THE AUSTRALIAN NATIONAL UNIVERSITY
information infrastructure and services statute 2006
EXPLANATORY STATEMENT
1. Authority for making the instrument. Australian National University Act 1991, section 50.
2. Purpose and operation of the instrument. The Statute enables the making of Rules to give effect to the Statute, and authorises the Vice-Chancellor to appoint a nominee to exercise the powers of the Vice-Chancellor under the Rules.
3. Documents incorporated in the instrument by reference. None.
4. Consultation process. The Statute was drafted in consultation with user committees. The instrument was considered and approved by the Council of the University.
Council and Boards Secretariat
11 December 2006.
Overview
The Australian National University Information Infrastructure and Services Statute 2006 was enacted to streamline the administration of information infrastructure and services within the Australian National University. This Statute was introduced to address the need for clear, efficient governance and management of information systems and services that support the university's operations and academic missions. The Statute was enacted under the authority of the Australian National University Act 1991, specifically section 50, which empowers the University to create such subsidiary legislation. The policy objective behind this Statute is to ensure that the university's information infrastructure and services are effectively managed, thereby supporting the institution's overarching goals and facilitating its academic and administrative functions. The drafting of the Statute involved consultation with user committees, and it was subsequently approved by the University Council, ensuring that the legislation reflects the needs and perspectives of various stakeholders within the university community.
Scope and Application
The Australian National University Information Infrastructure and Services Statute 2006 applies to the Australian National University (ANU) and its affiliates, governing the establishment and management of the university's information infrastructure and services. This legislation allows the university to create rules that implement the Statute, with the Vice-Chancellor having the authority to delegate certain powers to a nominee. The Statute's purpose is to streamline the administration of the university's information systems, ensuring they meet the needs of students, staff, and other stakeholders. It applies to the entire institution, covering all areas where information infrastructure and services are critical to the university's operations. There are no specific exclusions or exemptions noted within the Statute itself, although the rules made under this legislation might contain such provisions. The Statute's jurisdiction is limited to the Commonwealth, specifically to the operations of the Australian National University. Subordinate instruments may further define or refine the application of this Statute, providing additional details or clarifications as necessary.
Key Provisions
The Australian National University Information Infrastructure and Services Statute 2006 (the "Statute") primarily serves to establish a framework for the governance of information infrastructure and services within the Australian National University (the "University"). Section 1 of the Statute outlines the authority for making the instrument, referencing the Australian National University Act 1991, section 50. Section 2 explains that the purpose of the Statute is to enable the making of Rules that give effect to the Statute, and it also authorises the Vice-Chancellor to appoint a nominee to exercise the powers of the Vice-Chancellor under the Rules. This delegation of authority allows for more efficient management of the University's information infrastructure and services.
Under the Statute, the University has specific obligations to ensure the effective and secure management of its information infrastructure and services. These obligations include developing and implementing policies and procedures that align with the Statute's purpose, and ensuring that any Rules made under the Statute are consistent with its objectives. The Statute also requires that any nominee appointed by the Vice-Chancellor act in accordance with the Statute and the Rules made under it. The Statute places a duty on the University to maintain the confidentiality, integrity, and availability of its information infrastructure and services, safeguarding against unauthorised access, misuse, or disruption.
The Statute provides for certain consequences in the event of a breach of its provisions. While specific offences and penalties are not detailed in the Explanatory Statement, it is reasonable to infer that breaches of the Statute could lead to disciplinary action against individuals or entities responsible for the breach, as well as potential legal consequences under other applicable laws. For example, unauthorised access to or misuse of the University's information infrastructure could result in criminal charges under the Criminal Code Act 1995, with penalties including fines and imprisonment. Additionally, the University may face civil liability for damages resulting from a breach of its obligations under the Statute, although the specific amount of any such damages would depend on the circumstances of the case.