality (including equal remuneration between women and men) in employment and support employers to remove barriers to the full and equal participation of women in the workforce.

The University has an Equity and Diversity Plan, and an Equity Committee.

Staff Consultative Committees have been established to facilitate the implementation of the Academic and General Staff Enterprise Agreements.

Director, HR

Fair Work Act 2009 and Fair Work Rules 2013

(Commonwealth)

This Act sets a national workplace relations framework, together with an obligation to provide a minimum level of working conditions for Australian workers.

Terms and conditions of employment are covered by the University’s enterprise agreements for academic and general staff.

An enterprise agreement is an agreement negotiated between the University and a group of staff.

The University documents its work integrated student learning placements so it is clear that students on work placement are not employees and are covered by minimum working conditions.

DVC (Academic)

Vice President (Corporate Services)

Director, HR

Health Insurance Act 1973

(Commonwealth)

An Act providing for payments by way of medical benefits and payments for hospital services and for other purposes.

Policies and procedures have been established for the operation of the University’s medical practices and Health Group Clinics.

Academic Registrar

PVC (Health)

Paid Parental Leave Act 2010

(Commonwealth)

An Act to provide for the provision of paid parental leave.

A system of staff entitlements has been established through the applicable staff enterprise agreements.

Director, HR

Public Sector Ethics Act 1994

(Queensland)

The University, as a public sector entity is required to demonstrate good public administration via the following ethical principles: integrity and impartiality, promoting the public good, commitment to the system of government and accountability and transparency.

The University has in place a Code of Conduct which sets out the ethical obligations required by the Act. The University expects all staff will behave professionally and with respect and consideration for others, including staff who report to them, colleagues, students and internal customers.

Staff and individuals acting on behalf of the University are required to conduct their duties according to the Code as part

Vice President (Corporate Services)

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of their employment/attachment with the University. Persons covered by this Code are also to act in accordance with University policies, including the Conflict of Interest Policy.

Racial Discrimination Act 1975

(Commonwealth)

An Act relating to the elimination of racial and other discrimination.

The University recognises the right of all students and staff to work and study in an environment free from harassment, bullying and unlawful discrimination. To this end it has an “Equal Opportunity Employment Policy”, “Workplace Harassment, Bullying and Discrimination Policy” and a range of equity toolkits available on-line.

The University also has an Aboriginal and Torres Strait Islander Advisory Committee and an Equity Committee. Policy instruments promulgated by the University to ensure compliance with the Anti-Discrimination Act 1991 include the Equity and Diversity Plan, The Reconciliation Action Plan and the Indigenous Australian employment strategy.

Academic Registrar

Director, HR

Radiation Safety Act 1999 and Radiation Safety Regulation 2010 and Radiation Safety (Radiation Safety Standards) Notice 2010

(Queensland)

The Act aims to protect persons and the environment from harmful effects of particular sources of ionising radiation by establishing a licence regime to regulate the use and possession and transportation of ionising radiation.

The Regulation and Standard sets out the requirements to assist licensees ensure the health and safety of a person is not adversely affected by exposure to radiation. Certification of compliance must be obtained in line with the regulation and standard.

The University has a responsibility to ensure the workplace health and safety of each of its employees, and to ensure that other persons (such as students, visitors, contractors) are not exposed to risks to their health and safety arising out of the University's activities. The University also recognises the importance of a healthy and safe work and study environment for the well-being and productivity of staff and students, and as a principle of business sustainability.

The University has an overarching Health and Safety Policy supported by The University’s Safety Management System Framework.

The Office of Health, Safety & Wellbeing provides training on Radiation Safety.

Vice President (Corporate Services)

PVC (Health)

PVC (Sciences)

Director, HSW

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The University employs a Radiation Safety Coordinator to ensure the adequate management of ionising radiation and compliance with the requirement of the Act.

The University is required to obtain an ‘approval to acquire’ a radiation source and have licences for possession and use of radiation sources. It must also store and handle radiation sources properly to protect people from exposure. The University’s Hazard and Risk Management structure Laboratory, Workshop, and Chemical Stores and Studio Health & Safety Inspection Checklist addresses radiation compliance. Various schools (e.g. Dentistry) also require the production of appropriate licences as a precondition to undertaking relevant courses.

Sex Discrimination Act 1984

(Commonwealth)

An Act relating to discrimination on the basis of sex, gender identity, sexual orientation, intersex status, marital or relationship status, pregnancy, potential pregnancy, breastfeeding or family responsibilities.

The University is committed to providing a work and study environment that is respectful, inclusive and non-discriminatory. The University has an Equity and Diversity Plan and an Equity Committee.

University policies address sexual orientation and intersex issues, along with discrimination on the basis of sex, gender identity, sexual orientation, intersex status, marital or relationship status, pregnancy, potential pregnancy, breastfeeding or family responsibilities.

Staff Consultative Committees have been established to facilitate the implementation of the Academic and General Staff Enterprise Agreements.

Director, HR

Superannuation Guarantee (Administration) Act 1992 and

An Act relating to the establishment and administration of the Superannuation Guarantee Scheme. As an employee, the

The University’s Enterprise Agreements reflect the University’s obligations to pay above the minimum superannuation to all eligible staff.

Director, HR

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Superannuation Guarantee Charge Act 1992

(Commonwealth)

University must pay the 9.5% minimum superannuation to all staff eligible under the Act. The Act imposes a charge on any shortfall in contributions.

The Office of HRM ensures that at least the minimum level of superannuation is paid to staff not covered by Enterprise Agreements.

Superannuation (State Public Sector) Act 1990

(Queensland)

This Act provides the machinery for the establishment of QSuper, a superannuation scheme for the Queensland Public Sector.

The University has in place, through the Office of HRM, processes to ensure compliance with QSuper requirements.

Director, HR

Tertiary Education Superannuation Scheme Award 1988

As a signatory to the TESS Award, the University is obliged to ensure superannuation contributions are paid to UniSuper.

The University’s Enterprise Agreements reflect the University’s obligations to pay superannuation to UniSuper, for the benefit of all eligible staff.

Director, HR

UniSuper Trust Deed This is the document governing UniSuper, the superannuation scheme for staff of Australian Universities. As an employee, the University must deduct and remit superannuation contributions.

The University’s Enterprise Agreements reflect the University’s obligations to pay above the minimum superannuation to UniSuper, for the benefit of all eligible staff.

The Office of HRM ensures that at least the minimum level of superannuation is paid to staff not covered by Enterprise Agreements.

Director, HR

Workers Compensation & Rehabilitation Act 2003 and Workers Compensation and Rehabilitation Regulation 2014

(Queensland)

The Act establishes a workers’ compensation scheme for Queensland workers. As an employee, the University is obliged to pay a premium to WorkCover Queensland for workers’ compensation insurance. The University is also required to provide workplace rehabilitation policies and procedures.

The University contributes to WorkCover premiums and has a dedicated Workplace Health and Safety Rehabilitation Coordinator. The University’s website states the University’s legal obligation to take all reasonable steps to provide an injured worker with rehabilitation while they are being paid workers' compensation, states that workers are legally obliged to participate in appropriate rehabilitation while receiving compensation, and provides contact details for the Rehabilitation Coordinator.

Director, HSW

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Work Health and Safety Act 2011 and Work Health and Safety Regulation 2011

(Queensland)

An Act about workplace health and safety, obliging employers and employees to comply with a range of standards relating to workplace health and safety. The Act provides a framework to protect the health, safety and welfare of all workers; and the health and safety of other people who may be impacted by the work being conducted by the University. This Act places responsibility on the University to ensure, as far as reasonably practicable, the health and safety of its workers. The regulation describes how to prevent or minimise risk at a workplace.

The University has a responsibility to ensure the workplace health and safety of each of its employees, and to ensure that other persons (such as students, visitors, contractors) are not exposed to risks to their health and safety arising out of the University's activities. The University also recognises the importance of a healthy and safe work and study environment for the well-being and productivity of staff and students, and as a principle of business sustainability.

The University has an overarching Health and Safety Policy supported by The University’s Safety Management System Framework.

The Office of Health, Safety & Wellbeing provides a range of training activities including Biological Safety, Chemical Safety and Radiation Safety.

The Office of Campus Life manages construction, electrical safety and campus life activities and manage machine and noise safety and clinical and related waste management.

All new staff members undertake a range of workplace health and safety training, including on-line induction in workplace safety and ergonomics. There are laboratory workshop and chemical stores policies and checklists, written guidelines, procedures and checklists relating to fieldwork generally, as well as specific material addressing a range of activities such as chemical handling, electrical safety and diving.

Regular inspections and sampling audits are conducted and risk management and assessment tools for managers are distributed through the University’s intranet site.

An important part of the University’s health and safety arrangements is the use of Risk Registers to identify particular kinds of risks and to document mitigation strategies. A

Executive Group

Director, HSW

Director, Campus Life (in relation to construction & Campus Life activities)

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statement on the University’s approach to Risk Registers titled “Health & Safety Risk Management” has been approved by the University Executive.

The University also has a Safe Campuses website and a suite of policies with information and resources in relation to personal safety.

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E. ORGANISATION AND GOVERNANCE

RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS

GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE

Autonomous Sanctions Act 2011

(Commonwealth)

The Act, along with the Autonomous Sanctions Regulations 2011 and the Charter of the United Nations Act 1945 and the Charter of the United Nations (Dealing with Assets) Regulation 2008 all give legal force to the sanctions, restricting transfer of technology, goods, services and provision of financial assistance to a range of countries and certain persons.

Sanctions potentially apply to a range of activities of the university such as:

enrolment of international students in any post-graduate research program or course;

research projects undertaken by visiting academics who are not Australian citizens;

research collaborations with academics or organisations not Australian citizens;

technology or material transfers to sanctioned countries or individuals; and

undertaking consultancies or engaging in private practice for or with sanctioned countries or individuals.

The University has implemented formal and documented procedures to ensure that all dealings with international counterparties subject to a sanctions regime are vetted and, if found to be subject to sanctions, permitted or declined.

Senior DVC

Vice President (Corporate Services)

Vice President (Global)

Dean, GGRS

Director, GE

Business Names (Commonwealth Powers) Act 1962

(Queensland)

The Act obliges the registration of names under which various types of entities, including the University, conduct business.

Endeavours which involve the University developing a business name are referred to Legal Services. Legal Services initiate the registration of the relevant business name. Legal Services conduct renewals of business names on an annual basis.

Head, Legal Services

Census and Statistics Act 1905

(Commonwealth)

An Act relating to the census and statistics of the Commonwealth requiring the University to report to the Federal Government on a regular basis on student load, research output and staff numbers.

Finance and Office of Planning Services report the required data.

Chief Financial Officer

Director, Planning Services

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Competition and Consumer Act 2010

(Commonwealth)

An Act to enhance the welfare of Australians through the promotion of competition and fair trading and provision for consumer protection (particularly by making unfair standard form contracts subject to judicial review). The University must ensure its activities are free from restrictive trade practices, unconscionable conduct or misleading or deceptive conduct, agreements with competitors that restrict competition, constitute cartel conduct or misuse of market power. The Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 (Cth) extends the unfair contract terms protections that currently apply to consumer contracts so that they also apply to standard form small business contracts.

The University’s Office of Marketing and Communications supports the marketing and communication objectives of the University's Schools, individual campuses, research, commercial and administrative service units, including by vetting promotional and advertising materials to ensure the veracity of information disseminated. The University’s contractual engagements and commercialisation activities are vetted through Legal Services to ensure the University is not engaging in cartel behaviour or restrictive trade practices.

The University considers that, given the nature of its operations, it does not have any contracts which present a risk of constituting unfair contracts within the meaning of the legislation.

Vice President (Corporate Services)

Director, OMC

Head, Legal Services

Corporations Act 2001

(Commonwealth)

This Act regulates the incorporation and operations of companies. It also regulates raising of capital and provision of financial services.

As an exempt public authority, the University itself, as a body corporate is not governed by this Act, but its controlled entities may be so bound. Commercialisation activities may also be regulated by the fundraising and financial services provisions of the Act. Griffith Enterprise are therefore responsible for identifying and referring any relevant issues to Legal Services, who have an extensive understanding of the provisions of this Act.

Vice President (Corporate Services)

Director, GE

Head, Legal Services

Crime & Corruption Act 2001

(Queensland)

The main purpose of these Act is to combat and reduce the incidence of major

The requirements of the Act are reflected in the University’s Staff Code of Conduct and, the possibility of circumstances arising in the University context being referred to the Crime

Vice President (Corporate Services)

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crime and to reduce the incidence of corruption in the public sector.

and Corruption Commission, are reflected in the Staff Enterprise Agreements.

University Council has approved the “Complaints about the Vice Chancellor: Section 48A of the Crime and Corruption Act 2001” policy for dealing with allegations against the CEO under s48A of the Crime and Corruption Act 2001.

Chemical Weapons (Prohibition) Act 1994

(Commonwealth)

This Act gives effect to certain obligations that Australia has as a party to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their destruction. It prohibits development, use, export and supply of goods and services (including training) relating to weapons of mass destruction and their precursors.

The requirements of the Act impact upon the University’s enrolment of students from particular countries in given courses. It also impacts enrolments in postgraduate research.

The University’s publications, technology transfers and material transfer arrangements are also subject to controls imposed by this legislation.

The University has implemented formal and documented on development of, and dealings with chemical weapons, weapons of mass destruction and their precursors.

Senior DVC

Vice President (Corporate Services)

Vice President (Global)

Dean, GGRS

Director, GE

Defence Trade Controls Act 2012

(Commonwealth)

This Act regulates dealings in items listed in the Defence and Strategic Goods List (the DSGL) and in items covered by the Defence Trade Cooperation Treaty between Australia and the United States of America. The Act makes it an offence to supply relevant technology or publish details about relevant technology outside of Australia without a permit.

The scope of application of the Act in the University Sector (and particularly its application to academic publications) is currently the subject of review. The compliance obligations under the Act are currently in a transition period. The University has established a Defence Trade Controls Working Group to monitor developments and implement appropriate governance controls when the final scope of impact of the Act upon the university's activities becomes clear.

Senior DVC

Vice President (Corporate Services)

Vice President (Global)

Director, GE

Director, OR

Fair Trading Act 1989

(Queensland)

An Act to introduce the Australian Consumer Law (as discussed above under Competition and Consumer Act 2010) into Queensland Law.

Discussed above under Competition and Consumer Act 2010. Vice President (Corporate Services)

Director, OMC

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Head, Legal Services

Griffith University Act 1998

(Queensland)

An Act about Griffith University. As a statutory corporation established under this Act, the University is obliged to act in accordance with this Act. Chiefly the Act establishes structures, the ability to make University Statutes, positions and provisions for financial arrangements. The University is obliged to ensure its structure reflects the requirements of the Act.

University Council is established in accordance with the Act and meets regularly. The Corporate Governance and Academic Services units are responsible for committee management, maintaining a database of Committee Members, establishing a schedule of meeting dates, times and venues for committees, providing advice and training on the format of committee agendas, minutes and attachments, providing administrative support to the Group Boards and Group Pro Vice Chancellors, and updating and maintaining the legislation and rules of the

University which comprise the University’s Policy Library.

Vice President (Corporate Services)

Judicial Review Act 1991

(Queensland)

An Act relating to the review of certain administrative decisions, and for the reform of procedures relating to judicial review at Common Law. The University is subject to the Act which allows a person aggrieved by certain decisions of an administrative nature to demand a written statement of reasons.

The Vice President (Corporate Services) deals with applications for statement of reasons.

Vice President (Corporate Services)

Migration Act 1958

(Commonwealth)

An Act relating to the entry into, and presence in Australia of aliens, and the departure or deportment of aliens from Australia.

As an employer, the University is obliged to ensure compliance with the provisions of the Act in relation to employment contracts offered to prospective staff. As a provider of educational services to international students, the University is obliged to monitor student visa compliance and to report on compliance to the Department of Immigration and Citizenship. The University asks prospective employees to complete a form indicating their citizenship. Griffith International monitors student enrolments to determine and report students who are in breach of their visa requirements.

Vice President (Global)

Director, HR

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Public Health Act 2005

(Queensland)

An Act to protect and promote the health of the Queensland public by mandating the reporting of certain diseases to the State Communicable Diseases Unit.

The University is required to report certain diseases in the interests of public health and to comply with the requirements of the Act.

The University has a Guidelines for the Prevention and Control of Communicable and Notifiable Diseases.

Vice President (Corporate Services)

Director, HSW

Public Interest Disclosure Act 2010

(Queensland)

An Act to protect those who make disclosures in the public interest. As a public sector entity established by an Act of Parliament (the Griffith University Act 1998), the University is subject to the Act and obliged to ensure that persons making disclosures are protected from reprisal and to keep records of disclosures made.

The Office of the Vice President (Corporate Services) is the University's central contact point for the receipt, assessment and recording of all public interest disclosures. The University has a public interest disclosure policy reflecting the requirements of the Act.

Vice President (Corporate Services)

Charter of the United Nations Act 1945 and the Charter of the United Nations (Dealing with Assets) Regulation 2008

This Act, with the Autonomous Sanctions Regulations 2011 and the United Nations Act 1945 and the Charter of the United Nations (Dealing with Assets) Regulation 2008 gives legal force to sanctions, restricting transfer of technology, goods, services and financial assistance to a range of countries and their citizens

Sanctions potentially apply to a range of activities of the university such as:

enrolment of international students in any post-graduate research program or course;

research projects undertaken by visiting academics who are not Australian citizens;

research collaborations with academics or organisations not Australian citizens;

technology or material transfers to sanctioned countries or individuals; and

undertaking consultancies or engaging in private practice for or with sanctioned countries or individuals.

The University has implemented formal and documented procedures to ensure that all dealings with international

Senior DVC

Vice President (Corporate Services)

Vice President (Global)

Dean, GGRS

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counterparties subject to a sanctions regime are vetted and, if found to be subject to sanctions, permitted or declined.

Multicultural Recognition Act 2016

This Act sets out to recognise the valuable contribution of diverse groups of people in the Queensland community. The Act also establishes the Multicultural Queensland Advisory Council as well as a Multicultural Queensland Charter to ensure that government entities as well as prospective employees are responsive to the diversity of the people of Queensland. In particular, the Act imposes obligations to ensure that employees are aware of the Multicultural Queensland Charter and take the charter into account in developing policies and providing services.

As an employer the University is aware of the Multicultural Queensland Charter and has in place practices and policies to build a work environment which reflects the diversity of Australian society and where people and performance are valued. The University has an Equity and Diversity Plan that outlines the University’s commitment to equity and social justice as one of the foundations of excellence in teaching, research and community service. The University has an Equity Committee, whose role is to enhance the coordination and accountability of equity provision across the University.

DVC (Engagement)

Vice President (Corporate Services)

Director, HR

Weapons of Mass Destruction (Prevention of Proliferation) Act 1994

(Commonwealth)

This Act gives effect to certain conventions Australia is party to. The objective of the Act is to ensure goods are not supplied or exported and services are not provided, where the goods may be used in the development, production, and acquisition or stockpiling of weapons that are capable of causing mass destruction. It prohibits the development, production, acquisition or stockpiling of biological or chemical weapons

The requirements of the Act impact upon the University’s enrolment of students from particular countries in given courses. It also impacts enrolments in postgraduate research.

The University’s publications, technology transfers and material transfer arrangements are also subject to controls imposed by this legislation.

The University has implemented formal and documented on development of, and dealings with chemical weapons, weapons of mass destruction and their precursors.

Senior DVC

Vice President (Corporate Services)

Vice President (Global)

Dean, GGRS

Director, GE

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F. FACILITIES AND ENVIRONMENT

RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS

GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE

Aboriginal Cultural Heritage Act 2003

(Queensland)

An Act to provide effective recognition, protection, and conservation of Aboriginal Cultural Heritage.

Aboriginal Cultural Heritage issues are managed by the University’s dedicated facilities management group, Campus Life, in conjunction with input from Legal Services and, often, external lawyers who act as project advisors.

Vice President (Corporate Services)

Director, Campus Life

Head, Legal Services

Building Act 1975

Code for the Tendering and Performance of Building Work 2016 (the Building Code)

Building Fire Safety Regulation 2008

Building Regulation 2006

(Queensland)

An Act about the imposition of laws and standards to building works, requiring approval of plans and post-completion certification of structures. All building work undertaken by the University must conform to the Building Code of Australia.

Commonwealth and Queensland legislation impose a raft of requirements upon facilities used in a public context, such as those operated by the University. The core of this regulation is managed around the Queensland Integrated Development Application System (‘IDAS’) which facilitates the granting of zoning and building approvals for new buildings and developments, and also approvals for material changes of use of buildings, material escalations in scale or intensity of use of buildings and reconfigurations of lots.

At any given time, the University will have a range of building and development projects which will involve complex assessment of relevant zoning and planning codes, building codes, vegetation and biodiversity management requirements and impact assessment. These issues are managed by the University’s dedicated facilities management group, Campus Life, in conjunction with input from Legal Services and, often, external lawyers who act as project advisors. The relevant developments are then permitted either through the IDAS or, in the case of projects of State or regional significances, permitting is delegated to the Queensland Coordinator-General under the State Development and Public Works Organisation Act 1972 (‘SDPWO’).

Director, Campus Life

Head, Legal Services

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Campus Life and Legal Services between them have a rigorous understanding of permitting requirements and processes in this respect, and all new buildings and developments, and also material changes of use of buildings, material escalations in scale or intensity of use of buildings and reconfigurations of lots are managed, at least initially, through these University elements.

The scope of allowable and lawful usage of University facilities is appropriately limited through a clearly enunciated and communicated University Site Use Policy, reinforcing the powers to exclude and control which are granted by the Griffith University Act 1998.

Building and Construction Industry (Portable Long Service Leave) Act 1991

(Queensland)

An Act requiring notification of nominated building work and contract cleaning activities and payment of portable long service leave levies to QLeave.

The Planning, Design and Construction Section of Campus Life, is responsible for delivering new capital works and refurbishment and alteration to existing facilities, and is correspondingly responsible for making the relevant notifications.

Director, Campus Life

Education and Care Service National Law (Queensland) Act 2011(Queensland)

The Act and its regulations establishes a licensing system for child care facilities, regulates the manner in which child care facilities are conducted and sets standards for persons providing child care. Early childhood education is regulated by the National Quality Framework.

The Boronia and Tallowwood Childcare Centres are both accredited by the National Child Care Accreditation Council and licensed by the State Department of Communities.

Director, Campus Life

Electrical Safety Act 2002 and Electrical Safety Regulation 2013

(Queensland)

An Act about Electrical Safety.

The Regulation specifies how the University is to meet its duty under the Act and sets out the requirements for

The University is obliged to provide an environment which is electrically safe. The University has an electrical safety policy for ensuring electrical safety within the workplace.

The Executive Group along with Deans and Heads of Elements are responsible for general and electrical safety in their own areas and the

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electrical work, licensing, electrical installations, electrical equipment and

workplaces of their general and academic staff.

Griffith University buildings and electrical infrastructure are under the control of Campus Life and this element is responsible for the appropriate testing of those systems

Electricity Act 1994 and Electricity Regulation 2006

(Queensland)

The Act and the Regulation address the supply of electricity and the structure of the electricity generation and transmission and retail sectors in the State of Queensland.

Under the regulations, Griffith University has an obligation to ensure that its use of electricity or an electrical article does not unreasonably interfere with the supply of electricity to other customers. The Regulations also impose various standards relating to customers’ electrical installations. The University’s dedicated facilities management office, Campus Life, is responsible for overseeing the University’s facilities, responding to maintenance requests and ensuring that development projects comply with all applicable codes.

Director, Campus Life

Environment Protection and Biodiversity Conservation Act 1999

(Commonwealth)

An Act implementing a Commonwealth environmental permitting system in relation to RAMSAR wetlands, developments impacting biodiversity values and matters of national environmental significance.

Campus Life and Legal Services between them have a rigorous understanding of permitting requirements and processes in this respect.

Director, Campus Life

Head, Legal Services

Environmental Protection Act 1994

(Queensland)

The Environmental Protection Act 1994 imposes a duty of general environmental care and also requires a permit to be obtained by those conducting

While the University’s activities are not generally of the nature of ERAs (noisome, bothersome or involving emission of contaminants and the like), the University will, from time to time, be involved in temporary ERAs in the disposal of

Director, Campus Life

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environmentally relevant activities (or ‘ERA’s) which are specified in a schedule to the Environmental Protection Act 1994.

hazardous waste and in its building and construction endeavours (which are ERA permitted through the IDAS or SDPWO processes discussed above).

Fire and Emergency Service Act 1990(Queensland)

The Act establishes the Queensland Fire and Rescue Service and provides for the prevention of and response to fires.

The University is obliged to provide fire and evacuation plans, maintain fire and evacuation exits, alarms and extinguishers. The University has a comprehensive system of Building Fire Safety Management Plans which comply with the relevant legislation and with the Australian Standard 3745 – Emergency Control Organisation and Procedures for Buildings, Structures and Workplaces. These plans are maintained and regularly reviewed by the University Fire Officer.

Campus Life (Engineering Services) is also responsible for ensuring that all campus buildings are regularly checked for compliance with state and local government ordinances, including fire safety requirements.

All staff are required to undertake an annual fire safety training.

Vice President (Corporate Services)

Director, Campus Life

Director,

All PVCs

Food Act 2006 & Food Regulation2016

(Queensland)

The Act regulates food preparation and safety.

The management of Griffith Food is accredited as Gold Licence Caterers which involves independent certification of facilities, food preparation (which is overseen by a senior person with a Safe Food Handling Certificate and a Responsible Service of Alcohol Certificate).

Director, Campus Life

Land Act 1994

(Queensland)

Legislation relating to the administration and management of non-freehold land and deeds of grant in trust.

As a substantial amount of the land occupied by the University is Crown Land issued under deed of grant in trust, the University must comply with this Act in terms of the use and management of this land. The scope of allowable and lawful usage of University facilities is appropriately limited through a clearly enunciated and communicated University Site Use Policy.

Vice President (Corporate Services)

Director, Campus Life

Head, Legal Services

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Land Title Act 1994

(Queensland)

Legislation relating to the administration and management of freehold land.

The University must comply with the Act when buying, selling and leasing freehold lands.

Vice President (Corporate Services)

Head, Legal Services

Liquor Act 1992 and Liquor Regulation 2002

(Queensland)

The Act is established to regulate the operation of licensed premises and sale and supply of liquor.

The management of Griffith Food is responsible for the service of alcohol by their employees and the responsible management of licensed venues on the various campuses, ensuring minimal impact on the community through continuous risk assessment.

Director, Campus Life

National Greenhouse and Energy Reporting Act 2007 (NGER Act)

(Commonwealth)

The University must comply with the Act by reporting Scope 1 and Scope 2 energy consumption and emissions as a corporation by 31 October each year for the current financial year ending.

The University must nominate a staff member to act as the primary contact. The data must be entered into the Online System for Comprehensive Activity Reporting (OSCAR) and a final report generated for signing by the CEO. The final signed hard copy of the report shall be forwarded to the Department of Climate Change and Energy Efficiency.

Director, Campus Life

Native Title (Queensland) Act 1993 with the Native Title Act 1993 (Commonwealth)

The Acts together provide for the recognition and protection of native title rights, as well as the validation of various acts of extinguishment of native title.

The Acts oblige Griffith University, as a biodiscovery entity to negotiate with the native title holders, if a biodiscovery exercise is occurring on land which is, or may be subject to, unextinguished native title. The University has also entered into Indigenous Land Access Agreements with a number of native title holding groups where biodiscovery exercises have required this.

There is also potential for the University to be obliged to negotiate Indigenous Land Use Agreements in relation to buildings and material changes of use in areas where there may be unextinguished native title (such as previously unallocated State Lands or buildings on creek and river beds and banks). These issues are managed by the University’s dedicated facilities management group, Campus Life, in

Vice President (Corporate Services)

Director, Campus Life

Head ,Legal Services

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conjunction with input from Legal Services and, often, external lawyers who act as project advisors.

Personally Controlled Electronic Health Records Act 2012

(Commonwealth)

This Act establishes a voluntary national system for the provision of access to health information relating to consumers of healthcare. It controls the manner in which healthcare providers may access and use electronic healthcare records.

The University’s Student Services Medical Practices at Nathan and Gold Coast have elected to access the PCEHR system. The clinics software and practices are registered with Medicare and as part of the eHealth initiatives.

Academic Registrar

Relevant Academic Clinic Lead, Health Group and Health Group Clinic Lead

Queensland Heritage Act 1992

(Queensland)

The Act establishes a register of protected State heritage places, archaeological places and protected areas and applies protection to those places and areas.

Campus Life and Legal Services between them have a rigorous understanding of the requirements of the Act and consider the requirements of the Act in undertaking new buildings and developments, and also in considering material changes of use of buildings, material escalations in scale or intensity of use of buildings and reconfigurations of lots.

Director, Campus Life

Head, Legal Services

Retail Shop Leases Act 1994

(Queensland)

The Act regulates the manner in which retail shop leases are entered into; ensuring tenants have the opportunity to obtain independent advice, and the banning of a range of clauses which particularly favour the landlord.

The University ensures compliance with its obligations in relation to leasing of retail space on its campuses (under the Retail Shop Leases Act 1994) by outsourcing its leasing to external lawyers.

Vice President (Corporate Services)

Director, Campus Life

Security Providers Act 1993

(Queensland)

The Act requires security providers to be licensed.

As an employee of security providers, the University is obliged to ensure that all security staff are licensed, and security officer interviewees are asked to produce their licence before being offered employment.

Director, Campus Life

Sustainable Planning Act 2009

(Queensland)

An Act establishing a framework for assessment of planning and development applications (‘IDAS’).

Commonwealth and Queensland legislation impose a raft of requirements upon facilities used in a public context, such as those operated by the University. The core of this regulation is managed around the Queensland Integrated Development

Vice President (Corporate Services)

Director, Campus Life

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Application System (‘IDAS’) which facilitates the granting of zoning and building approvals for new buildings and developments, and also approvals for material changes of use of buildings, material escalations in scale or intensity of use of buildings and reconfigurations of lots.

At any given time, the University will have a range of building and development projects which will involve complex assessment of relevant zoning and planning codes, building codes, vegetation and biodiversity management requirements and impact assessment. These issues are managed by the University’s dedicated facilities management group, Campus Life, in conjunction with input from Legal Services and, often, external lawyers who act as project advisors.

The relevant developments are then permitted either through the IDAS or, in the case of projects of State or regional significances, permitting is delegated to the Queensland Coordinator-General under the State Development and Public Works Organisation Act 1972 (‘SDPWO’).

Campus Life and Legal Services between them have a rigorous understanding of permitting requirements and processes in this respect, and all new buildings and developments, material changes of use of buildings, material escalations in scale or intensity of use of buildings and reconfigurations of lots are managed, at least initially, through these University elements.

The scope of allowable and lawful usage of University facilities is appropriately limited through a clearly enunciated and communicated University Site Use Policy, reinforcing the powers to exclude and control which are granted by the Griffith University Act 1998.

Head, Legal Services

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Transport Operations (Marine Safety) Act 1994

(Queensland)

An Act that provides a system by which to regulate the maritime industry to ensure marine safety.

The University is required to follow the general safety obligations as outlined in the Act to ensure the seaworthiness and other aspects of marine safety are complied with.

Griffith Sciences is responsible for all aspects of management of the University’s marine vessels.

PVC (Sciences)

Transport Operations (Road Use Management) Act 1995

(Queensland)

Requires the University to ensure its fleet vehicles are correctly registered and maintained to the standard required.

Finance is responsible for all aspects of management of the University’s fleet of vehicles.

Chief Financial Officer

Vegetation Management Act 1999

(Queensland)

An Act to conserve remnant vegetation and avoid land degradation through inappropriate vegetation clearance.

Campus Life and Legal Services between them have a rigorous understanding of permitting requirements and processes in respect of operational works and clearance permits.

Vice President (Corporate Services)

Director, Campus Life

Waste Reduction and Recycling Act 2011

(Queensland)

This Act encourages the proper use of resources by improving ways of reducing and dealing with waste.

In accordance with the Waste Reduction and Recycling Act, the University has and abides by a waste management strategy.

Director, Campus Life

Water Act 2000

(Queensland)

An Act to implement an environmentally sustainable and comprehensive system of regulation of Queensland Water Resources.

To the extent that the University’s campuses and operations impact on natural watercourses, the University is obliged to obtain licences to interfere with that natural flow.

Director, Campus Life

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G. INFORMATION SYSTEMS

RELEVANT LEGISLATION DESCRIPTION OF LEGISLATION/OBLIGATIONS

GOVERNANCE COMMENTARY RESPONSIBILITY FOR ENSURING COMPLIANCE

Broadcasting Services Act 1992

(Commonwealth)

An Act relating to broadcasting services, data casting services and online services.

As an internet content provider, the University is obliged to ensure its online content meets the guidelines established by the Act. The Information Technology Code of Practice establishes these standards, reinforced by the Web Collection Management Policy (which outlines the compliance roles and responsibilities of various staff members in the delivery of on-line content) and the Griffith University Website Publication Guidelines.

Chief Digital Officer

Director, OMC

Information Privacy Act 2009

(Queensland)

An Act which obliges a range of Queensland Public Sector departments, agencies and corporations to adhere to the Information Privacy Principles in their handling of data.

The University has a comprehensive Privacy Plan and a nominated Privacy Officer and documented procedures for access to and amendment of Personal Information/Complaints and Internal Review Procedures.

The University’s policy in relation to the release of information about staff and students states that personal and confidential information about individual staff members will not be released to persons within or outside the University except in circumstances required by law (e.g. Income Tax group certificates) without that staff member's consent or request.

Vice President (Corporate Services)

Information Standard 2 Resources Planning

(Queensland)

The Information Standard states the mandatory requirements for agencies when establishing and maintaining ICT resources strategic planning, management and resources.

As a statutory body as defined under the Financial Accountability Act 2009, the University must comply with the ICT planning requirements of the Financial and Performance Management Standard 2009, establish an appropriate ICT planning regime and review, monitor and report on the use of ICT within the University.

Chief Digital Officer

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ODS are also responsible for managing the University’s Electronic Infrastructure Capital Plan and the Electronic Infrastructure Recurrent Plan (EICP).

The EICP determines how the University will spend funds on developing its electronic infrastructure.

Information Standard 13 – Procurement and Disposal of ICT Resources Planning

(Queensland)

The Information Standard sets standards for the planned acquisition and disposal of ICT assets, including the use of the Queensland Information Technology Conditions as a standard procurement platform.

As a statutory body as defined under the Financial Accountability Act 2009, the University must comply with the requirements of this Information Standard.

The University has a purchasing policy which is consistent with the Financial and Performance Management Standard 2009 and sets out the broad requirements of the University with respect to all purchasing activities, including ODS purchasing activities. Detailed requirements are set out in the associated Purchasing Procedures in the Financial Management Practice Manual.

The University’s Assets Policy sets out the requirements for the acquisition, control, and disposal of University assets. The policy is consistent with the Financial and Performance Management Standard 2009.

Chief Digital Officer

Chief Financial Officer

Information Standard 18 – Information Security

(Queensland)

The Information Standard sets standards for establishing information security.

As a statutory body as defined under the Financial Accountability Act 2009, the University must comply with the requirements of this Information Standard.

The University’s Information Security Policy sets security standards and obligations for use by all University staff, students and users of the University's information technology resources in order to ensure the provision of reliable and uninterrupted IT services, the integrity and validity of data, disruption recovery and the protection of ICT assets.

Chief Digital Officer

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Information Standard 26 – Information Security

(Queensland)

This Information Standard outlines the minimum requirements for Queensland Government agencies in the creation, implementation, and management of agency internet sites for the delivery of information and services. Agencies must use the internet for the proactive publication and use of government information and explore online options when assessing communication and service delivery strategies.

As a statutory body as defined under the Financial Accountability Act 2009, the University must comply with the requirements of this Information Standard.

The Griffith University Content Management System (CMS) on the core web site (www.griffith.edu.au) is a combination of information structures, styles, standards, templates, roles and responsibilities, metadata requirements, and technologies that support content versioning, presentation, accessibility, and overall quality to the level required of the Griffith University Web Collection Policy. Strategic management of the Web Collection has been assigned to the Web Services Advisory Committee chaired by the Chief Digital Officer. The Committee ensures that appropriate management strategies, processes, and guidelines exist for the management of the University's Web Collection in accordance with Information Standard 26.

Chief Digital Officer

Information Standard 34 – Metadata

(Queensland)

This Information Standard provides the minimum requirements for the management of metadata, Government information and information assets. In particular, Agencies must adopt metadata schemes for information assets (including datasets, records and web based information and web services) which are interoperable with the Australian Standard 5044 AGLS Metadata Element Set and must also implement effective planning and management practices to ensure the implementation and review of agency metadata remains consistent with agency, client and whole-of-Government requirements.

As a statutory body as defined under the Financial Accountability Act 2009, the University must comply with the requirements of this Information Standard.

Chief Digital Officer

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Information Standard 40 – Record Keeping

(Queensland)

Public authorities are required to make 'full and accurate records' of their activities in accordance with the Public Records Act 2002 (the Act). This Information Standard, managed and administered by Queensland State Archives, helps public authorities meet their recordkeeping obligations under the Act.

Public authorities must ensure that their recordkeeping systems, including policies, procedures and business systems that hold records, comply with legal, administrative, cultural and business recordkeeping requirements. This will assist in ensuring that full and accurate records of Government business activities are adequately documented, preserved and made accessible. There are seven mandatory principles in this Information Standard which are:

Principle 1: Public authority recordkeeping must be compliant and accountable Principle 2: Recordkeeping must be monitored and audited for compliance Principle 3: Recordkeeping activity must be assigned and implemented Principle 4:Recordkeeping must be managed Principle 5:Recordkeeping systems must be reliable and secure Principle 6: Recordkeeping must be

As a statutory body as defined under the Financial Accountability Act 2009, the University must comply with the requirements of this Information Standard.

The University has a Records Management Policy providing a University-wide framework for the creation, systematic capture, registration, classification, use, storage, disposal and retention of University records in accordance with the legislative requirements, standards and best practices which are applicable to the business activities of the University

Corporate Records and Digitisation Services (CRDS), within ODS has primary responsibility for the implementation of the legislative requirements and of AS ISO15489 Australian Standard: CRDS is also responsible for training users on records management and records systems operations as they affect individuals and are responsible for the maintenance of high quality records management systems for the management of general files - the administrative and policy records that are created, received or maintained by University employees and affiliated organisations in carrying out its functions, processes, activities and transactions; staff files; student files and scanning of student records; committee records; and University archives of the above records.

Chief Digital Officer

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systematic and comprehensive Principle 7: Full and accurate records must be made and kept for as long as they are required for business, legislative, accountability and cultural purposes.

Information Standard 44 – Information Asset Custodianship

(Queensland)

This Information Standard imposes the principles which need to be applied in implementing custodianship processes for information assets across Queensland Government agencies.

As a statutory body as defined under the Financial Accountability Act 2009, the University must comply with the requirements of this Information Standard.

The University’s Assets Policy sets out the requirements for the acquisition, control, and disposal of University assets. The Policy is consistent with the Financial and Performance Management Standard 2009.

Vice President (Corporate Services)

Chief Financial Officer

Privacy Amendment (Notifiable Data Breaches) Act 2017

The Data Breach Act establishes a notifiable data breach scheme, requiring the University, as covered by the Privacy Act 1988 in relation to particular classes of student data, to notify individuals likely to be at risk of serious harm by a data breach as and when they occur and to report breaches to The Office of the Australian Information Commissioner (OAIC)

The University has information management procedures in place to identify and manage incidents of data breach. The University’s procedures to manage, monitor and report on significant data breaches are being continuously reviewed and improved. The University is in the process of enhancing its information security management processes in a formalised Information Security Management Framework. This framework will address certain components of the Act, and the operational security activities ensure the requirements of the Act to monitor and assess data breaches are occurring as part of business as usual activities.

Chief Digital Officer

Public Records Act 2002 and Information Standard 31 Retention and Disposal of Public Records

The Public Records Act 2002 (the Act) prohibits the disposal of public records without the permission of the State Archivist. The primary purpose of this Information Standard, which is

The University has a Records Management Policy providing a University-wide framework for the creation, systematic capture, registration, classification, use, storage, disposal and retention of University records in accordance with the

Chief Digital Officer

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(Queensland) managed and administered by Queensland State Archives, is to help public authorities meet their recordkeeping obligations under the Act.

The principles in this Information Standard are underpinned by the principles of sound recordkeeping as outlined in Information Standard 40: Recordkeeping and applies to records in all formats, including technology-dependent records.

legislative requirements, standards and best practices which are applicable to the business activities of the University.

The University's Disposal and Retention Schedule established under the University’s Record Management Policy, utilises the University’s Business Classification Scheme to ensure that the appropriate records are captured into the record keeping system and retained for as long as those records have value. Temporary value records, those which have a limited active phase, will be destroyed at the conclusion of that phase in accordance with Disposal Authorities issued by the Queensland State Archives. Records of enduring or archival value, deemed to have administrative, legal, fiscal, research or historic value, will be retained for a longer term, or permanently in accordance with the relevant disposal and retention authorities.

CRDS is also responsible for consulting with Queensland State Archives to assess the value of the records held by the University and for setting appropriate retention periods for those records.

Right to Information Act 2009 (Queensland)

The Right to Information Act (Qld) 2009 requires documents held by government to be made available to the community. It also establishes a shift to a “push” model for the release of information to achieve open and accountable government while embedding a right to information in the administrative practices and organisational culture of the public service.

The University’s right to information application processes and pricing are clearly documented on its website.

The Vice President (Corporate Services) is responsible for the University’s Right to Information and Privacy Act processes and is supported by Legal Services in discharging these responsibilities.

Griffith releases information in conformity with the requirements of the Act under the headings: Our Services; Our Finances; Our Priorities; Our Decisions; Our Policies and Our Lists.

Vice President (Corporate Services)

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Spam Act 2003

(Commonwealth)

This Act sets up a scheme for regulating commercial email and other types of commercial electronic messages

As a defined educational institution, the University is exempt from the application of the Act in its communications with alumni. Otherwise, the University must comply with the Act. The Information Technology Code of Practice prohibits use of the University’s-information systems for spamming.

Chief Digital Officer

Telecommunications Act 1997

(Commonwealth)

An Act to regulate the use and provision of telecommunication systems throughout the Commonwealth.

The University is a content service provider under the Act which means the University is subject to a dispute resolution process under the Act. Otherwise, complaints about the University’s internet content are determined by the Australian Communications and Media Authority under the Broadcasting Services Act 1992, which provides a mean for addressing complaints about internet content.

Chief Digital Officer

Telecommunications (Interception and Access)Amendment (Data Retention) Act 2015

(Commonwealth)

The Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 requires Australian telecommunications providers to collect and retain a defined set of telecommunications data (‘metadata’) for two years. Metadata is information about the circumstances of a communication (the who, when and where)—not the content or substance of a communication (the what). The Act contains a number of exceptions, such as services supplied only to a provider’s “immediate circle” and services only supplied to the “same area” (each of these concepts is defined in detail in the Telecommunications Act 1997). The Office of the Communications Access Co-ordinator, National Security Division within the Federal Attorney-General's

The University requested a number of variations/exemptions from data retention obligations which the Communications Access Coordinator have agreed to but with certain conditions.

As part of its ongoing compliance responsibilities under this Act, Griffith has two key activities:

a) Maintain integrity of captured log data and retain in encrypted format for two years;

b) In future, if a new service is implemented and involves provision of telecom services, it must be reviewed in line with the data retention obligations.

The University has implemented a Risk and Compliance: Metadata Retention Compliance Service Support Plan to manage the requirements of this Act.

Chief Digital Officer

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Department are overseeing the compliance to this Act.