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Compliance Policy - University of New England

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<strong>University</strong> <strong>of</strong> <strong>New</strong> <strong>England</strong><br />

<strong>Compliance</strong> <strong>Policy</strong><br />

Document type:<br />

<strong>Policy</strong><br />

Administering entity:<br />

Audit and Risk Directorate<br />

TRIM Reference: D09/85794<br />

Date approved: 24 th August 2012<br />

Approved by:<br />

Council<br />

Indicative time for review:<br />

2 years from approval date<br />

Responsibility for review:<br />

Audit and Risk Directorate<br />

Related policies or other documents: Australian Standard AS3806-2006<br />

<strong>Compliance</strong> programs<br />

Risk Management <strong>Policy</strong> and Procedures<br />

<strong>Compliance</strong> Management Framework and<br />

Procedures<br />

Code <strong>of</strong> Conduct<br />

Rationale and Scope<br />

The purpose <strong>of</strong> this policy is to:<br />

demonstrate UNE’s commitment to effective compliance that permeates the whole<br />

<strong>of</strong> the <strong>University</strong>,<br />

provide a uniform approach to ensure compliance with all laws, regulations,<br />

industry requirements and internal policies and procedures, that impact on the<br />

day-to-day activities <strong>of</strong> the <strong>University</strong>,<br />

to promote a culture <strong>of</strong> compliance, and<br />

address the key strategic risk <strong>of</strong> legal and legislative environment as it applies to<br />

the <strong>University</strong>’s business objectives.<br />

This policy applies to:<br />

All UNE staff, students, controlled entities, <strong>University</strong> associates, and any person<br />

participating in <strong>University</strong> business or activities, whether as a visitor, adjunct<br />

appointee, service provider or contractor.<br />

All the <strong>University</strong>’s campuses and education centres.<br />

Principles<br />

Australian Standard AS 3806-2006 provides principles for the development,<br />

implementation and maintenance <strong>of</strong> effective compliance programs. These principles<br />

are:<br />

1. Commitment by the governing body and top management to effective compliance<br />

that permeates the whole organisation.<br />

2. The compliance policy is aligned to the organisation’s strategy and business<br />

objectives, and is endorsed by the governing body.<br />

<strong>Compliance</strong> <strong>Policy</strong>


Page 2 <strong>of</strong> 3<br />

3. Appropriate resources are allocated to develop, implement, maintain and improve<br />

the compliance program.<br />

4. The objectives and strategy <strong>of</strong> the compliance program are endorsed by the<br />

governing body and top management.<br />

5. <strong>Compliance</strong> obligations are identified and assessed.<br />

6. Responsibility for compliant outcomes is clearly articulated and assigned.<br />

7. Competence and training needs are identified and addressed to enable employees<br />

to fulfil their compliance obligations.<br />

8. Behaviours that create and support compliance are encouraged and behaviours<br />

that compromise compliance are not tolerated.<br />

9. Controls are in place to manage the identified compliance obligations and achieve<br />

desired behaviours.<br />

10. Performance <strong>of</strong> the compliance program is monitored, measured and reported.<br />

11. The organisation is able to demonstrate its compliance program through both<br />

documentation and practice.<br />

12. The compliance program is regularly reviewed and continually improved<br />

<strong>Policy</strong><br />

All staff, students and associates are responsible for behaving in a manner that<br />

creates and supports compliance, and ensuring their activities on behalf <strong>of</strong> the<br />

<strong>University</strong> comply will all applicable laws, regulations and <strong>University</strong> policies.<br />

All employees <strong>of</strong> the <strong>University</strong> have a responsibility to undertake their duties in<br />

accordance with the <strong>Compliance</strong> Management Framework and Procedures.<br />

The UNE Council is accountable for approving the compliance management<br />

framework, maintaining an effective management capability, and ensuring all<br />

compliance risks associated with the <strong>University</strong> is objectives are effectively<br />

managed.<br />

The Vice-Chancellor is responsible for ensuring there is an effective compliance<br />

management framework and operating procedures in place; and is accountable for<br />

the regular review <strong>of</strong> the adequacy and performance <strong>of</strong> the framework in<br />

managing compliance, and reporting <strong>of</strong> any significant compliance breaches.<br />

Executive Management is responsible for the effective management <strong>of</strong>, and<br />

compliance with, all applicable regulatory and business compliance requirements<br />

<strong>of</strong> the <strong>University</strong>, including ensuring all breaches are managed and reported<br />

appropriately.<br />

Managers have a duty to uphold and monitor compliance within their areas <strong>of</strong><br />

responsibility, and to ensure that staff who report to them receive necessary<br />

training and instructions to enable them to fulfil their compliance obligations.<br />

The Vice-Chancellor, as chief executive <strong>of</strong>ficer, is responsible for ensuring<br />

appropriate resources are allocated to develop, implement, maintain and improve<br />

the compliance program.<br />

Where necessary, the <strong>University</strong> will issue its own policies and procedures to raise<br />

awareness <strong>of</strong>, and give effect to, legal requirements that are binding on the<br />

<strong>University</strong>.<br />

<strong>Compliance</strong> <strong>Policy</strong>


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The controls and compliance processes the <strong>University</strong> puts in place will be<br />

proportionate to the level <strong>of</strong> risk that the <strong>University</strong> faces in relations to a<br />

particular piece <strong>of</strong> legislation.<br />

Any breach <strong>of</strong> the <strong>University</strong>’s legislative obligations may result in legal action<br />

against the <strong>University</strong>. A breach by a member <strong>of</strong> staff may also result in<br />

disciplinary action in accordance with the provisions set out in the relevant<br />

enterprise agreement or employment contract.<br />

Procedures<br />

<strong>Compliance</strong> procedures are set out in the <strong>Compliance</strong> Management Framework<br />

and Procedures.<br />

Academic compliance requirements are set out in the Academic Board Policies<br />

and Procedures.<br />

Approval signature<br />

Chancellor<br />

ANNEXURES: (not subject to approval above)<br />

<strong>Compliance</strong> <strong>Policy</strong>

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