Legal FAQs

The University is a body corporate established by statute (University of Adelaide Act 1971 (SA)). If you are completing an application form and this entity category in not provided as an options, you would need to select “Other” or discuss it with the issuing organisation.

The University is not a government agency or a corporation.

No. The University of Adelaide Act 1971 sets out how the University is to be governed.

The University does not have directors. Instead, it has a governing Council. The Vice-Chancellor and President is the University’s Chief Executive Officer.

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If your contract is for contract research, consultancy, commercialisation or licensing of IP you should contact Innovation and Commercial Partners.

If you have a research grant, you should contact Research Services.
 
Otherwise, please complete our Contract Review Instruction Form and submit to the Legal and Risk Helpdesk along with your contract and other relevant documents.

Please refer to Module 2 of the University's Contract Management Handbook.

We have standard form contract templates available for certain types of arrangements that the University regularly enters into.

The fact that it is "standard" does not mean it is a generic contract that is suitable for other types of arrangements - please read the Guidelines that accompany our templates.

If you do not find a template that suits your needs, you will likely require a tailored contract. Please complete and submit a Contract Drafting Instruction Form.

The below table outlines which specialist area you should consult, depending on the nature of the agreement or contract, and any applicable processes that may apply.

A contract may only be signed by a University officer with the appropriate level of delegated authority. Generally speaking, this would be a Head of School or higher. The Legal and Risk Branch is not able sign contracts for you.

More information is available in our blog article "Who can sign? The lowdown on university delegations and decision-making".

No. The University is the legal entity and therefore contracts must be in the name of the University. However, it is possible for it to be noted in the contract that it specifically involves your School / Centre / Unit.

Use of the University’s common seal can only be approved by University Council. The University’s common seal is only necessary for a small range of legal documents (typically leases and other agreements for land or real estate). Sealing can be requested using the contract approval and sealing request form.

If the contract is not of the sort that the law requires to be sealed, you should request that the contract signature page be amended to enable signature by an authorised representative of the University. Do not simply affix a University stamp or logo.

The area organising the contract must

• lodge the original signed contract as a Legal Document with Records Services to ensure secure storage and central traceability. Please complete the Legal Document Lodgement form available on the Records Services website.
• Register the contract details on the University Contracts Register.

Keeping good records is the responsibility of the area arranging the contract. As well as being good business practice, it is a requirement of the State Records Act.

Please contact Global Engagement for specialist processes relating to International Agreements.

Check the existing contract for any clauses about extending or renewing the contract. If there are, follow those. If not, complete and submit a Contract Drafting Instruction Form to the Legal and Risk Helpdesk and we can assist you to put in place a new contract.

If you have been continuing with the arrangement in practice, there is probably a new implied contract that exists at law. However, it is always best to have written contracts for certainty. Please complete and submit a Contract Drafting Instruction Form and we can assist you with a new contract.

International agreements are arranged through Global Engagement and governed by the International Agreements Policy.

Further information is available on the International Agreements website, or contact intagreements@adelaide.edu.au for assistance.

The Legal and Risk Branch does not provide legal advice to students. Students can seek assistance from the Adelaide University Union (AUU) via email or by phone on 08 8313 5401.

The lawyers in the Legal and Risk Branch represent the University and are not able to advise to staff on personal matters or disputes with the University. Staff will need to obtain their own advice from an external lawyer. The Law Society of South Australia provides a referral service.

There are two types of statutory declarations, Commonwealth and state & territory statutory declarations.

Statutory Declarations made in South Australia under the Oaths Act 1936 (SA) must be witnessed by an authorised witness. The Attorney-General has issued a Code of Practice for Statutory Declarations which provides guidance for making and taking statutory declarations.

Commonwealth Statutory Declarations made under the Statutory Declarations Act 1959 (Cth) must be witnessed by an approved witness. Further guidance is available on the Commonwealth Attorney-General’s Department website.

Some international documents may require witnessing by a Notary Public. This is not the same as a JP. The University does not have a Notary Public, however you can find one through the directory available here.

If you are taking general photos at an event, we recommend that you at least notify the students that you are taking photos that will be made public so they have the opportunity to decline to be in the photo.

If you are taking photos of specific individuals, or you intend on using photos in a high-profile manner (e.g. in marketing materials) you should obtain a written consent. A template Photo Release Form is available here.

If the prize draw is being offered as a means of promoting a University activity or service and your total prize pool does not exceed $5000, this would be considered a Minor Trade Promotion Lottery and you will not need a permit. You will however need to comply with the Minor Trade Promotion Lottery conditions.

It depends on the circumstances and the value of the gift. Refer to our resource Gifts from Students or Unilink Newsletter September 2012 edition.

When filling out tender or grant application forms, researchers are often asked to answer questions regarding the University's Self Insurance status, Health, Safety and Wellbeing policies and procedures, and judicial decisions about employee entitlements.

Human Resources have prepared answers to frequently asked questions to assist researchers in completing their tender or grant application forms on their page Information for Tender or Grant Application Forms.