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Cooling off Period for Car Purchase Contracts

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					State Acts relevant to RMIT
                                                                                                                                                                                                                                                     Staff         Penalties         Compliance
      Legislation                            Sections of the Act directly relevant to RMIT                                  Areas of potential compliance risk                 RMIT Processes Affected         Relevant Departments     Notes      involved         involved         Failure Risk
                                                                                                                                                                                                                                                 (likelihood)    (consequence)          Rating




State Legislation
                                                                                                                                                                                                                                                   High             Insured for
                                                                                                                                                                                                                                                number of         compensation
                       Make provision for effective occupational rehabilitation and return to work for injured   Payment of compensation to injured worker; Risk
                                                                                                                                                                                                                                                  people           payments.
                       workers; to provide adequate and just compensation for injured workers;                   assessments not undertaken to identify and remove
* Accident                                                                                                                                                                OHS hazard identification; return                                     potentially        Potential for
                       establishment of WorkCover Authority. Part IV Payment of Compensation                     hazards (may result in fines); employment of
Compensation Act                                                                                                                                                          to work processes; WorkCover        OHS; People & Culture              involved,           increased         Moderate
                       (entitlements, calculations, claims management etc); Part VI Occupational                 employee with previous injury history; poor injury
1985 (S)                                                                                                                                                                  insurance premium calculations;                                       procedures       premium & high
                       rehabilitation, return to work plans and risk management; Part VIII General, offences,    history increases WorkCover Premium calculations;
                                                                                                                                                                                                                                                in place to     level of regulator
                       fraud,                                                                                    perception of RMIT as 'unsafe place of work'
                                                                                                                                                                                                                                                  prevent          scrutiny etc.
                                                                                                                                                                                                                                                 (possible)         (moderate)




                       The Act relates to reviews that may be undertaken by various Tribunals of decisions       Risks are similar to all other Acts, particularly the
                                                                                                                                                                                                              Chancellery;
* Administration Law   made within RMIT under other legislation. Could involve breaches of duty of care, of      duty of care under other Acts - greatest risks
                                                                                                                                                                                                              University Secretariat;                                                     Low
Act 1978 (S)           breaches of duty etc. Relates to how the administration of other Acts or                  perhaps under OHS legislation. Risks involve
                                                                                                                                                                                                              Ombuds
                       responsibilities are undertaken within RMIT.                                              administrative processes and financial risks?




                       Part 3 Building Permits: s.16 building permit required; s.17 application for building
                       permit must be made through a Municipal Building Surveyor or registered private
                       building surveyor; s.21 Occupancy permit required before use (where applicable);
                       s.25B Restrictions on owner-builder - if more than $12,000 project needs a certificate    Not obtaining a building permit, If building work over
                       of consent (from Building Practitioners Board) or must use a registered builder; s.29A    $12,000 and not using a registered builder; Not                                                                                Low number
                       Demolition - Need a permit - may need Council consent under Planning &                    using a registered building surveyor; Occupation of    infrastructure capital works or                                            of staff   Low financial
                                                                                                                                                                                                              Property Services                                                           Low
                       Environment Act 1987 if more than half of the original building or facade involved.       building prior to obtaining an occupancy permit; non- planning;                                                                  involved   penalties (minor)
                       Part 4 Inspection of building work: s.33 Person in charge of work must notify relevant    compliance with directions resulting from a                                                                                      (unlikely)
                       building surveyor after completion of each mandatory stage; s.37 Must comply with         mandatory stage inspection.
                       directions as to work after inspections; Part 5 - Occupancy permits: s.39 If the
                       building permit requires an occupancy permit, the building must not be occupied until
                       permit has been issued; s.40 occupancy must be in accordance with the permit.


                        Part 5A Registration of cooling tower systems: s.75 cooling towers systems must be
                        registerd and renewed on an annual basis; s.75DCB If have multiple systems,
                                                                                                                 Public health and safety - contracting of disease
                        registration renewal dates can be synchronised; s.75DF Commission must be                                                                                                                                                             Major health
                                                                                                                 from cooling tower operations; poor maintenance
                        notified of changes in system or change in ownership; offence to provide false                                                                                                                                                       consequences,
                                                                                                                 processes; poor reporting and record-keeping
                        information. Part 5B Risk Mnagement plans for cooling tower systems: s.75EA RM                                                                                                                                          Low number reputational and
* Building Act 1993 (S)                                                                                          processes; Not keeping records for 7 years; Not          Cooling tower planning,
                        plan must exist at all times that the system is in operation; s.75EB RM plan must be                                                                                                                                       of staff    affects all of
                                                                                                                 undertaking a risk management plan and                   operation, maintenance and          Property Services                                                           High
                        reviewed at least annually or more often in certain circumstances (e.g. if legionella                                                                                                                                     involved     RMIT staff,
                                                                                                                 implementing required actions, not reviewing risk        reporting.
                        detected twice in 12 months); Service records must be kept for a minimum of 7                                                                                                                                             (unlikely)  students and
                                                                                                                 management plan annually; not undertaking
                        years. RM plan and records must be kept at the building in which the system is                                                                                                                                                            visitors
                                                                                                                 external audit of risk management plan; using
                        located; RM plan must be audited by approved auditor annually and a prescribed                                                                                                                                                        (Outstanding)
                                                                                                                 internal auditor for audit process.
                        certificate provided; An auditor cannot be an interested person or an employee of the
                        interested party to avoid conflicts of interest.
                       Part 7 Protection of adjoining property: s.84 Owner, where necessary, must serve on
                       the owner of the adjoining property and the relevant building survey a notice of the
                                                                                                                 Non servicing of protection order; Ignoring                                                                                    Low number
                       proposed works; s,88 work not to be carried out until protection requirements met;
                                                                                                                 objections; non-payment of relevant costs and            infrastructure capital works or                                          of staff   Low financial
                       s.89 exceptions exist for emergency protection works; s.97 Owner must pay to the                                                                                                       Property Services                                                           Low
                                                                                                                 expenses or compensation; non-allowance of               planning;                                                               involved   penalties (minor)
                       adjoining owner all costs and expenses necessarily incurred in assessing protection
                                                                                                                 relevant costs etc in budget stage.                                                                                              (unlikely)
                       work etc. s.98 Compensation may be paid to adjoining owner for inconvenience,
                       loss or damage suffered;
                                                                                                                 Using non-registered plumbers or gas fitters;                                                                                                    Low financial
                                                                                                                                                                                                                                                Low number
                       Part 12A Plumbing works: If compliance certificate is required, work only to be           apprentice plumbers not taking out provisional                                                                                                  penalties, high
                                                                                                                                                                                                                                                   of staff
                       carried out by licensed or registered plumber or gasfitter. S221P provisional             registration; not obtaining compliance certificate for   TAFE training of plumbers           TAFE; SIEBS;                                           safety               High
                                                                                                                                                                                                                                                  involved
                       registrations available if training to be qualified;                                      works (warranty or insurance implications if problem                                                                                            consequences
                                                                                                                                                                                                                                                  (unlikely)
                                                                                                                 occurs);                                                                                                                                           (major)



                                                                                                                                                                                                                                                                       Document: e58b2ba9-31ef-4686-b05c-b397f84f9e0b.xls, State Acts
                                                                                                                                                                                                                                                                                                               Print Date: 7/22/2010
                                                                                                                                                                                                                                                                                                                         Page 1 of 8
State Acts relevant to RMIT
                       s.5 Business name needs to be registered; s.12 changes of particulars relating to a        Failure to register a business name (may not be
                       business name need to be reported (e.g. business address); s.13 duty to furnish            able to use that name or incur penalties for use); Not
                       information upon request; s.15 documents requiring signature under this act should         trading under a registered name will result in                                                                                            Low number
Business Names Act     be signed by a director or secretary authorised to sign such documentation; Fees to        penalties; not displaying a business name may incur Strategic planning; corporate           Chancellery,                                     of staff   Low financial
                                                                                                                                                                                                                                                                                                     Low
1962 (S)               be in a timely fashion (within 21 if new registration or deemed not to have been           penalties. Unauthorised persons signing                administration                       University Secretariat                          involved   penalties (minor)
                       received); s.17 original documents need to be retained for 7 years; s.20 Business          documentation. Penalties: Infringement notices;                                                                                             (unlikely)
                       name needs to be included in all documents and clearly displayed on the outside of         Misleading information max $6805; Non-retention of
                       relevant business trading buildings;                                                       records max $3400.




                       Part 3 Duties of land owners: land and water protection; not cause damage to other
                                                                                                                                                                                                                                                            Low number
* Catchment & Land     land; prevent growth of weeds; Part 4 – Catchment Planning: requirement for land
                                                                                                                  Non-compliance to notices served. Penalties apply.                                                                                           of staff   Low financial
Protection Act 1994    owners to comply with land use condition (penalties); Part 5 – owner may be served                                                                 Property or land maintenance        Property services                                                                      Low
                                                                                                                  $27,221                                                                                                                                     involved   penalties (minor)
(S)                    with a Land Management Notice if non-compliant. Part 8 – Noxious Weeds & Pest
                                                                                                                                                                                                                                                              (unlikely)
                       Animals - duties if served with notice.




                       Obligations to take human rights (20 contained within the Charter) into consideration
                       when making decisions, developing policies and providing services. Now unlawful                                                                                                                                                        All RMIT
                       for an agency (includes staff within that agency) to act in a way that is incompatible     No penalties under the Act, but litigation under other                                                                                      involved,
Charter of Human                                                                                                                                                                                                                        Specific training
                       with a human right; or in making a decision to fail to give proper consideration to a      statutes may also accommodate claims for rights                                                                                           high level of   No financial
Rights &                                                                                                                                                                                                      Legal Services; All       courses need to
                       relevant human right. This legislation is high level legislation, above all other state    infringements. Complaints can be made against          All processes within RMIT.                                                             public    penalties, affects      Moderate
Responsibilities Act                                                                                                                                                                                          Departments               be developed for
                       legislation, so all other state legislation must also be interpreted and acted upon in a   RMIT that would require investigation. Non-                                                                                               awareness all RMIT (minor)
2006 (S)                                                                                                                                                                                                                                this.
                       manner compatible with this Charter. Rights include the right to equality before the       compliance may result in image risks.                                                                                                        of rights
                       law, right to freedom of expression and movement, right to privacy, right to freedom                                                                                                                                                   (possible)
                       of religion and property rights, plus others.
                                                                                                                  Possession of child pornography; theft, fraud,
                       Part 1 Offences: Division 1-Offences against the person: homicide, treason, sexual
                                                                                                                  obtaining financial advantage by deception, false
                       offences, kidnapping, bigamy, abortion by unqualified person, child pornography
                                                                                                                  accounting, falsification of documents. Computer
                       (production or possession). Division 1A - Piracy. Division 2 - Theft & similar or
                                                                                                                  offences. Destruction of evidence. False                                                                                                  Any area or    Potentially high
                       associated offences: Theft, robbery, burglary, fraud & blackmail. S.84 Liability of
                                                                                                                  statements by company directors. Liability of senior                                                                                          staff         penalties,
                       senior officers for certain offences by a company; S.85 false statements by Company
Crimes Act 1958 (S)                                                                                               company officers if body corporate commits              All staff and processes             All departments                                 member       dependent upon
                       Directors; S.82 obtaining financial advantage by deception; S.83 false accounting;
                                                                                                                  offences of s.81 Obtaining property by deception;                                                                                          potentially      section -
                       S.83A falsification of documents. Division 3 - Criminal damage to property: general,
                                                                                                                  s.82 obtaining financial advantage by deception;                                                                                            involved      imprisonment
                       rioters, forcible entry, computer offences. Division 4 - contamination of goods.
                                                                                                                  s.83 false accounting - if committed with consent or
                       Division 5 - destruction of evidence. Division 6 - perjury. Division 7 - Unlawful oaths.
                                                                                                                  connivance etc; or in default of adequate
                       Division 8 - explosives. Division 9 - driving offences.
                                                                                                                  management.
                                                                                                                  Not keeping relevant information at licensed
                       Part 2 Inspectors and Enforcement; Div 3 Powers relating to entry of vehicles and                                                                                                                                                                    High financial
                                                                                                                  premises as required; non-reporting of accidents;       Research or teaching using          People & Culture                              Low number
                       other places; Part III Licenses; Part IV Information on dangerous goods at licensed                                                                                                                                                                  penalties, high
* Dangerous Goods                                                                                                 non-compliance with codes of practice or                dangerous goods; transport of       (OHS); Property                                  of staff
                       premises; Part V Accidents and Security: reportable accidents; Part VI Provisions                                                                                                                                                                        safety               High
Act 1985 (S)                                                                                                      regulations. Penalties: Injunctions, notices,           dangerous goods; storage of         Services; Research                              involved
                       relating to explosives and liquefied gases; Part VII Proceedings and enforcement;                                                                                                                                                                    consequences
                                                                                                                  prosecutions, license suspensions, financial: Max       dangerous goods                     schools                                         (unlikely)
                       Part VIII Regulations, Codes of Practice, Undertakings and advice on compliance.                                                                                                                                                                        (major)
                                                                                                                  $283,550 RMIT $$56,710 individual.
Drugs, Poisons &       Part II poisons and controlled substances: poisons code, list, requirements for
Controlled             labelling; Div 2 - authorised persons, chinese medicine; Div 4 - licensing; Div 8 -
Substances Act 1981    manufacture & sale; Div 10 - drugs of dependence (sched 8, 9, 4 poisons; record
(S)                    keeping); Part IV Deleterious (meths) substances, volatile substances.

                       Part 2 - Transactions concerning dutiable property; Need to notify Commissioner re
                                                                                                                  Failure to notify the commissioner of a change in
                       transactions; Part 5: exemptions - (transfers between superannuation funds,                                                                        Property sales or acquisitions;                                                   Low number
                                                                                                                  circumstances (penalties and any unpaid duty at
                       payments to beneficiaries) Part 6 - Tax Avoidance Schemes; Chapter 3 Certain                                                                       land sales or acquisitions; motor   Financial Services,                              of staff   Low financial
Duties Act 2000 (S)                                                                                               25% of the amount of duty in question); Submitting                                                                                                                                 Low
                       transactions treated as Transfers: Unit Trust schemes; Shares; Hire of goods;                                                                      vehicles sales or acquisitions.     Property Services                               involved   penalties (minor)
                                                                                                                  misleading information (penalty of double the
                       Chapter 8 - Insurance duty; Chapter 9 Motor Vehicle duty, including duty on change                                                                 Financial investments                                                               (unlikely)
                                                                                                                  amount of duty payable).
                       of use;

                       Vocational Education & Training Act repealed and re-enforced under this Act.
                       Compliance to performance agreements with the Victorian Skills Commission
                       regarding the delivery of education in TAFE; makes funding payments to TAFE in
                       respect of performance agreements; Funding record-keeping requirements; 3.1.9
                       Delegation can be made to RMIT Board and further sub-delegations can be made;
                       3.1.13 Functions of TAFE Boards; 3.1.23 Board must appoint a CEO of the TAFE
                       Institute;
                                                                                                                  Funding provision to TAFE; non-compliance to
                                                                                                                  performance agreement requirements; poor
                                                                                                                  financial record-keeping with regard to funding; non-
                                                                                                                  compliance with delegations or sub-delegations
                                                                                                                  under the Act; Non appointment of CEO to TAFE           Provision of education in TAFE;
                                                                                                                  Institution; Processes not in place to allow students   Curriculum; Compilation and
                                                                                                                                                                                                                                                                                  Document: e58b2ba9-31ef-4686-b05c-b397f84f9e0b.xls, State Acts
                                                                                                                  to decline membership of a student organisation or      compliance to performance                                                            High                                                       Print Date: 7/22/2010
                                                                                                                  to prevent discrimination against such students;        agreements; Registration                                                          number of                                                               Page 2 of 8
                                                                                                                  Student fees or charges spent inappropriately; No       administration of TAFE & HE         Financial Services,                               staff           Moderate
Education & Training                                                                                              financial statements about fees and charges in          Provider status, course             Chancellery,                                   involved,     financial impact -
                                                                                                                                                                                                                                                                                                     High
Reform Act 2006 (S)                                                                                               Annual Report; Non-compliance to registration           accreditation, provision of         University Secretariat,                       complexity       affects a lot of
State Acts relevant to RMIT                                                                                        Funding provision to TAFE; non-compliance to
                        Part 3.2 Higher Education: 3.2.3 Must include provision to enable students to decline      performance agreement requirements; poor
                        automatic membership of a student organisation; 3.2.4 Must not exclude or                  financial record-keeping with regard to funding; non-
                        discriminate against a student declining to join a student organisation; 3.2.5             compliance with delegations or sub-delegations
                        Limitations of how student fees can be spent; 3.2.7 Offence to coerce another person       under the Act; Non appointment of CEO to TAFE              Provision of education in TAFE;
                        to become a member of a student organisation (penalty $1134.20); 3.2.8 Annual              Institution; Processes not in place to allow students      Curriculum; Compilation and
                        report must include a statement about compulsory fees, subscriptions and charges;          to decline membership of a student organisation or         compliance to performance                                        High
                                                                                                                   to prevent discrimination against such students;           agreements; Registration                                      number of
                        Chapter 4: Victorian Registration & Qualifications Authority (VRQA): 4.3.14 VET            Student fees or charges spent inappropriately; No          administration of TAFE & HE         Financial Services,           staff          Moderate
Education & Training    providers and courses to be registered on National Register; 4.3.17 Substantial            financial statements about fees and charges in             Provider status, course             Chancellery,               involved,    financial impact -
                                                                                                                                                                                                                                                                                    High
Reform Act 2006 (S)     changes in control, operation or management need to be reported; 4.3.18                    Annual Report; Non-compliance to registration              accreditation, provision of         University Secretariat,   complexity      affects a lot of
                        Registration for term of 5 years and must be renewed before expiration; Division 5 -       requirements for providers; Not applying to renew          courses to overseas students;       Academic Portfolio             of          RMIT (major)
                        Higher Education: 4.3.30 Approval of Universities (5 years); 4.3.33 Authorisation to       registration prior to expiry date (within 5 years); Loss   Development of Apprentice                                     provisions
                        conduct HE courses; Division 5: Accreditation and Qualifications; Part 4.5 Overseas        of approval to provide courses for overseas                training plans; Administration of                              (possible)
                        Students : 4.5.1 approval to provide courses for overseas students; Part 4.6 State         students; Loss of registration status as provider;         practical placement for work
                        Register of accredited courses and qualifications;                                         Breach of duty of care with regard to workplace            experience or training;
                                                                                                                   learning; No agreement with regard to workplace
                        Part 4.7 Offences: Unlawfully using the term 'registered provider' or providing            learning (practical placement); Apprentice's training
                        unregistered courses (penalty: person $6805.20 - company $34026); Falsely claim            plan not signed correctly; Apprentice's training plan
                        providing accredited courses (same penalties). Part 5.4 Workplace Learning -               not registered.
                        Division 2 - Practical placement 5.4.14 post secondary students of TAFE may be
                        placed for practical placement for work experience or training, must have an
                        agreement; 5.4.16 remunerations; 5.4.18 duty of care to students. Part 5.5
                        Apprentices: 5.5.2 training schemes; 5.5.13 Apprentice's training plan to be signed by
                        the employer; apprentice and training provider - copy of the training plan to be lodged
                        with the Commission within 3 months after the date of commencement of the
                        contract.
                                                                                                                                                                                                                                            Low number
                        Division 1: Registration of electrical contractors; Division 2: Apprentices deemed to
Electrical Safety Act                                                                                              Offences may incur proceedings, provision of false         Electrical apprentices; Use of      Property services;           of staff  Low and unlikely
                        be licensed (licensing of electrical workers); Division 3: Electrical installation work;                                                                                                                                                                    Low
1998 (S)                                                                                                           information 200 penalty units ($11,342)                    electrical contractors              TAFE                        involved   penalties (minor)
                        Part 4: Electrical equipment;
                                                                                                                                                                                                                                              (unlikely)
                        s. 1G Principal of shared responsibility, provision of goods or services whilst reducing
                        impact on environment; s.1I Principles of wastes hierarchy: avoidance; re-use; re-
                        cycling; recovery of energy; treatment, containment and disposal. RMIT must comply
                        with any directions regarding neighbourhood environment improvements, waste
                        reduction or works licence requirement provided by the Authority. s.38 discharges
                        into water must comply with state environment protection or waste management                                                                                                                                        Low number
                        policy; d.39 must not pollute waters; s.40 discharges into the air must comply with                                                                                                                                     of staff
                                                                                                                    Penalties 60 penalty units $6805.20) for various
                        state environmental protection or waste management policies; s.41 must not pollute                                                                                                                                  involved for
                                                                                                                   pollution offences; 40 penalty points ($4536.80) for   Use of RMIT owned vehicles;
                        the air or make it noxious or offensive to humans; s.42 must not construct a vehicle                                                                                                 Property services;             emissions.
* Environment                                                                                                         major littering offences; 60 points ($6805) for     emissions of discharges from
                        that would emit any non-compliant matter; s.43A must not own a vehicle with non-                                                                                                     Student services/                All staff &   Low financial
Protection Act 1970                                                                                                 aggravated littering (or 1 month imprisonment);     buildings; marketing; leaflet drops                                                                      Moderate
                        Part VII Control of solid wastes and the pollution of land; Part Viii Litter or material                                                                                               organisations;                  students   penalties. (minor)
(S)                                                                                                               Emissions, non-compliance with Authority directions; by student organisations; noise
                        that may become litter (including on private land); s.45 littering from a car or public                                                                                             marketing/ advertising            potentially
                                                                                                                     discharge into water, air or onto land; littering,     from entertainment venues;
                        transport; s.45M advertising material not to be put into letterboxes stating "no junk                                                                                                                                involved re
                                                                                                                                  putting leaflets onto cars
                        mail" (penalty 10 units $1134,20); s.45N must not leave leaflets on cars without                                                                                                                                        littering
                        consent; s.45O posters must not be displayed on fixed structure without consent of                                                                                                                                    (possible)
                        owner; s.45P advertising material must include name of distributor; s.45T offence to
                        set fire to litter bins; Vehicles/trailers must be covered'; s.46 noise emissions must be
                        within acceptable conditions under state policy; (includes unacceptable noise);
                        s.48AB noise from entertainment venues; Division 1A Sustainability Covenants; Part
                        IXC Regulations of waste emitting products;
                                                                                                                                                                              Staff selection and recruitment;
                      Prohibited direct or indirect discrimination; Part 3, Div 1 Discrimination in                Offences: Discriminatory advertising (20 points
                                                                                                                                                                              student enrolment processes;                                                  Affects all of
                      employment; Div 2 Discrimination in employment-related areas; Div 3 Discrimination           $$2268); non-compliance or false information to                                                People and Culture;
                                                                                                                                                                              day-to-day interaction within                                                  RMIT. Low
                      in education; Div 4 Discrimination in the provision of goods and services and disposal       investigation; Acting in a discriminatory manner;                                              Academic; Property
                                                                                                                                                                              RMIT; promotional opportunities;                                All RMIT        financial
Equal Opportunity Act of land; Div 5 Discrimination in accommodation; Part 5 Prohibition of Sexual                 imposes a condition that someone may who may                                                   Services; Chancellery;
                                                                                                                                                                              Selling of property or land;                                   involved.      penalties but        Moderate
1995 (S)              Harassment; Part 6 Other discrimination and vicarious liability; Div 1 Victimisation;        not able to comply with may be discriminated                                                   International Services;
                                                                                                                                                                              welfare of whistleblower;                                      (possible)     proceedings
                      Div 2 Authorising or Assisting Discrimination; Div 3 Discriminatory requests for             against (indirect discrimination); sexual harassment;                                          All schools, portfolios
                                                                                                                                                                              provision of accommodation                                                      possible.
                      information; Div 4 Vicarious Liability; Part 7 complaints and resolutions; Part 8            authorising or assisting discrimination by another                                             or departments.
                                                                                                                                                                              assistance to under age 18                                                     (moderate)
                      Investigations;                                                                              person; Proceedings may be brought.
                                                                                                                                                                              overseas students;

                      Final provisions introduced on 1.1.2010. Part 2.2 Documents: s.48(d) can produce
                      downloaded copies of electronic documents. S.51 - original rule abolished - The
                      Principles and rules of the common law that relate to the means of proving the
                                                                                                                   Requirement for electronic document processes to
                      contents of documents are abolished. (relates to adducing evidence). s.156 Public
                                                                                                                   be sufficiently robust to allow for use of electronic
Evidence Act 2008 (S) Documents - (2) If an officer entrusted with the custody of a public document, it is                                                                    Electronic records management       Chancellery
                                                                                                                   documents - this needs to be clarified and checked
                      sufficient compliance with the requirement for the officer to produce a copy of, or
                                                                                                                   relating to RMIT processes.
                      extract from, the public document if it purports to be signed and certified by the officer
                      as a true copy or extract. Division 1 - Client legal privilege re evidence to be
                      produced. s.118 Legal privilege: reinforced in this section.




                                                                                                                                                                                                                                                                 Document: e58b2ba9-31ef-4686-b05c-b397f84f9e0b.xls, State Acts
                                                                                                                                                                                                                                                                                                         Print Date: 7/22/2010
                                                                                                                                                                                                                                                                                                                   Page 3 of 8
State Acts relevant to RMIT
                                                                                                                                                                                                                People and Culture,
                                                                                                                                                                                                                Academic, Academic
                                                                                                                   Misleading advertising, Unfair terms of trade (in
                                                                                                                                                                           Staff recruitment and selection,     Registrar, Policy &
                                                                                                                   favour of RMIT)- penalties - reputational risk.                                                                         Moderate
                        Part 2 – Unfair Practices: Unconscionable conduct; Misleading or deceptive conduct;                                                                student registration, marketing,     Planning, University
                                                                                                                   Penalties: adverse publicity orders; undertakings;                                                                      number of      High financial
* Fair Trading Act      False representation, bait advertising; referral selling, pyramid selling, harassment                                                              contract development, fees and       Secretariat, Property
                                                                                                                   injunctions; code of practice breach: $2268;                                                                               staff        penalties.             High
1999 (S)                and coercion; unsolicited goods; Part 2A implied warranties or conditions; Part 2B                                                                 pricing of services, RMIT            Services, Financial
                                                                                                                   misleading information: $68,000 individual $$136k;                                                                       involved         (major)
                        unfair terms in consumer contracts; Part 4 Division 2 – Contract Sales Agreements                                                                  commercial subsidiaries;             Services, Legal
                                                                                                                   Non-compliance with court order: $27220 individual;                                                                     (possible)
                                                                                                                                                                           payment of visiting academics;       Services, TAFE,
                                                                                                                   $68k RMIT; costs/damages.
                                                                                                                                                                                                                International Services,
                                                                                                                                                                                                                Student services


                        Purpose: to improve financial administration of the public sector. To make better
                        provision for the accountability of the public sector. To provide for annual reporting
                        to the parliament by public sector. Part 7 – Accountability & Reporting: Must appoint
* Financial                                                                                                        Not appointing staff to do certain duties; non-                                                                         Moderate
                        staff to do certain financial roles; must keep records in prescribed manner; must                                                                  Accounts payable, accounts
Management Act                                                                                                     provision of financial information when required; not                                        Financial Services,        number of
                        provide financial information when required; s.44b must maintain a register of assets                                                              receivable, financial                                                          Low penalties
1994 (S)                                                                                                           completing annual financial report within specified                                          Chancellery - Not             staff                            Moderate
                        and develop risk management strategy; s.45 Annual financial statements and report                                                                  administration, financial reporting,                                              (minor)
  Under revew -                                                                                                    time or prescribed format. Penalties: Compensation                                           controlled entities         involved
                        to be prepared and submit report to Auditor-General within 8 weeks of the end of the                                                               preparation of annual report
Finance Bill Update                                                                                                for loss or damage from negligent actions                                                                               (possible)
                        financial year.s.48 and 49 provide details of required content of reports; s.53 Minister
                        may require financial reports to be included in Annual reports as well as or instead of
                        stand-alone financial reports.


                                                                                                                                                                                                                                                       Large number of
                                                                                                                                                                                                                                                       staff & students
                        Part II Offences relating to food: unsafe food handling, knowingly selling unsafe food;                                                                                                                           Low number      potentially
                                                                                                                Public or staff health; Reputational risk. Penalties:      Anything relating to the
                        misleading conduct relating to food; Part III Cleanliness of food premises; Part IIIA                                                                                                   Canteens, sausage            of staff   affected, high
Food Act 1984 (S)                                                                                               Handling or sale of unsafe food, misleading                preparation of food; canteens;                                                                         High
                        cleanliness of food handlers; Part IIIB Food safety programs; Part VI Registration of                                                                                                   sizzles                     involved         health
                                                                                                                conduct/information: $40k individual; $200k RMIT           hospitality courses (if any);
                        food premises;                                                                                                                                                                                                      (unlikely)  consequence,
                                                                                                                                                                                                                                                        high financial
                                                                                                                                                                                                                                                       penalties (major)

                                                                                                                   Non-provision of available documentation;
                                                                                                                   Deliberate delaying tactics in provision of
                                                                                                                                                                                                                Legal
                        Part II Publication of certain documents and information; s.11 Statement of certain        information; provision of misleading information;                                                                      Low number
* Freedom Of                                                                                                                                                               FOI request processing; Records      services;Chancellery;
                        documents in possession of agencies to be published; Part III Access to documents;         poor record-keeping resulting in non-availability of                                                                      of staff     Low penalties
Information Act 1982                                                                                                                                                       management by all staff and          all other departments                                             Low
                        Part IV Exempt Documents; Part V Amendment of personal records; Part VI Review             documents or difficulty in conducting searches;                                                                          involved         (minor)
(S)                                                                                                                                                                        departments                          may be subject to FOI
                        of decisions; Non-                                                                         withholding information from FOI officers;                                                                               (unlikely)
                                                                                                                                                                                                                requests
                                                                                                                   inappropriate comments written on documentation
                                                                                                                   subject to FOI processes;
                        Part IV - Management & control of infectious diseases: test authorisations;
Health Act 1958 (S)     counselling; tests and test results; confidentiality - HIV tests: information to be                                                                Provision of health services         Students Portfolio
                        provided, privacy. Disease notification
Public Health &
Wellbeing Bill 2009
                        Review of Health Act 1958 (S)
(review of Health Act
2009)
                                                                                                                   Student not being able to partake in clinical training
                                                                                                                   as part of course of study if not registered; obligation
                        S.8 Can register as a student health practitioner to enable a student to undertake or                                                                                                                             Low number
Health Professions                                                                                                 on RMIT to ensure students aware of requirements.                                                                                   Moderate to high
                        complete any period of clinical training as part of a course of study. Applies to                                                                   Provision of health services                                     of staff
Registration Act 2005                                                                                              Penalties: False registration $6805; Misleading use                                          School of nursing                      financial impact        Moderate
                        nurses, midwifes, optometrists, podiatrists, Chinese medicine practitioners,                                                                        training to students                                            involved
(S)                                                                                                                of titles in Uni $6805; Fraud $13610 or 1 yr prison;                                                                                   (moderate)
                        pharmacists, acupuncturists.                                                                                                                                                                                        (unlikely)
                                                                                                                   Inciting unprofessional conduct $27221 individual
                                                                                                                   $136k RMIT.

                                                                                                                   Failure to keep records for 7 years; failure to
                                                                                                                   implement a regime for the responsible collection,      Employee records, medical
                                                                                                                                                                                                                                                           Usually low
                        Majority of Act: Protection of health information of staff and students - privacy of       storage, holding and disclosure of health related       records; return-to-work/                                        Moderate
                                                                                                                                                                                                                                                         penalties. VCAT
                        information; keep health related records for minimum of 7 years (even after death);        information, inappropriate disclosure of health         rehabilitation programs; first aid                              number of
* Health Records Act                                                                                                                                                                                            People & Culture,                        can impose high
                        Establishment of a regime for the responsible collection, storage, holding and             related information; collection, use or disclosure of   records; medical records                                           staff                            Moderate
2001 (S)                                                                                                                                                                                                        Chancellery                               compensation
                        disclosure of health related information. Compliance with the HPPs. Need to                sensitive health information without obtaining          obtained from students; disability                               involved
                                                                                                                                                                                                                                                              payout
                        implement process for access to own personal health information.                           consent. Not providing similar protection to staff      or mental health records in                                     (possible)
                                                                                                                                                                                                                                                            (moderate)
                                                                                                                   records as well as student records. Penalties:          particular
                                                                                                                   VCAT can impose up to $100k compensation.




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State Acts relevant to RMIT
                        Part 3 Division 5 – Registration; s.50 Application for a certificate of registration; s.52
                        Must provide notification of sale of registered place/object within 28 days of contract;
                        New owner must notify of change of ownership within 28 days of settlement; Must
                        notify of any change in ownership details within 28 days of occurrence; s.54 removal
                                                                                                                      Works conducted without permit (penalties up to
                        from register; Part 3 Division 6 – Interim Protection Order: s.55 If dangerous
                                                                                                                      $500,000); Non-notification of ownership changes                                                                                             Low
                        condition, orders for demolition under the Building Act/Regulations take priority;
                                                                                                                      within prescribed time; Non display of interim                                                                          Large penalties   numbers of
* Heritage Act 1995     Interim orders may be served; s.59 Interim Order must be publicly displayed on the                                                                     Property maintenance; asset                                                                       High financial
                                                                                                                      protection orders or permit applications for                                                   Property Services        apply - up to        staff                                   High
(S)                     place continuously while the order is in place. Part 4 Division 1 – Permits &                                                                          capital works                                                                                    penalties (major)
                                                                                                                      prescribed time and in prescribed manner; Loss of                                                                       $544,416           involved
                        Covenants: s.64 Prohibited activities include: removal, damage, alteration or
                                                                                                                      opportunity - not applying for available conservation                                                                                      (unlikely)
                        excavation of all or part;s.67 application for permits to conduct works; s.68 permit
                                                                                                                      grants.
                        application to be public displayed; s.86 owner may enter into Covenant (needs
                        approval) with National Trust for maintenance etc; Part 7 – Heritage Fund -
                        assistance grants may be available for conservation works; Part 8 – Enforcement &
                        Legal Proceedings
                                                                                                                                                                                                                                                                 Extremely
                        S.39 Unauthorised buying of tissue prohibited (penalty: 100 penalty units [$11342]                                                                                                                                                      low number
Human Tissue Act                                                                                                      Unauthorised purchase of human tissue or                                                                                                                   Low penalties
                        and/or 6 months prison); S.39A recovery of cost of tissue banks (permissibly to buy                                                                    Research utilising human tissue       Research Schools                              of staff                                Low
1982 (S)                                                                                                              advertising of purchase.                                                                                                                                      (minor)
                        from legitimate tissue bank).                                                                                                                                                                                                             involved
                                                                                                                                                                                                                                                                    (rare)
                                                                                                                      Non-compliance with IPPs; inadvertent disclosure of
                                                                                                                      personal information; Information could include a        All processes within RMIT;                                                                        Affects all staff,
                        Majority of Act: Protection of recorded personal information relating to staff, students
                                                                                                                      range of personal information for staff or students;     student services; student                                                                          students and
                        or public; Need to establish a regime for the responsible collection, use, disclosure                                                                                                                                                        High
                                                                                                                      disclosure or sale of databases containing personal      enrolment; administration of          Chancellery,                                               public. Potential
                        and protection of recorded personal information; need to provide process for access                                                                                                                                                      number of
* Information Privacy                                                                                                 information; non-use of privacy collection statements    information databases (e.g.           University Secretariat                                           for high
                        to individual's own personal information and correction of incorrect personal                                                                                                                                                                staff                              Very High
Act 2000 (S)                                                                                                          (i.e. not notifying individuals at point of collection   student information or staff          (Privacy Officer), all                                        penalties if
                        information; Compliance with the IPPs. Need to implement process where individual                                                                                                                                                         involved
                                                                                                                      what RMIT is going to do with the information and        information); lecturers with          departments                                                through VCAT.
                        is informed of potential use and disclosure of information at the point of collection (i.e.                                                                                                                                                 (likely)
                                                                                                                      who is might be disclosed to); Confirmation of           student information; qualifications                                                              High reputational
                        use of privacy statements)
                                                                                                                      information is the same as disclosure. Penalties:        and graduation processes;                                                                           risk. (major)
                                                                                                                      VCAT can order up to $100k compensation
                                                                                                                                                                                                                                                                  Very low
                                                                                                                      Not serving infringement notices (loss of income);                                                                                                          Low financial
                                                                                                                                                                                                                                                                 number of
Infringements Act       Part 2: Servicing and withdrawal of infringement notices, penalty reminder notices.           service inaccurate infringement notices (appeals -                                             Property services,                                         penalties, affects
                                                                                                                                                                               Authorised officers                                                                  staff                                  Low
2006 (S)                Part 4: loading infringement penalties and enforcement orders.                                loss of income); fraudulent infringement notices.                                              security                                                      few people
                                                                                                                                                                                                                                                                  involved
                                                                                                                      Penalty for false information $1134                                                                                                                            (minor)
                                                                                                                                                                                                                                                                  (Unlikely)
                                                                                                                                                                                                                                                                  Very low
                                                                                                                                                                                                                                                                 number of
Legal Profession Act    Requirements for engaging in legal practice; Maintaining currency of practising               Legal practitioners not eligible to renew or continue                                          Legal Services;                                             Low penalties
                                                                                                                                                                               Legal Services; Law lecturers                                                        staff                                  Low
2004 (S)                certificates                                                                                  registration                                                                                   School of Law                                                  (minor)
                                                                                                                                                                                                                                                                  involved
                                                                                                                                                                                                                                                                  (Unlikely)
                                                                                                                      Need to establish whether RMIT are licensees or
                                                                                                                      permittees of any licensed premises or just
                                                                                                                      landlords. If just landlords risks are limited to                                                                                           Very little
                      Part 2 - Categories of Licences & Permits Part 7 - Obligations of Licensees, Owners                                                                                                                                                                       No penalties on
Liquor Control Reform                                                                                                 notification of ownership changes. Other risks to do Contract management of retail                                                            staff
                      & Mortgagees: Must notify of ownership changes; Part 8 - General Offences &                                                                                                                    Property Services                                           mortgagees.               Low
Act 1998 (S)                                                                                                          with the availability of alcohol in premises (risk to premises owned by RMIT                                                              involvement
                      Enforcement                                                                                                                                                                                                                                                   (minor)
                                                                                                                      staff; risk of damage to property) are not compliance                                                                                         (rare)
                                                                                                                      risks. Penalties relate to licensees, permittees and
                                                                                                                      patrons.

                      S.21 - Duties of Employers to Employees: Obligation upon employers to provide a
                      work environment that is safe and without risks to health; maintenance of plant &
                      equipment; handling or storage of substances; provide adequate facilities for the
                      welfare of employees; provision of information and conducting of consultation.           Exposure to heavy financial penalties - up to $1m.
                      Provision of a safe environment also for all contractors; students, visitors, or any     Non-provision of safe working environment; non-
                      other person in the work place. Establishment of process to assist in the provision of   monitoring of welfare of staff; non-establishment of
                      a safe workplace. Monitor the health of employees; maintain adequate records and         adequate processes to ensure compliance; non-                                                                                                                      Affects all of
                      relevant documentation. S,28 duties of designers of buildings or structures to include   consultation with staff; non-provision of processes                                                   People & Culture                                           RMIT, Very high
                      safety aspects. Duty to ninform employees etc of their duty of care under the Act.       and facilities to comply with requirements for HSRs,                                                  (OHS), Property                               All staff        financial
* Occupational Health                                                                                                                                                          All RMIT processes and
                      Part 4 - duty to consult: Part 5: Duties relating to incidents, notifiable incidents s.39safety committees, training etc. Non-display of HSR                                                   Services, Chancellery,                       involved       penalties, very        Very High
& Safety Act 2004 (S)                                                                                                                                                          departments.
                      duty to preserve incident sites; Part 6 Licensing or permit requirements, for premises,  listings; ignoring safety issues; ignoring PIN notices;                                               University Secretary,                          (likely)       high safety
                      plant or persons (i.e. qualifications or permits);                                       non-notification of notifiable incidents; non-                                                        Board, All departments                                      consequences
                                                                                                               cooperation with inspectors. Coercion of                                                                                                                           (outstanding)
                        Part 7 Employee representations - HSRs, Designated Work Groups. Provision of           workgroups or HSRs. Max Penalties: Employees
                        training to HSRs and to other staff; must keep a list of HSRs and display at           $204k; Managers not providing safe workplace
                        workplaces; Establishment of Health & Safety Committees; Requirements relating to $204k; RMIT not providing safe workplace $1m+
                        the resolution of health & safety issues; s.74 directions to cease work (PIN notices);
                        WorkCover Inspections; Prohibition on discrimination on employees; Part 8 - Entry by
                        union representatives; Part 9 Inspectors and enforcement




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State Acts relevant to RMIT


                                                                                                                  Processes or record-keeping inefficient resulting in
                         Participation in complaint investigations. Ombudsman can investigate complaints
                                                                                                                  complaints; non-compliance to Whistleblowers or                                                                 Very low
                         about processes and how RMIT conducts its business. Ombudsman can also initiate                                                                   All RMIT processes.
                                                                                                                  Human Rights legislation resulting in complaints;                                                              number of
Ombudsman Act            investigations into matters he/she considers to be in the public interest. Ombudsman                                                              Departments that would be                                           Low penalties
                                                                                                                  non-compliance with recommendations or directions                                        Ombuds.                  staff                              Low
1973 (S)                 also responsible for complaints relating to the Whistleblowers Protection Act 2001                                                                involved in Ombudsman                                                  (minor)
                                                                                                                  received from the Ombudsman may result in                                                                       involved
                         and the Charter of Human Rights and Responsibilities Act 2007. Complaints may                                                                     complaint investigations.
                                                                                                                  injunctions or penalties; failure to provide adequate                                                           (Unlikely)
                         also be investigated relating to poor complaints management processes.
                                                                                                                  information or non-cooperation with investigations.



                                                                                                                  Failure to keep employment and payment records                                                                Low number
Payroll Tax Act 2007     Part 2: Imposition of payroll tax; Part 3 Wages and fringe benefits; Superannuation;     necessary to determine employee payroll tax liability                                                            of staff    Low penalties
                                                                                                                                                                        Payroll                            People & Culture                                            Low
(S)                      termination payments; allowances, contractor provisions,                                 for five years; failure to calculate payroll tax from                                                           involved        (minor)
                                                                                                                  wages                                                                                                           (unlikely)



                                                                                                                                                                                                                                Low number
Penalty Interest Rates                                                                                            Failure to pay debts within 30 days may incur                                                                    of staff    Low penalties
                       Interest on unpaid debts, actions for debts; solicitors' costs; judgements.                                                                         Accounts payable                Financial Services                                          Low
Act 1983 (S)                                                                                                      penalty interest for late payments                                                                              involved        (minor)
                                                                                                                                                                                                                                  (unlikely)




                                                                                                                  Non-compliance to permit process, non-compliance                                                              Low number
* Planning &
                     Part 4 - Planning Permit applications and obligations during the permit process; Part        to prescribed advertising requirements, objections to                                                            of staff    Low penalties
Environment Act 1987                                                                                                                                                    Property building or reconstruction Property Services                                          Low
                     4A Application for Certificates of Compliance;                                               planned building projects. Penalties: Enforcement                                                               involved        (minor)
(S)
                                                                                                                  or restoration orders                                                                                           (unlikely)



                         Part 2: Division 1 Protection of Animals; Cruelty, aggravated cruelty; breeding of
                         animals with heritable defects. Part 2A Enforcement: Power to seize animals, power
                                                                                                                  Unnecessary pain to animals used for scientific
                         to search; liability for costs. Part 3 Scientific Procedures: Licence requirements
                                                                                                                  purposes; unlicensed work or breeding; Allowing
                         (penalty >$13,000 or 12 mnths imprisonment individual - >$68K RMIT); Must                                                                                                                                               Moderate
                                                                                                                  licenses to expire without renewal; Not having
                         nominate responsible person; Restriction on premises used; Licensing requirements                                                                                                                      Low number       financial
                                                                                                                  necessary processes in place to both control works
Prevention of Cruelty    for breeding of specified animals (penalties >$2K individual >$13K RMIT); Licensing                                                               Research; Licensing applications;                       of staff  penalties. High
                                                                                                                  and monitor; Non-euthanasia when necessary; Not                                            Research Schools                                          High
to Animals 1986 (S)      requirements for scientific premises; Licenses last for 3 years and expire on 30 june                                                             Quality monitoring                                     involved   ethical impact re
                                                                                                                  acquiring required registration of scientific premises
                         in last year; Must comply with conditions for scientific premises; Licensing                                                                                                                             (unlikely)  animal cruelty.
                                                                                                                  and therefore unable to undertake research;
                         requirements for field work; Division 5: Specified Animals breeding licenses: Division                                                                                                                                    (major)
                                                                                                                  Breaching the code of practice and therefore
                         6 General licensing provisions; S.33 VCAT Reviews; s.36 Offences: Knowingly or
                                                                                                                  resulting in licensing cancellations.
                         negligently causing pain or conducting surgery without anaesthetic, or not
                         euthanasing when necessary (individual >$13K or 12 mnths prison RMIT >$38K).

Code of Practice for                                                                                                                                                                                                            Low number
                                                                                                                                                                                                                                                High ethical
the care and use of                                                                                                                                                                                                                of staff
                                                                                                                                                                                                                                                  impact            Moderate
animals for scientific                                                                                                                                                                                                            involved
                                                                                                                                                                                                                                                (moderate)
purposes (S)                                                                                                                                                                                                                      (unlikely)




* Project                                                                                                         Nature of the assets to be acquired and whether
                         Part 2 Project may be nominated to be subject to this Act; Part 3 Provisions relating                                                                                                                  Low number
Development &                                                                                                     they are specialised assets or common items);
                         to nominated projects: contracts, agreements or arrangements; Division 2 obtaining                                                                Building construction or        Property Services;      of staff    Low penalties
Construction                                                                                                      Market conditions and implications for the                                                                                                           Low
                         land; Division 3 disposing of land; Part 4 Standards and directions for public                                                                    refurbishment projects          Chancellery            involved        (minor)
Management Act                                                                                                    acquisition cost; Suitability of contractors or
                         construction: Part 6 General: improper use of information (penalty $5671);                                                                                                                               (unlikely)
1994 (S)                                                                                                          suppliers.




                         Part 1 Registration of land and conveyancing, deposit of documents, payment of
                                                                                                                                                                                                                                Low number
                         feed; Part II General Law of Conveyancing; Division 2 Contracts, conveyances and
Property Law Act                                                                                                  Must not require purchaser to pay cost of vendor's                                                               of staff    Low penalties
                         other instruments; Instruments to be in writing; production and safe custody of                                                                   Purchase acquisition or sale    Property Services                                           Low
1958 (S)                                                                                                          sale; Incorrect documentation or not in writing                                                                involved.        (minor)
                         documents; Division 3 Mortgages and rent charges; Division 5 Leases and
                                                                                                                                                                                                                                  (unlikely)
                         Tenancies;




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State Acts relevant to RMIT
                        S.8a Transfer of records to the Public Records Office (after 25 years); s.10AA Certain
                                                                                                                                                                                                                                                                    All RMIT
                        records may be withheld from the public; s.13 Duties of person in charge of records        Non-compliance with Public Records guidelines;
                                                                                                                                                                              Records management, archiving,                                                           staff
* Public Records Act    in a public office; s.17 must not sell public/prescribed record without consent of         sale, removal or destruction of public records                                                  People & Culture,                                             Low penalties
                                                                                                                                                                              all records within RMIT including                                                    potentially                        Moderate
1973 (S)                Minister (penalty $576); Prescribed records become property of State in event of           without following guidelines or without consent of                                              Archives                                                         (minor)
                                                                                                                                                                              emails                                                                                involved
                        death of owner or after 50 years if owner not an individual; s.19 offence to remove        Minister (offence $567)
                                                                                                                                                                                                                                                                      (likely)
                        public record without authority; Must comply with guidelines

                                                                                                                                                                                                                                                                                    Financial
                                                                                                                                                                                                                                                                    All RMIT
                                                                                                                   Intentional engagement in conduct likely to incite or                                                                                                          penalties &
Racial & Religious      Part 2: Division 1: Unlawful Vilification; Division 2: Other Unlawful Conduct                                                                                                                                                                  staff
                                                                                                                   inciting vilification or victimisation - penalties: RMIT                                        People & Culture, All                                            potential
Tolerance Act 2001      (Victimisation, assisting with); S.17 complaints and conciliation; Part 4: Serious                                                                    All staff and processes                                                              potentially                           High
                                                                                                                   300 penalty units ($34,036) Individual 50 penalty                                               departments                                                   imprisonment
(S)                     Vilification Offences (Inciting, intentionally engaging in conduct likely to incite)                                                                                                                                                        involved
                                                                                                                   units ($6805) and/or 6 months prison.                                                                                                                             apply.
                                                                                                                                                                                                                                                                      (likely)
                                                                                                                                                                                                                                                                                   (moderate)
                       Part 2: The Radiation Protection Principle (persons & the environment should be             Public, staff or student health; Environmental;                                                                                                Low number     Major health
                       protected from unnecessary exposure to radiation through the processes of                   prohibition of practices. Penalties: Indictable                                                 Property Services,                                of staff  consequences,
Radiation Act 2005 (S) justification, limitation and optimisation); Part 4: Licensed Activities; S.12 Conduct of                                                              Research involving radiation                                                                                               High
                                                                                                                   offences; max 1800 penalty units individual                                                     Research Schools                                 involved    high financial
                       radiation processes prohibited unless licensed; S.13 Use of a radiation source              ($20,416) - RMIT 9000 pu ($$1m+)                                                                                                                 (unlikely) penalties (major)
                       prohibited unless licensed; S.15 Compliance with license conditions; S.18 Offence to
                       Does not apply to less than one year. Part 4 Entering into or renewing a retail
                       premises lease: Landlord must provide copy of lease to the prospective tenant when
                       entering into negotiations (penalty $5671); Retail lease must be in writing and signed
                       (penalty $1134.20); 17 at least 7 days prior to lease finalisation, landlord must
                       provide a disclosure statement; If disclosure statement inaccurate tenant may give
                       notice; 17(6) tenant has 28 days cooling off period in which to terminate lease if
                       required; s.18 details of termination and objections; s.21 Minimum lease 5 years;
                                                                                                                                                                                                                                           Potential litigation
                       s.22 tenant to be given copy of lease within 28 days or other agreed period; 2.23           Non-compliance with procedures for entering into a
                                                                                                                                                                              Determination and negotiation of                             for costs if current                    Financial
                       seeking of key money or money for good-will is prohibited (penalty $5671); s.24             lease; refurbishment or other interferences with a                                                                                             Low number
                                                                                                                                                                              retail leases; renewal of leases;                            refurbishment                           penalties.
Retail Leases Act      Security deposits must be held by landlord in interest bearing accounts and records         tenancy without appropriate notice; Non-notification                                                                                              of staff
                                                                                                                                                                              property management; property        Property Services       program affects                       Potential for        Moderate
2003 (S)               made available to the tenant (however, the interest forms part of the security              to Small Business Commissioner; Non-compliance                                                                                                   involved
                                                                                                                                                                              capital works projects that affect                           retail tenants                          litigation.
                       deposit); Small Business Commissioner to be informed within 14 days after final             with lease renewal processes. Penalties: max 50                                                                                                  (unlikely)
                                                                                                                                                                              RMIT tenants.                                                without providing                      (moderate)
                       signature of new or renewed lease;                                                          penalty units ($5671)
                                                                                                                                                                                                                                           notice
                       Division 2 - Renewal of lease. Part 5 - Rent and Outgoings. Division 3 - Rent
                       reviews. Division 4 Outgoings. s.51 cannot claims costs associated with
                       development of lease; s,52 landlord's liability for repairs; Part 6 - Refurbishment,
                       relocation and other interferences with tenancy - must give notice and compensation
                       to tenant; Part 7 Assignment or termination; s.63 landlord may refuse to sub-lease;
                       Part 8 Additional requirements for shopping centres; Part 9 Unconscionable Conduct;
                       Part 10 Dispute resolution; s.93 indemnities;
                                                                                                                                                                              Fleet services, all drivers of RMIT
                                                                                                                   Drivers of RMIT vehicles do not hold relevant
                        Requirement for motor vehicle owner to license all RMIT owned vehicles, to comply                                                                     vehicles, staff recruitment                                                         Low number
                                                                                                                   licenses; non-registration of RMIT vehicles.                                                                                                                  Low financial
* Road Safety Act       with all registration and road safety rules; to provide information about drivers when                                                                processes (notification to new       People & Culture,                                 of staff
                                                                                                                   Penalties: 20 penalty units ($2268) or 2 months                                                                                                               risk to RMIT.           Low
1986 (S)                required. Duty of all drivers of RMIT vehicles to hold relevant licenses, to comply                                                                   staff of requirements); inclusion in Property Management                              involved
                                                                                                                   prison. Much higher personal penalties apply to                                                                                                                   (minor)
                        with alcohol and drug use laws; to comply with road safety rules.                                                                                     code of conduct or other                                                              (unlikely)
                                                                                                                   individual drivers.
                                                                                                                                                                              procedures

                                                                                                                Incorrect use of seal; non-adherence to objects of
                                                                                                                the University; non-adherence to 7(2) composition of
                                                                                                                the Board; Payment of remuneration to excluded
* Royal Melbourne                                                                                               board members under 8(3); non-declaration by                                                                                                      Low number     Low financial
                        5 Common seal only used by resolution of Council or statute; 6 Objects of the
Institute Of                                                                                                    Councillor of interest or conflict of interests;                                                   Chancellery,                                      of staff    risk to RMIT.
                        University; 7(2) composition of the Board; 16 Declaration of Interests; 19 Delegations;                                                                                                                                                                                          Low
Technology Act 1992                                                                                             Inappropriate board conduct; Inappropriate use of                                                  University Secretary                             involved      Governance
                        Part 5 Statutes and Regulations; Part 6 - Property and Financial; 44 Elections
(S)                                                                                                             Delegations; non-compliance with Board generated                                                                                                    (unlikely)   risks. (minor)
                                                                                                                statutes or regulations; non-compliance to Auditor-
                                                                                                                General audits; Conduct of elections not conducted
                                                                                                                in prescribed or statutory manner;
                        Part 1 Provisions to all Victoria: Div 1 Public order; Div 2 General (offences: tending
                        to personal injury or property damage; horse-drawn vehicles, public vehicles or
                        animals; trespass - destroying, damaging or injuring property; bill posting and
                        defacing property; light of fires in the open air; false fire alarms; drunkenness;
                        obscene, threatening, insulting, abusive behaviour etc; conduct of refreshment
                        houses; disturbing religious worship; entry of police into houses; assaults; stolen
                        property; passing valueless cheques.) Div 3 stealing vehicles. Div 4 Advertising of
                        live sexually-explicit entertainment. Div 4A Observation or visual capturing of genital
 Summary Offences
                        or anal region (Photos, distribution). Div 5 tattooing of juveniles. Div 7 homing
    Act 1966 (S)
                        pigeons. Div 8 Other offences (begging; loitering with intent; being disguised with
                        unlawful intent; possessing housebreaking implements; escaping from custody;
                        consorting.
                        Part II - provisions applicable to special localities: prohibition of certain matches in
                        specified localities in certain months. Trespass on land used for primary production.
                        Part III - Supplementary: obstructing staff; assusting or resisting policew; harass
                        witnesses; false reports to police; body corporate offences; accomplice.




                                                                                                                                                                                                                                                                                      Document: e58b2ba9-31ef-4686-b05c-b397f84f9e0b.xls, State Acts
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State Acts relevant to RMIT
                      Part 2 Regulation of installation, use and maintenance of surveillance devices - must
                                                                                                                  Install or use a surveillance device in contravention
                      not install or use a listening device in a private area (where you are not) without
                                                                                                                  of this Act; Publish or communicate any private                                                                   Low number
                      notification to or consent of all parties or with a warrant (penalties - individual 2 yrs                                                           Security of premises, Recording                                             High financial
                                                                                                                  conversations or activities monitored by a                                                                        of staff likely
*Surveillance Devices prison and/or $27,220.80 - company $136,104) ; Part 2A Workplace Privacy:                                                                           of meetings, recording of Council   Security; Property                       penalties or
                                                                                                                  surveillance device; Install a surveillance device in                                                                 to be                                 High
Act 1999 (S)          prohibition of surveillance devices in certain areas (washroom, toilet, change room or                                                              (if private meetings), property     Maintenance; ITS                        imprisonment
                                                                                                                  any of the prohibited workplace areas. Penalties:                                                                   involved
                      lactation room) or communicate any such recordings (same penalties apply); Part 3                                                                   maintenance                                                                    (major)
                                                                                                                  Individual 240 penalty units ($27,221) and/or 2 yrs                                                                 (unlikely)
                      Restriction on communication and publication of private conversations and activities -
                                                                                                                  prison; RMIT 1200 penalty units ($136,104)
                      made either directly or indirectly by a surveillance device - same penalties apply.
                                                                                                                  Non-declaration or recording of unclaimed monies;
                     s.11 Business must maintain register of any unclaimed monies in prescribed form                                                                                                                                Low number
                                                                                                                  no advertising in Government Gazette; no returns                                                                                      Financial
Unclaimed Monies Act and update annually; and advertise in Government Gazette; s.12 must pay annually                                                                     Financial services; refunds to      Financial services;      of staff
                                                                                                                  provided to Registrar and no monies transferred to                                                                                    penalties          Moderate
1962 (S)             into the Consolidated Fund (via the Registrar) any amount of unclaimed monies in                                                                     students;                           Student Services        involved
                                                                                                                  Consolidated Fund. Penalties: max 120 penalty                                                                                        (moderate)
                     the previous year and lodge a return; Penalties involved                                                                                                                                                         (unlikely)
                                                                                                                  units ($13,610)
                                                                                                                  Making false disclosures (penalty 240 penalty units                                                               Low number
                                                                                                                                                                          All RMIT staff may make false                                                  Financial
* Whistleblowers        #Part 2 – Disclosure of Improper Conduct #Part 3 – Protection of Whistleblowers           ($27,221) and/or 2 yrs prison); Reveal confidential                                                               of staff likely
                                                                                                                                                                          disclosures or take detrimental     People & Culture,                        penalties or
Protection Act 2001     #Part 4 – Determination of Public Interest Disclosure    #Part 5 – Investigation          information (penalty 6p pu ($6805) and/or 6 months                                                                    to be                              Moderate
                                                                                                                                                                          action. Ombuds involved in          Ombuds                                  imprisonment.
(S)                     #Part 10 - General                                                                        prison); Detrimental action against whistleblower                                                                   involved
                                                                                                                                                                          investigations.                                                               (moderate)
                                                                                                                  (penalty 240 pu ($27,221) and/or 2 yrs prison).                                                                     (unlikely)
                                                                                                                  Not obtaining working with children checks for all but
                      Part 2 Working with Children Check; police checks;s.19 assessments last for 5 years         those exempted; applications must be in the                                                                                             Major
                                                                                                                                                                                                                                     Moderate
                      and must be reapplied for within 6 months before and 3 months after the expiry date;        prescribed form; Maximum penalties (individual 2 yrs                                        People & Culture,                       consequence,
                                                                                                                                                                                                                                     number of
Working with Children s.20 circumstance changes must be notified within 7 days of change; Part 3                  imprisonment or >$27K RMIT >$126K); engaging           Any school that educates under       TAFE, International                     high financial
                                                                                                                                                                                                                                        staff                                 High
Act 2005 (S)          Exemptions from check; Part 4 Offences: working or engaging someone without                 someone without assessment notice; engaging            18's                                 Services, Student                        penalties or
                                                                                                                                                                                                                                      involved
                      assessment notice; using volunteer assessment for paid work; false or misleading            someone with volunteer assessment for paid work;                                            Services                                imprisonment
                                                                                                                                                                                                                                     (possible)
                      information; disclosure or misuse of information; Part 5 notification requirements          providing false or misleading information; disclosure                                                                                  (major)
                                                                                                                  or misuse of information.

ACTS REPEALED AND NO LONGER IN FORCE

* Tertiary Education    No longer in force - repealed on 1 July 2007 by section 6.1.1(i) of the Education
Act 1993 (S)            Reform Act 2006.
* Vocational
                        No longer in force - repealed on 1 July 2007 by section 6.1.1(m) of the Education
Education & Training
                        Reform Act 2006.
Act 1990 (S)




                                                                                                                                                                                                                                                           Document: e58b2ba9-31ef-4686-b05c-b397f84f9e0b.xls, State Acts
                                                                                                                                                                                                                                                                                                   Print Date: 7/22/2010
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