Most activities involving a relationship between ECU and an external party will require a formal contract or agreement, setting out the terms and conditions of the arrangement as agreed between both parties.
Examples include, but are not limited to:
The Office of Legal Services has prepared a range of template agreements for use by ECU faculties, schools and centres. The purpose of the template agreements is to manage ECU’s risks in relation to contracts that it regularly enters into.
The benefits of using the templates include:
Template agreements must be downloaded from our website to ensure you are always using the current version. We will update the templates regularly.
Each template comes with a user guide. Please follow this guide each time as it explains when the template may be used, how to complete it and the conditions of use.
The Delegations Manual sets out the delegated authorities within ECU. Please check this manual before signing a template agreement.
These templates should be used where a research agreement is drafted by ECU or an external party. For more information, see our Office of Research and Innovation agreements web page.
If you require assistance in drafting or reviewing an agreement provided by an external party, please contact us.
It’s important to ensure that a contract or agreement to which ECU is a party clearly sets out the key elements of the arrangement and safeguards the University's interests. Failure to ensure this could put the relationship and ECU at risk.
Essential elements of any contract or agreement include:
Some agreements should be signed by the Vice-Chancellor. These include agreements:
Agreements for the Vice-Chancellor's signature should be forwarded to the General Counsel, Office of Legal Services with a briefing memo:
The agreement will be reviewed by staff of the Office of Legal Services prior to being forwarded to the Vice-Chancellor for signature.
Agreements containing insurance or indemnity clauses should be forwarded to the Director, Risk Management and Audit Assurance for advice prior to being signed.
Please refer to the Delegations Manual for information on delegations for the signing of agreements.
Agreements occasionally need to be signed and sealed with the University's Common Seal. These include agreements relating to land transactions and deeds (such as deeds of gift) where there is no consideration.
Several days' extra time should be allowed for the application of the Common Seal. A two-part procedure applies:
If more convenient, a Faculty or Centre may arrange for the written approval of the Vice-Chancellor prior to forwarding the agreement to the General Counsel, Office of Legal Services. In this case, the wording of the recommendation must make it clear that the Vice-Chancellor's approval is requested for the agreement to be signed and sealed.
Records and Archives Management Services provide guidance on the safekeeping of vital records. For more information, see their Recordkeeping Manual web page.
A review of the processes relating to agreements is currently being undertaken by us with a view to clarifying these to better assist ECU staff and further minimise risk.
In the interim, you should contact one or more of the staff listed below for assistance.
General issues, engaging legal advice
General Counsel, Office of Legal Services
Telephone: (61 8) 6304 2016
Overall risk issues, insurance and indemnities
Director, Risk Management and Audit Assurance
Telephone: (61 8) 6304 2495
Manager, Business Services
Telephone: (61 8) 6304 2101
Simon Davies Burrows
Manager, ECU International
Telephone: (61 8) 6304 2438