University of Newcastle Act 1989 No 68
Division 3 Commercial activities
In this Division:the Guidelines means the guidelines determined for the time being under section 21B.University commercial activity means:(a) any activity engaged in by or on behalf of the University in the exercise of commercial functions of the University, and(b) any other activity comprising the promotion of, establishment of or participation in any partnership, trust, company or other incorporated body, or joint venture, by or on behalf of the University, that is for the time being declared by the Guidelines to be a University commercial activity.
21B Guidelines for commercial activities
(1) The Council must by resolution determine, and must maintain, Guidelines requiring specified processes and procedures to be followed in connection with University commercial activities.(2) The Council may by resolution amend or replace the Guidelines from time to time.(3) Without limitation, the Guidelines may contain provision for or with respect to the following in connection with University commercial activities:(a) requiring feasibility and due diligence assessment,(b) requiring the identification of appropriate governance and administrative arrangements (including as to legal structures and audit requirements),(c) requiring the undertaking of risk assessment and risk management measures,(d) regulating and imposing requirements concerning the delegation by the Council of any of its functions under this Act in connection with University commercial activities,(e) declaring a specified activity to be a University commercial activity for the purposes of paragraph (b) of the definition of that expression in section 21A,(f) establishing a protocol regarding the rights and responsibilities of members of the Council in relation to commercialisation, with a view to avoiding real or apparent conflicts of interest.(4) The Council must ensure that the Guidelines are complied with.(5), (6) (Repealed)
21C Register of commercial activities
(1) The Council is to maintain a Register of University commercial activities and is to enter and keep in the Register the following details of each of those activities:(a) a description of the activity,(b) details of all parties who participate in the activity,(c) details of any appointment by or on behalf of the University to relevant boards or other governing bodies,(d) details of any meetings at which relevant matters were considered and approved for the purposes of compliance with the Guidelines,(e) such other details as the Guidelines may require.(2) The Guidelines may make provision for the following:(a) exempting specified activities or activities of a specified class from all or specified requirements of this section,(b) altering the details to be included in the Register in respect of specified activities or activities of a specified class,(c) enabling related activities to be treated as a single activity for the purposes of the Register.(3) The Council must comply with any request by the Minister to provide the Minister with a copy of the Register or any extract from the Register.
21D Reports to Minister on commercial activities
(1) The Minister may request a report from the Council as to University commercial activities or as to any particular University commercial activity or aspect of a University commercial activity.(2) The Council must provide a report to the Minister in accordance with the Minister’s request.
21E Referral of matters to Ombudsman or Auditor-General
The Minister may refer a University commercial activity or any aspect of a University commercial activity (whether or not the subject of a report by the Council to the Minister):(a) to the Auditor-General for investigation and report to the Minister, or(b) as a complaint to the Ombudsman that may be investigated by the Ombudsman as a complaint under the Ombudsman Act 1974.