(1) The purpose of this Policy is to: (2) This Policy applies to all researchers engaged in any form of research activity under the auspices of the University that involves sponsored/commercial research or collaborative research. (3) This Policy does not apply to research activities that do not involve external collaboration or sponsorship. (4) This Policy should be read in conjunction with a range of other related policy documents, such as but not limited to: (5) The University encourages and supports external sponsorship of grants and commercial and non-commercial research activities in collaboration with third parties. (6) The University will only enter into (or continue with) collaborative or sponsorship agreements if the activity/arrangement meets the due diligence requirements set out in Section 4. (7) The University reserves the right to decline or discontinue a research sponsorship or collaboration if it reasonably believes that the research sponsorship or collaboration: (8) Due diligence activities must be applied: (9) Ongoing due diligence activities must occur at least annually (or more frequently as risks evolve). (10) Due diligence activities must consider: (11) Due diligence activities must include: (12) The University will not engage in research sponsorships or collaborations that involve entities that are owned or controlled by any country or entity that is prohibited by the Australia’s Foreign Relations (State and Territory Arrangements) Act 2020. (13) Partnerships or sponsorships from the following industries must demonstrate that the sponsorship or partnership generates genuine benefit to community and/or in the generation of knowledge to address global challenges (for example tobacco related research that leads to a reduction in tobacco consumption and harm): (14) The University applies the above negative screens and can apply further internal analysis to limit exposure to certain sectors and activities. (15) Any decision by the University to decline or withdraw from a sponsored or collaborative research activity with a third party will be communicated in writing including (if practicable and subject to any confidentiality obligations binding on the University): (16) All agreements must have an assigned Relationship Manager. (17) The lead researcher may be the relationship manager for small collaborations/sponsorships (peer-to-peer projects). (18) The lead researcher should not be the Relationship Manager if: (19) The DVC-RSF is responsible for appointing/approving relationship managers at the Institutional level. (20) See ‘Responsibilities’ section for the relationship manager responsibilities. (21) Researchers must identify and manage risks (at proposal stage and throughout the collaboration) in accordance with the Enterprise Risk Management Policy. (22) Any perceived or actual conflicts of interest must be declared in accordance with the Conflict of Interest Policy. (23) Researchers must ensure that legislative obligations are complied with in relation to any proposed sponsored or collaborative research activities involving foreign entities and related persons. (24) The Global Strategies Division must notify the Minister for Foreign Affairs and Trade of agreements and negotiations (as required by the Australia’s Foreign Relations (State and Territory Arrangements) Act 2020. (25) Proposed sponsored or collaborative research activities that involve a researcher (or the University) agreeing to act on behalf of a foreign government, political party or related entity/person for the purpose of influencing Australian political or government outcomes, must be registered in accordance with the Foreign Influence Transparency Scheme Act 2018. (26) Researchers should also give due consideration to the risk of foreign interference, and how any such risks can be managed, in accordance with the University’s Enterprise Risk Management Policy. Further information is available on UOW’s Foreign Engagements website. (27) All sponsored research and collaborative research must be conducted under an appropriate contract or other legal agreement and be approved by an authorised University representative (refer to the University Delegations of Authority Policy). (28) Researchers can commence discussions with third parties in relation to sponsorship and collaboration opportunities. However, the negotiation of any formal terms of agreement with third parties by researchers should be undertaken in collaboration with the appropriate authorised University representative such as staff in the Research Services Office, Innovation and Commercial Research Unit, Office of General Counsel or other representatives as per the University Delegations of Authority Policy. (29) In all negotiations with third parties, researchers should be aware that: (30) The Relationship Manager is responsible for: (31) Researchers are responsible for ensuring compliance with this Policy. (32) The Research and Sustainable Futures Portfolio is responsible for: (33) The DVC-RSF is responsible for:Research Sponsorship and Collaboration Policy
Section 1 - Purpose
Top of PageSection 2 - Application and Scope
Top of PageSection 3 - Principles
Top of PageSection 4 - Due Diligence
Top of Page
Section 5 - Considerations for Exclusion or Discontinuation
Top of PageSection 6 - Relationship Management
Section 7 - Duty of Disclosure
Section 8 - Foreign Engagements
Section 9 - Third Party Negotiations
Top of PageSection 10 - Roles and Responsibilities
Top of PageSection 11 - Definitions
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Word/Term
Definition
Affiliates
Visiting fellows, volunteers and visiting Students.
Collaborative research
Research where the University is collaborating with one or more third parties that is not commercial research.
Commercial research
Research activities conducted under a commercial contract that include, but are not limited to:
Research conducted under Australian Research Council competitive grants or other grant schemes are not considered as commercial research as they are externally funded schemes. However, they are considered “sponsored research” for the purposes of this Policy such that the terms of this Policy still applies to grant-funded research activities.
Conflict of interest
Exists where there is a divergence between the individual interests of a researcher and his/her professional obligation to the University such that an independent observer might reasonably question whether the professional actions or decisions of that person are influenced by their own interests or are for their own benefit.
It should be noted that enmity as well as friendship can give rise to perceptions of a conflict of interest and similarly that detriment to a third party can give rise to a conflict of interest just as much as benefit to a third party.
Foreign arrangement
A foreign arrangement is a written agreement, contract, understanding or undertaking between an Australian State/Territory Entity (including the University) and certain foreign entities (primarily foreign governments and agencies, including certain universities), whether or not there are any other parties to the arrangement and whether it is legally binding or not.
Foreign influence
Foreign influence occurs when Australian individuals or entities undertake certain registrable activities on behalf of a foreign principal (foreign governments, political parties and associated entities/persons) for the purpose of political or government influence.
Foreign interference
As described in the Guidelines to Counter Foreign Interference in the Australian University Sector, foreign interference occurs when activities are carried out by, or on behalf of a foreign actor which are coercive, covert, deceptive or corrupting and are contrary to Australia's sovereignty, values and national interests.
Research
The creation of new knowledge and/or the use of existing knowledge in a new and creative way so as to generate new concepts, methodologies, inventions and understandings. This could include synthesis and analysis of previous research to the extent that it is new and creative.
Researcher
A staff member, occupational trainee, visiting student, visiting fellow, volunteer, industry fellow, honorary and adjunct title holder, Emeritus Professor, professional staff or student who conducts research at or on behalf of the University.
Sponsored research
Research or research-related activities that are funded in whole or in part, by one or more third parties either directly or indirectly including but not limited to:
Staff member
All persons appointed as an academic or professional staff member of the University whether they hold full-time, part-time, casual, contract or conjoint appointments.
Student
A person registered for a course at the University of Wollongong.
The University
The University of Wollongong.
Third party
A party other than the University. This could include a company, sole trader, individual, government department, not-for-profit institution or partnership.
Visiting fellow
Honorary and visiting fellows appointed by UOW to non-salaried, full-time or fractional positions titled “Associate Fellow”, “Fellow”, “Senior Fellow”, “Principal Fellow”, “Professorial Fellow”, “Visiting Fellow”, or “Research Fellow” who are not Visiting Students or Volunteers.
Visiting student
A student who undertakes part of their research or training at UOW but who is not registered at UOW.
Volunteer
A person who is not a visiting fellow, visiting student, staff member or student of UOW but is working on a UOW project in a voluntary capacity. An example of a volunteer is someone who is undertaking unpaid work experience or is doing an internship at the University. A collaborating colleague from another university or research institution is not a Volunteer.