Document ID: chunk:federal_register_of_legislation:F2022C00105:reg:6:p1
Version: federal_register_of_legislation:F2022C00105
Segment Type: reg
Provision Reference: reg 6 (pt 1/3)
Character Range: 36671–39902

6              Governance and Accountability

6.1            Corporate Governance

1.         There is a formally constituted governing body, which includes independent members, that exercises competent governance oversight of and is accountable for all of the higher education provider's operations in or from Australia, including accountability for the award of higher education qualifications, for continuing to meet the requirements of the Higher Education Standards Framework and for the provider's representation of itself.

2.         Members of the governing body:

a.    are fit and proper persons, and

b.    meet the Australian residency requirements, if any, of the instrument under which the provider is established or incorporated, or otherwise there are at least two members of the governing body who are ordinarily resident in Australia.

3.         The governing body attends to governance functions and processes diligently and effectively, including:

a.    obtaining and using such information and advice, including independent advice and academic advice, as is necessary for informed and competent decision making and direction setting

b.    defining roles and delegating authority as is necessary for effective governance, policy development and management; and monitoring the implementation of those delegations

c.    confirming that the provision of higher education and research training and the conduct of research, whether by the provider or through an arrangement with another party, are governed by the registered provider's institutional policies, and the operations of the provider and any associated party(ies) are consistent with those policies

d.    undertaking periodic (at least every seven years) independent reviews of the effectiveness of the governing body and academic governance processes and ensuring that the findings of such reviews are considered by a competent body or officer(s) and that agreed actions are implemented, and

e.    maintaining a true record of the business of the governing body.

4.         The governing body takes steps to develop and maintain an institutional environment in which freedom of speech and academic freedom are upheld and protected, students and staff are treated equitably, the wellbeing of students and staff is fostered, informed decision making by students is supported and students have opportunities to participate in the deliberative and decision making processes of the higher education provider.

6.2            Corporate Monitoring and Accountability

1.         The provider is able to demonstrate, and the corporate governing body assures itself, that the provider is operating effectively and sustainably, including:

a.    the governing body and the entity comply with the requirements of the legislation under which the provider is established, recognised or incorporated, any other legislative requirements and the entity's constitution or equivalent

b.    the provider's future directions in higher education have been determined, realistic performance targets have been established, progress against targets is monitored and action is taken to correct underperformance

c.    the provider is financially viable and applies, and