Legal status of the University
What kind of entity is the University? What is the University's legal status?
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.
Does the University have a constitution?
Who are the directors of the University?
What is the University's ABN?
61 249 878 937
I need someone to review a contract.
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.
When do I need a formal written contract?
Do you have a standard Memorandum of Understanding (MOU) / Agreement that I can use?
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.
I need to put in place a contract. Who should I speak to?
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.
Agreements related to:
Specialist area to consult:
Specialist process to follow:
International arrangements – students, teaching or research; Relationships with international education institutions
Pro Vice-Chancellor (International)
sets out approval and development processes, which must be followed before any agreement is negotiated or documented.
Jointly conferred academic (coursework) awards
Jointly conferred academic (higher degree by research) awards
Use of University brand (including name, logos, trademarks)
Marketing and Communications
Competitive research grants
Research contracts, non-competitive research grants or consultancy services
Protecting and commercialising intellectual property (including related Confidentiality Disclosure Agreements and Material Transfer Agreements)
Collaborative research ventures with external parties
Establishment or acquisition of Controlled Entities
Legal and Risk Branch
Capital works (major and minor building work and infrastructure projects or property use transactions)
As directed by Infrastructure Branch
Procurement of goods and services for the University of Adelaide
As directed by Strategic Procurement
Maintenance and utilities supply Agreements
Infrastructure Campus Services
As directed by Infrastructure Campus Services
Computer software licensing
Information Technology and Digital Services
As advised by Information Technology and Digital Services
Third Party Hosting services
Information Technology and Digital Services
Contracts of employment and appointment of titleholders
As directed by Human Resources Branch
Engagement of consultants or contractors
Gifts, sponsorships, externally-funded scholarships
Externally-funded postgraduate research scholarships
Adelaide Graduate Research School
As directed by the Adelaide Graduate Research School
Legal and Risk Branch
As directed by Insurance Specialist
All Contracts containing or proposing a ‘hold harmless’ clause or provision
Office of General Counsel
As directed by General Counsel and Executive Director, Legal and Risk
If multiple specialist areas are relevant to your contract:
Consult collectively with them to determine the appropriate contract manager. If agreement cannot be reached, the decision can be escalated to the relevant Deputy Vice-Chancellor(s) and Vice-President(s)
Who can sign a contract? Can Legal & Risk sign the contract?
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".
Can the contract be in the name of my School / Centre / Unit?
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.
The other party is requesting the University’s common seal – how do I obtain this?
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.
What should I do with the signed contract? Do I send the signed contract to Legal & Risk?
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.
Please contact Global Engagement for specialist processes relating to International Agreements.
Our contract is about to expire but the parties would like the arrangements to continue. What should I do?
Our contract has already expired. Is that a problem?
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.
I need to arrange an international agreement. Who can assist me?
I am a student and need legal advice
I am a staff member needing help on a personal legal issue
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.
Who can witness a statutory declaration?
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.
I have a document that requires witnessing by a Notary Public. Is this the same as a JP?
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.
We're taking some photos of students and would like to use them on our School website / marketing material. Do we need consent?
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.
I want to run a competition or survey for students in which each participant goes into the draw for a prize. Do I need a permit?
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.
A student has given me an expensive gift. Is it appropriate for me to keep it?
I am preparing a tender or grant application. Where can I obtain information about Work, Health and Safety issues, workers compensation or claims?
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.