Status and Details
This page contains information about the status, approval and a summary of the changes from the previous version of the document. Please note that the Unit Head listed on this page is the current owner of this policy and may not reflect the University position/staff member who owned this policy at the time of publication.
11 March 2015 - updated the document to delete redundant position title 'Deputy Vice-Chancellor and University Provost' and replace with 'Vice-President, Finance and Resources'; amend position title 'General Counsel' to 'University Secretary and General Counsel'; and delete reference to the 'Handling of Allegations of a Serious Nature in Relation to University Entities Policy' which was never developed or published.Commercial Activities Guidelines
Status
Historic
Indicates if this version of the document is in effect (Current), yet to come into effect (Future), or expired (Historic).
Effective Date
5th February 2015
This is the date on which this version of the document came into effect.
Review Date
5th October 2017
The next review of this document is scheduled to commence on this date.
Approval Authority
Board of Trustees
The noted authority approved this is version of the document.
Approval Date
3rd February 2015
This is the date on which this version of the document was approved by the authorised authority.
Expiry Date
31st December 2015
This is the date on which this version expires. It may still apply, conditionally, after this date.
Unit Head
Bill Parasiris
Vice-President, Operations and Commercial
45701859
This is the officer generally responsible for day to day administrative matters.
Author
Jerry Koleth
This is the author of record for this version of the document.
Enquiries Contact
Gregory Webber
Commercial Manager
45701852
General enquiries should be directed to the officer/area listed.
Summary of Changes from Previous Version
1. Interpretation (Clause 1):
Amended and inserted underlined phrases below:
(b) (i) The establishment and operations of all controlled entities including partnerships, trusts, companies and joint ventures whether in the exercise of a commercial function of the University or not.
Deleted:
(b) (iii) All domestic (onshore) teaching arrangements where teaching is delivered on a fee paying basis, including both award and non - award teaching.
Amended and inserted underlined phrases below:
(b)(vii) Any other Memorandum of Understanding, Agreement, Licence Agreement, or other commercial agreement entered into where revenue or contribution by the University will exceed an amount of $100,000 per annum in any one year except for investment in community engagement.
(b)(viii) Consulting which means "the purchase by external agencies of (a) the skills and expertise of University staff and/or (b) access to University equipment or facilities to work on a specific project "
Inserted underlined phrase below:
(c)(vii) Even when a commercial activity exists primarily for the purpose of providing
facilities for students and staff it may be a commercial activity or may contain a significant commercial component that should be subject to these Guidelines.
The above excludes investment in community engagement activities.
"community engagement" means activities to develop and provide cultural, sporting, professional, technical and vocational services to the community which contribute to the social, economic and/or intellectual life of the University and Greater Western Sydney. These activities promote the interests of the University but may not offer a commercial return.
2. Evaluation of a Proposal (Clause 3):
Inserted underlined phrases below:
Where the proposed activity is consulting, then such activities will be marginally costed i.e. direct revenues and costs only will be considered in the feasibility analysis if cash inflows or outflows are less than $100k per project but will be fully costed above this threshold.
Please refer to Schedule 1 which provides procedures for documentation and evaluation of a proposal.
3. Schedule 1:
Inserted underlined phrases below:
SCHEDULE 1: DOCUMENTATION AND EVALUATION OF THE VIABILITY OF A COMMERCIAL ACTIVITY
4. Documentation requirements of proposal
Where a proposal is assessed as financially viable, the proposed transaction should be documented with the following information provided as a guide:
(a) names and status of the parties (including ABN numbers);
(b) description or specification of the activity to be undertaken;
(c) start and end date for the activity (including any option periods for renewal);
(d) what each party is required to do in relation to that activity, including any milestones or deadlines;
(e) rights of each,party (including default obligations and rights);
(f) liability limits of parties - actual or contingent;
(g) ownership, use or exploitation of any assets created out of that activity (including intellectual property rights);
(h) accounting, auditing, reporting and record keeping procedures;
(i) appropriate procedures for and on termination of the commercial activity (whether by notice or breach);
(j) insurance of risks;
(k) confidentiality requirements including obtaining any third party consents to the inclusion of such information as may be considered on the Commercial Activities Register and,
(l) any other matters that the Chief Financial Officer, General Counsel or other professional or legal advisor recommend should be dealt with in the transaction documents
APPENDIX 2
Proposed Metrics for Community Engagement Activities
Requests for funding and investment in Community Engagement Activities should identify which of the following metrics the activity will impact and should estimate the proposed impact of the activity. This will contribute to the evaluation of the proposed project and will form part of the ongoing review and assessment as to the success and value of the project to UWS.
1. Brand recognition
2. Media mentions
3. Number of new start-up companies in GWS Local Government Area's (LGA's)
4. Movement in company failures in LGA's
5. Education participation rate in LGA's
6. Employment/Unemployment rates by bands in LGA's
7. Key medical metrics in LGA's
8. Research publications relating to and based upon data gathered within LGA's
9. Community Partnerships/Relationships
10. Year 12 Completion Rate
11. Undergraduate Student numbers
12. Post graduate Student numbers
13. International Student numbers
14. Small business Start-up success rates
15. Research Joint Ventures
16. Commercial Joint Ventures
17. Engaging LGA's and Commercial Enterprises
Clauses Amended
Policy: All
Procedure: All