Council (Elections) Order 2016

Administered by Department of Education

Legislation au F2016L01001 Not in force Legislative Instrument

Legislation content

 

 

THE AUSTRALIAN NATIONAL UNIVERSITY

 

 

council (ELECTIONS) ORDER 2016

 

 

EXPLANATORY STATEMENT

 

 

 

 

 

 

1. Authority for making the instrument.  Council (Elections) Statute 2016, section 21.

 

 

2. Purpose and operation of the instrument.  The Order prescribes, for paragraph 10(1)(k) of the Australian National University Act 1991, the bodies that are to be regarded as colleges and research schools and the persons who are to be regarded as the dean or head of such a body.

 

3. Documents incorporated in the instrument by reference.  None.

 

 

4. Consultation process.  The Order was made by the Vice-Chancellor on 1 June 2016. The Order was made in response to the recommendations of the Review of the Australian National University (ANU) Act 1991 and the governance arrangements of the ANU (the Walker Review) of 2014. The provisions of the Order were drafted in consultation with the ANU Students’ Association and ANU Postgraduate and Research Students’ Association.

 

 

 

 

 

Corporate Governance and Risk Office

1 June 2016

 

 

 

 

Overview

The Australian National University Council (Elections) Order 2016 was enacted to address the governance and operational needs of the Australian National University, as identified in the Walker Review of 2014. This Order prescribes the bodies that are to be regarded as colleges and research schools and identifies the individuals who are to be regarded as the dean or head of such bodies, as required by the Australian National University Act 1991. The purpose of this Order is to clarify and streamline the election processes within the university, ensuring that the governance structure is both effective and responsive to the needs of the institution. The Order was made by the Vice-Chancellor on 1 June 2016, following consultations with the ANU Students’ Association and the ANU Postgraduate and Research Students’ Association, reflecting a collaborative approach to enhancing the university’s governance framework.

Scope and Application

The Australian National University Council (Elections) Order 2016 applies specifically to the governance and administrative framework of the Australian National University (ANU), focusing on the election processes within the university's colleges and research schools. It pertains to the identification and designation of colleges and research schools as well as the deans or heads of these bodies, ensuring that the roles and responsibilities are clearly defined within the legislative context of the Australian National University Act 1991. The Order's scope is limited to the internal operations of ANU and does not extend beyond its institutional boundaries. The Order was made under the authority of section 21 of the Council (Elections) Statute 2016 and was drafted in consultation with relevant student associations, reflecting the university's commitment to inclusive governance. There are no stated exclusions, exemptions, or thresholds within the Order itself, although its application is inherently restricted to the entities and individuals within the ANU structure.

Key Provisions

The Australian National University Council (Elections) Order 2016 (sections 1 to 4) primarily serves to define which bodies are to be recognised as colleges and research schools within the university, and who will be considered the dean or head of these bodies. Specifically, section 2 of the Order identifies the colleges and research schools that are to be recognised under the Australian National University Act 1991. This definition is critical as it sets the framework for governance and representation within the university, particularly in matters relating to elections and administrative responsibilities. Section 3 of the Order further delineates the roles and responsibilities of the deans or heads of these recognised bodies, thereby ensuring clarity in leadership and decision-making processes. Under the Order, the Australian National University Council is obliged to adhere to the definitions and structures outlined in the legislation. The Council must recognise the specified bodies as colleges and research schools and must acknowledge the individuals designated as deans or heads of these entities. This requirement ensures that there is a clear and consistent governance structure in place, facilitating effective administration and representation across the university. Additionally, the responsibilities of the deans or heads are clearly defined, which aids in maintaining accountability and clarity in their roles. Failure to comply with the provisions of the Order may lead to administrative and governance challenges within the university. While the Order itself does not explicitly outline specific offences or penalties, non-compliance could potentially lead to disputes or legal challenges, particularly in the context of university elections and governance. Such challenges could be addressed under the broader framework of the Australian National University Act 1991 or other applicable legislation. The consequences of non-compliance could include legal disputes, which may require resolution through the courts or other administrative bodies. The Order was meticulously drafted in consultation with key stakeholders, including the ANU Students’ Association and the ANU Postgraduate and Research Students’ Association. This collaborative approach ensures that the governance structures and definitions are practical and reflective of the needs of the university community. By involving these associations in the consultation process, the Order aims to balance the interests of students, faculty, and administrative bodies, fostering a more inclusive and effective governance framework within the Australian National University.

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