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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  • Paid Parental Leave Act 2010 (Cth) - Level 4An Act to provide for the payment of parental leave pay. The paid parental leave (PPL) scheme provides eligible working parents with 18 weeks of Parental Leave Pay at the rate of the National Minimum Wage.
  • Patents Act 1990 (Cth) - Level 4An Act relating to patents of inventions
  • Payroll Tax Act 2007 (NSW) - Level 2An Act to establish the framework for the imposition and collection of Payroll Tax. The Act mandates the payment of payroll tax by the University on the following expenditure items:
    1. Salaries and wages
    2. All untaken recreation leave and long service leave accrued and paid by lump sum upon termination.
    3. Subsistence and Car Allowance payments
    4. Contribution to official overseas travel expenses
    5. Special studies travel grant.
  • Personal Property Securities Act 2009 (Cth) - Level 4An Act relating to personal property securities. It governs taking, registering and enforcing security over all personal propoerty other than land or buildings.
  • Personally Controlled Electronic Health Records Act 2012 (Cth) - Level 5An Act to provide for a system of access to electronic health records, and for related purposes.
  • Pesticides Act 1999 (NSW) - Level 3The Pesticides Act 1999 controls the use of pesticides in New South Wales. The Act aims to reduce the risks associated with the use of pesticides to human health, the environment, property, industry and trade. It also aims to promote collaborative and integrated policies for the use of pesticides. Pesticides must be registered by the Australian Pesticides and Veterinary Medicines Authority (APVMA) before they can be manufactured, supplied, sold or used. Registered pesticides carry an APVMA-approved label that provides users with instructions that are designed to minimise impacts on health, the environment and trade, and which are based on good agricultural practice. The Environment Protection Authority (EPA) enforces the proper use of all pesticides in NSW, after the point of sale. This includes pesticide use in agriculture, on public lands and on domestic and commercial premises.
    The EPA encourages pesticide users to improve their management of pesticides through education programs and by facilitating communication among different stakeholder groups.
  • Pesticides Regulation 2017 (NSW) - Level 3Regulation made under the Pesticides Act 1999.
  • Plant Breeder's Rights Act 1994 (Cth) - Level 4In Australia, intellectual property protection is available for plants and plant material by way of standard patents, trade marks and plant breeder's rights. The Plant Breeder's Rights Act 1994 (Cth) ('the PBR Act') provides a legislative framework for the provision of a temporary monopoly over new plant varieties in order to encourage the development of such.
  • Plantations and Reafforestation Act 1999 (NSW) - Level 4An Act to facilitate the reafforestation of land and the establishment of timber and other forest plantations; to repeal the Timber Plantations (Harvest Guarantee) Act 1995 ; to amend certain other Acts; and for other purposes.
  • Poisons and Therapeutic Goods Act 1966 (NSW) - Level 3An Act relating to the regulation, control and prohibition of the supply and use of poisons, restricted substances, drugs of addiction, certain dangerous drugs and certain therapeutic goods; and to establish a Poisons Advisory Committee. The Act may apply to the University in a variety of capacities including but not limited to the University's research activities, teaching activities, delivery of Health and Veterinary Services and in the Facilities Management storage of chemicals used for landscape management.
    The Poisons List is established by the Act comprising eight schedules which categorise substances according to their classification (e.g. S4, S8). The classification system is based upon managing availability of substances eg- substances that may be dangerous if carelessly managed or misused and substances that may produce an addiction will have differing classification, supply, handling and storage requirements to those whose availability may be required more quickly for therapeutic purposes.
    The Act has a number of provisions for the manufacture, wholesale supply, general supply, distribution, storage and dispensing of therapeutic goods or poisonous substances, and prescribes varying levels of licensing required for these activities for the different classifications of substances.
    Offences under the Act include the improper manufacture, supply, receipt, distribution, storage and handling of substances covered by the Act.
  • Poisons and Therapeutic Goods Regulation 2008 (NSW) - Level 3Regulation made under the Poisons and Therapeutic Goods Act 1966.
  • Prevention of Cruelty to Animals Act 1979 (NSW) - Level 4An Act for the prevention of cruelty to animals. Offences under this Act occur in the commission of acts of cruelty upon an animal which includes the failure to provide suitable food, water and shelter for animals in your care. The Act has relevance for the University through its interactions with animals. The activities involving animals that are relevant for this legislation and the University are as follows:- routine interaction with University animals under the care of the Animal Services Unit (excluding animal research under the jurisdiction of the Animal Research Act 1985; and excluding clinical treatment of animals in the Veterinary Clinic under the jurisdiction of the Veterinary Practices Act 2003); intermittent contact with native animals naturally occurring in the campus environment and periodic dealings with companion animals and pest species that incidentally occur on campus.
  • Privacy (Tax File Number) Rule 2015 (Cth) - Level 1This Rule is issued by the Privacy Commissioner under section 17 of the Privacy Act 1988, and regulates the collection, storage, use, disclosure, security and disposal of individuals' Tax File Number information.
  • Privacy Act 1988 (Cth) - Level 1The Privacy Act is the Federal Act which sets privacy standards for the responsible collection and handling of personal information. Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable. It does not include the personal information about an individual who passed away more than 30 years ago, or the personal information contained in a publicly available publication. When the University collects, manages, corrects and protects personal information relating to staff, students and identifiable visitors to the organisation and its infrastructure, it commits to doing so in accordance with applicable laws. Personal information provided to the University will be used for the purpose it is provided, to assist the University in undertaking its primary purposes (outlined within the University of New England Act, 1993 (NSW)) and any secondary purposes related to the primary purpose. UNE is not responsible for the privacy practice of web sites external to the University. The University will not disclose personal information without consent unless authorised by law. However, information may be disclosed to a third party if the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of you or another person. University staff are required under the Code of Conduct to follow policies and to comply with appropriate legislation in relation to privacy and other matters.

    The Act also establishes the Office of the Privacy Commissioner (Federal) and Privacy Advisory Committee and defines their functions. The Act applies the Australian Privacy Principles and Approved Privacy Codes.
  • Privacy and Personal Information Protection Act 1998 (NSW) - Level 1This Act provides for the protection of personal information, and for the protection of the privacy of individuals generally. The Act sets privacy standards applicable for NSW State and Local government agencies and private sector persons and organisations in NSW. Privacy NSW is established by the Act as the Office of the NSW Privacy Commissioner. Under the Act, the University is required to deal with personal information in accordance with the 12 information protection principles (IPPs) prescribed within the Act:

    Collection must be
    1.Lawful
    2.Direct
    3.Open
    4.Relevant

    Storage must be
    5.Secure

    Access must be
    6.Transparent
    7.Accessible
    8.Correct

    Use must be
    9.Accurate
    10.Limited, and

    Disclosure must be
    11.Restricted, and
    12. Safeguarded.

    The University must take steps to ensure that that there is no deliberate and wrongful disclosure of personal information and is also required to develop and implement a Privacy Management Plan. The Act prescribes the contents of the privacy management plan including descriptions of the University's policies and processes for complying with privacy legislation and dealing with privacy matters including those matters relevant for the Health Records Information Privacy Act 2002; and, dissemination strategies for the privacy policies and procedures to the University community.
  • Privacy and Personal Information Protection Regulation 2014 (NSW) - Level 1Regulations made under the Privacy and Personal Information Protection Act 1998.
  • Privacy Regulation 2013 (Cth) - Level 1Privacy Regulation 2013
  • Product Stewardship Act 2011 (Cth) - Level 2An Act to provide a framework for reducing the environmental and other impacts of products, and for related purposes
  • Prohibition of Human Cloning for Reproduction Act 2002 (Cth) - Level 5An Act to prohibit human cloning for reproduction and other unacceptable practices associated with reproductive technology, and for related purposes.

    The University does not conduct research involving human embryos.
  • Protection of Cultural Objects on Loan Act 2013 (Cth) - Level 4An Act to encourage the loan of objects from overseas for temporary public exhibition in Australia, and for related purposes.
  • Protection of Movable Cultural Heritage Act 1986 (Cth) - Level 2An Act to protect Australia's heritage of movable cultural objects, to support the protection by foreign countries of their heritage of movable cultural objects, and for related purposes
  • Protection of the Environment Administration Act 1991 (NSW) - Level 3The objects of this Act are as follows:

    (a) to constitute the Environment Protection Authority,
    (b) to provide integrated administration for environment protection,
    (c) to require the Authority to perform particular tasks in relation to the quality of the environment, environmental audit and reports on the state of the environment.
  • Protection of the Environment Operations (Clean Air) Regulation 2010 (NSW) - Level 1Regulation made under the Protection of Environment Operations Act 1997.
  • Protection of the Environment Operations (General) Regulation 2009 (NSW) - Level 1A regulation made under the Protection of the Environment Operations Act 1997
  • Protection of the Environment Operations (Noise Control) Regulation 2008 (NSW) - Level 1Regulation made under the Protection of the Environment Operations Act 1997.
  • Protection of the Environment Operations (Waste) Regulation 2014 (NSW) - Level 1A regulation made under the Protection of Environment Operations Act 1997.
  • Protection of the Environment Operations Act 1997 (NSW) - Level 1An Act to protect, restore and enhance the environment in NSW and to promote public access to information and involvement in environment protection.
    The Act:
    - Designates the EPA (Environment Protection Authority) as the regulatory authority.
    - Allocates the drafting and publishing of PEP's (Protection of the Environment Policies) and associated impact statements to the EPA.
    - Establishes a system of Environment Protection Licences for the purposes of carrying out scheduled activites (e.g. chemical production, sterilisation activities, waste processing electricity generation, livestock intensive activities, etc) and scheduled development work (development designed to enable scheduled activities to take place on the premises).
    - Provides for the issue of environment protection notices (clean-up notices, prevention notices, and prohibition notices) - It is an offence under the Act not to comply with such notices and penalties include sizeable fines.
    - Defines a tiered mechanism to classify offences and provides for maximum penalties (eg: to wilfully dispose of waste in a manner that harms or is likely to harm the environment is a Tier 1 offence that may attract large fines and potential imprisonment).
    - Provides for voluntary and mandatory environmental audits and procedural matters for the conduct of investigations (including scope, associated notice requirements, powers of entry, and duty to provide information).
  • Psychotropic Substances Act 1976 (Cth) - Level 4An Act to Approve Ratification of the Convention on Psychotropic Substances and to give effect to that Convention with respect to certain Psychotropic Substances and Psychotropic Preparations that enter Australia in the course of Consignment from one place outside Australia to another place outside Australia.
  • Public Authorities (Financial Arrangements) Act 1987 (NSW) - Level 5An Act to make provision with respect to certain financial arrangements (including investments) of public authorities. Universities are expressly excluded from the definition of an "authority" in this Act.
  • Public Finance and Audit Act 1983 (NSW) - Level 1An Act to make provision with respect to the administration and audit of public finances. The Act prescribes the form, content and timing of financial statements for the University and provides for the audit of those statements by the Audit Office of NSW.
  • Public Finance and Audit Regulation 2015 (NSW) - Level 1Regulations made under the Public Finance and Audit Act 1983
  • Public Health (Tobacco) Act 2008 (NSW) - Level 4An Act to regulate the sale, supply, advertising and promotion of tobacco products; and for other purposes.
  • Public Health Act 2010 (NSW) - Level 3An Act to improve the health of the people of NSW through provisions for public health programs for the following purposes - Management of infectious diseases; Immunisation programs for control of vaccine preventable diseases; Controls for operators of air and water handling systems requiring monitoring of quality and intervention where required; Prevention of certain diseases such as Cervical Cancer through the keeping of registers for screening programs; Programs controlling funeral industry activity in the interests of public health; Limitations on sale & advertising of tobacco with the aim to reduce the uptake of smoking within the community; Classification of, and associated policies and procedures for notification and control measures for notifiable diseases (as defined in Schedule 3 of the Act). Schedule 1 of the Act groups medical conditions into 5 categories - requiring varying response & notification points as indicated. The Act defines restricted health services that must only be performed by approved medical practitioners; prescribes procedural matters to promote the safety of drinking water through reporting and provision of public advice re safety status; and provides for the issue, enforcement, duration, and appeal of 'public health orders' in the interests of public health.
  • Public Health Regulation 2012 (NSW) - Level 3Relevant to the University with regard to Part 8 - Disposal of bodies.
  • Public Interest Disclosures Act 1994 (NSW) - Level 1This Act seeks to provide protection for public officials who make reports/disclosures concerning corrupt conduct, maladministration and waste in the public sector. The University is a "public authority" under the Act, and is required to take every reasonable measure to ensure the confidentiality of the identity of a person who makes a protected disclosure. This Act prescribes a number of requirements that are to be followed by the University in the event that a protected disclosure is made.
  • Public Interest Disclosures Regulation 2011 (NSW) - Level 1Regulations made under the Public Interest Disclosures Act 1994
  • Public Works and Procurement Act 1912 (NSW) - Level 4An Act to consolidate the Acts relating to Public Works; and to make provision in relation to the procurement of goods and services for New South Wales government agencies