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.
- Care and Protection of Children (Screening) Regulations (NT) - Level 2Regulations made under the Care and Protection of Children Act 2007.
- Care and Protection of Children Act 2007 (NT) - Level 2Ac Act about the care and protection of children.
- Census and Statistics Act 1905 (Cth) - Level 3The Census and Statistics Act 1905 (CSA) provides the Australian Statistician with the authority to conduct statistical collections, and, when necessary, to direct a person to provide statistical information. The CSA requires the ABS to publish and disseminate compilations and analyses of statistical information and to maintain the confidentiality of information collected under the Act. Sections 14 and 15 require the University to answer questions and provide accurate information.
- Charitable Fundraising Act 1991 (NSW) - Level 2Under the Act an organisation wishing to raise money for charitable purposes or a fundraising appeal must hold an authority to fundraise. The objects of the Act, 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; to prevent deception of members of the public who desire to support worthy causes. The definition of a 'charitable purpose' is based on the common law definition of a charitable purpose (i.e. four 'heads of charity'). (i) Assistance to the aged, the sick and infirm, (ii) Relief of poverty, (iii) Advancement of education, (iv) Advancement of religion.
- Charitable Fundraising Regulation 2015 (NSW) - Level 3Regulations made under the Charitable Fundraising Act 1991.
- 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.
- Charities Act 2013 (Cth) - Level 3An Act to define charity and charitable purpose.
- Charter of the United Nations Act 1945 (Cth) - Level 2An Act to approve the Charter of the United Nations, to reaffirm fundamental human rights, and to enable Australia to apply sanctions giving effect to certain decisions of the Security Council. Applies to the University in terms of equal opportunity/ anti-discrimination obligations.
- 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 Care Act 1972 (Cth) - Level 3An Act to provide for assistance by the Commonwealth in respect of places where children all or the majority of whom are under school age may be cared for, in respect of the development of such places and in respect of research in connection with the care of children, and for related purposes.
- Child Protection (Working with Children) Act 2012 (NSW) - Level 2An Act with respect to checks and clearances for the purposes of working with children; and for other purposes. In accordance with the Act, the safety, welfare and well-being of children and, in particular protecting them from child abuse, is the paramount consideration in the operation of this policy and the Working with Children Check Procedures.
- Child Protection (Working with Children) Regulation 2013 (NSW) - Level 2A regulation made under the Child Protection (Working with Children) Act 2012
- 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.
- Children (Education and Care Services National Law Application) Act 2010 (NSW) - Level 3An Act to apply as a law of this State a national law (being the Children (Education and Care Services) National Law (NSW)) relating to the regulation of education and care services for children.
- Children (Education and Care Services) National Law (NSW) - Level 3The objective of this Law is to establish a national education and care services quality framework for the delivery of education and care services to children.
The purpose of the national education and care services quality framework is to:
(a) ensure the safety, health and wellbeing of children attending education and care services;
(b) improve the educational and developmental outcomes for children attending education and care services;
(c) promote continuous improvement in the provision of quality education and care services;
(d) establish a system of national integration and shared responsibility between participating jurisdictions and the Commonwealth in the administration of the national education and care services quality framework;
(e) improve public knowledge, and access to information, about the quality of education and care services;
(f) reduce the regulatory and administrative burden for education and care services by enabling information to be shared between participating jurisdictions and the Commonwealth.
- Children and Young Persons (Care and Protection) Act 1998 (NSW) - Level 2An Act to provide for the care and protection of, and the provision of services to, children and young persons; and for other purposes.
- Children's Guardian Act 2019 (NSW) - Level 2The main object of this Act is to protect children by providing for the role and functions of the office of the Childrenâ€™s Guardian, includingâ€"
(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.
The scheme monitors how certain organisations (â€~relevant entitiesâ€™) 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.
- Children's Protection Act 1993 (SA) - Level 1The objects of this Act are to:
(a) ensure that all children are safe from harm; and
(b) ensure as far as practicable that all children are cared for in a way that allows them to reach their full potential; and
(c) promote caring attitudes and responses towards children among all sections of the community so that the need for appropriate nurture, care and protection (including protection of the child's cultural identity) is understood, risks to a child's wellbeing are quickly identified, and any necessary support, protection or care is promptly provided; and
(d) recognise the family as the primary means of providing for the nurture, care and protection of children and to accord a high priority to supporting and assisting the family to carry out its responsibilities to children.
- Children's Protection Regulations 2010 (SA) - Level 1Regulations made under the Child Protection Act 1993.
- Circuit Layouts Act 1989 (Cth) - Level 2This Act provides for the protection of certain layouts for integrated circuits. Circuit layouts are the layout designs or plans (topographies) of integrated circuits used in computer-generated equipment. They are sometimes referred to as computer chip or semi-conductor chip designs. Circuit layouts are usually highly complex and the intellectual effort in creating them is considerable and may be of great value. An integrated circuit or chip made from a layout is vital in all kinds of electronic devices, from pacemakers to personal computers.
Circuit layout rights automatically protect original layout designs for integrated circuits and computer chips - the owner of a layout design is not required to register it to be granted rights. While these rights are based on copyright law principles, they are a separate, unique form of protection.
The owner of an original circuit layout has the exclusive right to:
- copy the layout in a material form
- make integrated circuits from the layout
- exploit it commercially in Australia.
- 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.
- Civil Aviation Regulations 1988 (Cth) - Level 4These Regulations are made under the Civil Aviation Act 1988
- 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.
- Commons Management Act 1989 (NSW) - Level 5An Act to provide for the establishment of trusts in relation to commons and the election of trust boards, and in certain cases the appointment of local authorities or administrators, to manage the affairs of those trusts; to provide for the care, control and management of commons; and to provide for related matters.
- 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.
- Commonwealth Grant Scheme Guidelines 2012 (Cth) - Level 1Through the Commonwealth Grant Scheme (CGS), the Australian Government subsidises tuition costs for higher education students across a wide range of discipline areas and qualification levels. Since the beginning of 2012, public universities have been able to decide how many domestic students they enrol in bachelor level courses (excluding medicine) and receive funding for these 'Commonwealth supported places' (CSPs). This arrangement is known as the 'demand driven funding system'.
For 'designated' courses of study (non-research postgraduate courses, medicine courses, enabling courses and courses of study leading to a diploma, advanced diploma or associate degree), the Government provides funding to public universities for an agreed number of CSPs in a given year.
Each higher education provider that receives CGS funding has entered into a funding agreement with the Commonwealth.
- Commonwealth Scholarships Guidelines (Research) 2017 (Cth) - Level 1The purpose of these Guidelines is to provide for Commonwealth scholarships under section 46-20 of the Higher Education Support Act 2003 (the Act).
- Competition and Consumer Act 2010 (Cth) - Level 1The object of this Act is to enhance the welfare of Australians through the promotion of competition and fair trading and provision for consumer protection. The Act provides for protection of consumers and prevents some restrictive trade practices of companies. It is the key competition law in Australia. It is administered by the Australian Competition and Consumer Commission (ACCC). The Act applies to all commercial activities of the University, this includes: (1) the University's dealings with suppliers, competitors, research partners, students and users of University services and premises. (2) the provision and promotion of courses and services and fees in Australia and overseas, and international programs offered by the University.
As an employee of the University, you are required to be familiar with the CCA.
- Consumer Claims Act 1998 (NSW) - Level 4An Act to provide certain remedies to consumers concerning the supply of goods and services; and for other purposes.
- Contaminated Land Management Act 1997 (NSW) - Level 2An Act to promote the better management of contaminated land. The Act 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.5 It includes land where contamination has migrated onto it from another site.
- Contractors Debts Act 1997 (NSW) - Level 5An Act to provide for the recovery of debts owed to persons for work carried out or materials supplied
- 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.
- Conveyancing Act 1919 (NSW) - Level 5An Act to amend and consolidate the law of Property and to simplify and improve the practice of conveyancing.
- Copyright Act 1879 (NSW) - Level 5An Act to secure to Proprietors of Works of Literature and Fine Art and to Proprietors of Designs for Articles and Works of Manufacture and Art the Copyright of such Works and Designs for a limited period.
- Copyright Act 1968 (Cth) - Level 1The Copyright Act 1968 establishes copyright as a type of legal protection for people who express ideas and information in certain forms. The most common forms are writing, visual images, music and moving images.Copyright protects the form or way an idea or information is expressed, not the idea or information itself. There is no system of registration for copyright protection in Australia, as copyright protection is free and automatic. A work is protected automatically from the time it is first written down or recorded in some way, provided it has resulted from its creator's skill and effort and is not simply copied from another work.Copyright protections are protected in most other countries and copyright works from most other countries are protected in Australia.Certain educational institutions and institutions assisting people with a visual or intellectual disability may make multiple copies of works for educational or other specified purposes, or may make special versions of works under statutory licences. Such statutory licences give the copyright owner a right to be paid equitable remuneration through an approved collecting society. Copying may also be done without infringement of copyright when done by libraries and archives for students.
- Copyright Regulations 1969 (Cth) - Level 1Regulations made under the Copyright Act 1968.
- Corporations (New South Wales) Act 1990 (NSW) - Level 3An Act to apply certain provisions of laws of the Commonwealth relating to corporations, the securities industry and the futures industry as laws of New South Wales and for other purposes.
- Corporations Act 2001 (Cth) - Level 3The 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.
- 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.
- Crimes (Taxation Offences) Act 1980 (Cth) - Level 2An Act relating to certain offences in relation to taxation. This is relevant to the University and its controlled entities in relation to FBT and GST.
- Crimes Act 1900 (NSW) - Level 2An Act to consolidate the statutes relating to criminal law. Many crimes are dealt with in this legislation:- e.g. fraud, forgery, computer crime, larceny, murder, manslaughter, crimes against property, money laundering etc. Specific application to the University is of an indirect nature - where crime committed by individuals on University property or by a University employee. Where the University becomes aware of the commission of a crime, appropriate reporting to relevant authority must take place to ensure no aiding / abetting in commission of the crime.
- Crimes Act 1914 (Cth) - Level 2An Act relating to offences against the Commonwealth.
- Criminal Code Act 1995 (Cth) - Level 2An Act relating to the criminal law.
- Criminology Research Act 1971 (Cth) - Level 3An Act to make provision for and in relation to the Promotion of Research in connexion with Criminology.
- Cross-Border Insolvency Act 2008 (Cth) - Level 5An Act to give effect to the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law, and for related purposes. The purpose of the Model Law is to provide mechanisms to ensure that objectives such as cooperation between foreign courts, increased legal certainty for trade and investment and fair and efficient administration of cross-border insolvencies, are achieved in the conduct of cross-border insolvencies.
- Customs (Prohibited Exports) Regulations 1958 (Cth) - Level 3Regulations made under the Customs Act 1901
- Customs Act 1901 (Cth) - Level 2An Act to amend the law relating to Duties of Customs.
- Customs Tariff Act 1995 (Cth) - Level 2An Act to impose duties of Customs, to repeal the Customs Tariff Act 1987, and for related purposes.
- 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.