Legislation

Directory of Legislation

On this page you will find a list of legislation and legislative instruments applicable to compliance management at UNE.  Clicking on the name will take you to more information, where a link is provided.  This may be an external website or document.

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  • Charitable Trusts Act 1993 (NSW) - Level 4The Charitable Trusts Act has two principal objects:
    (1) The Act codifies and extends the jurisdiction of the Supreme Court of NSW with respect to the management of charitable trusts. The Act also enables the Attorney General to establish schemes for the cy-pres administration of charitable trusts that have failed. (i.e. where the original objective of the charitable trust is no longer possible to fulfil, the Attorney General has the ability to alter the objective to something achievable and as close as possible to the original objective).
    (2) The Act clarifies and makes specific the powers of the Supreme Court to deal with misconduct or mismanagement in the administration of a charity, and gives the court power to remove a person associated with a charity and to freeze the funds of a charity.
  • Chemical Weapons (Prohibition) Act 1994 (Cth) - Level 4An Act relating to the prohibition of the development, production, stockpiling or use of chemical weapons and the control of certain chemicals capable of being used as chemical weapons, and related provisions.
  • Cheques Act 1986 (Cth) - Level 4This Act governs the issuance of cheques and payment orders.
  • Child Support (Assessment) Act 1989 (Cth) - Level 4An Act to make provision for determining the financial support payable by parents for their children, and for other purposes.
  • Child Support (Registration and Collection) Act 1988 (Cth) - Level 4An Act to make provision for the collection of certain periodic maintenance payments. Under the Act, the University is required to make deductions on behalf of any persons liable to pay child support it employs, in order to facilitate the payment of child support. The Child Support Registrar keeps records of persons liable to pay child support and the amounts of child support liabilities.
    Under the Act, the Child Support Registrar must notify the employer and employee where periodic deductions by the employer from the employee salary or wages are required for collection of child support payments. Where the University receives such notification, the University must comply with the notice and also provide payments to the Registrar in respect of amounts collected under the notice within the time period as prescribed by the Act. Further, where no collection made or employee cessation of employment, the University must notify the Registrar of such matters within the time period as prescribed by the Act. The University must keep a written record of these deductions for a period of seven years.
  • Civil and Administrative Tribunal Act 2013 (NSW) - Level 4An Act to establish the Civil and Administrative Tribunal of New South Wales (NCAT) to make decisons and review decisions made by certain persons and bodies. For example, Australian Consumer Law (NSW); Ombudsman Act 1974; Privacy and Personal Information Protection Act 1998; Anti-Discrimination Act 1977; Government Information (Public Access) Act 2009.
  • Civil Aviation Act 1988 (Cth) - Level 4An Act to establish a Civil Aviation Safety Authority with functions relating to civil aviation, in particular the safety of civil aviation, and for related purposes.

    The main object of this Act is to establish a regulatory framework for maintaining, enhancing and promoting the safety of civil aviation, with particular emphasis on preventing aviation accidents and incidents.
  • Civil Aviation Regulations 1988 (Cth) - Level 4These Regulations are made under the Civil Aviation Act 1988
  • Civil Aviation Safety Regulations 1998 (Cth) - Level 4The Regulations contain provisions based on the FARs (Federal Aviation Regulations (Federal Aviation Administration of the USA)), and an object of the Regulations is to harmonise certain parts of Australia's aviation safety law with the FARs.
  • Civil Liability Act 2002 (NSW) - Level 4An Act to make provision in relation to the recovery of damages for death or personal injury caused by the fault of a person.

    The Act establishes the principle of negligence in pursuit of civil claims - the requirement for 'harm' to have occurred and that negligence deemed necessary factor in the causation of harm; and the principle of reasonable risk assessment (ie: risk of injury foreseeable; risk not insignificant; and reasonable person would have taken precautions) in the determination of negligence. Responsibility / liability must also be reasonably deemed to belong to the negligent party. The Act further establishes the meaning of 'obvious risks' and 'inherent risks' and the duty of care and liability in relationship to such risks and deals with 'contributory negligence'. The Act provides for the assessment of Personal Injury Damages; other provisions cover mental harm; proportionate liability; liability of corporations and public authorities.
  • Classification (Publications, Film and Computer Games) Act 1995 (Cth) - Level 4This Act implements the national classification scheme for films, publications and computer games which is complemented by
    state and territory enforcement legislation. Online content is regulated by the Commonwealth's Broadcasting Services Act 1992.

    The cooperative classification scheme is made possible by an Intergovernmental Agreement on Censorship made between the
    Commonwealth and all states and territories. This agreement states that certain changes to the scheme must be considered
    and agreed to by ministers with responsibility for classification matters.

    The Act is supplemented by a number of regulations, determinations and legislative instruments which include:
    - National Classification Code
    - Classification guidelines for Films
    - Classification guidelines for Computer Games
    - Classification guidelines for Publications
    - Classification (Publications, Films and Computer Games) (Markings and Consumer Advice) Determination 2014
    - Classification (Advertising of Unclassified Films and Computer Games) Determination 2009.
  • Classification (Publications, Film and Computer Games) Enforcement Act 1995 (NSW) - Level 4Under the National Classification Scheme, states and territories are responsible for the enforcement of classification decisions. This Act is the NSW classification enforcement legislation, complementing the Commonwealth's Classification (Publications, Films and Computer Games) Act 1995. The enforcement legislation sets out how films, publications and computer games can be sold, hired, exhibited and advertised.
  • Commonwealth Electoral Act 1918 (Cth) - Level 4This Act is of relevance to the University as the Commonwealth Electoral Act 1918 provides that, on request and payment of a fee, electoral data may be released for medical research in accordance with national privacy guidelines.The Australian Electoral Commission (AEC) relies on the Federal Privacy Commissioner's definition of medical research when making decisions regarding the disclosure of elector information.

  • Contracts Review Act 1980 (NSW) - Level 4An Act with respect to the judicial review of certain contracts and the grant of relief in respect of harsh, oppressive, unconscionable or unjust contracts.
  • Credit (Commonwealth Powers) Act 2010 (NSW) - Level 4An Act to adopt the National Consumer Credit Protection Act 2009 of the Commonwealth and the National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009 of the Commonwealth and to refer certain matters relating to the provision of credit and certain other financial transactions to the Parliament of the Commonwealth and for other purposes. This act has relevance for the University in its dealings in offering student loans.
  • Cybercrime Act 2001 (Cth) - Level 4The object of this Act is to address the increasing problems emerging from online business in the area of IT security. Activities such as hacking, spreading of computer vriuses and website interference are now criminal offences as this legislation adds a new part to the Commonwealth Criminal Code; amends the Crimes Act and other associated legislation.
    The Act creates three major and four less serious computer offences. Major offences include:- 1. Unauthorised access, modification or impairment with the intent to commit a serious offence. 2. Unauthorised modification of data with recklessness as to the results of this modification. 3. Unauthorised impairment of electronic communications.
    Less serious offences - (i) Unauthorised access or modification of restricted data; (ii) unauthorised impairment of data held on computer disk; (iii) Possession or control of data with intent to commit computer offence (iv) producing, supplying, controlling data with intent to commit computer offence.
    Specific application to the University of an indirect nature - where crime committed by individuals on University property or by University employee. Where the University becomes aware of commission of a crime, appropriate reporting to relevant authority must take place to ensure no aiding / abetting in commission of crime.