Higher Education Focus

November 2011

In this edition

Reforms to the not for profit sector and the impact on higher education entities

Public universities in Australia are endorsed as charitable institutions, and many of their subsidiaries and other related entities (such as incorporated co-operative research centres) are also structured as not for profit entities and/or charities. All of these entities will be affected by legislative reforms to the not for profit and charitable sector which the federal government announced earlier this year.

Court orders: how to deal with unwelcome conduct

Higher Education institutions sometimes find themselves in the difficult position of having to manage situations where the actions of former or current students cause existing employees or students to fear physical or mental harm.

New NSW development approvals regime for educational establishments

The NSW Government has made good on one of its election promises by repealing Part 3A of the Environmental Planning and Assessment Act 1979 (Planning Act) and introducing two new planning approval regimes for state significant development (SSD) and state significant infrastructure (SSI). The legislation commenced on 1 October 2011 and a summary of the new approval process for building projects is outlined below.

Australian international sanctions: risks and compliance issues for universities

The exposure of the higher education sector to Australia's international sanctions was highlighted in mid-2010 when a student determined to be the daughter of a Burmese general was deported. Although, in that case, the university itself bore little responsibility under the Australian sanctions in place at that time, the case brings into focus a range of obligations for universities in this area.