Compliance Framework
Compliance Driver
Australia's Foreign Relations (State and Territory Arrangements) Act 2020 (Cth)
Classification
Level 1
University-wide concern. Impacts on reputation and funding.
Associated Legislation
Associated Standards
None
Associated Codes
None
Associated Information
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Administrative Information
Administrative Body
Department of Foreign Affairs and Trade
Administrative Name
Minister for Foreign Affairs
Administrative Address
Administrative Phone
Administrative Email
foreignarrangements@dfat.gov.au
Administrative Website
https://www.foreignarrangements.gov.au/
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General Introduction
VC Compliance Delegate
Chris Armstrong, Deputy Vice-Chancellor Research
Compliance Coordinator
Donnika Williams, Research Governance and Compliance Officer
Business Units Impacted
Overview
The 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.Compliance Obligations
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Core foreign arrangements - approvals and notices (variations included)
Description
UNE must not negotiate or enter a core foreign arrangement without Ministerial approval in force, must notify before negotiation/entry (attaching the draft), and must notify within 14 days after entry; variations are treated as arrangements so the same rules apply (ss15–16, 22–23, 28–29, 13(1)–(2)).
Impacts
Breaches expose UNE to injunctions (s52(1)(a)–(e)); if entered without approval, arrangements are automatically invalid/unenforceable (AU law), must be terminated under foreign law (foreign law), or deemed never in operation (nonâ€'binding), with mandatory notices and “no effect/holding out” prohibitions (ss30–32; s52(1)(f)).
Responsible Manager
Chris Armstrong, Deputy Vice-Chancellor Research
Coordinating Officer
Donnika Williams, Research Governance and Compliance Officer
Coordinating Unit
Research Services
Oversight Committee/Group
Foreign Interference and Collaboration Committee
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
Management Tools
Rule
Code of Conduct for Research Rule
Collaborative Research Rule
Research UNE Deposit, Collection and Access Rule
Policy
Risk Management Policy - Annexure 2 - Due Diligence to Counter Foreign Interference, Support Transparency in Foreign Relations, Conform with Autonomous Sanctions and Manage Risk of Modern Slavery Practices
Terms of Reference (Vice-Chancellor approved) - Foreign Interference and Collaboration Committee
Protocol
None
Procedure
None
Guideline
None
Other Websites
Compliance Overview