(1) Consistent with its statutory functions under the University of Queensland Act 1998 (UQ Act), The University of Queensland (UQ or the University) provides, maintains and uses its land, buildings and facilities on all its campuses and sites for UQ Purposes. (2) As the owner of UQ Facilities, UQ has the legal: (3) This Policy provides the principles and management framework for the hire of UQ Facilities by Third Parties (defined in the section 6 Appendix), including UQ affiliated parties. (4) This Policy: (5) This Policy does not apply to UQ Facilities that are not available for hire. (6) UQ Facilities are a valuable and limited resource. UQ must manage them in a responsible and accountable manner to meet UQ’s priorities and requirements. (7) UQ may permit the hire of UQ Facilities by a Third Party, after considering a Third Party’s written application. (8) When considering an application, UQ will apply the following principles. (9) The hiring of UQ Facilities must not adversely impact on, prevent, limit or be inconsistent with, UQ’s statutory functions or UQ Purposes. (10) The use of UQ Facilities must be for lawful purposes and in accordance with the University’s statutory functions under the UQ Act. (11) Prior to approving any hire of UQ Facilities, UQ will require any Third Party proposing such hire to provide detailed, written information relevant to the event or activity to be conducted on UQ Facilities during the period of hire and any public safety and security issues. (12) UQ may decide that any proposed use is not a lawful purpose or in accordance with the statutory functions of the University or this Policy and that consequently, the proposed use must not proceed. If UQ so decides, it will inform the proposed Third Party hirer (hirer) and the proposed use must not occur. (13) In deciding on applications to hire UQ Facilities, including applications from external visiting speakers and invited visiting speakers, UQ: (14) The hire of UQ Facilities is subject to UQ’s reasonable contract terms and conditions, as determined by UQ from time to time. (15) Despite UQ’s contract terms and conditions, the hirer must acknowledge and agree that UQ may: (16) Despite UQ’s contract terms and conditions, a hirer must ensure that the hirer and any of the hirer’s agents, consultants, employees or invitees, do not: (17) Insurance, Indemnity and Release (18) UQ and UQ Controlled Entities (for UQ Facilities under their control): (19) The Chief Operating Officer is responsible for the overall management of UQ Facilities, operationalised through the Property and Facilities Division. (20) The Academic Registrar (through Examinations and Timetable Services) is responsible for the overall day-to-day management of central teaching spaces at UQ. (21) UQ Controlled Entities, including UQ Sport Limited, are responsible for managing UQ Facilities they occupy, including sporting and other associated facilities, as agreed with UQ. (22) Unless otherwise determined by the Chief Operating Officer, the Chief Property Officer (through UQ Security) is responsible for managing all other UQ Facilities, excluding teaching space and facilities managed by a UQ controlled entity. (23) For their respective areas of responsibility, the Academic Registrar, UQ Controlled Entities, and Property and Facilities Division will: (24) The Chief Property Officer has overall responsibility for the monitoring and review of this Policy and for providing assurance on its effectiveness. (25) The Academic Registrar will monitor the hire and use of UQ teaching space to ensure that it is undertaken in accordance with this Policy. (26) UQ Controlled Entities will monitor their hire and use of UQ Facilities they occupy to ensure that it is undertaken in accordance with this Policy. (27) Records relating to the administration of this Policy will be maintained by the relevant Organisational Unit or UQ Controlled Entity. (28) The Chief Property Officer, with necessary support from the Academic Registrar and UQ’s Controlled Entities, will produce reports to the Vice-Chancellor and the Vice-Chancellor's Risk and Compliance Committee regarding risks and issues associated with Third Party access to UQ Facilities, and compliance with this Policy.Third Party Hire of UQ Land, Buildings and Facilities Policy
Section 1 - Purpose and Scope
Context
Purpose
Scope
Section 2 - Principles and Key Requirements
Availability
Use
in, on, over or above UQ Facilities.
Fees and Charges
Top of PageSection 3 - Roles, Responsibilities and Accountabilities
Chief Operating Officer
Property and Facilities Division, Academic Registrar and UQ Controlled Entities
Top of Page
Section 4 - Monitoring, Review and Assurance
Section 5 - Recording and Reporting
Section 6 - Appendix
Definitions
Term
Definition
Claim
Includes:
against or adverse to UQ, and all liabilities, arising out of or incidental to the hirer’s entry to and use of UQ Facilities, except for claims for personal injury and property damage caused or contributed to, by UQ.
External Visiting Speaker
Has the meaning given to it in the Schedule to the Governance and Management Framework Policy.
Hire Agreement
Means a short term, commercial arrangement between UQ or a UQ Controlled Entity and a Third Party hirer (excluding a lease or licence to occupy) incorporating UQ’s terms and conditions for hiring, under which UQ confers on the hirer a temporary, revocable and non-exclusive licence over a part of UQ Facilities.
Including
Is not a word of limitation and means ‘including without limit’ and ‘includes’ has a corresponding meaning.
Invited Visiting Speaker
Has the meaning given to it in the Schedule to the Governance and Management Framework Policy.
Reasonable and Proportionate Regulation
Includes reasonable and proportionate restrictions on external visiting speakers and invited visiting speakers using University land or facilities, which may include:
a. Regulation of conduct necessary or desirable to:
i. discharge the University's education and research activities and, to the extent that those activities are informed and advanced by argument and disagreement, by setting scholarly standards for those arguments and disagreements that are conducive to the University’s core mission of the advancement of knowledge;
ii. discharge the duty to foster the wellbeing of staff and students;
iv. comply with the University's legal obligations;
v. protect against the unauthorised use of intellectual property;
vi. discharge duties of confidentiality;
b. Refusing permission to any invited visiting speaker or external visiting speaker to speak on University land or use University facilities where:
i. the University assesses it necessary or desirable to:
• discharge the duty to foster the wellbeing of staff and students.
Speech
Has the meaning given to it in the Schedule to the Governance and Management Framework Policy.
The duty to foster the wellbeing of staff and students
Has the meaning given to it in the Schedule to the Governance and Management Framework Policy.
Third Party
b. member of UQ’s staff (in their capacity as a UQ staff member);
c. lessee or licensee of UQ, under an existing lease or licence to occupy or a similar binding agreement;
d. sightseer or a person making irregular or casual use of UQ Facilities that are open to the public.
UQ Facilities
Includes any UQ campus, building, facility (including UQ’s recreational, sporting and cultural facilities), structure, infrastructure, land, premises, site, utility or plant or any part thereof or any other real property owned, leased or controlled by UQ.
UQ Purposes
Includes university teaching, learning, research, examinations, ceremonial occasions, senate meetings, building activities, commercial activities, markets and concerts.
Works
Means to carry out works, including to refurbish, renovate, repair, relocate or demolish, in, on or over UQ Facilities.
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a. any legal actions, claims or proceedings in the Supreme Court, District Court, Queensland Civil and Administrative Tribunal (QCAT) or any other court;
b. any application or request to any authority, body, court, tribunal or council exercising jurisdiction over or in respect of UQ Facilities;
c. any demand or similar notice;
d. the exercise of any rights;
iii. protect the right and freedom of others to express themselves and to hear and receive information and opinions;
• comply with the University's legal obligations; or
ii. the content of the speech is or is likely to involve the advancement of theories or propositions which purport to be based on scholarship or research but which fall below scholarly standards to such an extent as to be detrimental to the University’s character as an institution of higher learning.
Means a person or legal entity who is seeking UQ’s permission to hire UQ Facilities for a material purpose, for a short term and who is NOT a:
a. UQ student (in their capacity as a UQ student);