Offshore Activities Policy

1. Purpose

1.1 The Offshore Activities Policy (the policy) enables UTS to: 

1. engage in offshore activities in support of the university’s strategy, priorities and values, and
2. meet its statutory and regulatory requirements.

2. Scope

2.1 This policy applies to all staff and affiliates, and all offshore activities.

2.2 This policy does not apply to:

1. programs of study organised under UTS global exchange (refer Global exchange) including programs of in-country study organised as part of the international studies program, and
2. international student recruitment agency arrangements for marketing and recruitment of international students, which is managed through UTS International in collaboration with the Lifetime Learner Experience Unit.

3. Principles

3.1 UTS offshore activities must: 

1. support the UTS 2030 strategy, its values and commitments
2. further the object and functions of the university (under section 6 of the University of Technology Sydney Act 1989 (NSW))
3. maintain UTS’s high academic, research and professional standards
4. where possible and practical, seek official recognition and accreditation in the host country
5. be, or within a defined time period become, financially viable and sustainable, and
6. promote and enhance UTS’s reputation and profile.

4. Policy statements

Strategic purpose

4.1 UTS may conduct offshore activities of an appropriate nature, quality and standing to: 

1. promote the development of international communities of knowledge, professional practice and learning
2. develop or enhance international research opportunities
3. build and sustain strategic alliances with international institutions of higher education, research partners, learned bodies and industry or government partners that add value to UTS or support national interests
4. provide opportunities for students to complete a UTS program while staying in their home country or region
5. attract high quality students, academics and researchers to UTS
6. promote internationalisation of the curriculum and build the intercultural capabilities of UTS students and staff
7. increase access to UTS educational offerings for new student audiences, and/or
8. improve international recognition of the UTS brand and its impact globally.

Risk and compliance requirements

4.2 All offshore activities must undergo appropriate due diligence at the start of any relationships or collaborations. This must be completed to the satisfaction of the relevant delegate responsible for the approval of the agreement or oversight of the collaboration (refer Delegations). Due diligence for offshore activities should include, proportionate to the risks: 

1. legal advice
2. a risk assessment
3. a compliance assessment
4. a background assessment on each proposed international partner (to ensure they have the relevant skills and reputation), and
5. a value alignment (with UTS’s values). 

4.3 Risk, due diligence and quality assurance standards must be met for the proposed offshore activity, noting that this may include requirements outlined in the policy or process relevant to the nature of the activity. 

4.4 Offshore activities, including informal collaborations or engagements not governed by a partner agreement, must be risk assessed to: 

1. ensure compliance with Australian legal requirements
2. ensure compliance with the legal requirements of the offshore partner country (or countries), and
3. identify and address any risks associated with the activity (refer Risk Management Policy and Research Project and Engagement Risk Guidelines (SharePoint)). 

4.5 Both the offshore activity and any international partners (refer Definitions) must be assessed against each of the applicable regulatory schemes (refer International Collaboration and Engagement: Regulatory considerations (SharePoint)). This must be documented as part of the risk assessment and relevant approval process. 

4.6 Faculties may work with the Research Office and/or UTS International to build discipline-specific compliance activities and processes to support compliance with the requirements outlined at International Collaboration and Engagement: Regulatory considerations (SharePoint) and any relevant funder agreements.

Agreement approvals and categories

4.7 Offshore activities may take a number of forms and are approved and managed in line with the Delegations and/or the policy or process relevant to the nature of the activity (refer statement 4.9). 

4.8 Partner agreements must be developed in consultation with the Office of General Counsel and approved in line with: 

1. the relevant policy
2. the established process as managed by UTS International
3. the relevant legal contract or agreement (refer Request for contract signing (SharePoint)), and/or
4. via an international memorandum of understanding (MOU) and relevant processes approved by the Deputy Vice-Chancellor (International) (refer International Memoranda of Understanding and Agreements Protocols and Procedures available from UTS International). 

4.9 Staff, students and affiliates seeking to engage in offshore activities must refer to the relevant policy, process or responsible area relevant to the activity. This includes the: 

1. Research Policy for research collaboration, engagement and translation activities
2. Centres Policy for the development and approval of centres at UTS
3. Commercial Activities Policy for the development and approval of UTS commercial activities (including joint ventures)
4. International Memoranda of Understanding and Agreements Protocols and Procedures for global strategic partnerships or key technology partnerships
5. Deputy Vice-Chancellor (External Engagement and Partnerships) division for the development and approval of corporate, government and cultural strategic partnerships
6. Offshore Teaching and Learning Activities Policy and the International Memoranda of Understanding and Agreements Protocols and Procedures for the development and approval of graduate research training, collaborative doctoral research degrees and graduate research engagement activities and for the development of academic arrangements that provide entry to UTS courses in Sydney
7. Offshore Teaching and Learning Activities Policy for the development and approval of offshore teaching and learning activities
8. Offshore Teaching and Learning Activities in Modern Standard Chinese Policy for the development and approval of offshore teaching and learning activities in Modern Standard Chinese
9. Short Forms of Learning Policy for the development and approval of short forms of learning, including enterprise learning, and
10. Research Policy and University Consulting Procedure (SharePoint) for university consultancy arrangements to be conducted offshore. 

4.10 Each offshore activity must have an identified owner as part of the agreement, normally the relevant member of the senior executive.

Quality assurance and compliance

4.11 Offshore activities must be regularly reviewed to ensure continued alignment with UTS strategic and operational goals and to ensure value alignment. When establishing and overseeing an offshore activity, the owner must: 

1. include clear governance arrangements
2. outline responsibilities for activity management
3. ensure that the activity is regularly reviewed and risk assessed to confirm that risk mitigations are adequate and regulatory requirements are met and that the activity continues to meet the requirements of this policy and any other UTS policy, protocol, agreement or process for the duration of the activity
4. outline conditions and processes for implementing an exit strategy
5. include a review and reporting cycle and responsibilities as part of the establishment documentation (this may form part of any internal or external compliance or reporting requirements specific to the activity, for example, centres must comply with the performance and review requirements outlined in the Centres Policy and offshore courses must comply with the review and/or reaccreditation requirements outlined in the Course Approval Policy).

Exemptions

4.12 The Vice-Chancellor may, in line with the Delegations, approve offshore activities that would otherwise not comply with this policy where: 

1. it is determined that the opportunity would be in the university’s best interests (to further its objectives and functions)
2. the risks are identified and can be appropriately managed, and
3. the Vice-Chancellor, on approval, advises Council via the Audit and Risk Committee of the nature and scope of the offshore activity and the reasons for authorising the exemption.

Privacy and records management

4.13 Privacy and records management obligations must be managed in line with the Privacy Policy and the Records Management Policy. Compliance with offshore privacy regulations may also be required. Corporate Information in the Governance Support Unit should be contacted to address any discrepancy between UTS requirements and those of the international partner.

Policy breaches

4.14 Breaches of this policy must be reported to the Deputy Vice-Chancellor (International) for management and escalation as appropriate. Reports can be made directly to the Deputy Vice-Chancellor (International) or via the Student Complaints Policy or the Staff Complaints Policy. 

4.15 Breaches of this policy will be managed in line with one or more of the following as appropriate: 

1. Code of Conduct
2. Student Rights and Responsibilities Policy
3. Data Breach Policy
4. Whistleblowing and Public Interest Disclosures Policy
5. Research Policy
6. Enterprise agreements
7. individual contract of employment and the relevant Enterprise agreement
8. section 16, Student Rules
9. state or federal legislation. 

4.16 UTS may act against staff, students or affiliates who are found to be in breach of this policy. This may include disciplinary action or sanctions for misconduct or serious misconduct under the Student Rules, an applicable Enterprise agreement, contract of employment or other form of engagement, including, but not limited to, termination of employment or contract. 

4.17 In some circumstances, depending on the nature of the breach, UTS may be required to notify a relevant statutory authority and/or agency (within Australia or offshore). This may result in criminal action, fines or imprisonment.

5. Roles and responsibilities

5.1 Policy owner: The Deputy Vice-Chancellor (International) is responsible for ensuring that UTS offshore activities are conducted in line with this policy and meet legislative and other compliance requirements. The Deputy Vice-Chancellor (International) is also responsible for the development, approval and implementation of the UTS international memoranda of understanding, ensuring that they are consistent with this policy and the Delegations.

5.2 Policy contact: The Pro Vice-Chancellor (Global Partnerships) has general responsibility for coordinating all UTS offshore activities and for ensuring that they are conducted in line with this policy.

The Deputy Vice-Chancellor (Research) is responsible for the International Collaboration and Engagement Portal (SharePoint), which supports the regulatory compliance requirements outlined in this policy. 

The Deputy Vice-Chancellor (Education and Students) has responsibility for teaching and learning activities, including those activities conducted offshore.

5.3 Implementation and governance roles:

Delegates are responsible for ensuring compliance with this policy, other university policies and any regulatory requirements.

Staff, students and affiliates engaging in offshore activities are responsible for: 

1. complying with this policy and the relevant legal and regulatory requirements of Australia, the country in which the offshore activity will be conducted and the country of the international partner, and
2. ensuring they are not in breach of Australian and/or international laws when engaging in any offshore activities.

6. Definitions

The following definitions apply for this policy and all associated procedures. These are in addition to the definitions outlined in Schedule 1, Student Rules. Definitions in the singular include the plural meaning of the word.

Affiliate is defined in the Code of Conduct.

Global strategic partnership (GSP) means a mutually beneficial international collaboration between UTS and another organisation or entity (normally a university, institute, research or educational partner) with the primary objective of achieving strategic goals with global impact. These partnerships foster cooperation in areas such as teaching and learning, research, joint degrees, and other strategic initiatives (typically in 2 or more areas of interest) and: 

1. involve a comprehensive and integrated approach to addressing shared challenges and pursuing common interests by using collective strengths
2. are established via structured frameworks and formal agreements
3. are characterised by a long-term commitment and the alignment of objectives to create a strategic impact that goes beyond individual capabilities.

International partner means an individual, organisation, entity, institution, delivery partner, research centre or agency based outside the borders of Australia with whom UTS cooperates in an offshore activity. Relationships with international partners may be formal (via a partner agreement) or informal.

Key technology partnership (KTP) means a mutually beneficial international collaboration between UTS and another organisation or entity (normally a university, institute, research or educational partner) with a focus on outcomes in enterprise, innovation, teaching and learning, research and/or research training. KTPs are normally agreed via a memorandum of understanding with minimal investment by UTS. Partner organisations or entities must have a shared commitment with UTS and deliver, or have the potential to deliver, significant outputs and/or outcomes from the collaboration. In some cases, KTPs may become global strategic partnerships (though it is neither necessary for a GSP to have been a KTP, nor for the objective of a KTP ultimately to become a GSP).

Offshore activity means any activity, formal or informal, where UTS (or its staff or students) engages with an international partner and/or otherwise operates beyond the borders of Australia.

Partner agreement (also international partner agreement) means the memorandum of understanding, contract or commercial agreement through which an offshore activity is formalised with an international partner.