Governance Order 2020

Overview

The Australian National University Governance Order 2020 was enacted to provide the procedural detail necessary for the election of staff to the ANU Council. This Order was created under the authority of the Governance Statute, specifically section 68(1), which grants the power to make rules and orders. The primary aim of this Order is to clarify the bodies that are to be considered as faculties or research schools and the roles of their deans or heads within the election process. The Order was issued by the Vice-Chancellor on 22 December 2020, following consultation with the Corporate Governance and Risk Office, ensuring that the procedural aspects of staff elections are clearly defined and implemented to maintain good governance and accountability at the institution.

Scope and Application

The Australian National University Governance Order 2020, made under the authority of the Governance Statute, section 68(1), provides the procedural details necessary for the election of staff to the ANU Council, focusing particularly on the entities recognised as faculties or research schools and their respective deans or heads. This Order applies to staff members of the Australian National University and is intended to clarify the structural and procedural aspects of the election process within the institution. The geographic and jurisdictional reach of this Order is limited to the Australian National University, meaning it applies solely within the purview of the University’s internal governance and does not extend beyond its boundaries. There are no stated exclusions, exemptions, or thresholds specified in the Order itself; however, the application and interpretation of these procedures may be subject to further elaboration or restriction through subordinate instruments or other internal university guidelines.

Key Provisions

The Australian National University Governance Order 2020 (Order) outlines the procedures for the election of staff members to the ANU Council (section 1(2)). It provides detailed instructions on the bodies that are to be considered as faculties or research schools and their respective deans or heads (section 1(3)). This Order was established to ensure that the election process adheres to the stipulated criteria and functions as intended under the Governance Statute, specifically section 68(1) (section 1(1)). The Order aims to maintain a clear and structured process for the election of staff members to the Council, ensuring that all parties involved understand their roles and responsibilities (section 2). The Order imposes several obligations on the parties involved in the election process. These include the identification and recognition of eligible faculties and research schools, as well as the roles of deans and heads in the election process (section 1(3)). It mandates that the election procedures are transparent, fair, and follow the guidelines set forth in the Order (section 1(2)). The Order also requires that the Vice-Chancellor, who is responsible for making the Order, consults with relevant stakeholders to ensure the process is robust and meets the needs of the institution (section 1(4)). By providing these detailed procedural requirements, the Order aims to ensure that the election process for the ANU Council is conducted in a manner that is consistent with the governance framework of the Australian National University. There are no explicit offences, penalties, or civil/criminal consequences mentioned in the Order for breaches of its provisions. However, failure to adhere to the prescribed procedures could potentially lead to disputes or challenges regarding the validity of the election process. The Order’s focus is on providing clear guidelines to ensure the election process is transparent and follows the statutory requirements. While the Order itself does not outline specific penalties, any subsequent actions or legal disputes arising from non-compliance with the Order might be addressed under the broader governance and legal frameworks of the Australian National University and relevant legislation.