Legislative Compliance

Section
Board
Approval Date
17 March 2022
Approved By
Chair: Otago Polytechnic Limited Board
Next Review
17 March 2024
Responsibility
Otago Polytechnic Limited Board
Baldrige Criteria
Leadership
Purpose

The Polytechnic is committed to ensuring that it conducts its business in a lawful, professional, and ethical manner.

The Polytechnic’s commitment to legal compliance in all aspects of its operations is demonstrated by the development, maintenance and ongoing improvement of the Legislative Compliance System set out in this policy. The scope of this policy is “legislative compliance”, that is compliance with all relevant statutes and regulations.

Policy
  1. The Legislative Compliance System is made up of:
    1. Allocating responsibilities for legislative compliance
    2. Proper resourcing of the Legislative Compliance System
    3. Identifying and assessing legislative compliance obligations
    4. Regular monitoring and reporting of legislative compliance including any compliance failures
    5. Ongoing training of staff to enable them to fulfil their compliance obligations
    6. Reviewing the Legislative Compliance System
    7. Updating by Otago Polytechnic Limited’s solicitors as to applicable legislation and risk as appropriate.

 

  1. The policy applies to all activities of Otago Polytechnic Limited at governance, management, and operational levels.

 

  1. The Chief Executive may delegate responsibility for compliance to specific members of Otago Polytechnic Limited's Executive Leadership Team, Heads of College, and Directors.

 3.1. Deputy Chief Executive: Corporate Services:

3.1.1. The Deputy Chief Executive: Corporate Services will oversee the maintenance of an up-to-date Register of Key Legislation based on an assessment of the major risks to the Polytechnic. The Register will include:

a. summary of the key legislation

b. the risks or consequences of failure to comply; and

c. the member of the Executive Leadership Team responsible for each compliance area.

3.1.2. The Deputy Chief Executive: Corporate Services is also responsible for managing the Polytechnic's Legislative Compliance System and for reporting routines that include providing "positive assurance" to the Board annually that the Polytechnic has complied with relevant legislation.

3.2 Contracts Manager:

3.2.1 The Contracts Manager will be responsible for the following duties:

a. maintaining the Register of Key Legislation

b. liaising with the Polytechnic's legal and risk advisors on any new requirements

c. recommending changes to the Polytechnic's Register of Key Legislation, reflecting changes to legislation, and the recommendations of the Polytechnic’s legal advisers

d. advising the Deputy Chief Executive: Corporate Services on any legislative compliance issues not delegated

e. co-ordinating the Legislative Compliance System reporting systems and arranging audits of the System

f.  ensuring that reporting under section 4 of this policy is completed.

3.3. Executive Leadership Team, Heads of College, and designated Directors have the responsibility detailed in the Register of Key Legislation. In fulfilling that responsibility, they will:

a. liaise with the Contracts Manager on changes to legislation compliance requirements

b. advise on compliance issues

c. establish and implement systems, procedures, guidelines, training programmes, informative materials and take such other action as may be reasonably required to ensure legislative compliance

d. report annually on compliance status including signed Declaration Forms

e. report immediately, on any identified risk exposure

f. report immediately, on any critical breach

g. maintain all necessary records as are reasonably required.

 3.4 All Polytechnic staff are responsible for acting in a legally compliant way in the course of their duties and should:

a. be aware of, and comply with, the legislative obligations relevant to their role

b. undertake any necessary compliance training and be aware of Otago Polytechnic Limited’s policies and procedures which promote and support legal compliance; and

c. report any compliance concerns, issues, and failures in accordance with this policy and know that such reporting is valued and encouraged by the Polytechnic.

4.        Resourcing and Training

4.1 The Polytechnic is committed to properly resourcing the development, maintenance, and improvement of the Legislative Compliance System.

4.2 The competence and training requirements for the achievement and promotion of legislative compliance at the Polytechnic will be assessed on an ongoing basis.

 

5.        Monitoring and Reporting of Legislative Compliance

5.1. In addition to a specific obligation to report actual or potential breaches of legal obligations to the Deputy Chief Executive: Corporate Services and Audit and Risk Committee as they become known, regular monitoring of legislative compliance will be undertaken and reported as follows:

a. Annual reports to the Deputy Chief Executive: Corporate Services from Executive Leadership Team, Heads of College, and designated Directors on compliance with legislative requirements, and reporting non-compliance occurrences.

b. annual declarations by all responsible managers.

c. annual report and declaration from the Deputy Chief Executive Corporate Services to the Audit and Risk Committee on Otago Polytechnic Limited’s overall compliance with legislative requirements.
 

5.2 Legislative Compliance reports will also:

a. highlight any significant changes to the Polytechnic’s legislative compliance obligations which have occurred since the last report or which are known to be about to occur, and the strategies in place to meet new or altered obligations

b. provide commentary on any significant areas of poor, reduced, or improved compliance performance, including details of the corrective action taken, or proposed to be taken, where significant legislative compliance breaches have been identified; and

c. provide evidence of the Compliance System’s effectiveness, achievements, and trends.

5.3 Otago Polytechnic Limited’s policy and procedures will be regularly reviewed and updated as a part of business as usual, with any immediate need to update or amend this Policy identified through regular monitoring of compliance; reporting of compliance breaches; and the timely notification of changes to legislation.

References

Legislative Compliance  - Register of Key Legislation and Declaration of Compliance

 

Register of Key Legislation

 

Statute

Oversight

Reporting

Accident Compensation Act 2001 (formerly Injury

Prevention, Rehabilitation and Compensation Act)

DCE: People, Culture and Safety

Director: Health and Safety

 

Building Act 2004

DCE: Corporate Services

Director: Campus Environment

Consumer Guarantees Act 1993

DCE: Learner Experience

Director: Learner Services

Copyright Act 1994

DCE: Learning and Teaching Services

Director: Research and Postgraduate Studies

Crown Entities Act 2004

Chief Executive

DCE: Corporate Service

 Education (Pastoral Care of Tertiary and International Learners) Code of Practice 2021

1)      DCE: Learner Experience

2)      DCE: Corporate services

1)      Director: Learner Services

2)      Manager Te Pā Tauira (OPSV)

Education Act 1989

Chief Executive

DCE: Corporate Services

Education Act 1989

DCE: Learner Experience

Director Learner Services

Employment Relations Act 2000

DCE: People, Culture and Safety

Business Partners

Fair Trading Act 1986

DCE: Learner Experience

Director: Learner Services

Food Act 2014

DCE: Corporate Services

Manager: Functions and Catering

Goods and Services Tax Act 1985

DCE: Corporate Services

 Director: Financial Services

Hazardous Substances and New Organisms Act 1996

DCE: People, Culture and Safety

Director: Health and Safety

Health and Safety at Work Act 2015 (replaces Health

and Safety in Employment Act 1992)

DCE: People, Culture and Safety

Director: Health and Safety

Holidays Act 2003

DCE: People, Culture and Safety

Business Partners

Human Rights Act 1993

DCE: People, Culture and Safety

Director: People and Culture

Income Tax Act 2007

DCE: Corporate Services

Director: Financial Services

KiwiSaver Act 2006

DCE: People, Culture and Safety

Business Partners

Local Authorities (Members Interests) Act 1968

DCE: Corporate Services

DCE: Corporate Services

Local Government Official Information and Meetings

Act (Part 7) 1987

Chair of Board

Board Secretary

Minimum Wage Act 1983

DCE: People, Culture and Safety

Business Partners

Official Information Act 1982

DCE: Corporate Services

Te Kaihāpai

Parental Leave and Employment Protection Act 1987

DCE: People, Culture and Safety

Business Partners

Privacy Act 1993

DCE: Corporate Services

Te Kaihāpai

Property Law Act 2007

DCE: Corporate Services

Director: Campus Environment

Protected Disclosures Act 2000

Chief Executive

DCE: Corporate Services

Public Finance Act 1989

DCE: Corporate Services

DCE: Business Services

Public Records Act 2005

Chief Executive

Chief Information Officer

Resource Management Act 1991

DCE: Corporate Services

Director: Campus Environment

Sale and Supply of Alcohol Act 2012 (replaces Sale of Liquor Act 1989)

DCE: Corporate Services

Manager: Functions and Catering

Smoke Free Environments Act 1990

DCE: People, Culture and Safety

Director: Health and Safety

State Sector Act 1988

DCE: People, Culture and Safety

Business Partners

Wages Protection Act 1983

DCE: People, Culture and Safety

Business Partners

SIGNATURE

Approved by:

Adam La Hood

Otago Polytechnic Limited Board Chair

17 March 2022

 

 

POLICY VERSION:  PREVIOUSLY CODED: CP0007.