This order defines which university units count as faculties or research schools and which office‑holders count as their deans or research school heads for internal ANU elections, repeals the 2020 Governance Order, and includes transitional rules and a 10‑year expiry. It takes effect the day after registration. It directly affects who may stand and vote in those internal elections and fixes the institutional list used for electoral eligibility (see s5, sch.1, s6, s7).
This Governance Order 2024 (the instrument) prescribes, for the purposes of the ANU Act, the Governance Statute and the Governance Rule, which specific institutional positions and organisational units at the Australian National University are to be treated as "deans" or "research school heads" for election and voting purposes (see Part 2, s 5). Mechanically, the instrument:
Commences the day after it is registered (s 2).
Declares its legal basis: it is made under the Governance Statute, section 68 (General power to make rules and orders) (s 3).
For election eligibility and voting, specifies that the bodies identified in column 2 of Schedule 1 are to be regarded as faculties or research schools, and that the person holding the position identified in column 1 is to be regarded as the dean or head of that body (s 5(a)-(b); Schedule 1).
Repeals the Governance Order 2020 (s 6).
Enables orders (rules) under the Governance Statute s 68(1) to prescribe transitional matters relating to the repeal or making of this instrument, and provides that such rules may have effect despite anything in this instrument (s 7(1)-(3)).
Applies the Legislation Statute, section 26 (Repeal of University legislation) to the repeal of the Governance Order 2020 and treats the provisions of Division 3.2 as transitional provisions for that purpose (s 8).
States that the Division is additional to, and does not limit, the Legislation Statute s 26 or the Acts Interpretation Act s 7 as applied by the Legislation Act s 13(1)(a) (s 9).
Sets a sunset: the instrument expires ten years after commencement (s 10).
Schedule 1 operationalises the core change by listing 32 items, mapping specified positions (Column 1) to specified bodies (Column 2). The Schedule uses a mixture of position titles,Dean, Director, Head,and lists faculties/colleges and named research schools (Schedule 1 table, items 1-32). The instrument includes internal notes that point users to definitions in the Governance Statute, Legislation Statute and the Legislation Statute dictionary for terms such as "dean", "deans and research school heads member", "ANU Act", and "position" (s 4 and accompanying notes).
Current sections
Direct links to the current provisions in Governance Order 2024.
This instrument commences on the day after it is registered.
3 Authority
This instrument is made under the Governance Statute of the University[1], section 68 (General power to make rules and orders).
4 Definitions
The following notes provide information about definitions applying to terms used in this instrument.
[Note 1: The Governance Statute, section 5 (Definitions) defines terms relevant to this instrument (see Legislation Statute, section 9(1) (Terms used in authorising legislation etc.)), including the following:
dean (see ANU Act, section 3 (Interpretation)
deans and research school heads member (see section 9(1)).]
[Note 2: For definitions applying to University legislation generally, see the dictionary in the Legislation Statute. That dictionary defines terms relevant to this instrument, including the following:
ANU Act
position.]
Part 2—Elections for deans and research school heads member
5 Eligibility for election and voting
For the ANU Act, the Governance Statute and the Governance Rule:
(a) the bodies mentioned in column 2 of the table in Schedule 1 are the bodies that are to be regarded as faculties or research schools; and
(b) the person holding the position mentioned in column 1 of an item in the table is to be regarded as the dean or head of the body mentioned in column 2 of the item.
[Note: If the name of a body or position mentioned in the table in Schedule 1 changes, a reference in the table to the body or position by its previous name is taken, after the change, to be a reference to the body or position by its new name (see Legislation Statute, section 10(3) (Application of general references to University entities etc.)).]
Part 3—Repeal, transitional provisions and expiry
Division 3.1—Repeal
6 Repeal of instrument
The Governance Order 2020 is repealed.
Division 3.2—Transitional provisions
7 Transitional orders
(1) Orders made under the Governance Statute, section 68(1) (General power to make rules and orders) may prescribe matters of a transitional nature (including prescribing any savings or application provisions) relating to:
(a) the repeal of the Governance Order 2020; or
(b) the making of this instrument.
(2) This instrument (other than this section) does not limit the matters that may be prescribed by rules made for subsection (1).
(3) Rules made for subsection (1) have effect despite anything in this instrument (other than this section).
8 Application of Legislation Statute, section 26
(1) The Legislation Statute, section 26 (Repeal of University legislation) applies to the repeal of the Governance Order 2020.
(2) For the Legislation Statute, section 26 the provisions of this Division are transitional provisions.
9 Transitional provisions additional
This Division is additional to, and does not limit:
(a) the Legislation Statute, section 26 (Repeal of University legislation); or
(b) the Acts Interpretation Act, section 7 (Effect of repeal or amendment of Act), as applied by the Legislation Act, section 13(1)(a) (Construction of legislative instruments and notifiable instruments).
Division 3.3—Expiry
10 Expiry of instrument
This instrument expires 10 years after the day it commences.
Schedule 1—Deans and research school heads
1 Table of deans and research school heads
The following table specifies the bodies that are to be regarded as faculties or research schools and their deans or heads:
In sum, the instrument does not create new substantive powers or penalties. Its operative effect is classificatory and nominative: it determines which institutional roles and named units shall be treated as the deans or research school heads for the AU National University's election and voting arrangements under existing ANU governance instruments.
Main concepts
The instrument rests on a small set of tightly framed concepts, each given effect by explicit provisions in the text.
Legal authority and commencement. The instrument is made under the Governance Statute, s 68 (s 3) and commences the day after registration (s 2). That places it within the statutory delegated‑legislation framework rather than as primary legislation.
Definitions by reference. The instrument does not re‑define core governance terms; it instructs readers to use definitions in the Governance Statute and the Legislation Statute (s 4, Note 1 and Note 2). The instrument thus relies on external statutory definitions for key expressions such as "dean", "deans and research school heads member", "ANU Act", and "position".
Electoral classification. The operative term is the direction in s 5 that, "For the ANU Act, the Governance Statute and the Governance Rule" the Schedule 1 table determines which bodies are "to be regarded as faculties or research schools" and which positions are "to be regarded as the dean or head" of those bodies. This is a classificatory rule: it alters how other governance instruments should treat particular positions and bodies when applying eligibility and voting rules.
Schedule mapping. Schedule 1 is the instrument's engine. It contains a 32‑line table that links specific position titles (Dean; Director; Head) to named institutional entities (e.g., ANU College of Arts and Social Sciences; Research School of Humanities and the Arts; John Curtin School of Medical Research). The mapping is explicit and itemised (Schedule 1, Table,items 1-32).
Transitional authority and primacy of rules. Section 7 permits orders (rules) under Governance Statute s 68(1) to prescribe transitional savings or application provisions concerning the repeal of the 2020 Order or the making of this instrument. Section 7(3) gives any such rules effect despite anything in this instrument (other than s 7). That creates a hierarchy where future rules made under the enabling power can supersede parts of this instrument insofar as transitional arrangements are concerned.
Repeal and expiry. The instrument repeals the prior Governance Order 2020 (s 6) and explicitly states it will expire ten years after commencement (s 10). Section 8 applies the Legislation Statute s 26 to the repeal of the 2020 instrument and designates the Division as transitional for that purpose.
Name‑change continuity. The instrument includes a note explaining that if a body's or position's name changes, a reference in the Schedule to the previous name is taken to be a reference to the new name, citing the Legislation Statute s 10(3) (s 5 note). This is a drafting device to reduce mechanical obsolescence caused by renaming.
The instrument is therefore deliberately narrow: it updates the roster of units and positions treated for election purposes, provides transitional flexibility to be implemented by rule, and places a ten‑year terminal point on the classificatory scheme.
Who it affects
The instrument identifies a bounded set of affected actors and governance instruments. The text itself defines who is directly within its scope and who will have operational work to do.
Primary individual actors and offices:
Any person who "holds the position" specified in Column 1 of Schedule 1 is to be regarded as the dean or head of the corresponding body for the purposes of the ANU Act, Governance Statute and Governance Rule (s 5(b); Schedule 1). That means incumbents of positions labelled Dean, Director or Head in Schedule 1 are directly affected for election eligibility and voting classifications.
Primary institutional actors:
The bodies specified in Column 2 of Schedule 1 are to be regarded as faculties or research schools for the ANU Act, Governance Statute and Governance Rule (s 5(a); Schedule 1). Those units include named colleges (for example, ANU College of Arts and Social Sciences, ANU College of Law), named research schools (for example, Research School of Humanities and the Arts; Research School of Physics), and named institutional centres (for example, Fenner School of Environment and Society). Internal governance arrangements that depend on the classification "faculty" or "research school" will now treat the listed units accordingly for election purposes.
Administrative and decision‑making bodies:
The bodies responsible for election administration (not named in the instrument) will be affected in practice because the instrument changes who is eligible and who votes under the ANU Act, Governance Statute and Governance Rule. Section 5 is expressly framed as applying "For the ANU Act, the Governance Statute and the Governance Rule", so the administrators of elections under those instruments must apply the Schedule mapping.
Governance instruments and statutory framework:
The ANU Act, the Governance Statute and the Governance Rule are the legal instruments whose operation is directly altered in classification terms (s 5 opening words). The instrument is made under Governance Statute s 68 (s 3), and it repeals the Governance Order 2020 (s 6); the Legislation Statute is engaged for definition and name‑change continuity (s 4 notes; s 5 note).
Indirect or contingent parties:
Candidates for "deans and research school heads member" positions and voters in those elections are affected by who is regarded as a dean or head for ballot and eligibility purposes. The instrument does not itself set electoral procedures, but it changes the roster on which those procedures operate.
Who does not appear to be affected by the instrument:
The instrument contains no provisions that alter external funding, employment terms, commercial contracts, intellectual property rights, research funding, or external regulatory obligations. It does not itself create or modify financial entitlements, discipline regimes, or disciplinary sanctions. Any impacts on third parties (for example, external collaborators) would be indirect and flow from internal governance changes rather than from express changes in statutory rights or duties within this instrument.
Who bears the administrative burden:
The instrument does not mention funding or fees; operationally, the university's administration will bear the direct costs of updating rolls, notices and internal processes to reflect Schedule 1, and applying transitional rules that may be made under s 7. Those costs are administrative and internal to the university's governance machinery.
The instrument is therefore tightly targeted on internal ANU governance: listed incumbent positions and named institutional units are the immediate objects of reclassification for election and voting purposes under existing ANU governance instruments.
Key duties and rights
The instrument is primarily classificatory rather than prescriptive, so it creates very few standalone duties or rights. The operative effects concern how other instruments must treat specified positions and bodies. The key legal effects and the practical duties or rights that follow are as follows, with the relevant source references.
Obligations to regard specified positions/bodies in particular ways:
Section 5 creates an obligation in law for application to the ANU Act, the Governance Statute and the Governance Rule: the bodies listed in Schedule 1 Column 2 are to be regarded as faculties or research schools; and the person holding the position in Column 1 is to be regarded as the dean or head of the corresponding body (s 5(a)-(b); Schedule 1). The practical consequence is a duty on persons administering those other instruments to treat listed positions and units accordingly when applying eligibility, voting or representation rules contained in the ANU Act, Governance Statute or Governance Rule.
Transitional rule‑making and associated duties:
Section 7(1) permits rules made under Governance Statute s 68(1) to prescribe transitional matters, including savings or application provisions, relating to the repeal of the Governance Order 2020 or the making of this instrument (s 7(1)(a)-(b)). Where such rules are made, administrators and officers will have a duty to apply those rules; s 7(3) gives those rules effect despite anything in this instrument (other than s 7), so the duty created by s 5 may be modified in practice by those rules for transitional periods.
Name‑change continuity duty:
The Note to s 5 records that if the name of a body or position in Schedule 1 changes, a reference to the previous name is taken to be a reference to the new name, citing Legislation Statute s 10(3) (s 5 note). The legal effect is continuity of reference; administrators need not reissue a new mapping if a unit or position is renamed, but they must ensure that records reflect the new names and preserve the mapping.
Expiry and review duty:
The instrument expires ten years after commencement (s 10). That creates an implicit duty on responsible officers to plan for review, renewal or replacement before expiry; the instrument itself does not require an active review, but the expiry point furnishes a definitive temporal limit to the legal classification and thus a practical clock for governance planning.
Rights conferred or clarified:
The instrument does not confer private rights or statutory entitlements beyond classification for election participation. It clarifies who qualifies as a dean or research school head for eligibility and voting within ANU governance instruments. Where rights under the ANU Act, Governance Statute or Governance Rule turn on being a dean or research school head, those rights (for example, the right to vote, to be a candidate, or to hold a particular office designated for deans/research school heads) will now attach to the persons occupying the roles listed in Schedule 1. The instrument itself does not enumerate those rights; it only supplies the qualifying condition (s 5).
Absence of sanctions or standalone enforcement mechanisms:
The instrument contains no penalty, fine, or enforcement clause. Any enforcement of the classificatory rule will arise through the mechanisms of the ANU Act, Governance Statute, Governance Rule, or other university procedures, not by any sanction created in this instrument (see Part 3 and the absence of penalty provisions).
Interaction with other statutory provisions:
The instrument is made under, and so must be applied consistently with, the Governance Statute s 68 and other defining statutes referenced in the notes to s 4. Duties to act or rights to vote therefore remain those created by the ANU Act and the Governance Statute; this instrument supplies a mapping so those existing duties and rights can be applied to current institutional positions.
In short, the instrument imposes a single core duty on decision‑makers: when applying the ANU Act, Governance Statute or Governance Rule, treat the listed positions and bodies as the relevant deans and research school heads. All other duties and rights follow indirectly from how other instruments define entitlements tied to that classification.
Penalties and enforcement
The instrument contains no express penalties, offence provisions or standalone enforcement mechanism. Its effect is classificatory; it directs how other governance instruments should treat certain positions and bodies. The text therefore leaves enforcement and any dispute resolution to the governance architecture and legal instruments referenced, rather than creating new coercive measures within the Order itself.
What the instrument says (and does not say)
There are no sections in the instrument that create an offence, civil penalty, fine, injunctive remedy, or specified enforcement process. The Parts and Sections set out classification, repeal, transitional arrangements, and expiry; none of these provisions imposes a sanction or prescribes enforcement steps.
Where enforcement or dispute resolution would come from
Because s 5 operates "For the ANU Act, the Governance Statute and the Governance Rule", any enforcement or remedial consequences of misclassification, electoral irregularity, or non‑compliance will arise under those instruments. The Order itself does not specify those mechanisms (s 5 opening words). Users and practitioners must therefore look to the ANU Act, the Governance Statute and the Governance Rule for provisions that govern elections, challenge processes, review, and sanctions. The instrument makes no attempt to replicate or expand those procedural frameworks.
Rule‑making primacy and its enforcement implication
Section 7(3) provides that rules made under Governance Statute s 68(1) for transitional matters have effect despite anything in this instrument (other than s 7). Practically, this means that transitional rules could temporarily modify or specify how the Schedule mapping is applied. Enforcement of any such transitional measures would rest on the legal status of the rules made under s 68 and on the procedural enforcement mechanisms contained in the Governance Statute and the Governance Rule.
Absence of criminalisation or administrative penalties
The instrument does not criminalise any conduct nor prescribe administrative penalties. Any action taken for non‑compliance with the classificatory directions must therefore be founded on other instruments or internal university processes.
Practical enforcement pathways likely to be used (by reference to the text)
Administrative compliance: election administrators will apply the Schedule mapping when compiling electoral rolls and determining candidate eligibility. Errors or disputes in application will likely be handled administratively in accordance with the election procedures of the ANU Act or Governance Rule.
Internal review: challenges to eligibility arising from this mapping would be governed by the ANU Act, Governance Statute or Governance Rule, which the instrument expressly modifies only in classification terms (s 5).
Transitional rules: where rules under s 68 create savings or application provisions (s 7), those rules will be the operative source for transitional enforcement during the periods they cover.
Because the instrument contains no enforcement provisions, practitioners should identify and consult the ANU Act, the Governance Statute and the Governance Rule for concrete remedial and sanctioning mechanisms applicable to electoral disputes that depend on the classification this Order supplies.
How it interacts with other laws
This instrument is expressly designed to operate within a statutory governance ecosystem. The text names the statutes and provisions it relies on and modifies for specific purposes. The interaction is chiefly classificatory and transitional.
Primary statutory references in the instrument
Governance Statute s 68: The instrument is made under this power (s 3). That links the Order to the delegated‑legislation architecture of university governance. Any limits or enabling details in s 68 (not reproduced here) will be the primary legal context for the instrument.
ANU Act and Governance Rule: Section 5 makes the Schedule mapping effective "For the ANU Act, the Governance Statute and the Governance Rule". The instrument therefore amends how those instruments are applied in electoral contexts by providing a definitive list of faculties/research schools and corresponding deans/heads.
Legislation Statute: The instrument uses the Legislation Statute for definitions and continuity. Section 4 notes that the Governance Statute s 5 defines terms relevant to this instrument and that the Legislation Statute dictionary defines other terms such as ANU Act and position. The note in s 5 also relies on the Legislation Statute s 10(3) rule for continuity after name changes.
Acts Interpretation Act and Legislation Act: Section 9 expressly states that Division 3.2 is additional to, and does not limit, the Acts Interpretation Act s 7 as applied by the Legislation Act s 13(1)(a). Section 8 applies Legislation Statute s 26 to the repeal of the Governance Order 2020.
Hierarchy and primacy relationships
The instrument sits subordinate to the Governance Statute (it is made under s 68), and operates to change application of the ANU Act, the Governance Statute and the Governance Rule in a specific respect (s 5). Section 7(3) creates a dynamic where rules made under the Governance Statute s 68(1) can prescribe transitional matters and have effect despite anything in this instrument (other than s 7). Procedurally, that grants rule‑makers the capacity to override parts of the instrument in the transitional field.
Continuity after name changes
The instrument anticipates renaming of positions or bodies and points to Legislation Statute s 10(3) for automatic continuity: a reference in Schedule 1 to a previous name is taken as a reference to the new name after a change (s 5 note). This interacts with general legislative interpretation rules to reduce the risk that an organisational renaming will accidentally remove a unit or position from the Schedule.
Effect on prior instrument
The Governance Order 2020 is repealed by s 6. Section 8 applies Legislation Statute s 26 to that repeal and labels Division 3.2 transitional. The instrument thus interacts with the Legislation Statute's rules on repeal and transitional provisions; future readers will need to consult the Legislation Statute provisions applied by s 8 and s 9 to understand savings and residual effects of the repealed Order.
Not within scope
The instrument does not purport to change substantive employment law, commercial arrangements, research funding rules, intellectual property regimes, or external regulatory obligations. Its interaction with other laws is narrowly confined to internal governance instruments cited explicitly in s 5 and the legislative interpretation and repeal statutes cited in Parts 1 and 3.
Practical consequence of these interactions
To determine legal rights, obligations, remedies or sanctions that hinge on the classification of a person as a dean or head, practitioners must overlay this Schedule mapping on the operative provisions of the ANU Act, Governance Statute and Governance Rule. The Order provides the qualifying identity; the other instruments supply the operative legal effects.
In short, the instrument is a targeted, subordinate instrument that alters the application of certain university governance instruments by labelling specific positions and units; it depends on and interacts with statutory interpretation and repeal provisions in the Legislation Statute and with rule‑making under the Governance Statute s 68.
Amendment history
The instrument itself contains a concise amendment and repeal history, limited to the repeal of the prior Governance Order and its own temporal operation.
Direct changes recorded in the text
Repeal of Governance Order 2020: Section 6 states "The Governance Order 2020 is repealed." That is the principal amendment action recorded in this instrument: it terminates the continued application of the prior delegated instrument.
Transitional treatment and enabling rule‑making
Division 3.2 contains transitional provisions. Section 7 expressly permits rules made under Governance Statute s 68(1) to prescribe transitional matters (s 7(1)). Section 7(2) clarifies that the instrument (other than s 7 itself) does not limit the matters that may be prescribed by rules made for subsection (1). Section 7(3) gives rules made for subsection (1) effect despite anything in this instrument (other than s 7). Those provisions create a route for further amendment or operational modification via rules rather than by amending the Order itself.
Application of legislative repeal provisions
Section 8 applies the Legislation Statute s 26 (Repeal of University legislation) to the repeal of the Governance Order 2020 and declares the provisions of Division 3.2 to be transitional provisions for that purpose (s 8(1)-(2)). Section 9 states that the Division is additional to, and does not limit, Legislation Statute s 26 or the Acts Interpretation Act s 7 as applied by the Legislation Act s 13(1)(a) (s 9). That situates the instrument's repeal mechanics within the relevant legislative interpretation framework.
No in‑instrument amendments to Schedule 1 since commencement
The text provided contains no later amending provisions, side amendments, or schedules changing Schedule 1 after it is set down. There is no clause within the instrument itself that modifies Schedule 1 post‑commencement. Any future amendment to the Schedule would therefore require a further instrument made under the Governance Statute s 68 or changes made by rules under the enabling power to the extent permitted.
The Note accompanying s 5 referring to Legislation Statute s 10(3) addresses one reason why the Schedule might not need frequent amendment: if a body or position is renamed, references in Schedule 1 remain effective and are taken to refer to the new name. That is not an amendment but an interpretative device to reduce the need for technical amending instruments for simple renamings.
Expiry as an amendment‑equivalent mechanism
Section 10 makes the instrument expire ten years after its commencement. Expiry is a de jure termination mechanism and forces either a renewal, replacement or new instrument to be made if the classification is to continue beyond that date. Practitioners should treat expiry as an anticipated point at which amendment or replacement will be required if the governance classification is intended to persist.
No record of earlier or contemporaneous amendments within the text
The instrument contains no schedule of historical amendments (other than the repeal of the 2020 Order), no marginal notes marking variations, and no cross‑references to prior versions beyond the repeal statement. As presented, the amendment history internal to the instrument is limited to the repeal action recorded in s 6 and the transitional machinery that may be deployed by subsequent rules.
In brief: the Order replaces the 2020 Order, sets a ten‑year lifespan, anticipates and permits transitional rules to be made under the Governance Statute s 68, and uses statutory interpretation provisions to preserve continuity on renaming. Further substantive changes to the Schedule or to the Order more generally will require exercise of the enabling powers or fresh instruments.
Litigation history
The instrument as supplied contains no litigation history, no referenced judicial decisions, and no recorded controversies in the sense of court cases or tribunal determinations. The text does not cite, rely on, or incorporate any judicial interpretation, and it names no cases. Practitioners should therefore note the following implications based on the content and silence of the instrument itself.
Absence of cases or judicial interpretation in the text
There are no case citations in the instrument, and no section purporting to implement or respond to judicial decisions. The instrument is a delegated legislative order that stands on the enabling language of the Governance Statute s 68; any judicial treatment would come later in the courts if disputes arise about interpretation or application.
Practical consequences of a clean slate
Because there is no litigation history recorded, the text's plain meaning will initially govern. Challenges or disputes,such as contested eligibility to vote, disputes over whether a particular position currently exists, or disagreements about whether a renamed or merged unit falls within the Schedule,would have to be litigated or resolved administratively under the ANU Act, Governance Statute or Governance Rule. The Order itself supplies the classificatory rule; the other instruments supply procedural remedies and enforcement mechanisms. Any court or tribunal authority that subsequently interprets the Order will add precedent that must be consulted.
Potential areas of future litigation (based on the instrument's content)
Eligibility and standing disputes in elections: Because s 5 fixes who is to be regarded as a dean or head for election purposes, contests about whether an individual actually "holds the position" listed in Column 1 could lead to challenge proceedings. The instrument does not itself prescribe how that holding is to be proved.
Organisational restructuring: The instrument addresses name changes via the Legislation Statute s 10(3) note in s 5, but it does not itself specify the treatment of abolished, merged, or substantially restructured units. Disputes about whether a restructured entity remains within the Schedule's intendment could generate litigation.
Transitional rule primacy: Section 7(3) gives rules made under Governance Statute s 68(1) effect despite anything in this instrument (other than s 7). If there is conflict about the scope of transitional rules, or about whether rules lawfully made can modify the Schedule's effect, courts could be asked to resolve the proper boundary between the instrument and rules.
No precedential guidance
There is no judicial exegesis of the phrases used in the instrument. Practitioners must therefore rely on the instrument's text, the enabling statute and the governance rules to anticipate how disputes will be resolved. Judicial treatment of similar instruments or governance disputes is not referenced here, so any arguments invoking precedent must draw from external sources not included in this instrument.
For present purposes, the litigation history is empty; any future litigation will be founded on how administrators apply the Schedule mapping to concrete electoral facts and on the ANU Act, Governance Statute and Governance Rule provisions that use the "dean" or "research school head" classifications supplied by this Order.
Gotchas
This instrument is short and narrowly focused, but there are several practical traps and points of potential confusion that emerge from its structure and drafting. These "gotchas" are drawn directly from the instrument's wording and Schedule and identify operational friction points that administrators, candidates and counsel should explicitly consider.
Mixed position titles in Schedule 1
Schedule 1 uses a mixture of position titles,"Dean", "Director", and "Head",to designate the role that is to be regarded as the dean or head for purposes of the ANU Act, Governance Statute and Governance Rule (Schedule 1 table, items 1-32). For example, item 1 lists "Dean ANU College of Arts and Social Sciences", item 2 lists "Director Research School of Humanities and the Arts", and item 19 lists "Head ANU Law School". Practitioners should not assume that only positions formally titled "Dean" qualify; the instrument deliberately treats Directors and Heads as equivalent qualifying offices where listed. That mixture can confuse election administrators who might otherwise apply a title‑based filter.
Name change vs abolition or merger
The instrument contains a note that a reference in the table to a body or position by its previous name is taken to be a reference to the body or position by its new name after a change (s 5 note; reference to Legislation Statute s 10(3)). That covers renaming, but the instrument does not address abolition, merger or reorganisation of bodies into new composite units. If a research school is merged into a larger unit or is abolished, the instrument provides no direct rule about whether a successor unit is captured by the Schedule. That absence risks legal uncertainty and administrative dispute.
Transitional rules can override the instrument
Section 7(3) provides that rules made for subsection (1) have effect despite anything in this instrument (other than s 7). That means transitional rules under Governance Statute s 68(1) can temporarily or specifically alter how the Schedule is applied. Administrators must therefore monitor for such rules because implementing the Schedule without checking for outstanding transitional rules could be a compliance error.
Expiry in ten years
The instrument expires ten years after commencement (s 10). There is no automatic rolling renewal. If stakeholders treat the Schedule as permanent and fail to plan for expiry, the legal basis for the classification will terminate at the expiry date unless replaced or extended by further instrument or rule. That creates a calendar risk for long‑term governance planning.
No enforcement or procedure in the instrument
The Order supplies the qualifying condition (who is a dean or head) but not electoral procedures, modes of proof, or remedies. Challenges to a person's status for voting or candidacy will therefore turn on procedural provisions contained elsewhere (ANU Act, Governance Statute, Governance Rule) rather than on this instrument. Parties should not expect this Order to resolve disputes about evidentiary standards or remedial processes.
Potential mismatch between job descriptions and Schedule labels
The Schedule ties a position title to institutional units by name. If an incumbent holds an acting appointment, an interim title, or a different substantive appointment that is not worded identically to Schedule 1, questions may arise about whether the person "holds the position mentioned in column 1" for s 5(b) purposes. The instrument does not define "holds" beyond referencing the Governance Statute and the Legislation Statute definitions in s 4 notes; administrators must check those definitions and the person’s formal appointment instrument.
Inattention to the repeal of the 2020 Order
Section 6 repeals the Governance Order 2020. If administrators continue to rely on the superseded 2020 Schedule or to apply legacy mappings, they risk applying an instrument that has been repealed. The link is explicit, but organisations with inertia in their governance records may inadvertently propagate the old classification.
Implicit administrative costs borne internally
The instrument contains no funding or fee provisions; administrative updates, notices to staff, election roll adjustments, and IT changes will be internal university costs. There is no budgetary offset in this Order.
Narrow remedial visibility for external parties
Because the instrument deals with internal classifications, an external party seeking to influence representation or contest a particular classification must do so through the university's internal governance channels or through the ANU Act and Governance Statute processes. The Order does not create external rights or third‑party remedies.
To avoid these gotchas, administrators and legal advisers should audit current position titles and appointment instruments against Schedule 1, monitor for transitional rules under s 7, plan for the ten‑year expiry, and ensure electoral procedures explicitly reference and operationalise this Order rather than relying on legacy instruments.
How to comply
Compliance with this instrument is operational and administrative. The Order does not prescribe procedural steps within itself, but it imposes a clear legal requirement: when applying the ANU Act, the Governance Statute and the Governance Rule, treat the positions and bodies listed in Schedule 1 as the deans and research school heads for election eligibility and voting purposes (s 5). Below are practical, source‑grounded steps for university administrators, electoral officers, legal advisers, and candidates to ensure compliant application.
Record‑level update and authoritative mapping
Ensure the institutional records and election‑administration databases contain an up‑to‑date mapping that mirrors Schedule 1 in the instrument. The authoritative source for who qualifies is Schedule 1 (Schedule 1 table, items 1-32). Where internal databases use alternative titles or codes, create a cross‑reference table keyed to Schedule 1 to avoid misclassification.
Treat non‑"Dean" titles as qualifying roles
Do not filter eligibility by the word "Dean" alone. Schedule 1 includes "Director" and "Head" positions that are to be treated as the dean or head for the named bodies (Schedule 1). Electoral eligibility logic must therefore use the Schedule entries, not a title string match.
Verify incumbency and the meaning of "holds the position"
When determining whether an individual "holds the position mentioned in column 1", obtain and maintain formal appointment documentation (appointment letters, instrument of appointment, acting appointment records). The instrument anchors eligibility on holding the listed position (s 5(b)); proof mechanisms are found in appointment instruments and in the definitional provisions in the Governance Statute and Legislation Statute referenced in s 4 notes.
Monitor for transitional rules under s 7
Section 7 permits rules made under Governance Statute s 68(1) to prescribe transitional matters and gives those rules primacy despite anything in the Order (s 7(1)-(3)). Before finalising electoral rolls or acting on the Schedule, check for any rules made under the Governance Statute s 68(1) that address transitional matters around repeal/making of this instrument. Apply those rules where they exist because they can temporally modify or specify application of the Schedule.
Implement change‑management for name changes and reorganisations
The instrument’s note ensures references survive simple name changes (s 5 note; Legislation Statute s 10(3)). If a unit is renamed, document the renaming and map it to the Schedule entry. If a unit is abolished, merged or substantially reorganised, do not assume continuity; the instrument does not address mergers or abolitions. Seek advice on whether a successor entity qualifies or whether a rule or new instrument is required.
Update election procedures and notices
Amend election rules, candidate information packs and notice templates to reflect that eligibility is determined by Schedule 1 (s 5). Make explicit references to the Governance Order 2024 to avoid reliance on the repealed 2020 Order (s 6) and note the expiry date so stakeholders know the classification is time‑limited (s 10).
Plan for the instrument's expiry
The instrument expires ten years after commencement (s 10). Establish a review process well before the expiry date to recommend renewal, replacement or different arrangements if continued classification is desired. Do not assume the Schedule will persist beyond expiry without a fresh instrument or rule.
Provide clear guidance to candidates and voters
Publish a publicly accessible guide that lists the Schedule 1 mappings and explains how to prove incumbency. Explain how acting appointments, secondments and shared positions will be treated, referencing appointment instruments and definitions in the Governance Statute and Legislation Statute (s 4 notes).
Audit legacy references to Governance Order 2020
Remove or replace references to the Governance Order 2020 from governance policies, election forms, and internal guidance now that it is repealed by s 6. Where historical records must be retained, mark them as superseded and point to the current instrument.
Engage legal counsel for ambiguous restructures
If organisational restructuring raises doubt about whether a unit or position still falls within the Schedule (for example, when units are merged or when new schools are created), seek legal advice. The instrument does not address mergers or abolition; interpretative rules in the Legislation Statute (as referenced in s 4 and s 5 note) may assist, but a formal decision‑making process or a new instrument may be required.
Document transitional applications if rules exist
If rules under Governance Statute s 68 addressing transitional matters are made, retain and incorporate them into the election administration process as they may override this instrument for specified transitional applications (s 7(3)). Record any discretionary applications of transitional rules to specific persons or contests.
Keep cross‑references to definitional statutes current
The instrument relies on definitions in the Governance Statute and Legislation Statute (s 4). Maintain a legal reference pack that includes the relevant sections of those statutes and the Governance Rule so that the operative legal definitions used to interpret "dean", "position", and "deans and research school heads member" are readily available.
In summary, compliance requires updating administrative systems to reflect the Schedule mapping, ensuring appointment evidence is available to demonstrate incumbency, monitoring for transitional rules, and planning for the instrument's expiry. The Order itself supplies classification; compliance is about operationalising that classification consistently with the other governance instruments that confer electoral rights and duties.
This instrument commences on the day after it is registered.
3 Authority
This instrument is made under the Governance Statute of the University[1], section 68 (General power to make rules and orders).
4 Definitions
The following notes provide information about definitions applying to terms used in this instrument.
[Note 1: The Governance Statute, section 5 (Definitions) defines terms relevant to this instrument (see Legislation Statute, section 9(1) (Terms used in authorising legislation etc.)), including the following:
dean (see ANU Act, section 3 (Interpretation)
deans and research school heads member (see section 9(1)).]
[Note 2: For definitions applying to University legislation generally, see the dictionary in the Legislation Statute. That dictionary defines terms relevant to this instrument, including the following:
ANU Act
position.]
Part 2—Elections for deans and research school heads member
5 Eligibility for election and voting
For the ANU Act, the Governance Statute and the Governance Rule:
(a) the bodies mentioned in column 2 of the table in Schedule 1 are the bodies that are to be regarded as faculties or research schools; and
(b) the person holding the position mentioned in column 1 of an item in the table is to be regarded as the dean or head of the body mentioned in column 2 of the item.
[Note: If the name of a body or position mentioned in the table in Schedule 1 changes, a reference in the table to the body or position by its previous name is taken, after the change, to be a reference to the body or position by its new name (see Legislation Statute, section 10(3) (Application of general references to University entities etc.)).]
Part 3—Repeal, transitional provisions and expiry
Division 3.1—Repeal
6 Repeal of instrument
The Governance Order 2020 is repealed.
Division 3.2—Transitional provisions
7 Transitional orders
(1) Orders made under the Governance Statute, section 68(1) (General power to make rules and orders) may prescribe matters of a transitional nature (including prescribing any savings or application provisions) relating to:
(a) the repeal of the Governance Order 2020; or
(b) the making of this instrument.
(2) This instrument (other than this section) does not limit the matters that may be prescribed by rules made for subsection (1).
(3) Rules made for subsection (1) have effect despite anything in this instrument (other than this section).
8 Application of Legislation Statute, section 26
(1) The Legislation Statute, section 26 (Repeal of University legislation) applies to the repeal of the Governance Order 2020.
(2) For the Legislation Statute, section 26 the provisions of this Division are transitional provisions.
9 Transitional provisions additional
This Division is additional to, and does not limit:
(a) the Legislation Statute, section 26 (Repeal of University legislation); or
(b) the Acts Interpretation Act, section 7 (Effect of repeal or amendment of Act), as applied by the Legislation Act, section 13(1)(a) (Construction of legislative instruments and notifiable instruments).
Division 3.3—Expiry
10 Expiry of instrument
This instrument expires 10 years after the day it commences.
Schedule 1—Deans and research school heads
1 Table of deans and research school heads
The following table specifies the bodies that are to be regarded as faculties or research schools and their deans or heads: