Policy overview
1 Purpose
To establish the role and responsibilities of the Legal Office.
2 Scope
This policy applies to all Employees.
3 Policy Statement
The Legal Office assists the University to meet Regulatory Compliance Obligations, comply with University Policies and to accomplish strategic and operational goals.
This policy outlines the types of legal services available to the University. For guidance on how to use these services, refer to the Legal Services Procedure.
4 Principles
4.1 Exclusive client
The Legal Office represents and acts in the interests of the University.
The Legal Office may only be engaged on legal matters concerning the University. The Legal Office cannot provide advice or assistance in relation to personal matters or in relation to a complaint, dispute, claim or other matter raised by a person against the University, including such matters which arise out of their employment by, engagement with, or enrolment at the University.
4.2 Responsibilities of University Lawyers
University Lawyers are independent legal advisors to the University and generally do not act as Decision-makers on University matters.
The Legal Office is rarely the owner or sponsor of a University transaction or activity and accordingly does not make any commercial, business or strategic Decision about the advisability or commercial merits of the proposed action or transaction.
The Legal Office will from time to time facilitate the engagement of External Lawyers to provide specialist legal services.
4.3 Legal Services
The Legal Office provides all of the services listed in the Legal Services Procedure, including but not limited to:
- general legal advice, such as relating to legislative obligations;
- litigation and dispute resolution; and
- advice on University agreements or contracts, including the preparation of terms and conditions which are compliant with law, and advising how to express the commercial terms directed by the Decision-maker in a way that is legally enforceable.
5 References
Nil.
6 Schedules
This policy must be read in conjunction with its subordinate schedules as provided in the table below.
7 Policy Information
| Accountable Officer | General Counsel |
| Responsible Officer | General Counsel |
| Policy Type | Executive Policy |
| Policy Suite | |
| Subordinate Schedules | |
| Approved Date | 23/4/2024 |
| Effective Date | 23/4/2024 |
| Review Date | 23/4/2029 |
| Relevant Legislation | Civil Proceedings Act 2011 (Qld) Competition and Consumer Act 2010 (Cth) Freedom of Information Act 1982 (Cth) Information Privacy Act 2009 (Qld) Legal Profession Act 2007 (Qld) Public Sector Ethics Act 1994 (Qld) Right to Information Act 2009 (Qld) University of Southern Queensland Act 1998 (Qld) Work Health and Safety Act 2011 (Qld) Queensland Law Society Australian Solicitors Conduct Rules 2012 |
| Policy Exceptions | |
| Related Policies | Access to Information Policy (under development) Enterprise Risk Management Policy Information Privacy Policy (under development) Records and Information Management Policy |
| Related Procedures | Access to Information Procedure (under development) Information Privacy Procedure (under development) |
| Related forms, publications and websites | |
| Definitions | Terms defined in the Definitions Dictionary |
| The 'Open Windows' system approved by the University to facilitate contract initiation, registration and management activities....moreThe 'Open Windows' system approved by the University to facilitate contract initiation, registration and management activities. A determination made by an Employee, contractor or other authorised delegate in the course of their duties on behalf of the University....moreA determination made by an Employee, contractor or other authorised delegate in the course of their duties on behalf of the University. A person employed by the University and whose conditions of employment are covered by the Enterprise Agreement and includes persons employed on a continuing, fixed term or casual basis. Employees also include senior Employees whose conditions of employment are covered by a written agreement or contract with the University....moreA person employed by the University and whose conditions of employment are covered by the Enterprise Agreement and includes persons employed on a continuing, fixed term or casual basis. Employees also include senior Employees whose conditions of employment are covered by a written agreement or contract with the University. A lawyer who is not a University Employee and who is engaged by the Legal Office to act on behalf of the University to provide legal services....moreA lawyer who is not a University Employee and who is engaged by the Legal Office to act on behalf of the University to provide legal services. Regulatory Compliance Obligation An external obligation provided in Regulatory Compliance Instruments....moreAn external obligation provided in Regulatory Compliance Instruments. A person who is enrolled in a UniSQ Upskill Course or who is admitted to an Award Program or Non-Award Program offered by the University and is: currently enrolled in one or more Courses or study units; or not currently enrolled but is on an approved Leave of Absence or whose admission has not been cancelled....moreA person who is enrolled in a UniSQ Upskill Course or who is admitted to an Award Program or Non-Award Program offered by the University and is: currently enrolled in one or more Courses or study units; or not currently enrolled but is on an approved Leave of Absence or whose admission has not been cancelled. The term 'University' or 'UniSQ' means the University of Southern Queensland....moreThe term 'University' or 'UniSQ' means the University of Southern Queensland. A standard contract document which has been approved by the Legal Office for use by the University for particular designated transactions....moreA standard contract document which has been approved by the Legal Office for use by the University for particular designated transactions. Persons who include: Employees of the University whose conditions of employment are covered by the UniSQ Enterprise Agreement whether full time or fractional, continuing, fixed-term or casual, including senior Employees whose conditions of employment are covered by a written agreement or contract with the University; members of the University Council and University Committees; visiti...morePersons who include: Employees of the University whose conditions of employment are covered by the UniSQ Enterprise Agreement whether full time or fractional, continuing, fixed-term or casual, including senior Employees whose conditions of employment are covered by a written agreement or contract with the University; members of the University Council and University Committees; visiting, honorary and adjunct appointees; volunteers who contribute to University activities or who act on behalf of the University; and individuals who are granted access to University facilities or who are engaged in providing services to the University, such as contractors or consultants, where applicable. The person bearing the title of Vice-Chancellor and President, or as otherwise defined in the University of Southern Queensland Act 1998, including a person acting in that position....moreThe person bearing the title of Vice-Chancellor and President, or as otherwise defined in the University of Southern Queensland Act 1998, including a person acting in that position. | |
| Definitions that relate to this policy only | |
| Legal Office Means the office of Legal Services within the Enterprise Services Division of the University. University Lawyers Means Employees who are qualified lawyers who have been employed to work within Legal Services. | |
| Keywords | |
| Record No | 14/2551PL |