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- University Archives - Access
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Equity
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Estate and Facility Management
- Advertising on Campus
- Alcohol Consumption on University Property
- Approval of Works to University Buildings and Site Infrastructure
- Authorised Use of University Facilities, Premises and/or Grounds for Non-core Purposes
- Environmental Policy
- High Voltage Access Policy
- Memorial Plaques
- Noise on University Sites
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- Space Allocation and Management Policy
- Timetable and Class Registration Policy
- Tree Protection
- Vehicle Fleet Policy
- Weapons Policy
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Financial Management
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Appendices
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Assets (FMPM 200 - FMPM 399)
- FMPM 200 Overview - Assets & Cash Management
- FMPM 210 Cash
- FMPM 220 Policy - Bank Accounts
- FMPM 230 - Petty Cash Advances
- FMPM 300 Investments
- FMPM 320 Plant and Equipment
- Financial FMPM 322 - Acquisitions of Plant and Equipment
- FMPM 260 Other Advances
- FMPM 330 Non-Capital Assets
- FMPM 280 Official Stores
- FMPM 290 Prepayments
- FMPM 323 - Disposal of Plant and Equipment
- FMPM 324 Stocktake
- FMPM 350 Intangible Assets
- FMPM 270-2 Accounts Receivable - Student Debtors - Penalties
- FMPM 240 Travel Advances (Students)
- FMPM 330 Non-Capital Assets
- FMPM 270-1 Accounts Receivable
- FMPM 250 - Policy Salary Advances
-
Equity (FMPM 500 - FMPM 599)
-
Expenses (FMPM 700 - FMPM799)
-
Financial Management and Control (FMPM 800 - FMPM 899)
-
Further Applications (FMPM 900 - FMPM 999)
-
Introduction (FMPM 100 - FMPM 199)
-
Liabilities (FMPM 400 - FMPM 499)
-
Revenue (FMPM 600 - FMPM 699)
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Appendices
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Human Resources
- Academic Promotion Policy
- Adjunct Appointments and Vice Chancellor's Fellow Policy
- Awards for Excellence Policy
- Bullying, Discrimination, Harassment, and Sexual Misconduct Policy
- Community and Indigenous Language Allowance
- Competency Pay for Tradespersons Policy
- Early Retirement Policy
- Enterprise Agreement 2016
- Employment and Recruitment of Casuals
- Human Resources Delegation Policy
- Infectious Diseases Policy and Immunisation Guidelines
- Market Loading Policy
- Optional Working Hours System (Op-Time)
- Overpayment of Wages Policy
- Recruitment, Selection and Appointment Policy
- Relocation Assistance Policy
- Salary Packaging Program Policy
- Special Studies Program Policy
- Staff Study Assistance Policy
- Statement on Staff External Activities - Existing
- Supported Wage System (SWS) Policy
- Visiting Appointments
-
Health, Safety and Environment
-
Information and Communications Technology
-
International
- Attendance Monitoring Policy - English Language and Foundation Programs
- Enrolment Requirements for International Student Visa-Holders Policy
- Management of Off-Campus Operations, Ventures and Partnerships
- Satisfactory Academic Progress (SAP) Requirements for US Federal Aid Loans Eligibility
- Transfer of International Student Visa Holders to Other Educational Institutions
- US Federal Aid Loans – Return to Title IV
-
Learning and Teaching
- Annual Review of Subjects with Low Enrolments
- Blended Learning Policy
- Casual Teaching by Students Policy
- Charter of Responsibilities for Academic Quality and Governance
- Curriculum Approval, Accreditation, Monitoring, Review and Improvement Policy
- English Language and Numeracy Policy
- Framework for Postgraduate Courses Policy
- First Year Experience and Retention Policy
- Graduate Attributes
- Graduate Certificate of Education (Academic Practice) Internal Sponsorship Policy
- Honours Assessment and Postgraduate Coursework Awards Policy
- Learning Teaching and Assessment Policy
- Policy Glossary
- Review of a Student’s Suitability to Continue a Course Involving Placement
- Student Digital Experience Policy
- Student Experience of Learning and Teaching (SELT) Policy
- Student Retention Policy
- Subject Outlines Policy
-
Quality and Planning
- Annual Report Policy
- Course Performance Reports and Division Academic Program Reports – Policy
- Financial and Operational Performance Management Policy
- Planning Management Policy
-
Policy Development and Review Policy
- Reviews of Organisational Units and Thematic Areas - Policy and Procedures
- Quality Enhancement Framework
-
Research Education
-
Research Management
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Student Services
- Academic Progression Policy effective from Jan 2019
- Administration of Commonwealth Scholarships Policy
- Admissions Policy
- Appointment of Examiners - Near Relatives Policy and Procedure
- Attendance Monitoring Policy - English Language and Foundation Programs
- Award Finalisation and Graduation Policy (Applies to graduations after 1 September 2018)
- Bullying, Discrimination, Harassment, and Sexual Misconduct Policy
- Copyright Policy and Procedure
- Coursework Scholarships, Bursaries, Grants and Prizes Policy
- Credit Transfer Procedure
- Coursework Enrolment Policy
- Enrolment Requirements for International Student Visa-Holders Policy
- Examination Requirements Policy
- Guiding Principles for the Implementation of the National Network of Athlete Friendly Universities
- Intervention Strategy for Students Who Have Not Made Satisfactory Academic Progress
- Library Use Policy
- Publications by Members of Staff
- Review of Assessment and Student Access to Examination Scripts and Materials Policy
- Special Consideration, Supplementary, Deferred and Special Examinations Policy
- Student Access to a Dictionary During an Examination Policy
- Student Appeals Policy
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- Policy search
Policy Corporate Governance Controlled and Non-Controlled Entities Policy
Controlled and Non-Controlled Entities Policy
Intent
To provide a framework within which JCU will acquire and manage ownership or other significant interests in an Entity in keeping with its powers under section 61 of the James Cook University Act 1997.
This policy has been drafted to be compatible with the Voluntary Code of Best Practice for the Governance of Australian Universities to which JCU seeks to adhere.
Scope
The establishment, acquisition and disposal of interests by JCU in controlled and non-controlled entities including companies, trusts, joint ventures and partnerships.
Definitions
Acquisition means the acquisition by any means, with or without consideration, and includes the formation or taking part in an Entity. “Acquire” has a like meaning.
Affiliated Company means a company or other like entity where a director is on the board at the specific request and direction of JCU and JCU has no interest in the company or entity by way of shareholding or membership,
Board means the board, governing body or ultimate management committee of an Entity.
Companies Coordinator means the person holding this or a like position at JCU.
Company Limited by Guarantee means a company limited by guarantee under the Corporations Act
Controlled Entity means an Entity that is subject to the control of another entity in terms of section 50AA of the Corporations Act. In essence, an entity has the capacity to control a second entity if the first entity has the capacity to determine the outcome of decisions about the second entity’s decisions and policy making.
Controlled Interest means an interest which has, or will have, the consequence that the Entity is a Controlled Entity of JCU. The term includes the increase by JCU of a Controlled Interest.
Corporations Act means the Corporations Act 2001
Council means the Council of JCU.
Disposal means the disposal by any means, with or without consideration, and includes sale, transfer and surrender. “Dispose” has a like meaning.
Director means a person who is a director or member of a Board or a trustee.
DVC SR means the Deputy Vice Chancellor Services and Resources
Entity means a partnership or joint venture (whether incorporated or unincorporated), a trust, company or like body corporate, which is, or is intended to be, either a Controlled Entity or a Non-Controlled Entity.
Foundation Document means a constitution, trust deed, partnership agreement or joint venture agreement.
Incorporated Association means an association which is incorporated under the Associations Incorporation Act (Qld)
Interest in an Entity means any interest in an Entity, whether a Controlled Interest or a Non-Controlled Interest, and includes:
- The acquisition of a share in a company;
- The acquisition of a unit in a trust, or becoming a beneficiary in a trust
- Participation in a joint venture; and
- Becoming a partner in a partnership.
The term excludes any investment in the ordinary course by JCU in publicly listed companies or trusts.
JCU Act means the James Cook University Act 1997.
Non-Controlled Entity means an Entity which is not a Controlled Entity
Non-Controlled Interest means an interest which is not a Controlled Interest.
Vice Chancellor means the Vice Chancellor of JCU.
Policy and Procedures
1. Reasons for Acquiring an Interest in an Entity
1.1 Reasons for which JCU may Acquire an Interest in an Entity (whether a Controlled or Non-Controlled Interest) include -
a) to provide a more appropriate governance framework for the management of specialised functions of JCU;
b) to separate the management of non-core functions of JCU from core functions;
c) to provide for a level of independence in the decision making or operation of a function of JCU;
d) to enable JCU to establish a more flexible operational environment for the purpose of the management of specific functions of JCU;
e) to act as a holding entity or trustee for specific activities of JCU; and
f) to assist JCU in its objectives as contemplated by section 61 of the JCU Act.
2. Acquisitions of an Interest in an Entity
2.1 Subject to clause 8.1, Acquisitions of an Interest in an Entity (whether a Controlled Interest or a Non-Controlled Interest) require the prior approval of Council.
2.2 For the avoidance of doubt, any increase in the size of an Interest in an Entity also requires approval of Council.
2.3 All applications to Council for approval under this policy should where ever possible include the following information:
a) the reason for the Acquisition;
b) the background circumstances and the proposed JCU interest;
c) the business case for the Acquisition;
d) any relevant due diligence process carried out or to be carried out;
e) risk assessment, including workplace health and safety, which has been or will be carried out;
f) the benefit to JCU of the Acquisition;
g) key documents;
h) relevant financial information including the most recent financial statements and or budgets;
i) relevant commercial considerations;
j) an overview of the structure of the Entity and its Board;
k) an overview of the existing and /or proposed membership of the Entity and its Board;
l) consideration of academic, student related, human resources or quality assurance issues;
m) matters relating to intellectual property;
n) matters relating to JCU corporate identifiers and their use, if any;
o) the Entity name;
p) dispute resolution procedures;
q) other governance related matters.
3. Disposal of an Interest in an Entity
3.1 All Disposals of an Interest in an Entity, (whether a Controlled Interest or a Non-Controlled Interest) require the prior approval of Council.
3.2 The Vice Chancellor may refer any proposed Disposal to Finance Committee or Council for comment.
3.3 The Vice Chancellor shall report to Council on all Disposals or proposed Disposals in accordance with this policy including the reasons and background circumstances for the Disposal or proposed Disposal.
3.4 This clause takes effect subject to clause 8.1.
4. Negotiations for Acquisitions and Disposal of an Interest
4.1 Each of the Vice Chancellor and the DVC SR may authorise JCU officers to negotiate with third parties in relation to a proposed Acquisition or Disposal on the basis that-
a) such officers keep the Vice Chancellor or the DVC SR (as the case may be) informed; and
b) the requirements of this Policy are complied with.
5. Constitution and Trust Deeds for Entities
5.1 The terms of Foundation Documents for Controlled Entities must be approved by Council.
5.2 The terms of Foundation Documents (and any amendments) for Non-Controlled Entities must be approved by the DVC SR;
5.3 Amendments to Foundation Documents for Controlled Entities must be approved by Council.
6. Boards
6.1 Unless a Foundation Document otherwise provides, all Board members who are representatives of JCU must hold a Certificate of Approval from the Vice Chancellor which may be withdrawn at any time at the discretion of the Vice Chancellor. In the case of Entities which include or will include the Vice Chancellor, this requirement is met if the Certificate of Approval for the Vice Chancellor is signed by the Chancellor.
7. Oversight of JCU Controlled and Non-Controlled Entities
7.1 Council is responsible to ensure that-
a) the Board of Controlled Entities possess the skills, knowledge and experience necessary to provide proper stewardship and control of the Entities;
b) the Board of Controlled Entities contains members who are not members of Council, JCU officers or a student of JCU;
c) each Controlled Entity reports on, and updates JCU annually, on its long term objectives including an annual business plan containing achievable and measureable performance targets and milestones;
d) each Entity adopts and regularly evaluates a written statement of its own governance principles;
e) each Entity has a clear corporate and business strategy – which may be contained in a business plan.
7.2 Council is responsible to-
a) assess risks in all Controlled Entities;
b) where ever possible ensure that it obtains an auditor’s report for JCU’s interests in Non-Controlled Entities (refer also clause 9).
7.3 The shareholder of the Non-Controlled Entity is responsible to assess risks in Non-Controlled Entities using information available to it, including via any director of the entity who is a JCU employee.
7.4 Subject to clauses 7.1 and 7.2, oversight of JCU Controlled Entities and JCU Non-Controlled Entities rests with the DVC SR
7.5 The Companies Coordinator is responsible for maintaining a register of JCU’s interests in all Entities.
8. Companies Limited by Guarantee/ Incorporated Association
8.1 The Vice Chancellor may approve JCU becoming a member of a Company Limited by Guarantee or an Incorporated Association where-
a) the company or association will be a Non-Controlled Entity; and
b) there is no financial commitment on the part of JCU to fund the operations or capital of the company (other than any agreement to pay for services provided by the company to JCU).
8.2 In cases where the Vice Chancellor has approved JCU becoming a member of a Company Limited by Guarantee or an Incorporated Association, the Vice Chancellor may approve JCU ceasing to be a member of such company or association.
8.3 In cases where there is a financial commitment on the part of JCU to fund the operations or capital of the company, then approval of Council is required.
9. Audit
9.1 All Controlled Entities must be audited by Queensland Audit Office or by other arrangements approved by Queensland Audit Office.
10. Affiliated Companies
10.1 The Vice Chancellor may request an employee of JCU to become a director of a company or like entity, regardless of whether JCU has a shareholding or financial interest in the company or entity, where it is considered to be in the interests of JCU that this should occur.
Related documents, legislation or JCU Statutes
James Cook University Act 1997
Statutory Bodies Financial Arrangements Act
Approval Details
Policy sponsor: | Vice Chancellor |
---|---|
Approval authority: | Council |
Version no: | 17-1 |
Date for next review: | 07/12/2020 |
Modification History
Version no. | Approval date | Implementation date | Details | Author |
---|---|---|---|---|
17-1 | 07/12/2017 | 19/02/2018 | Minor amendments to include recognition of an ‘Affiliated Company’. | Executive Advisor, Strategic Projects |
15-1 | 24/08/2015 | 24/08/2015 | Policy sponsor and approval authority amended in accordance with the approved Policy and Delegations Framework Author: Quality, Standards and Policy Office | |
13-2 | 27/03/2013 | 28/03/2013 | ‘Interim’ removed from title and amendments to 2.3 (e) and to Clause 3 (3.1) approved by Council 28/02/2013 | |
13-1 | 02/01/2013 | 03/01/2013 | New policy approved by the Vice-Chancellor as an Interim Policy |
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