Legal Services

Legal Services

SUMMARY

The Legal Services Policy establishes the requirements for obtaining legal advice and assistance by staff of the University and its controlled entities.

POLICY

PurposeTo set out the requirements for obtaining legal advice and assistance by staff of the University and its controlled entities.

Overview

The University General Counsel’s Office is responsible for the provision of legal services, advice to, and acting on behalf of, the University and its controlled entities.  The University Solicitors do not provide advice to students, nor do they provide advice to staff about matters unrelated to the business or interests of the University.

Controlled entities include the Macquarie Graduate School of Management (MGSM), Access Macquarie and companies in which Macquarie University holds a controlling interest.
ScopeThis policy applies to all staff of the University and its controlled entities.

Policy

Legal advice will only be available to staff of the University as long as the matter is related to the business or interests of the University.

OBTAINING LEGAL ASSISTANCE
Contact with a University solicitor for advice or assistance is to be made promptly, ie:
  • early in a dispute
  • where there is a potential legal issue such as unsatisfactory performance under a contract
  • when it is proposed to go to tender or quotation for the provision of services or goods
  • at the beginning of contract negotiations
  • on the receipt of a subpoena, demand or similar

LEGAL INSTRUCTION CHECKLIST
When instructing the General Counsel’s Office, the Legal Instruction Checklist must be used.

All requests for legal advice must have approval from the Executive Dean of Faculty, Head of Department or Office.  All relevant documentation must be provided.

EXTERNAL LEGAL SERVICES
Only the Vice-Chancellor, Deputy Vice-Chancellor and Chief Operating Officer or General Counsel can approve the use of external legal services for Macquarie University and all controlled entities.

Only the Vice-Chancellor, Deputy Vice-Chancellor and Chief Operating Officer, Chief Financial Officer or General Counsel may authorise payment for external legal services

REPORTING
The General Counsel will report on legal activities and expenditure throughout the University.

Controlled entities will report to their respective boards and in each Annual Report

COMPLIANCE AND BREACHESThe University may commence applicable disciplinary procedures if a person to whom this policy applies breaches this policy (or any of its related procedures).

Policy Information

Contact OfficerGeneral Counsel
Date Approved9 February 2010
Approval Authority

Chief Operating Officer and Deputy Vice-Chancellor

Date of Commencement9 February 2010
Amendment History

29 May 2017 - updated Approval Authority from Chief Operating Officer to Chief Operating Officer and Deputy Vice-Chancellor.
13 May 2014 – updated Checklist and amended position title
December 2011 – updated with Compliances and Breaches statement

Date for Next ReviewFebruary 2012
Related DocumentsLegal Instruction Checklist
Legal Professional Privilege Guideline
Legal Advice Procedure
Subpoena Procedure
Policies / Rules Superseded by this PolicyAny previous convention or protocol relating to the provision of legal advice by or for the University and its controlled entities.
KeywordsLegal, Advice, Solicitor, Counsel

Asset ID = 423105

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