UNE Compliance Register

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• Charitable Fundraising Act 1991 (NSW) - Level 2The objects of the Charitable Fundraising Act 1991 are:
  
  - to promote proper and efficient management and administration of fundraising appeals for charitable purposes;
  - to ensure proper keeping and auditing of accounts in connection with such appeals; and
  - to prevent deception of members of the public who desire to support worthy causes.
  
  Under the Charitable Fundraising Act 1991 a person or organisation wishing to raise money for charitable purposes â€" a fundraising appeal â€" must hold an authority to fundraise.
• Child Protection (Working with Children) Act 2012 (NSW) - Level 2The paramount aim of child protection legislation is the safety, welfare and well-being of children (persons under the age of 18 years) and, in particular, protecting them from child abuse.
  
  As an employer engaged in child-related work, and as a higher education provider involved in student education, welfare and workplace placements, the University is subject to child protection legislation. The object of the legislation is to protect children:
  (a) by not permitting certain persons to engage in child-related work, and
  (b) by requiring persons engaged in child-related work to have working with children check clearances.
• Children's Guardian Act 2019 (NSW) - Level 2The scheme monitors how certain organisations ('relevant entities') investigate and report on types of conduct ('reportable allegations' or 'reportable convictions') made against their employees, volunteers or certain contractors who provide services to children. The scheme will also cover religious bodies, in response to recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse.
  
  When the head of a 'relevant entity' becomes aware of a reportable allegation or a reportable conviction, the head of that entity must notify the Office of the Children's Guardian within seven business days and conduct an investigation into the allegations. If the final entity report is not ready to submit within 30 calendar days, the head must provide an interim report with information about the progress of the investigation and an expected timeframe for completion.
  
  The main object of this Act is to protect children by providing for the role and functions of the Office of the Children's Guardian, including -
  (a) promoting the quality of organisations and persons providing services to children; and
  (b) regulating those organisations and persons in providing those services.
  
  The safety, welfare and wellbeing of children, including protecting children from child abuse, is the paramount consideration in decision-making under this Act and the regulations and in the operation of this Act and the regulations generally.
  
  UNE is a 'relevant entity' and should have procedures relating to child protection, should ensure processes for reporting incidents are well known, must respond to any incidents or allegations via notice to the Children's Guardian and then an interim or full report within relevant timeframes, and must cooperate with requests or recommendations from the Children's Guardian.
• Contaminated Land Management Act 1997 (NSW) - Level 2The Act promotes the better management of contaminated land, and establishes a process for the EPA to identify, investigate and (where appropriate) order the remediation of land if the EPA considers the land to be significantly contaminated. "Contaminated land" is legally defined as land where a substance is present at a concentration higher than is normally found on land in the same area, where that substance presents a risk of harm to human health or the environment. It includes land where contamination has migrated onto it from another site. As the owner of existing land holdings and possible future land acquisitions, the University is exposed to possible investigation and remediation orders.
  
  Local councils deal with contamination that does not pose an unacceptable risk under the current or approved use of the land, through their planning and development framework.
• Corporations Act 2001 (Cth) - Level 2The Corporations Act 2001 (Cth) is the principal legislation regulating business entities (primarily companies) in Australia. It regulates matters such as the formation and operation of companies (in conjunction with a constitution that may be adopted by a company), duties of officers, takeovers and fundraising.
  
  As the Commonwealth has insufficient power (under Section 51(xx) of the Australian Constitution) to legislate in relation to the formation of companies, a co-operative scheme involving a referral of power from the Australian States was created and adopted by all States (for NSW refer to the Corporations (New South Wales) Act 1990 (NSW)). Under the Corporations Agreement between the States and the Commonwealth, all changes to the Act must be referred to the Ministerial Council for Corporations (MINCO) for approval.
  
  The Corporations Act 2001 (Cth) amendments to whistle-blower provisions commenced on 1 July 2019. These provisions expand the protections available to whistle-blowers and the liabilities of board members and senior managers of corporations, including the penalties for breaches. The provisions apply to a regulated entity, which includes corporations to which the Commonwealth constitution applies.
  
  This legislation is relevant for the controlled entities of the University.