52OUR CORPORATE GOVERNANCEMS NARELLE PEARSENarelle is the Chief Executive Offi cer of the Mackay Whitsunday Regional Economic Development Corporation. She is a wellcredentialednegotiator with a commitment to working collaboratively to manage the impact of economic development on keyindustries in the region. In 2008 she participated in Australia’s 2020 summit as part of the Future Direction of the AustralianEconomy stream.MR PETER CORONES AMPeter is an experienced businessman who has spent many years in local government roles, including serving as Mayor ofGladstone City for 14 years. He has a wealth of experience and knowledge in industrial development, tourism, education andtraining and environmental responsibility. Peter was the Director of the Committee that formed Gladstone Area Promotion andDevelopment Limited.MR TIM GRIFFIN OAMTim is a qualifi ed engineer with a background that includes utility infrastructure management, performanceassessment and capital sustainability. In 2007 Tim was awarded the Order of Australia (OAM) for his services toengineering and to the Association that represents the interests of over 42 000 professional engineers, scientists andmanagers in Australia (APESMA).MR GRAHAM CARPENTERGraham is a chartered accountant and former partner of BDO, a firm for which he continues to provide consulting services. He isa board member and also chairs a number of audit / compliance / risk committees within <strong>Queensland</strong> government departmentsand for local government entities. Graham’s other past experience includes senior positions with <strong>Queensland</strong> and VictorianTreasuries and as Northern Territory Auditor-General. He brings financial management, audit and risk expertise as well asexperience with corporate governance.DR JOHN FITZSIMMONSJohn is the elected Academic Staff representative on Council. He is a senior lecturer at <strong>CQ<strong>University</strong></strong> and teaches in literaryand cultural studies in the School of Education and the Arts. John’s academic expertise is in online learning, postmodern fictionand narrative theory. He is the <strong>CQ<strong>University</strong></strong> Branch President of the National Tertiary Education Union.MS JAN DAVISJan is the elected Professional Staff representative on Council. She is a senior internal auditor and holds a Bachelor ofBusiness (Accounting) from <strong>CQ<strong>University</strong></strong>. Jan’s position requires her to review the fi nancial controls of the <strong>University</strong>. Janalso is a certifi ed internal auditor with the Institute of Internal Auditors (Australia).MS CARYL TURPINCaryl is the Student Representative on Council. She completed her Bachelor of Learning Management (Early Childhood)with Distinction with <strong>CQ<strong>University</strong></strong> in 2005. Caryl is currently completing the third year of a Bachelor of Nursing degree.She will continue to work in both fi elds when she graduates.
<strong>CQ<strong>University</strong></strong> ANNUAL REPORT 201253VOLUNTARY CODE OFBEST PRACTICE FOR THEGOVERNANCE OF AUSTRALIANUNIVERSITIESThe <strong>University</strong> Council adopted the Voluntary Code of Best Practicefor the Governance of Australian Universities at its September 2011meeting. The purpose of the Code, and its 14 principles, is to ensuremembers of the Council have a good understanding of their roles andduties, and to foster transparency and accountability in the governancearrangements of the <strong>University</strong> by strengthening performanceevaluation practices. The <strong>University</strong> undertakes an annual reviewof its compliance with the Code to ensure ongoing compliance andfurther strengthening of governance practices. At 31 December 2012,the <strong>University</strong> continued to be compliant with the requirements of theCode, and had identifi ed two areas where further improvements couldbe made to enact the full spirit of the Code.FUNCTIONS ANDCONSTITUTIONSThe <strong>University</strong> is established and derives its functions and powers byvirtue of the <strong>Central</strong> <strong>Queensland</strong> <strong>University</strong> Act 1998 (the Act). The Actestablishes the <strong>University</strong> as a body corporate, with a seal. It may sueand be sued in its corporate name.FUNCTIONS OF THE UNIVERSITYSection 5 of the <strong>Central</strong> <strong>Queensland</strong> <strong>University</strong> Act 1998 outlines the<strong>University</strong>’s functions, which are:a. to provide education at university standardb. to provide facilities for, and encourage, study and researchc. to encourage the advancement and development of knowledge,and its application to government, industry, commerce and thecommunityd. to provide courses of study or instruction (at the levels ofachievement the council considers appropriate) to meet the needsof the communitye. to confer higher education awardsf. to disseminate knowledge and promote scholarshipg. to provide facilities and resources for the wellbeing of theuniversity’s staff, students and other persons undertaking coursesat the universityh. to exploit commercially, for the university’s benefi t, a facility orresource of the university, including, for example, study, researchor knowledge, or the practical application of study, research orknowledge, belonging to the university, whether alone or withsomeone else, andi. to perform other functions given to the university under this oranother Act.CENTRAL QUEENSLAND UNIVERSITY ACT1998No changes were made to the <strong>Central</strong> <strong>Queensland</strong> <strong>University</strong>Act 1998 in 2012.STATUTORY OBLIGATIONSThe higher education sector is a dynamic environment, andcontinues to undergo significant legislative change that impactson the <strong>University</strong>. The <strong>University</strong>, through the <strong>University</strong> Secretary,continues to progress its compliance accountability framework toensure it meets its key obligations under those laws, regulations,codes and organisational standards that are applicable to<strong>CQ<strong>University</strong></strong>. <strong>Report</strong>ing of compliance practices and the keyrisks associated with non-compliance are presented to the Audit,Compliance and Risk Committee. The key statutory obligations areshown below.COMMISSION FOR CHILDREN AND YOUNGPEOPLE AND CHILD GUARDIAN ACT 2000The Commission for Children and Young People and ChildGuardian Act 2000 establishes a regime requiring all employeesand volunteers working with children and young people to obtaina Positive Suitability Notice (known as a Blue Card). <strong>CQ<strong>University</strong></strong>requires all staff in certain categories (such as Student Counseling)to hold Blue Cards as a condition of their employment.EDUCATION SERVICES FOR OVERSEAS STUDENTS(ESOS) ACT 2000 (CWLTH)Under the authority of the Commonwealth’s ESOS Act 2000, thereviewed and updated National Code of Practice for RegistrationAuthorities and Providers of Education and Training to OverseasStudents (The National Code) was implemented on 1 July 2007. The<strong>University</strong> made significant policy reviews at that time to ensurecompliance. The Code provides nationally consistent standards forthe conduct of registered higher education providers in relation to theprovision of education to international students and the registration oftheir courses.FINANCIAL ACCOUNTABILITY ACT 2009The <strong>University</strong> continues to monitor compliance with the FinancialAccountability Act 2009 and the related Financial and PerformanceManagement Standard 2009. Internal Audit performs a review offinancial policies and procedures on a quadrennial basis to assure theAudit, Compliance and Risk Committee of Council that the <strong>University</strong> iscompliant with the legislation.PUBLIC INTEREST DISCLOSURE ACT 2010This Act came into effect on 1 January 2011, replacing theWhistleblowers Protection Act 1994. The Public Interest Disclosure Actrequires disclosures to be reported to the Public Service Commission,rather than in our <strong>Annual</strong> <strong>Report</strong>.PUBLIC SECTOR ETHICS ACT 1994The <strong>CQ<strong>University</strong></strong> Code of Conduct reaffirms the <strong>University</strong>’s commitmentto the ethical principles set out in the <strong>Queensland</strong> Public Sector EthicsAct 1994. The Code goes beyond the Act’s emphasis on good publicadministration to demonstrate how ethical principles are fundamentalOUR CORPORATE GOVERNANCE