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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  • Damage by Aircraft Act 1999 (Cth) - Level 4The main object of this Act is to facilitate the recovery of damages for certain injury, loss, damage or destruction caused by aircraft, or by people, animals or things that are dropped, or that fall, from aircraft that are in flight.
  • Dangerous Goods (Road and Rail Transport) Act 2008 (NSW) - Level 3The purpose of this Act is to regulate the transport of dangerous goods by road and rail in order to promote public safety and protect property and the environment.
    This Act regulates the transport of flammable, toxic, corrosive and other substances such as petrol, acetylene, liquefied petroleum gas, chlorine, arsenic and acids. These goods, due to their physical, chemical and toxicological properties, pose a significant risk to human life, health, property and the environment, especially while being transported.
  • Data Availability and Transparency Act 2022 (Cth) - Level 2This Act establishes a data sharing scheme under which Commonwealth bodies are authorised to share their public sector data with accredited users, and accredited users are authorised to collect and use the data, in a controlled way.

    The sharing, collection and use of data must be part of a project that is for one or more of the defined data sharing purposes, and must be done consistently with the data sharing principles and under a registered data sharing agreement that meets the requirements of this Act. Privacy protections apply to the sharing of personal information.

    Data may be shared directly with an accredited user, or through an intermediary accredited for the purpose (called an ADSP, short for accredited data service provider).

    The National Data Commissioner is the regulator of the data sharing scheme and also has the function of providing education and support in relation to handling public sector data.

    The Commissioner’s regulatory functions include accrediting ADSPs and users other than Commonwealth, State and Territory bodies. The Minister has the function of accrediting such bodies as users.

    The Commissioner also has functions relating to handling complaints and powers to require information and to assess, monitor and investigate data scheme entities.

    Data scheme entities have responsibilities under the Act. A range of enforcement options are available to the Commissioner.

    This Act mainly relies for its constitutional basis on the matters set out in subsection 13(4) (constitutional requirements for authorisation for data custodian to share public sector data) (but see also subsections 42(2) and 61(2)).
  • Data Sharing (Government Sector) Act 2015 (NSW) - Level 4An Act with respect to the sharing of government sector data with a government data analytics centre (DAC) and between other government sector agencies and to the privacy and other safeguards that apply to the sharing of that data. The University is a government sector agency for the purposes of this Act.

    Under section 7 (6) the Minister cannot give directions for data sharing with DAC to the University.
  • Defamation Act 2005 (NSW) - Level 5An Act to enact in New South Wales provisions to promote uniform laws of defamation in Australia; to repeal the Defamation Act 1974 ; to amend the Crimes Act 1900 in relation to criminal defamation; to amend the Limitation Act 1969 in relation to the limitation period for defamation actions; and for other purposes.
  • Defence Reserve Service (Protection) Act 2001 (Cth) - Level 4An Act to protect members of the Reserves in their employment and education, to facilitate their return to civilian life, and for related purposes.

    The Act states, as a minimum, an employer must:
    - not discriminate against an employee because they are, were or are going to be a Reserve member of the Australian Defence Force (ADF)
    - not compel or coerce a Reserve member to use annual / long service or any other form of accrued leave to render Defence Reserve service
    - not prevent or hinder, in any way, an employee from rendering Defence Reserve service
    - re-employ a Reservist after they return from Defence Reserve service
    - treat the employee as on leave without pay during call-out and protected voluntary Continuous Full Time Service (CFTS).

    As the Act states, while an employee is absent from the workplace to render Defence Reserve service, an employer is not obliged to:
    - pay civilian employment remuneration
    - grant civilian employment entitlements
    - meet their worker's compensation law obligations to pay premiums, contributions or similar payments
    - meet their obligations under the Superannuation guarantee (Administration) Act 1992.
  • Defence Trade Controls Act 2012 (Cth) - Level 3An Act to regulate dealings in certain goods, services and technologies and for related purposes. The Act tightens Australia's export restrictions to cover intangible transfers of technology, such as software and electronic files, and services relating to defence and dual-use technologies. Dual-use technologies are those goods which have been developed to meet commercial needs, but may be used as military components or in the development of military systems. These goods are listed in the Defence and Strategic Goods List (DSGL). The DSGL covers ten areas:
    * Nuclear Materials.
    * Materials, Chemicals, Microorganisms and Toxins.
    * Materials Processing.
    * Electronics.
    * Computers.
    * Telecommunications and Information Security.
    * Sensors and Lasers.
    * Navigation and Avionics.
    * Marine.
    * Aerospace and Propulsion.
    when communicating research or engaging in the transfer of technology, organisations will need to be mindful of whether the technology comes within the DSGL, whether there is a supply outside Australia or a proposed publication of the technology, and whether there is any exemption.
  • Defence Trade Controls Regulation 2013 (Cth) - Level 3Regulations made under the Defence Trade Controls Act 2012
  • Designs Act 2003 (Cth) - Level 4This Act prescribes the law regarding registered designs. It provides a range of features and benefits to register and protect a design (based on overall appearance of a product resulting from one or more visual features of the product).
  • Disability Discrimination Act 1992 (Cth) - Level 1This Act attempts to eliminate as far as possible discrimination against persons on the ground of disability and to ensure that persons with disabilities have the same rights to equality before the law as the rest of the community.Under the Act, the University is obligated to ensure that it does not discriminate against students, prospective students and employees and prospective employees on the basis of a disability. The University has obligations under the Act in its capacity as:- (i) a provider of education; (ii) a provider of accommodation; (iii) an employer.Under the Act, the University is also responsible to ensure that all employees, external contractors and students are made aware of what constitutes acceptable standards of behaviour within the University.
  • Disability Discrimination Regulations 2019 (Cth) - Level 1The Disability Discrimination Regulations 2019 are made under the Disability Discrimination Act 1992. The regulations outline exemptions from prohibition of disability discrimination in terms of compliance with some specified prescribed laws and in combat, or combat related duties.
  • Disability Inclusion Regulation 2023 (NSW) - Level 3
  • Disability Standards for Education 2005 (Cth) - Level 1The objects of these Standards are:
    (a) to eliminate, as far as possible, discrimination against persons on the ground of disability in the area of education and training; and
    (b) to ensure, as far as practicable, that persons with disabilities have the same rights to equality before the law in the area of education and training as the rest of the community; and
    (c) to promote recognition and acceptance within the community of the principle that persons with disabilities have the same fundamental rights as the rest of the community.
  • Do Not Call Register Act 2006 (Cth) - Level 4The DNCR Act prohibits the making of telemarketing calls to personal telephone numbers listed on the Do Not Call Register. There are a limited number of exemptions to the DNCR Act specified in legislation, including an exemption for telemarketing calls made or authorised by registered charities.

    However, all telemarketersâ€"including registered charities and other exempt organisations under the DNCR Actâ€"are bound by the Telemarketing Standard.

    All organisations, including charities, are required to discontinue contacting consumers that have requested that direct marketing stop.
  • Drug Misuse and Trafficking Act 1985 (NSW) - Level 4An Act to prohibit the manufacture, supply, possession and use of certain drugs, and for related purposes.
  • Duties Act 1997 (NSW) - Level 5An Act to create and charge a number of duties. The University is exempt from Duty under the University of New England Act 1983, s22A Stamp duty exemption
    (1) Unless the Treasurer otherwise directs in a particular case, neither the University nor the Council is liable to duty under the Duties Act 1997, in respect of anything done by the University or Council for the purposes of the borrowing of money or the investment of funds of the University under this Act.
    (2) The Treasurer may direct in writing that any other specified person is not liable to duty under the Duties Act 1997 in respect of anything done for the purposes of the borrowing of money or the investment of funds of the University under this Act, and the direction has effect accordingly.