UNE Compliance Register
This Register lists the compliance drivers (Commonwealth, NSW and international laws and other statutory instruments, and industry, community and ethical standards and codes) that impact on University activities and operations, to the extent that the University has some obligation of compliance or accountability.
The currently documented drivers are listed below in alpha-order by title. Click on the title to access a detailed overview. You can also search the register to find all of the compliance drivers and obligations relevant to your activities and the people who can help with your compliance responsibilities.
Note: the Register is being continually enhanced, with drivers and obligations added and amended as required.
- Age Discrimination Act 2004 (Cth) - Level 1The Act helps to ensure that people are not treated less favourably on the ground of age in various areas of public life including employment, provision of goods and services, education, accommodation and administration of Commonwealth laws and programs. The Act also provides for positive discrimination - that is, actions which assist people of a particular age who experience a disadvantage because of their age. It also provides for exemptions in superannuation, migration, taxation and social security laws, state laws and other Commonwealth laws and some health programs.
The Age Discrimination Act 2004 (ADA) applies throughout Australia, including all States and Territories, and does not purport to displace or limit the operation of State and Territory laws capable of operating concurrently with it (in the case of NSW the Anti-Discrimination Act 1977 is the applicable State law). The ADA deals with any potential inconsistency between federal and NSW laws by providing that where complainants have a choice as to the jurisdiction, they are required to elect whether to make their complaint under federal or NSW legislation. - Anatomy Act 1977 (NSW) - Level 3An act to regulate the performance of 'anatomical examinations' (does not include post mortem). The use of a body for medical or scientific purposes includes using the body for educational activities for medicine or science. Under the Act a register of persons who have donated parts of their anatomy to the University must be maintained with details as prescribed by the Act. The Act confers powers on the Director General to issue a licence for anatomical examinations; the license, issued to a person or the holder of an office in charge of the conduct of anatomical examinations at the University, provides for conduct of anatomical examinations at specified place per terms and conditions as listed on the license. Each body to be used for anatomical examinations must have a valid authority to be used for that purpose. The Act defines how a valid authority may be established. Further, to enable the lawful conduct of the examination, the act requires the person wishing to conduct the examination to have lawful possession of the body. The Act also regulates the period for which a body may be used for such examinations; and, the conditions surrounding transfer of the body or tissue and disposal of the body.
- Animal Research Act 1985 (NSW) - Level 3The objective of the Animal Research Act 1985 is to protect the welfare of animals used in connection with research by requiring persons or organisations carrying out animal research or supplying animals for research to be authorised under this Act and by regulating the carrying out of animal research and the supply of animals for research by those persons or organisations.
Authorisations under this Act may be granted only for recognised research purposes. Recognised research purposes include purposes involving the use of animals for research, teaching, testing and the production of biological products. - Anti-Discrimination Act 1977 (NSW) - Level 1An Act to render unlawful racial, sex and other types of discrimination in certain circumstances and to promote equality of opportunity between all persons. In NSW there are eight main types of discrimination that are unlawful (in certain areas of public life):
1. Age discrimination
2. Carer's responsibilities discrimination
3. Disability discrimination (including infectious diseases discrimination)
4. Homosexual discrimination
5. Marital or domestic status discrimination
6. Race discrimination
7. Sex discrimination (including pregnancy and breastfeeding discrimination)
8. Transgender discrimination - Australia's Foreign Relations (State and Territory Arrangements) Act 2020 (Cth) - Level 1The objective of the Foreign Arrangements Scheme is to ensure that the Commonwealth Government is able to protect and manage Australia’s foreign relations by ensuring that arrangements between a state, territory, local government or university and a foreign entity do not adversely affect Australia’s foreign relations and are not inconsistent with Australia’s foreign policy.
The Act imposes an ongoing obligation (commencing 10 March 2021) on states, territories, local governments and universities to notify new arrangements (after 10 March 2021) to the Minister. - Australian Charities and Not-for- Profits Commission Act 2012 (Cth) - Level 2This Act sets out the objects and functions of the ACNC, as well as the framework for the registration and regulation of charities.
- Australian Research Council Act 2001 (Cth) - Level 1The Act establishes the Australian Research Council (ARC) which: provides advice to the relevant Minister about research related matters; makes recommendations with regard to financial assistance to research programs; and provides for the funding of research programs. Specifically the ARC manages the National competitive Grants Program (NCGP), and has responsibility for Excellence in Research for Australia (ERA). ERA evaluates the quality of the research undertaken in Australian universities against national and international benchmarks - and hence reporting obligations are imposed on UNE.
- Autonomous Sanctions Act 2011 (Cth) - Level 2Australia has two types of sanctions regimes:
1. The United Nations Security Council (UNSC) sanctions regimes which are primarily implemented under the Charter of the United Nations Act 1945 and its regulations. There is a separate set of regulations for each UNSC sanctions regime.
2. Australian autonomous sanction regimes are primarily carried out under the Autonomous Sanctions Act 2011 and its regulation. These autonomous sanctions regimes are implemented as a matter of foreign policy, and may supplement UNSC sanctions regimes, or be separate from them.
Australian sanction laws apply broadly, including to activities in Australia, and to overseas activities by both Australian citizens and Australian registered bodies corporate.
The legislation is relevant to the University as it targets the provision of services (e.g. technical advice, assistance or training) that the University may provide to students, affiliates or visitors from countries subject to a sanction regime.