A significant part of our role is facilitating the University's contractual engagements. These fall within one of three categories:
- Griffith standard contracts: These are a range of template agreements that have already been approved by Legal Services, and may be completed by filling details into text fields. These standard agreements need only be referred back to us if a change to the terms and conditions is required. A range of standard agreements, together with some useful background information is included under the ‘Standard Contracts’ tab on our website.
- Agreements prepared by an external party: An agreement prepared by another party should never be signed until it has been reviewed by Legal Services. A solicitor may advise that certain clauses be re-negotiated (for example, those dealing with intellectual property or indemnities). You can initiate review of an agreement by providing an on-line briefing to one of our lawyers, through this website (through the 'Requests' tab). Once the agreement has been reviewed and is ready to be signed, we can facilitate signing by the appropriate signatory.
- An agreement drafted by Legal Services (including standard agreements the terms of which have been renegotiated or altered to accommodate particular circumstances): You can initiate the drafting of an agreement (or an alteration to the terms and conditions of a standard agreement) by providing an on-line briefing to one of our lawyers through this website (through the 'Requests' tab). It will almost always be easier and quicker if you provide comprehensive details in point form, rather than try to draft the agreement yourself and have us review it. The kind of details you will need to provide to us include:
- a description of the subject matter of the agreement and the reasons why the University might enter into it. It is useful to think this through from the perspective of who will do what by when, where they must do it (if that is relevant) and how will they do it (both in the sense of practical steps they must take and also in terms of the quality and standards applicable) and why are they doing it;
- what the University expects to gain from entering into the agreement;
- what obligations the University is prepared to accept, as a result of entering into the agreement;
- the full name and address of the other parties;
- what existing intellectual property or other assets each party will be contributing to the underlying project, whether they will continue to own that contribution and what rights the other parties will have to exploit that contribution;
- who will own the intellectual property resulting from the underlying project and what rights the other parties will have over that intellectual property;
- what publication rights will attach to any project outputs;
- the length of time it is intended the agreement go on for;
- what special risks, if any, are presented as a result of these arrangements;
- what should happen if things don’t turn out as expected;
- any special terms or conditions agreed to; and
- any aspects of the project or the subject matter of the agreement that are particularly sensitive or critical from the University’s point of view.
If the arrangements are particularly complex, you might want to describe these issues in a general way, and make an appointment to provide a verbal briefing to a lawyer once the request form has been lodged and you have been advised which lawyer has been allocated to your matter.
Identifying the University in Agreements
The University is a body corporate established under the Griffith University Act 1998. The University should be named in agreements as follows:
GRIFFITH UNIVERSITY ABN 78 106 094 461, a body corporate established pursuant to the Griffith University Act 1998, of Kessels Road, Nathan, Qld.
Please note that internal administrative units of the University such as offices, elements and faculties do not have the independent legal existence. The contracting party must always be Griffith University.
Identifying the Counterparty in Agreements
You can confirm the details of the Counterparty by searching the Australian Business Register (ABN Lookup) for publicly available information such:- as organisation name, trading name/s and Australian Business Number (ABN).
Getting Agreements signed on behalf of the University
Contracts, agreements and other documents may only be signed on behalf of the University if the person signing has an appropriate power to sign. The Authority to Sign Contracts and Agreements Policy provides a list of delegations authorising officers to sign contracts and agreements on behalf of the University.
In relation to the provision of consultancy and commercial research (or ‘CCR’) project work performed by a staff member for an external organisation, the CCR Policy also provides details of who may sign formal written contracts governing CCR project work.
Otherwise, non-standard documentation will generally need to be passed through Legal Services to be signed by the Vice President (Corporate Services). Instructions to Legal Services, except from the Office of Research or Griffith Enterprise, should be initiated by completing the Request Form located in the Requests tab.
The University has a dedicated Information Policy Officer whose role is to provide advice about copyright issues. The answer to your copyright question may be contained in the University's Copyright Guide .
- The University Information Policy Officer is Antony Ley.
The University has an Insurance Officer whose role is to provide advice about insurance issues and the scope and operation of the University's public liability, professional indemnity, directors and officers, industrial special risks and other insurance policies. The answer to your insurance question may be contained in the Insurance and Risk Management website.
- The University’s Insurance & Risk Management Officer is Trevor Case.
Legal Services does not provide personal legal advice to individual staff members and students. For advice on these matters staff and students should consult their family solicitor, union, student union or the Queensland Law Society for assistance.
Privacy and requests for the release of personal information
The University has a delegated officer whose role is to provide advice about privacy issues, the University’s Privacy Plan and the extent to which the University can release personal information about students and staff. The answer to your privacy question may be contained in the University’s Privacy Plan.
- The University’s delegated officer is the Vice President (Corporate Services) Colin McAndrew
Where the University is responding to a tender under the Consultancy and Commercial Research Policy framework, please contact Griffith Enterprise if you have any queries in relation to the tender. Legal Services is only involved in the tender stage where a draft contact has been included in the invitation to tender documents and Griffith Enterprise seeks our advice on the draft contract.
Where the University is preparing a tender for the purposes of hiring a third party to undertake services for the University, please contact Finance if you have any queries in relation to the tender.