Policy for the Establishment of Relationships with Third Parties

Intent

This policy exists to advise members of the University community of the issues to be considered before entering into relationships on behalf of JCU with individuals or bodies external to the University. It is envisaged that this policy will be underpinned by a number of specific procedures developed to tailor the general requirements of the policy to deal with particular situations. Where a specific procedure does not exist, the general duties and defaults required by the policy will be deemed to apply.

Scope

This policy applies to the establishment and operation of all relationships between the University and a third party(ies).

Exclusions

Academic collaboration which is in essence fellow scholars working together for mutual benefit.

Policy Provisions

Council retains to itself all powers not explicitly delegated by resolution of Council to appropriately qualified members of Council, appropriately qualified staff of the University, officers or committees. All relationships established under a delegation shall be created and shall operate in accordance with approved policies and procedures.

Approved policies and procedures shall provide, where necessary, for

• Statement of purpose for the proposed relationship. Default: VCAC member.

• Statement of how the proposed relationship supports achievement of JCU’s priority objectives. Default: VCAC member.

• Statement on partner selection and relationships. Default: VCAC member.

• University governance arrangements relating to:

- Linkage to an organisational unit or officer within University’s organisational structure. Default: to be approved by the VC/Senior DVC.

- Where applicable, proposed Board and management structures and membership nominations and the basis upon which such nominations are to be made, addressing issues of independence, skills, knowledge and experience. Default: to be approved by the VC/Senior DVC.

- Where applicable, access to information from the third party. Default: to be requested through the Executive Director, Finance & Resource Planning.

- Delegations and arrangements for monitoring, review and disestablishment. Default: to be approved by the Executive Director, Finance & Resource Planning.

- Reporting and accountability arrangements, incorporating annual reports on strategic and business plans and progress reports against both. Default: to be approved by the Executive Director, Finance & Resource Planning.

- Adoption and maintenance of a statement of governance principles. Default: to be approved by the Executive Director, Finance & Resource Planning.

• Academic approvals. Default: Academic Board.

• Quality Assurance arrangements and accreditation. Default: Executive Director, Finance & Resource Planning.

• Student support arrangements. Default: DVC (US&R).

• Information management. Default: DVC (US&R) and other PVC as appropriate.

• Guidance on appropriate standards of conduct. Default: JCU Code of Conduct applies.

• The taking and giving of legal, tax and other advice. Default: this is to be routed through Financial and Business Services or the Governance and Corporate Services Office.

• Appropriate restrictions on or conditions for the use of the University’s name or other corporate identifiers. Default: written approval of the University Secretary is required.

• The establishment of a range of relationships: customer/supplier, co-working, collaborations, partnerships, joint ventures as either incorporated or unincorporated bodies. Default: see Financial Management Practice Manual.

• The establishment of appropriate documentation: legally binding contractual documents or non legally binding Memoranda of Understanding or Association. Default: this is to be routed through the Governance and Corporate Services Office.

• Undertaking risk assessment and considering risk management. Default: to be undertaken through Financial & Business Services.

• Appropriate market research. Default: to be undertaken by the Marketing Section.

• Dealing with Intellectual Property issues. Default: to be dealt with through Research and Innovation Office.

• Stating the business case. Default: to be undertaken through the Financial & Business Services.

• Industrial, workload and HR arrangements. Default: to be dealt with through Human Resources Office.

• Dealing with financial liability for losses, ownership of net income and carry forward balances. Default: to be approved by the Executive Director, Finance & Resource Planning.

• Relationship to the University’s budget and statutory accounts. Default: to be approved by the Executive Director, Finance & Resource Planning.

• Establishment of bank accounts. Default: to be approved by the VC through the Financial & Business Services Office.

• Relationship to Audit and Compliance Committee and Internal and External Audit. Default: the activity will be subject to scrutiny by Audit and Compliance Committee.

• Applicable costing model. Default: as determined by the Financial & Business Services Office.

• Presenting the financial and funding plan, including cashflow forecasts and any limitations. Default: to be approved through the Financial & Business Services Office.

• Rate of return. Default: as agreed by the Executive Director, Finance & Resource Planning.

• Cash balances, borrowings and interest. Default: to be approved through the Financial & Business Services Office.

• Appropriate sensitivity analysis. Default: as determined by the Financial & Business Services Office.

• Registration of business names, trade marks etc. Default: this is to be routed to the University’s legal advisers through the Commercial Services Office within the Finance & Resource Planning Division.

• Purchase of an interest in another entity, eg shares. Default: as agreed by the VC/Senior DVC.

Related documents, legislation or JCU Statutes

Statement on the Use of Corporate Identifiers

Corporate Style Manual

Financial Management Practice Manual

Non-Controlled Entities - Procedure for the Establishment and Management of the University’s Part-Ownership or Significant Interest

University-Controlled Entities - Procedure for Establishment and Oversight

Approval Details

Modification History