Governance in the new regulatory era — part two: three new focus areas

Given the changing nature of Australian higher-education providers (including their continued globalisation and focus on commercial activities), and the potentially serious consequences of non-compliance with governance obligations, members of governing bodies need to focus their attention on the key governance risks for their organisations.

The recent Centro decision (Australian Securities and Investments Commission v Healey [2011] FCA 717) put the spotlight on governance in the corporate sector. Part one of this series described the governance framework in which higher-education providers are required to operate. Part two discusses three key governance focus areas to consider in light of this regulatory framework.  

Appointing council members with an appropriate mix of skills and experience is clearly an important part of ensuring that the governing body is well equipped to oversee the higher-education provider’s operations (as well as being a specific obligation identified in the Threshold Standards). The requisite skills will obviously depend on the nature and scale of the provider’s operations. For example, governance of providers that undertake research will require specific knowledge about research activities and research funding. Similarly, governance of providers with overseas operations will need to have some experience in doing business overseas and the provision of education to international students…

If you are registered and logged in to the site, click on the link below to read the rest of the Minter Ellison briefing. If not, please register or sign in with your details below.  

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.


Level 40, Governor Macquarie Tower
1 Farrer Place

Jurisdiction: Australia
No. of offices: 14
No. of qualified lawyers: 1085