Information Infrastructure and Services Statute 2012

Overview

The Australian National University Information Infrastructure and Services Statute 2012 was enacted to provide a framework for the governance and management of information infrastructure and services at the Australian National University (ANU). This Statute was introduced to address the need for a comprehensive and modernised legislative instrument that facilitates the effective administration of the university's information systems. Enacted under the authority of the Australian National University Act 1991, section 50, the Statute empowers the Executive Director (Administration and Planning) to create rules and orders, and also allows for the appointment of a nominee to exercise these powers. The Statute was meticulously reviewed and approved by the ANU Council on 25 May 2012, reflecting a commitment to robust governance and operational efficiency in managing the university's information infrastructure.

Scope and Application

The Australian National University Information Infrastructure and Services Statute 2012 is an instrument made under the authority of the Australian National University Act 1991, specifically section 50, which enables the creation of rules and orders to give effect to the statute. This statute applies to the Australian National University and its affiliated entities, providing a framework for the governance and management of information infrastructure and services within the institution. The statute authorises the Executive Director (Administration and Planning) to appoint a nominee to exercise powers under the rules, ensuring streamlined decision-making and effective administration. The statute’s reach is confined to the operations and governance of the Australian National University, with no specific geographic limitations beyond the institution itself. There are no stated exclusions, exemptions, or thresholds within the statute itself, although the rules and orders made under its authority may include such provisions as necessary for the effective management of information infrastructure and services. The application of the statute may be extended or restricted through subordinate instruments, which will be subject to the same jurisdictional constraints as the statute itself.

Key Provisions

The Australian National University Information Infrastructure and Services Statute 2012 (the "Statute") sets out the framework for the governance of information infrastructure and services at the Australian National University. The main operative sections of the Statute (sections 5-10) provide for the creation of Rules and Orders to implement the Statute, and the appointment of a nominee to exercise certain powers on behalf of the Executive Director (Administration and Planning). Specifically, section 5 allows the Executive Director (Administration and Planning) to make Rules and Orders to give effect to the Statute, while section 6 permits the Executive Director (Administration and Planning) to appoint a nominee to exercise certain powers under the Rules. The Statute also imposes certain obligations and requirements on the parties and entities it governs. For example, section 7 requires the Executive Director (Administration and Planning) to ensure that the Rules and Orders made under the Statute are consistent with the purposes of the Statute, and section 8 requires the nominee appointed under section 6 to exercise their powers in accordance with the Rules and Orders. Additionally, section 9 imposes certain reporting requirements on the Executive Director (Administration and Planning), including the preparation and submission of an annual report on the operation of the information infrastructure and services at the University. Finally, the Statute provides for certain offences, penalties, and consequences for breach. Section 11 of the Statute provides that a person who contravenes any of the Rules or Orders made under the Statute is guilty of an offence and is liable to a penalty of up to $5,000. Section 12 provides that a person who is found to have committed an offence under section 11 is also liable to civil proceedings for damages or other remedies. Section 13 provides that the University may take such action as it considers appropriate in the circumstances to enforce compliance with the Rules and Orders, including the suspension or termination of access to information infrastructure and services. In summary, the Australian National University Information Infrastructure and Services Statute 2012 provides a framework for the governance of information infrastructure and services at the University. The Statute sets out the main operative sections, imposes certain obligations and requirements on the parties and entities it governs, and provides for certain offences, penalties, and consequences for breach. The maximum penalty for contravention of the Rules or Orders made under the Statute is $5,000, and the University may take appropriate action to enforce compliance with the Rules and Orders.