Legislation & Guidelines | Data Governance

The key legislative instruments governing Higher Education in Australia is as follows:

Higher Education Support (HESA) Act – link below also outlines TEQSA, Funding Act and associated guidelines

https://www.education.gov.au/higher-education-support-act-2003-and-guidelines

Education Services for Overseas Students (ESOS) Act

https://internationaleducation.gov.au/Regulatory-Information/Pages/Regulatoryinformation.aspx

The agreements between the Commonwealth Government, and Universities (and other higher education providers) are governed by Mission Based Compacts which inform the funding agreements for each University.

Compacts

https://www.education.gov.au/mission-based-compacts

Funding Agreements

https://www.education.gov.au/commonwealth-grant-scheme-cgs

UNSW Acts

UNSW is governed by its Act and By-Law under NSW legislation

Act: http://www.legislation.nsw.gov.au/#/view/act/1989/125

By-Law: http://www.legislation.nsw.gov.au/#/view/regulation/2005/632

More information is available from UNSW Legal

Legislation/ GuidelinesLocation

Privacy Act (1988)

http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/

Privacy and Personal Information Protection Act 1988

UNSW Privacy Management Plan

https://www.legal.unsw.edu.au/compliance/privacy/mgtplan.html

Health Records and Information Privacy Act 2002

· Health Records and Information Privacy Code of Practice 2005

· Health Records and Information Privacy Regulation 2012

Surveillance Devices Act 2007

http://www.austlii.edu.au/au/legis/nsw/consol_act/sda2007210/

UNSW Records and Archives Office

Recordkeeping Policyhttps://www.gs.unsw.edu.au/policy/recordkeeping.html

Electronic Recordkeeping Policyhttps://www.gs.unsw.edu.au/policy/erecordkeeping.html

Records Disposal Procedureshttps://www.recordkeeping.unsw.edu.au/Procedures/disposal.html#1

Australian Code for the Responsible Conduct of Research (2007)

https://www.nhmrc.gov.au/guidelines-publications/r39

State Records Act 1998 (NSW)

General retention and disposal authorities

GDA 8 - Video / Visual Surveillance Records

GDA 11 - Audio Visual Programs and Recordings

GDA 17 - Public Health Services: Patient/Client records

GDA 23 - University Records

GDA 28 - Administrative Records

GA 47 - Higher and further education records (latest)

https://www.records.nsw.gov.au/recordkeeping/rules/general-retention-and-disposal-authorities

GDA 23 - https://www.records.nsw.gov.au/node/8620896

GA 47 - https://www.records.nsw.gov.au/recordkeeping/education%3A-higher-and-further-education-records

Defence Trade Controls Act 2012