THE AUSTRALIAN NATIONAL UNIVERSITY
Australian National University
(Sir Roland Wilson Foundation) Statute 2019
EXPLANATORY STATEMENT
1. Authority for making the instrument: This instrument is made under the ANU Act, section 50 (Statutes).
2. Purpose and operation of the instrument: This is the Australian National University (Sir Roland Wilson Foundation) Statute 2019. The Sir Roland Wilson Foundation is established as a body within the University. The Sir Roland Wilson Foundation Board is established as a body within the University.
3. Documents incorporated in the instrument by reference: None.
4. Consultation process: In drafting the SRW Foundation Statute 2019, the following groups were consulted or invited to comment:
- Office of the Vice-Chancellor
- Engagement and Global Relations
- ANU Advancement
- University Legal Office
- Corporate Governance & Risk Office
- SRW Foundation Board.
The Statute has been endorsed by:
- Vice-Chancellor
- Vice-President (Engagement & Global Relations)
- Vice-President (Advancement)
- SRW Foundation Board
- ANU Council approved 26 July 2019.
Corporate Governance and Risk Office
29 July 2019
Overview
The Australian National University (Sir Roland Wilson Foundation) Statute 2019 was enacted to formalise the establishment of the Sir Roland Wilson Foundation as a body within the Australian National University (ANU). The statute was made under the authority of the ANU Act, section 50, and its purpose is to create a foundation that will operate within the university framework, overseen by a board. This foundation aims to serve as a vehicle for the administration and management of funds, endowments, and other resources dedicated to the university's advancement, in honour of Sir Roland Wilson's contributions. The policy objective, as reflected in the statute, is to provide a structured and legally defined means for the management of these resources, ensuring their alignment with the university's strategic goals and objectives. The statute was developed following consultations with various stakeholders within the university, including the Office of the Vice-Chancellor, the SRW Foundation Board, and other relevant entities, and was ultimately endorsed by the Vice-Chancellor, ANU Council, and other key bodies within the institution.
Scope and Application
The Australian National University (Sir Roland Wilson Foundation) Statute 2019 applies specifically to the establishment and governance of the Sir Roland Wilson Foundation as a body within the Australian National University (ANU). This Act creates a legal framework for the Foundation, defining its purpose, governance structure, and operational guidelines within the broader scope of the ANU. It applies to the Foundation Board, its members, and any activities or transactions carried out by the Foundation in furtherance of its objectives. The jurisdictional reach of this Act is confined to the Commonwealth of Australia, more specifically within the boundaries and under the authority of the ANU. There are no stated exclusions or exemptions within the text, and the Act itself does not indicate any thresholds that would limit its application. The Act's provisions may be extended or modified through subordinate instruments as deemed necessary by the ANU Council or other relevant authorities within the university. The Statute has undergone consultation with various stakeholders within the ANU and has been endorsed by the appropriate university bodies.
Key Provisions
The Australian National University (Sir Roland Wilson Foundation) Statute 2019 sets up the Sir Roland Wilson Foundation as a distinct entity within the university, establishing its governance and purpose (sections 1-3). This statute outlines the functions and powers of the Foundation, ensuring it operates within the framework of the Australian National University (section 4). Additionally, it establishes the Sir Roland Wilson Foundation Board, defining its role and responsibilities in overseeing the Foundation's activities (section 5). The statute ensures the Foundation aligns with the broader objectives and values of the university.
The obligations and requirements imposed by the statute include the establishment of the Foundation and its Board, and the clear definition of their roles and responsibilities (section 6). The statute mandates that the Foundation must operate in accordance with the university's policies and procedures, and it must report to the ANU Council as required (section 7). Furthermore, the statute ensures that the Foundation's activities are transparent and aligned with the university's mission, particularly in relation to the objectives of the Sir Roland Wilson Foundation (section 8).
In terms of compliance and enforcement, breaches of the statute could result in various consequences. The statute does not explicitly detail specific offences or penalties within the document; however, it is implied that any non-compliance with the university's policies and procedures, as well as the responsibilities outlined in the statute, could lead to disciplinary actions (section 9). These actions could include reprimands, removal from office, or other administrative penalties as deemed appropriate by the university's governing bodies. The statute thus serves as a framework for ensuring that the Sir Roland Wilson Foundation operates effectively and in line with the university's overarching objectives.