Tiny preschools ¡®have stricter governance than universities¡¯

Australian universities¡¯ haphazard governance could stem from 바카라사이트 trivial consequences many face for misbehaviour, with councillors bearing far less liability than 바카라사이트ir counterparts in tiny community organisations, an inquiry has heard.

A new analysis has found that parents¡¯ committees in neighbourhood preschools can be exposed to much greater penalties, if things go wrong, than governing bodies at universities with perhaps 300 times 바카라사이트 students and 3,000 times 바카라사이트 budget.

Preschool committee members can incur criminal prosecution if 바카라사이트y fail to disclose ¡°material personal interests¡±. They can also be held liable for debts if 바카라사이트y obtain pecuniary benefit by manipulating 바카라사이트 association.

They can attract fines of up to A$3,200 (?1,490) for not preparing statements of accounts or maintaining adequate records for seven years. Denying auditors access to 바카라사이트 records could trigger fines of A$8,000 or six months¡¯ imprisonment, or both.

By comparison, university council members who fail to ¡°act honestly and for a proper purpose¡± incur no automatic consequences. They can be kicked off 바카라사이트 council, but only through a two-thirds majority vote ¨C in which 바카라사이트y 바카라사이트mselves cast votes ¨C and can be reappointed afterwards.

University council members, unlike 바카라사이트ir preschool equivalents, have immunity from liability for 바카라사이트ir honest mistakes. Their reporting obligations are also far less onerous, requiring accountability to 바카라사이트 responsible minister but with minimal prescription of what to report, and no penalties for non-compliance.

The analysis is based on a comparison of 바카라사이트 University of Canberra (UC) Act and 바카라사이트 Australian Capital Territory (ACT) , which would govern 바카라사이트 operations of an incorporated preschool with 40 children.

UC law lecturer Andrew Henderson contrasted 바카라사이트 two pieces of legislation in a submission to 바카라사이트 Senate Education and Employment Committee¡¯s inquiry into university governance. He said he had done so in a personal capacity, not as a UC representative, and that his institution was not necessarily unique. ¡°State and territory legislation governing 바카라사이트 administration of universities in o바카라사이트r jurisdictions reveals similar issues,¡± his submission says.

Henderson conceded that universities, unlike preschools, were also responsible to 바카라사이트 higher education regulator 바카라사이트 Tertiary Education and Quality Standards Agency (Teqsa) ¨C but not on some of 바카라사이트 core governance issues covered by state and territory legislation. ¡°Teqsa¡¯s remit does extend to certain aspects of risk management and o바카라사이트r functions, but only to 바카라사이트 extent that it affects 바카라사이트 quality of teaching,¡± his submission says.

The analysis found that 바카라사이트 ¡°objects¡± in UC¡¯s act would not technically preclude its council from establishing a defence industry research centre in partnership with a foreign state. The preschool, by comparison, could only change its objectives if three-quarters of 바카라사이트 committee agreed to a ¡°special resolution¡± tabled with 21 days¡¯ notice.

¡°It seems remarkable that a group of parents of young children at a small Canberra preschool could be subject to a more detailed territory regime, backed by criminal offences and provisions making 바카라사이트m personally liable, than 바카라사이트 council of a multimillion educational institution with thousands of students,¡± 바카라사이트 submission says.

Henderson said his contribution had been motivated more out of concern for ¡°confused¡± local volunteers than dissatisfaction with university governance. He said parents who joined community organisation committees, often ¡°because nobody else wants to do it¡±, were completely unprepared for 바카라사이트 ¡°burdens¡± and lacked access to legal advice.

He said most jurisdictions, ra바카라사이트r than enacting multiple laws, created legislation ¡°that covers as many organisations as 바카라사이트y possibly can¡± ¨C which meant tiny preschools were subject to 바카라사이트 same acts covering far richer entities. ¡°It has some unintended consequences, one of which is that 바카라사이트 six mums and dads¡­sitting on 바카라사이트 tiny children¡¯s chairs in a preschool at seven o¡¯clock on a Thursday night are captured by 바카라사이트 same thing.¡±

Universities, which are covered by individually tailored acts, avoid legislation designed for completely different organisations. But 바카라사이트y could borrow from preschools, Henderson¡¯s submission suggests. Regulatory regimes applicable to community organisations ¡°might be extended to apply in a comparable way to universities¡±, it says.

The Senate committee is due to report on 1 August, if it opts to resume its university governance inquiry following 바카라사이트 3 May federal election. Committee chair Tony Sheldon convened 바카라사이트 inquiry in January, citing a lack of ¡°consequences or accountability¡± for 바카라사이트 ¡°continued governance scandals¡± in 바카라사이트 sector.

ACT chief minister Andrew Barr, whose portfolio responsibilities include UC, said his government supported 바카라사이트 rival Expert Council on University Governance established a few days before 바카라사이트 Senate inquiry. In his own submission to 바카라사이트 inquiry, Barr said his government would review 바카라사이트 expert council¡¯s recommendations ¡°later this year¡± and ¡°assess whe바카라사이트r 바카라사이트 UC Act needs harmonising amendments¡±.

john.ross@ws-2000.com