Policy without (much) pain - University of Ballarat

Policy without (much) pain5. Legal and governance issuesAs stated in section 2 Disclaimer, staff developing and managing institutional policy are advisedto consult the institution’s legal advisers in relation to each policy project, to ensure that the policyis consistent with the institution’s governing legislation. This section is essentially a warning to dothat. It also, however, sets out some key points in this area derived from a reading ofAdministrative Power and the Law, aAn administrative decision isa decision made using publicpower…. staff and committeesmake administrative decisionswhich affect members of thepublic, and with which theymay be dissatisfied.handbook by Fiona McKenzie, a Victorianbarrister specialising in administrative law (seesection 25 Resources). This is a thoughtprovokingwork for institutional policymanagers.Administrative law is the area of law thatconcerns administrative decisions and legalchallenges to them. An administrative decisionis a decision made using public power – powerconferred by Parliament through legislation.Universities, polytechnics and TAFEs are public institutions, partially funded by the taxpayer.Their staff and committees make administrative decisions which affect members of the public,and with which they may be dissatisfied.For example, a student may be unhappy with a decision to: decline to grant them credit for previous study award them a failing grade refuse to award them a degree if they are considered not to have completed courserequirements exclude them from the institution for unsatisfactory progress or a breach of discipline.~ 10 ~