GOVERNANCE MANUAL

for Management and Governing Councils of PNG Public Higher

Education Institutions

Made pursuant to the

Higher Education (General Provisions) Act, 2014, Higher and Technical Education Reform Act, 2020 and the Higher

Education (General Provisions) (Amendment) Act, 2020

March 2021

Governance Manual For Management and Governing Councils of PNG Public Higher Education Institutions Copyright © Department of Higher Education, Research, Science and Technology Level 4, Aopi Centre (Tower 2), Waigani Drive, Port Moresby, NCD PNG PO Box 5117, Boroko, NCD, PNG Website: www.dherst.gov.pg The information in this Manual is subject to change at any time and that, in case of any discrepancy between this information and the Higher Education (General Provisions) Act

2014 or the Higher and Technical Education Reform Act, 2020, or the Higher Education

(General Provisions) (Amendment) Act, 2020 , the Acts prevail.

Contents

Message from the Secretary .........................................................................................5

1. Purpose and Use ...........................................................................................................6

2. Overview of the Department of Higher Education. Research, Science and Technology (DHERST) and National Higher and Technical Education Board .....................................7

2.1 DHERST ...............................................................................................................7

2.2 National Higher and Technical Education Board ..................................................7

3. New Regulatory Framework for HEIs in PNG .................................................................8

4. Transitional Arrangements for Technical and Teachers’ Colleges ...............................10

4.1 Arrangements with Church Education Agencies ................................................10

4.2 Governing Council Arrangements .....................................................................11

4.3 Transfer of Teaching Service Staff (including Principals) ....................................11

4.4 Transfer of Department of Education Staff Appointed to a Transferred HEI ......12

4.5 Department of Education Departmental Staff Affected by Reforms ...................12

4.6 Transfer of Files and Other Documents .............................................................12

4.7 Transfer of Monies Standing to the Credit of a Transferred HEI .........................12

4.8 Transfer of Land, Assets and Liabilities of State-Owned HEIs .............................12

5. Objectives, Functions and Powers of Transferred HEIs ................................................13

5.1 Objectives .........................................................................................................13

5.2 Functions............................................................................................................14

5.3 Powers ..............................................................................................................14

6. Management and Staff of Transferred HEIs.................................................................15

6.1 Appointment and Functions of Principal ............................................................15

6.2 Appointment of Teaching and Other Staff .........................................................15

6.3 Eligibility for Re-Appointment of Teaching and Other Staff ................................15

6.4 Short-Term National Contract Employees ..........................................................15

7. Establishment and Functions of Governing Councils ...................................................16

8. Membership of a Governing Council ...........................................................................17

8.1 Membership of Governing Councils of State-Owned HEIs ..................................17

8.2 Membership of Governing Councils of Church-Agency HEIs ...............................17

8.3 Requirements for all Governing Councils ...........................................................18

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9. Appointment of Governing Council Members and Conduct of Meetings ...................19

9.1 Nomination Process for Governing Council Members .........................................19

9.2 Process for Appointment of Governing Council Members ..................................19

9.3 Payment of Fees and Expenses ...........................................................................20

9.4 Appointment of Chair and Deputy Chair .............................................................20

9.5 Leave of Absence................................................................................................21

9.6 Vacation of Office (Resignation; Termination) ....................................................21

9.7 Vacancy on a Governing Council .........................................................................22

10. Meetings and Conduct of Governing Council ..............................................................23

10.1 Frequency and Scheduling ..............................................................................23

10.2 Quorum ..........................................................................................................23

10.3 Agenda and Minutes .......................................................................................23

10.4 Meeting Management ....................................................................................24

10.5 Disclosure of Interest ......................................................................................24

10.6 Protection From Personal Liability ..................................................................24

10.7 Delegation of Powers ......................................................................................24

10.8 Directions by the Minister or DHERST Departmental Head .............................25

10.9 Observers .......................................................................................................25

10.10 Decisions Outside Scheduled Meetings .......................................................25

10.11 Secretariat...................................................................................................25

10.12 Distinction Between Governance and Management ....................................25

10.13 Accountability of HEI Management to Governing Council............................26

11. Development and Performance of Governing Council .................................................26

11.1 Declaration by all Members ............................................................................26

11.2 Induction of Members ....................................................................................26

11.3 Professional Development of Members ..........................................................27

11.4 Benchmarking and Good Practice ...................................................................27

11.5 Evaluation of the Performance of Governing Body..........................................27

12. Committees of a Governing Council ............................................................................27

12.1 Committees Generally ....................................................................................27

12.2 Finance Committee .........................................................................................28

12.3 Audit and Risk Committee ..............................................................................28

12.4 Nominations Committee .................................................................................28

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12.5 Strategy and Investment Committee ..............................................................29

12.6 Students Committee .......................................................................................29

12.7 Gender and Social Inclusion Committee ..........................................................29

12.8 Other Committees ..........................................................................................29

13. Academic Board ..........................................................................................................30

13.1 Establishment and Functions of Academic Board ............................................30

13.2 Membership and Appointment of Academic Board ........................................31

14. Council Regulations.....................................................................................................32

14.1 Content of Regulations ...................................................................................32

14.2 Approval and Publication of Regulations .........................................................32

15. Strategic Planning, Business Planning and Performance Auditing ................................33

15.1 Strategic Plan ..................................................................................................33

15.2 Business Plan ..................................................................................................33

15.3 Annual Audited Financial and Performance Report .........................................33

15.4 Support from DHERST .....................................................................................33

16. National Curriculum and National Training Packages ..................................................34

16.1 Development of National Curriculum and National Training Packages ............34

16.2 Process for Approval of National Curriculum and National Training Packages 34

16.3 Amendment of National Curriculum and National Training Packages ..............34

16.4 Use of National Curriculum and National Training Packages ...........................34

16.5 National Skills Development Agency ...............................................................35

17. Compliance; Enforcement and State Intervention in Certain Circumstances ..............36

17.1 Compliance and Enforcement - Background ...................................................36

17.2 Appointment of Authorised Persons ...............................................................36

17.3 Powers of Authorised Persons ........................................................................36

17.4 Identification of Authorised Person ................................................................36

17.5 Obstruction of Authorised Person ...................................................................36

17.6 Minister to Request Provision of a Report .......................................................37

17.7 State Intervention - Background .....................................................................37

17.8 Circumstances Where the State May Intervene ..............................................37

17.9 Intervention by the State ................................................................................37

17.10 Effect of Suspension of Powers of Governing Council ..................................38

17.11 Resolving Disputes ......................................................................................38

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17.12 Conclusion...................................................................................................38

18. Ethical Standards and Integrity Generally ....................................................................39

18.1 Code of Conduct .............................................................................................39

18.2 Allegations of Fraud or Corrupt Conduct .........................................................39

18.3 Conflict of Interest ..........................................................................................39

18.4 Confidentiality ................................................................................................39

18.5 Compliance with PNG Legislation, Regulations and Guidelines........................39

19. Statistical Information and other Required Information ..............................................40

19.1 Statistical Information.....................................................................................40

19.2 Major Changes ................................................................................................40

20. i-PNG Higher Education System Networking Project - Bringing Higher Education Into the 21st Century ..........................................................................................................41

20.1 National Higher and Technical Education Management Information System (MIS) 41

20.2 e-Libraries .......................................................................................................41

21. Student Support (TESAS and HELP) .............................................................................42

21.1 Policy and Legislative Authority ......................................................................42

21.2 Tertiary Assistance Student Assistance Scheme (TESAS)..................................42

21.3 Higher Education Loan Program (HELP)...........................................................42

21.4 Administration of Student Support .................................................................42

22. Sector Wide Planning and Budgeting for Higher Education .........................................43

22.1 A Coherent Sector Wide Funding Model 2021 – 2025 .....................................43

22.2 Affordable, Reliable, Equitable and Transparent Grant Funding ......................43

22.3 Incentivised Funding Linked to HEI Performance ............................................43

Appendix A: Integrity Principles ..........................................................................................44

References ...........................................................................................................................46

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MessagefromtheSecretaryWelcome to the first Governance Manual for PNG’s Higher Education Institutions.

We all have an appreciation of the strategic role that our Higher Education Institutions must play for Papua New Guinea to achieve its Vision 2050 primary aim, which is for the country to become a ‘smart, wise, happy and wealthy’ nation by 2050. Specifically, we know that the cornerstone pillar for Vision 2050 is Human Capital Development, Gender, Youth and People Empowerment which entails the need for accessible, quality and relevant higher education.

Our Higher Education Institutions are facing a wide range of dynamic challenges in delivering higher education in the twenty-first century. Our institutions must be local, rooted in their regional communities, and also global, in the scope of their networks and ideas. They must respond to the emerging needs of their stakeholders but also respect history and tradition. They are also increasingly being asking to do more but with less immediate and obvious resources.

One way these challenges can be successfully addressed is through advancing the governance in our institutions. We must ensure that their governance structures and processes foster and support positive, proactive, and continuous institutional transformation. They must foster confidence in relationships with students, employers and the wider community and create opportunities for diversified and sustained revenue generation.

This Governance Manual has been developed with the aim of supporting institutions by ensuring they have appropriate governance structures and processes in place to operate as effectively as possible. A key underlying principle of the Governance Manual is that the governance in PNG Higher Education Institutions must simultaneously reflect international good practice and local expectations.

The Governance Manual represents an opportunity for our institutions to lead our community in terms of demonstrating transparency, accountability and fairness. After all, an important role for our Higher Education Institutions (HEIs) is to lead and promote the change that is desired by our community.

In this spirit, I request that all Higher Education Institutions engage with the Governance Manual. It is only through our cooperative efforts at the sector, institutional and individual level that we will be able to see the transformation in our institutions that is so desired by students, parents, employers and our wider society, and indeed, by the academic community of PNG.

DHERST looks forward to supporting institutions in the application of this Governance Manual. Through our combined efforts, I am confident that we can achieve our aim of providing accessible, quality and relevant higher education and realise a bright future for all Papua New Guineans.

Professor Fr Jan Czuba Secretary DHERST

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1. PurposeandUse

This Governance Manual is a handbook to support good management and governance practice in PNG Higher Education Institutions (HEIs).

The Governance Manual applies to the Management and Governing Councils of HEIs transferred to DHERST regulatory oversight in accordance with the Higher and Technical

Education Reform Act, 2020. Full details of the new legislative framework and transitional arrangements are set out in Section 3 and Section 4.

The Manual has been developed with reference to international best practice and also good corporate governance principles developed specifically for Papua New Guinea.

As well as providing detail on many aspects of HEI management and governance, this Manual also serves as a link between HEIs and DHERST. It is important that there is always a strong and open relationship between HEIs and the Department of which they are a part. This Manual will provide HEIs with information on how and when to contact DHERST on matters of management and governance.

The Manual also includes some introductory material on matters such as student financial support (TESAS and HELP) and developments in digital technology to support the sector. In these cases, the reader is directed to where they can find more detailed material.

The Manual directs the reader to relevant legislative provisions in the footnotes. HATERA is a reference to the Higher and Technical Education Reform Act, 2020. HEGPA is a reference to the Higher Education (General Provisions) Act 2014 as amended.

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2. Overview of the Department of Higher Education. Research, Science and Technology (DHERST) and National Higher and TechnicalEducationBoard

2.1 DHERST

DHERST was created as a PNG Government Department on the passing of the Higher

Education (General Provisions) Act 2014.1 DHERST has wide policy setting and regulatory powers in relation to higher and technical education in PNG including in relation to the registration of institutions and the accreditation of their programmes.

With the passing of the Higher and Technical Education Reform Act, 2020, DHERST will become responsible for the regulatory oversight of highly State-funded HEIs once a transfer date for the HEI is determined by the Minister for Higher Education, Research, Science and Technology. This will see HEIs such as technical colleges, teachers’ colleges, nursing colleges and agricultural colleges transfer to DHERST and new governance arrangements under the HEGPA.

DHERST is led by a Departmental Head who is responsible for administering the Department and for implementation of the HEGPA and National Higher and Technical Education Plan.

For further information about DHERST’s functions, structure and operations, please contact the DHERST Human Resources Division.

2.2 NationalHigherandTechnicalEducationBoardThe National Higher and Technical Education Board (NHTEB) is established under the HEGPA and has a range of important functions.2 These include:

• approving national standards for quality assurance of institutions and programmes • making decisions on registration, recognition and accreditation applications from

Universities and HEIs • making recommendations to DHERST on quality assurance matters • approving the National Higher and Technical Education Plan • approving the appointment of Chairs; Deputy Chairs and Governing Council members

of HEIs • approving the Regulations of HEIs • approving National Curriculum and National Training Packages for determination by

the Minister3 Membership of the NHTEB is approved by the National Executive Council on the recommendation of the Minister.4

1 Section 7, HEGPA 2 Section 13, HEGPA 3 Section 14, HEGPA 4 Section 15, HEGPA

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3. NewRegulatoryFrameworkforHEIsinPNG

The Higher and Technical Education Reform Act, 2020 and the Higher Education (General

Provisions) (Amendment) Act, 2020 together provide a new regulatory framework for HEIs in PNG.

The Higher and Technical Education Reform Act, 2020

The Higher and Technical Education Reform Act, 2020 provides that State-owned HEIs and Church-agency or other HEIs that receive more than 50% of their annual funding (including staff costs) from the State will transfer to DHERST regulatory oversight and be subject to new governance arrangements under the HEGPA. This includes technical and teachers’ colleges.

From a transfer date determined by the Minister for Higher Education, Research, Science and Technology, a transferred HEI:

• is deemed to be under the Ministry for Higher Education, Research, Science and Technology and DHERST; and

• is subject to the operation of the Higher and Technical Education Reform Act, 2020 and the Higher Education (General Provisions) Act, 2014 (HEGPA); and

• is deemed to be an approved HEI and registered in accordance with the HEGPA.

From the transfer date, certain transitional arrangements will apply to existing Governing Councils and staff of transferred HEIs.

The Higher Education (General Provisions) Act 2014 (HEGPA)

Once a transfer date is determined for a HEI it will be governed by the HEGPA including new powers in relation to the following matters:

• new objectives, powers and functions of HEIs; • the establishment, functions, powers and membership of Governing Councils; • the appointment of the Principal and staff; • the appointment of Academic Boards; • Rule-making powers for HEIs.

Probity and good governance will be a priority under the new framework. Robust planning and reporting requirements for HEIs include requirements for the development of Strategic Plans; Business Plans and for the preparation of an Annual Audited Financial and Performance Report for each HEI.

HEIs will be encouraged to develop relationships with industry and business representatives; donors and other corporate organisations. There are also new powers for the development and delivery of National Curriculum and National Skills Packages.

The Education (Amendment) Act, 2020

This Act amends the Education Act, 1983 to remove the teachers’ colleges and technical colleges from the operation of that Act.

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NEW REGULATORY STRUCTURE FOR HEIs

State-owned HEIs

Church-agency HEIs >50% State-funded

Church-agency HEIs <50% State-funded

Private HEIs

Stronger governance and regulatory oversight under

DHERST

National registration and accreditation under DHERST

• HEIs to transfer to DHERST oversight on determination of a transfer date

• Transition arrangements apply - Governing Councils (6 months); staff terms and conditions (at least 12 months);

• HEIs to be registered and their programmes accredited by DHERST in accordance with the National Standards

• New HEI governance arrangements apply in relation to:

o Objectives. functions and powers of HEIs

o Establishment, functions, membership of Governing Councils

o Appointment, operations of Governing Councils and committees

o Strategic and Business Planning; Auditing, Performance Reporting

o Establishment of Academic Boards

o Appointment of Principal and staff

o Council Rules

• HEIs to be registered and their programmes accredited by DHERST in accordance with the National Standards

• NTC registration and accreditation of private HEIs to transfer to DHERST

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4. TransitionalArrangementsforTechnicalandTeachers’Colleges

The Higher and Technical Education Reform Act, 2020 and the Higher Education (General

Provisions) (Amendment) Act, 2020 provide detailed provisions for the transition of technical and teachers’ colleges to DHERST regulatory oversight.

4.1 ArrangementswithChurchEducationAgenciesThe amended HEGPA provides that DHERST may, on behalf of the State, negotiate arrangements with Church education agencies in relation to the nature and levels of State support for Church-agency institutions.5

In negotiating such arrangements, DHERST must recognize the contribution that Church education agencies have made, and continue to make, to the development of higher education in Papua New Guinea and will approach such negotiations in a spirit of cooperation.6

Any negotiated arrangement shall be referred by the Minister for Higher Education, Research, Science and Technology to the National Executive Council for approval.7

For Church education agencies and their institutions, DHERST and the NHTEB shall recognize, in all dealings under the HEGPA:

• the right of parents and citizens to obtain the education they wish for their children and themselves; and

• the desirability for diversity of educational methods provided national standards are maintained; and

• the right to define, develop and preserve the identity and character of institutions of a particular nature, whether of a religious or other nature, provided such distinctions are not based on race, colour or other criteria unacceptable in a democratic society; and

• the central role of Christian principles in Papua New Guinean society.8

DHERST will work to develop a strong working association with PNG Church education agencies and their institutions to ensure that both the interests of education agencies and the State are properly reflected in the management and governance of Church-agency institutions.

Existing arrangements between the State and education agencies in place immediately before the transfer date for an institution, remain in place until any new arrangements under the amended HEGPA are negotiated.9

5 Section 143H (1), HEGPA 6 Section 143H (2), HEGPA 7 Section 143H (3), HEGPA 8 Section 143H (4), HEPGA 9 Section 8, HATERA

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4.2 GoverningCouncilArrangements

The Governing Council of a transferred HEI in place immediately before a transfer date shall continue to govern the HEI for a period of up to six months from the transfer date. During that period, the Council must work with DHERST to effect the appointment of a new Governing Council.10

During the transition period, the members of the existing Governing Council are entitled to such fees and entitlements as they had been before the transfer date.11

DHERST, through its Quality Assurance Division, will work with HEIs and their existing Governing Council’s during the 6-month transition period to ensure new Governing Councils are established in accordance with the new HEGPA requirements.

4.3 TransferofTeachingServiceStaff(includingPrincipals)

Each person who, on the day before the transfer date, is a member of the Teaching Service and appointed to a transferred HEI, is transferred to the transferred HEI with effect from the transfer date.12

The terms and conditions of employment of a transferred employee, applying on the day immediately before the transfer date, shall continue in force and be binding on the employee and the transferred HEI until replaced by a contact of employment under the HEGPA.13

A transferred HEI may, not before twelve months after the transfer date, offer a contract of employment to a transferred employee.14

In the event that a transferred HEI does not offer a transferred employee a contract of employment, or if a transferred employee does not wish to enter a contract of employment, the transferred HEI shall give the employee at least ninety days’ notice in writing that employment at the HEI shall cease. In these circumstances, The Teaching Service Commission shall, within ninety days of the employee being so notified, either:

• re-appoint the employee to a school or other institution; or • retrench the employee from the Teaching Service; or • retire the employee from the Teaching Service.15

An employee who enters into a contract of employment with a transferred HEI ceases to be a member of the Teaching Service from the date of the contract of employment with the transferred HEI. An employee also ceases to accrue any further benefits in relation to his or her former employment as a member of the Teaching Service from the date of the contract of employment with the transferred HEI.16

10 Section 9 (1), HATERA 11 Section 9 (2), HATERA 12 Section 10 (1), HATERA 13 Section 10 (2), HATERA 14 Section 10 (3), HATERA 15 Section 10 (4), HATERA 16 Section 10 (5), HATERA

12

The entering into of a contract of employment will represent continuous service in relation to all entitlements accrued by the transferred employee under prior employment with the Teaching Service Commission and such entitlements shall be liabilities of the State.17

DHERST, through its Human Resources Division, will work closely with transferred HEIs and employees in the implementation of these transitional arrangements. Contracts entered into after the transitional period will be Public Service contracts of employment.

4.4 Transfer of Department of Education Staff Appointed to a TransferredHEI

Similar arrangements to those in section 4.3 apply to any Department of Education staff that are appointed to a transferred institution.18

4.5 DepartmentofEducationDepartmentalStaffAffectedbyReformsDHERST and the Department of Education must use their best endeavours to transfer or redeploy staff of the Department of Education affected by the transfer of technical and teachers’ colleges to DHERST regulatory oversight.19

4.6 TransferofFilesandOtherDocuments

On the transfer date for a HEI, the Department of Education will transfer to DHERST all files, documents and other materials relevant to the operation and management of the transferred HEI. 20 This includes all computer and other electronic files held by the Department of Education.21 DHERST Human Resources Division will work closely with the Department of Education on these transfers.

4.7 TransferofMoniesStandingtotheCreditofaTransferredHEIOn the transfer date for a HEI, the Department of Education shall transfer to DHERST all monies which were, immediately before the transfer date, allocated to or standing to the credit of a transferred HEI.22 DHERST Operations Wing will work closely with the Department of Education in relation to these transfers.

4.8 TransferofLand,AssetsandLiabilitiesofState-OwnedHEIsOn the transfer date for a State-owned HEI, the Department of Education shall transfer to DHERST, all land, assets, liabilities, rights and other entitlements in relation to the HEI.23 DHERST will work with the Department and central agencies to effect the transfers.

17 Section 10 (6), HATERA 18 Section 11, HATERA 19 Section 12, HATERA 20 Section 13 (1), HATERA 21 Section 13 (2), HATERA 22Section 14 (2), HATERA 23 Section 14 (1), HATERA

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5. Objectives,FunctionsandPowersofTransferredHEIs

The HEGPA provides for the objectives, functions and powers of all transferred HEIs. These apply to all transferred public Higher Education Institutions.

5.1 ObjectivesObjectives are the outcomes that HEIs set out to achieve through performing their functions.

The Objectives of all transferred HEIs are:

(a) to be quality-focused; have strong and effective governance and management and to provide programmes of study that are in accordance with national standards and any approved national curriculum or national training packages; and

(b) to manage finances transparently, efficiently and cost effectively; and

(c) to be strongly engaged with the wider education community; and

(d) to understand the economic and social needs of the nation by building coalitions with key industry, professional and civil society organisations and ensuring that programmes of study support these needs; and

(e) to work closely with DHERST to ensure that Government strategic planning and policy initiatives are robustly implemented; and

(f) to ensure that contemporary teaching and training principles and methodologies are implemented; and

(g) to provide the greatest opportunity for students to engage in study through the use of technology and innovative educational practices; and

(h) to recognise the importance of quality education in Papua New Guinea’s wider development goals particularly in the area of human resource development; and

(i) to not discriminate on the basis of gender, race or religion and to actively promote and implement principles of gender equity and social inclusion.24

The management and Governing Council of a HEI must have regard to these Objectives in the performance of all duties and responsibilities under the HEGPA. It is good practice for these Objectives to be regularly reviewed and discussed, particularly during periods of strategic or business planning. Ultimately, a HEI will be assessed against how well in it is fulfilling these legislated Objectives.

24 Section 143I (1), HEGPA

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5.2Functions

The functions of a HEI are things that the HEI must do.

The functions of all transferred HEIs are to:

(a) provide facilities for study and education in all subjects and programmes of study approved by the Governing Council and to give instruction and training in all branches of learning and skills approved by the Council; and

(b) subject to the Regulations, award and confer certificates, diplomas, degrees and such other awards as may be approved by the Governing Council with such awards to be signed by the Chair of the Council and the Principal; and

(c) to provide DHERST with the names of all graduating students including awards to be offered; and

(d) engage with the wider education community to ensure that the HEIs programmes of study are consistent national education and skills priorities; and

(e) work closely with DHERST to ensure that all programmes of study offered by the HEI comply with the national standards and any approved National Curriculum or National Training Packages; and

(f) as approved by the Governing Council, develop affiliations with other educational institutions to deliver additional courses and programmes of study;

(g) develop strong relationships with industry and business representatives; donors and potential corporate sponsors; and

(h) develop robust policies for the recognition of qualifications and attainment of learning from other educational institutions and the implementation of the national standards.25

DHERST will work closely with the Management and Governing Councils of all HEIs to assist them undertake these functions.

5.3 Powers

HEIs have the power to do all things that are necessary or are required to attain the objectives and undertake the functions they have under the HEGPA. For the most part, these functions will be performed or administered by the Management and Governing Council of the HEI.26

25 Section 143J (1), HEGPA 26 Section 143K, HEGPA

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6. ManagementandStaffofTransferredHEIs

6.1 AppointmentandFunctionsofPrincipal

Each transferred HEI shall have a Principal whose manner of appointment, salary, terms and conditions of employment shall be in accordance with the Public Services (Management) Act,

2013 and the General Orders. 27

The Principal is the chief executive officer and head of staff of a public HEI. The Principal is responsible for overseeing all academic administrative and financial matters. The Principal is also an ex-officio member of the Governing Council and plays a key role in ensuring management performance is regularly reported to the Governing Council.

The Principal is responsible for:28

(a) the efficient performance of the functions of the HEI in accordance with the policy directions of the Governing Council; DHERST Departmental Head or Minister, and reporting to the Council in relation to same; and

(b) giving effect to the decisions of the Governing Council and ensuring that the HEI complies with the Regulations; the HEGPA and any other relevant laws; and

(c) building the profile of the HEI within the community and establishing and strengthening relations with business and industry representatives; donors and other HEIs;

(d) carrying our such other functions and duties as are required under the HEGPA and his or her contract of employment.

6.2 AppointmentofTeachingandOtherStaffThe appointment, salary, terms and conditions of employment of full-time staff of a transferred HEI shall be in accordance with the Public Services (Management) Act, 2013 and the General Orders.29

6.3 EligibilityforRe-AppointmentofTeachingandOtherStaffA person may be re-appointed to any office or position in a transferred HEI if the person is otherwise capable of holding that office or position.30

6.4 Short-TermNationalContractEmployees

A Principal, with approval from the Governing Council, and in consultation with DPM, may appoint such casual and temporary employees as are necessary for a transferred HEI to perform its functions.31

27 Section 143ZH, HEGPA 28 Section 143ZI, HEGPA 29 Section 143ZJ, HEGPA 30 Section 143ZL, HEGPA 31 Section 143ZM, HEGPA

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7. EstablishmentandFunctionsofGoverningCouncils

Each transferring HEI must have a Governing Council as the governing body of the institution.32This applies to all transferring technical and teachers’ colleges.

The functions of each Governing Council are:33

(a) to promote and ensure attainment of the objectives of the HEGPA and the HEI; and

(b) to determine the strategic vision and direction of the HEI and monitor its performance; and

(c) to formulate policies and planning guidelines for the effective management of the HEI; and

(d) to consider matters referred to it for approval by the Academic Board including endorsing the names of students for graduation; and

(e) to instil a performance-based culture that promotes an ethical, disciplined and productive institution which delivers quality educational services; and

(f) to ensure that the HEI has current and effective policies in relation to gender equity and social inclusion for students and staff; and

(g) in consultation with DHERST, enter into arrangements with external organisations, including private training institutions; donor partners and corporate entities, to provide targeted training in areas of national skills priority; and

(h) to provide oversight of the administration of the revenue, property and personnel of the HEI and the conduct of all matters relating to the HEI not otherwise provided for under the HEGPA or other law; and

(i) to approve the Strategic Plan, Business Plan; Annual Audited Financial and Performance Report and the budget of the institution for each financial year; and

(j) to provide all financial, performance and other information as reasonably requested by DHERST in accordance with any approved forms; and

(k) to make Rules for the HEI in accordance with the HEGPA; and

(l) to exercise such other powers and perform such other duties as are conferred on it by the HEGPA; and

(m) generally, to take such action to promote quality education in Papua New Guinea.

DHERST, through its Quality Assurance Division, will work closely with all HEIs to ensure that Management and Governing Councils are aware of existing and emerging Government policy as it relates to HEIs.

32 Section 143M, HEGPA 33 Section 143N, HEGPA

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8. MembershipofaGoverningCouncil

A Governing Council should provide the full range of expertise and skills required for effective HEI governance and accountability. This includes independent financial, legal and commercial expertise as well as higher education expertise.

Under the HEGPA, there are different requirements for the membership of Governing Councils of transferred HEIs based on whether the HEI is a State-owned HIE or a Church-

agency HEI.

8.1 MembershipofGoverningCouncilsofState-OwnedHEIs

For a State-owned HEI, the Governing Council shall consist of:34

(a) the Principal, ex-officio; and

(b) one member nominated by the Departmental Head of DHERST; and

(c) one member of the full-time academic staff of the HEI elected by the staff; and

(d) two external members with current experience in financial or legal matters nominated by a peak body* representing business interests in Papua New Guinea; and

(e) two external members with current experience in the management of significant commercial enterprises or in business management nominated by a peak body representing business interests in Papua New Guinea; and

(f) one external member nominated by a professional association representing graduates of the HEI; and

(g) one external member nominated by a professional recognition authority responsible for the professional recognition of graduates of the HEI; and

(h) one external member nominated by the Provincial Government in which the HEI is located; and

8.2 MembershipofGoverningCouncilsofChurch-AgencyHEIsFor a Church-agency HEI, the Governing Council shall consist of:35

(a) the Principal, ex-officio; and

(b) one member nominated by the Departmental Head of DHERST; and

(c) one member of the full-time academic staff of the HEI elected by the staff; and

(d) one external member with current experience in financial or legal matters or with current experience in the management of significant commercial enterprises

34 Section 143O (1), HEGPA 35 Section 143O (2) HEGPA * A peak body can also be taken to mean an organisation that represents an entire sector of industry, the professions, academia or the community to the government.

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nominated by a peak body representing business interests in Papua New Guinea; and

(e) one external member nominated by a professional association representing graduates of the HEI; and

(f) one external member nominated by a professional recognition authority responsible for the professional recognition of graduates of the HEI; and

(g) one external member nominated by the Provincial Government in which the institution is located; and

(h) up to eight members nominated by the Church education agency operating the HEI.

8.3 RequirementsforallGoverningCouncils

The following requirements apply to all Governing Councils of transferred HEIs.

Any nominee by the Departmental Head of DHERST must be an officer of at least the level of First Assistant Secretary.36

So far as practicable, there must be a gender balance in the membership of the Governing Council.37

In the case of a teachers’ college, the nominee from the professional association representing graduates of the HEI must be the Papua New Guinea Teachers’ Association.38

For all Governing Council members, other than ex-officio members, the following shall apply:39

(a) the member shall be appointed by the NHTEB in accordance with the HEGPA; and

(b) the member shall hold office for a term not exceeding three years; and

(c) the member shall hold office on such terms and conditions as are determined under the Boards (Fees and Allowances) Act, 1955; and

(d) the member shall be ordinarily resident in Papua New Guinea; and

(e) the member shall be eligible for reappointment.

DHERST, through its Quality Assurance Division, will provide advice and support to Governing Councils in relation to compliance with their functions

36 Section 143O (4), HEGPA 37 Section 143O (3), HEGPA 38 Section 143O (5), HEGPA 39 Section 143O (6), HEGPA

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9. Appointment of Governing Council Members and Conduct of Meetings

9.1NominationProcessforGoverningCouncilMembersThe management of the nomination process for membership of the Governing Council should be the responsibility of an independent Nominations Committee established by the Governing Council.

The Nominations Committee must have a Terms of Reference that includes its purpose, membership and attendance, secretary, quorum and procedures.

Most positions on a Governing Council are nominated by external organisations. A main function of the Nominations Committee is to liaise with these organisations; to obtain details of their nominees and ensure that the nominee is available and willing to act on the Governing Council.

All nominated persons must be selected based on merit and their ability to fulfil the duties of membership and to form a robust but cohesive governance team.

The Nominations Committee must require a fit and proper person and conflict of interest declaration from each nominated person. The Committee must also undertake its own inquiries about the person’s background, including referee report checks. DHERST, through its Quality Assurance Division, can assist Nomination Committees by providing advice and appropriate forms for these checks.

The Nominations Committee must prepare a report and recommendation of appropriate nominees for endorsement by the Governing Council.

9.2ProcessforAppointmentofGoverningCouncilMembersThe HEGPA provides a process for the appointment of Governing Council members of transferring HEIs.

Governing Council members are appointed by the NHTEB in accordance with the following process.

For State-owned HEIs, the existing Governing Council provides a report and names of nominees to the DHERST Departmental Head.40

For Church-agency HEIs, the relevant Church education agency, in consultation with the existing Governing Council provides a report and names of nominees to the DHERST Departmental Head.41

The DHERST Departmental Head then provides a report and names of nominees to the NHTEB for approval.42

40 Section 143O (7), HEGPA 41 Section 143O (8), HEGPA 42 Section 143O (9), HEGPA

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The NHTEB shall consider the report and appoint the preferred nominees if the Board is satisfied that the nominee:43

(a) is a person of good repute in the community and recognised as a person qualified, experienced and competent to represent the persons or groups or interests for which they were nominated under the HEGPA; and

(b) is of sound mind and judgment and able to contribute to the business of the Council; and

(c) does not have a criminal record or has not been charged with an offence which is likely to denigrate their standing as a Council member; and

(d) does not have personal interests which are in conflict with the interests or objectives of the institution; and

(e) is ordinarily a resident of Papua New Guinea.

9.3 PaymentofFeesandExpensesThe Minister will determine the terms and conditions of Governing Council members in accordance with the Boards (Fees and Allowances) Act, 1955.44

9.4 AppointmentofChairandDeputyChairThe HEGPA provides for the appointment of a Chair and Deputy Chair to a Governing Council as follows.

The NHTEB, on the recommendation of the DHERST Departmental Head, shall appoint a member of each Council to be Chair of the Council and another member to be Deputy Chair of the Council.45

In making a recommendation, the Departmental Head shall take into account any recommendations from the Council of the HEI and where the HEI is a Church-agency HEI, any recommendations of the relevant Church education agency.46

If the Departmental Head does not accept the recommendation of a Council or Church education agency, the Departmental Head must give reasons and enter into negotiations to resolve the matter.47

If the Chair is absent or otherwise able to act, the Deputy Chair has all the power and functions of the Chair under the HEGPA and the Regulations.48

The Chair and Deputy Chair shall hold office until expiration of the period of their respective appointments or until they cease to be members, whichever is the first to occur.49

43 Section 143O (10), HEGPA 44 Section 143O (6) (c), HEGPA 45 Section 143P (1), HEGPA 46 Section 143P (2), HEGPA 47 Section 143P (3), HEGPA 48 Section 143P (4), HEGPA 49 Section 143P (5), HEGPA

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9.5 LeaveofAbsence

The HEGPA provides that the DHERST Departmental Head may grant leave of absence to a Governing Council member on such terms and conditions, consistent with the HEGPA, as the Departmental Head determines.50

Any Governing Council member seeking leave of absence should advise the Chair of the relevant Council. The Chair should write to the DHERST Departmental Head outlining the requested leave of absence for the Governing Council member.

9.6 VacationofOffice(Resignation;Termination)The HEGPA provides for the circumstances that a Governing Council member may vacate his or her membership of a Governing Council.

A member, other than an ex-officio member, may resign office by providing a signed letter of resignation to the NHTEB, through the DHERST Departmental Head. All letters of resignation should be addressed to the NHTEB but delivered to DHERST Departmental Head for actioning.51

On recommendation of the DHERST Departmental Head, the NHTEB shall terminate the appointment of a member if the member:

(a) becomes permanently incapable of performing his or her duties; or

(b) resigns office; or

(c) is absent, except with the written consent of the Departmental Head, for three consecutive meetings of the Council; or

(d) fails to comply with the HEGPA requirements in relation to disclosing interest (see section 10.5); or

(e) becomes bankrupt, or applies to benefit of any law for the benefit of bankrupt or insolvent debtors, compounds with his creditors, or makes an assignment for their benefit; or

(f) is convicted of an offence punishable under a law by a term of imprisonment of at least one year; or

(g) ceases to be ordinarily resident in Papua New Guinea.52

If a recommendation relates to a Council member of a Church-agency HEI, a recommendation shall only be made after consultation with the relevant Church education agency.53

The DHERST Departmental Head may, at any time, by written notice, advise a member that he or she intends to recommend to the NHTEB to terminate the member’s appointment on the grounds of inefficiency, incapacity or misbehaviour.54Again, if a recommendation relates 50 Section 143Q, HEGPA 51 Section 143R (1), HEGPA 52 Section 143R (2), HEGPA 53 Section 143R (3), HEGPA 54 Section 143R (4), HEGPA

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to a Council member of a Church-agency HEI, a recommendation shall only be made after consultation with the relevant Church education agency.55

A member may, within 14 days of receipt of a termination notice, reply in writing to the DHERST Departmental Head who shall consider the reply and advise of his decision to the Council.56On receipt of a response from the member, the DHERST Departmental Head shall consider the response and make a decision to proceed or dispense with a recommendation to the NHTEB.57

The Departmental Head will advise his decision to the Chair of the Council and the member. If the HEI is a Church-agency HEI, the decision will also be advised to the relevant Church education agency.58 If a member does not reply to the notice, the DHERST Departmental Head may recommend to the NHTEB that the member’s appointment is terminated from the date of the notice.59

The NHTEB shall determine any recommendation made to it and shall advise its decision through the DHERST Departmental Head to the Chair of the Council and the member. If the HEI is a Church-agency HEI, the decision will also be advised to the relevant Church education agency 60 DHERST will always work closely with institutions around issues concerning Governing Council membership.

9.7 VacancyonaGoverningCouncil

If there is a vacancy in the membership of a Council (other than ex-officio members), an appointment to fill the vacancy shall be made as soon as practicable, and in any case, not later than three months after the date on which the vacancy occurs. The appointment shall be made in accordance with the HEGPA and the person so appointed shall hold office, subject to the HEGPA, for the residue of his or her predecessor’s term of office.

If the vacancy occurs within three months of the expiration of the term of office, the vacancy shall remain unfilled for the remainder of the term.61

A Governing Council may continue to operate even though there is a vacancy in the membership. A vacancy does not invalidate a decision of the Governing Council provided the decision is valid in all other respects.62

55 Section 143R (5), HEGPA 56 Section 143R (6), HEGPA 57 Section 143R (7), HEGPA 58 Section 143R (8), HEGPA 59 Section 143R (9), HEGPA 60 Section 143R (10), HEGPA 61 Section 143S, HEGPA 62 Section 143T, HEGPA

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10. MeetingsandConductofGoverningCouncil

10.1 FrequencyandScheduling

Each Governing Council shall meet as often as the business of the HEI requires, and at such times and places as the Chair directs, but not less than four times in each calendar year.63

The dates for Governing Council meetings each year should be agreed by the end of the previous year and published in the HEI calendar.

These dates should be adhered to as much as possible in order for relevant bodies, committees and other entities to comply with various requirements, in particular submitting reports to the Governing Council. Committees should be notified of any changes to the prescribed meeting dates as soon as possible.

Governing Council meetings may be held as real-time virtual meetings over the internet using integrated audio and video technology provided all members are able to actively engage with each other during the meeting. These meetings should be limited to no more than two per year.

Extra meetings may be held when considered necessary.

10.2 QuorumAt a meeting of a Governing Council, half of the total number of members for the time being constitute a quorum64

Governing Council members cannot nominate a proxy, nominee or alternate persons to represent them in their absence.

A formal record of attendance of members should be kept for each meeting of the Governing Council, together with a formal record of apologies received, and absentees recorded in the Minutes.

10.3 AgendaandMinutes

The Chair and Principal should agree on the agenda for each Governing Council meeting and ensure the Agenda and related papers are available to members at least two weeks prior to the meeting, while also allowing for members to add to the Agenda.

The Governing Council should expect to see, and should request, regular formal written reports and data on the performance of the HEI against its Strategic Plan, current Business Plan and Key Performance Indicators (KPIs).

The Governing Council should decide on the style of Minutes most appropriate.

A dedicated person should be appointed as Minute Secretary.

A Governing Council should decide on the extent to which its meeting Minutes should be released to the HEI community and more widely, (excluding any matters that relate to

63 Section 143U (1), HEGPA 64 Section 143U(1)(a), HEGPA

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individuals or otherwise be considered confidential). For example, the Council might choose to release a summary of discussed matters and decisions, rather than full Minutes.

10.4 MeetingManagement

The Chair, or in his or her absence, the Deputy Chair, shall preside, and if both the Chair and Deputy Chair are absent, the members present shall appoint a Chair for that meeting from their own number.

Matters arising shall be decided by majority vote of the members present and voting.

The Chair presiding shall have a deliberative vote, and in the event of an equality of votes on any matter, also a casting vote.65

Subject to the HEGPA, the procedures of meetings of each Council are to be determined by the Council.66

10.5 DisclosureofInterestA Governing Council member who has a direct or indirect interest in a matter being considered or about to be considered by a Council shall, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the member’s interest at a meeting of the Council.67

Any disclosure shall be recorded in the Minutes of the meeting of the Council and the member shall not take part, after the disclosure, in any deliberations or decision of the Council in relation to the matter.

A disclosing member shall be disregarded for the purpose of constituting a quorum of the Council for any deliberation or decision on the matter.68

10.6 ProtectionFromPersonalLiabilityA member of a Governing Council (or of a committee of a Council) of a public HEI is not personally liable for any act or default of that person, or the HEI, done or omitted to be done in good faith in the operation of the HEI or for the objectives of the HEGPA or the institution.69

10.7 DelegationofPowersA Governing Council may delegate its powers and functions other than:

(a) the power to formulate Regulations under the HEGPA; and

(b) this power of delegation.70

65 Section 143U (2), HEGPA 66 Section 143U (3), HEGPA 67 Section 143V (1), HEGPA 68 Section 143V (2), HEGPA 69 Section 143Z, HEGPA 70 Section 143Y, HEGPA

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A Governing Council must ensure that all delegations (including financial, academic and managerial) are appropriate, documented, observed and regularly reviewed.

A HEI must maintain a register of all delegations of authority and ensure this register is available to all who need to know. One or more committees of the Governing Council should be charged with regularly reviewing the delegations.

10.8 DirectionsbytheMinisterorDHERSTDepartmentalHeadIt is important that all transferring HEIs contribute to the development of skills in PNG in accordance with policy priorities of the Government.

Accordingly, the Minister or the DHERST Departmental Head may, after consultation with a Governing Council, give to the Council such directions, consistent with Government policies and programmes and not inconsistent with the provisions of the HEGPA, as the Minister or DHERST Departmental Head considers fit, as to the exercise and performance by the Council of its powers, functions and duties under the HEGPA.71

A Governing Council must give effect to any direction given.72

A direction by the Minister may only be in relation to matters of Government policy and does not extend to matters of staffing or other internal matters other than in accordance with the HEGPA.

10.9 ObserversA Governing Council should develop and implement a policy on observers at Council meetings.

10.10DecisionsOutsideScheduledMeetingsEach HEI should have agreed written procedures for urgent decisions to be made by the Governing Council outside scheduled meetings. As a matter of good governance, and transparency, any outside meetings are not to be encouraged as they do not provide an opportunity for open discussion and debate. The safest mode is for any matter to be resolved via written circular to all members.

10.11SecretariatThe Governing Council should have dedicated secretariat support, to manage and support meetings, Agendas, Minutes and other Council business such as inductions.

10.12DistinctionBetweenGovernanceandManagementEach member of a Governing Council should be aware of, and observe the distinction, between governance and management responsibilities.

The Governing Council should review the performance of management, but never step in to take over the functions of management, such as intervening in decisions that are the 71 Section 143X (1), HEGPA 72 Section 143X (2), HEGPA

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responsibility of management. It may however review management decisions and make suitable comments, suggestions and formal recommendations

The HEI should ensure that all Governing Council members receive adequate induction, training and advice in the distinction between governance and management.

Each Governing Council is encouraged to develop and adopt its own statement on this distinction, and how it will be observed and monitored at the HEI.

10.13AccountabilityofHEIManagementtoGoverningCouncilGoverning Councils have a duty to hold management to account. To do this, the Council needs to be provided with adequate information and evidence about the performance of the HEI, its financial situation and any current or emerging issues.

While financial and audit and risk information can be considered by relevant committees, Council members need information on the HEIs performance against its Strategic Plan, Business Plan including any KPIs and targets.

The Governing Council should participate in discussions to inform and finalise the HEIs Strategic Plan and Business Plan.

At each meeting, the Governing Council should seek from the Academic Board, a written report on academic standards and students’ academic performance. A report should also be provided on quality assurance activities, including the results of feedback surveys of students, graduates and other stakeholders.

All contracts between the HEI and third parties should be monitored by the Governing Council to ensure that contractual requirements met.

The Governing Council should also receive comprehensive reports on capital works and masterplans, and changes in the HEIs external environment.

11. DevelopmentandPerformanceofGoverningCouncil

11.1 DeclarationbyallMembers

Before commencing their appointment, each new member of a Governing Council must sign a declaration that he or she is a fit and proper person to act as a member, will adhere to governance framework principles and will meet the requirements of Governing Council members as set out in this Governance Manual.

The member must also declare any known, or potential conflicts of interest.

11.2 InductionofMembers

New Governing Council members must be provided with information on their roles and responsibilities, referring to this Governance Manual where relevant.

New members should be given a tour of the main campus (and others where practical) and opportunities to become familiar with the operations of the HEI.

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11.3 ProfessionalDevelopmentofMembers

Annual professional development activities should be undertaken by the HEI for the Governing Council as a whole and, if appropriate, for individual members.

Activities for Governing Councils might include updates, presentations or workshops on aspects of corporate governance practice or legislation, national or international trends in higher education, or important financial, legal and ethical considerations.

Activities for individual members might include short courses on relevant financial or legal issues; courses for company directors; or workshops on governance.

11.4 BenchmarkingandGoodPracticeThe Governing Council should regularly compare, or benchmark, its activities and performance with those of other HEIs in PNG and internationally. It should also take account of new developments in governance and authoritative good practice guidelines developed by governments, international agencies or corporate bodies.

11.5 EvaluationofthePerformanceofGoverningBodyAt least once every two years, the Governing Council should assess its performance effectiveness, and that of its committees and members. The Chair should organise an effective and fair assessment process. This process should be transparent and involve a degree of formality.

On an annual basis, the governing body should also review its conformity to this Governance Manual, address non-compliance, and make changes to its activities if necessary.

12. CommitteesofaGoverningCouncil

12.1 CommitteesGenerallyA Governing Council may, from time to time, establish committees of the Council to advise the Council on such matters as the Council considers necessary.73

In establishing a committee, a Council may:

(a) appoint such persons (including members) as it considers necessary; and

(b) specify the functions and procedures of the committee.

A member of a committee, who is not a member of the Council, may receive fees and allowances under the Boards (Fees and Allowances) Act 1955.74

The committees that should be formed by the Governing Council to carry out specific responsibilities are:

• Finance committee

73 Section 143W (1), HEGPA 74 Section 143W (2), HEGPA

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• Audit and risk committee • Nominations committee • Strategy and Investment committee • Students committee • Gender and Social Inclusion committee

Other names can be used for these committees provided the functions below remain.

Each committee must have a Terms of Reference that includes the committee’s purpose, membership and attendance, secretary, quorum and frequency of meetings. DHERST, through its Quality Assurance Division, can assist Governing Councils with the development of appropriate Terms of Reference for committees.

Committees should submit a report for consideration of the Governing Council seven days prior to the meeting of the Council. This report should set out the committee’s activities, achievements, concerns, recommendations, and any other relevant matters.

12.2 FinanceCommittee

The role of the Finance Committee is to:

• Closely monitor the HEIs financial position, so it can provide informed and authoritative advice to the Governing Council as a whole

• Provide guidance on appropriate future strategies • Review financial policies • Provide input to the budget of the HEI.

The Finance Committee should be chaired by an external member of the Governing Council with appropriate qualifications and experience in financial management.

12.3 AuditandRiskCommittee

The role in respect of audit is to ensure there is a process for independent external financial auditing, effective internal audit capability, and adequate internal control over finance and performance, and a process for independent performance audit, in accordance with the HEGPA.

The risk role is to identify risks to the achievement of the HEIs objectives and strategic goals (including legal, contractual, financial, academic, reputational, security and health and safety risks) and to ensure there are effective risk controls.

12.4 NominationsCommitteeThe Nominations Committee is responsible for the management of nominations, appointment and removal of members of the Governing Council in accordance with the HEGPA.

The Chair should be an external member of the Governing Council.

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The Nominations Committee may include one or two co-opted persons who are not members of the Governing Council but bring relevant expertise. This Committee should meet only as required.

All members of Governing Councils (other than the Principal) are appointed by the Board. The process for nominating and approving Governing Council members is set out in section 9.

12.5 StrategyandInvestmentCommitteeThe role of this Committee is to provide oversight and advice to the Governing Council with regard to the development and implementation of the HEIs long-term development strategies, including activities and finances. This will include a role in ensuring the development of the HEIs Strategic Plan and Business Plan and monitoring and evaluating the HEIs performance against these plans.

12.6 StudentsCommitteeThe role of this Committee is to ensure that issues raised by students are clearly identified, actively drawn to the attention of the Governing Council, and appropriately addressed by management. The Committee should also have a role in advising on improvements to the HEI’s processes for handling student issues of various kinds.

Any duly established student association within the HEI should be represented.

The Director of Student Services, the Director of Admissions and the Chair of the Academic Board (or equivalent positions) should also be members of this committee.

12.7 GenderandSocialInclusionCommitteeThe role of this Committee is to support the Governing Council in the development and implementation of robust policies in relation to gender equity and social inclusion within the HEI. These polices are legislated functions of Governing Councils under the HEGPA. Councils will be assessed in their annual performance auditing and reporting as to how effectively the policies are being implemented.

12.8 OtherCommitteesOther Committees can be established by the Governing Council as required.

However, good governance practice suggests that HEIs should not establish executive committees to deal with urgent and unexpected matters that require action between meetings.

Also, it is no longer regarded as good practice for a HEI Governing Council to operate a staffing, personnel or industrial relations committee, as these are typically viewed as part of HEI management.

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13. AcademicBoard

13.1 EstablishmentandFunctionsofAcademicBoard

The HEGPA provides for the establishment of an Academic Board for each transferred HEI. 75

The Academic Board is the principal academic body of the HEI.76

Subject to the HEGPA and any directions by the Governing Council, the functions of the Academic Board are to:77

(a) determine proper standards of instruction, examinations and assessment and to regulate and promote the academic life of the HEI; and

(b) approve academic or training programmes; and

(c) recommend for Governing Council approval, policies and procedures in relation to:

(i) to the quality of academic or training programmes; and

(ii) student related functions including admissions, expulsions, discipline, examinations and certification and graduation; and

(iii) assurance of quality of teaching and learning; and

(iv) scholarships, exhibitions, medals and prizes; and

(v) affiliation with other educational institutions; and

(vi) schemes for the consitution and organisaton of teaching departments; and

(vii) advanced standing and recognition of examinations or assessments of other institutions; and

(d) appoint examiners for all examinations and assessements in acordance with procedures set out in the Regulations; and

(e) institute programmes of continued professional development as relevant and at all levels; and

(f) assist in the development of draft Regulations for consideration by the Governing Council; and

(g) prepare an annual report on the Academic Board’s work for presentation to the Governing Council by 28 February of the following year reported on; and

(h) such other functions as may be directed by the Governing Council.

75 Section 143ZD (1), HEGPA 76 Section 143ZD (2), HEGPA 77 Section 143ZE, HEGPA

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13.2 MembershipandAppointmentofAcademicBoard

The Academic Board of each transferred HEI shall consist of:78

(a) the Principal, ex-officio; and

(b) the Deputy Principal Academic (or similar position), ex-officio; and

(c) the HEI Department Heads, ex-officio; and

(d) the Registrar (or similar position), ex-officio; and

(e) the Librarian (or similar position), ex-officio; and

(f) two HEI departmental staff members appointed in accordance with procedures determined by the Council in the Regulations; and

(g) two independent members with relevant experience and knowledge of the industries served by graduating students nominated by a peak industry body.

The Principal shall be the Chair of the Academic Board and the members shall elect a Deputy Chair.79

Members of the Academic Board other than ex-officio members shall: 80

(a) be appointed by the Council on recommendation of the Principal; and

(b) hold office for three years; and

(c) be eligible for reappointment.

The Academic Board will meet at least four times each calendar year.81

At a meeting of an Academic Board:82

(a) half of the total number of members for the time being constitute a quorum; and

(b) the Chair, or in his or her absence, the Deputy Chair, shall preside, and if both the Chair and Deputy Chair are absent, the members present shall appoint a Chair for that meeting from their own number; and

(c) matters arising shall be decided by majority vote of the members present and voting; and

(d) the Chair presiding shall have a deliberative vote, and in the event of an equality of votes on any matter, also a casting vote.

Subject to the HEGPA, the procedures of meetings of each Academic Board are to be determined by the Academic Board.83

78 Section 143ZG (1), HEGPA 79 Section 143ZG (2), HEGPA 80 Section 143ZG (3), HEGPA 81 Section 143ZG (4), HEGPA 82 Section 143ZG (5), HEGPA 83 Section 143ZG (6), HEGPA

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14. CouncilRules

14.1 ContentofRules

A Governing Council of a transferred HEI may make Rules with respect to:84

(a) the management, good governance and discipline of students of the HEI; and

(b) procedures in relation to Council meetings; and

(c) the subjects and programmes of study to be undertaken at the HE; and

(d) the process for the admission, attendance and expulsion of students; and

(e) the times, places and manner of holding lectures, classes and examinations and the number and character of such lectures, classes and examinations; and

(f) the granting of certificates, diplomas and other awards; and

(g) the granting of scholarships, bursaries and other prizes; and

(h) matters in relation to advanced standing and recognition of existing qualifications; and

(i) the governance and operation of the Academic Board; and

(j) such other matters as are authorized under the HEGPA or that are necessary or convenient for giving effect to the HEGPA.

DHERST may prepare a set of template Rules that may be adopted or adapted by a Council.85

14.2 ApprovalandPublicationofRules

All Rules must be approved by the NHTEB on recommendation of the DHERST Departmental Head and published by the Department.86

A Rules must not operate retrospectively if it:87

(a) affects the rights of a person in a prejudicial manner; or

(b) imposes liabilities on a person in respect to anything done or omitted to be done before the Rule comes into effect.

A Rule made in contravention of the above is invalid and has no effect.88

Rules made in a calendar year shall be numbered in sequential arithmetic series beginning with number “1”.89

84 Section 143ZN (1), HEGPA 85 Section 143ZN (2), HEGPA 86 Section 143ZO (1), HEGPA 87 Section 143ZO (2), HEGPA 88 Section 143ZO (3), HEGPA 89 Section 143ZO (4), HEGPA

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15. StrategicPlanning,BusinessPlanningandPerformanceAuditing

For HEIs to achieve their objectives and to meet the policy deliverables of the Government, clear and effective planning needs to be undertaken and reviewed on a regular basis.

The HEGPA provides a robust planning and reporting regime for all transferring HEIs.

15.1 StrategicPlanIn consultation with the DHERST, each Governing Council must prepare a Strategic Plan outlining the goals, objectives, policies, strategies, activities, resource needs and targets for the HEI for each five years period.90

The Strategic Plan must align with the National Higher and Technical Education Plan and all relevant Government policies as determined by the National Executive Council, the Minister and DHERST. 91

A Strategic Plan must be presented to the Minister for approval through the DHERST Departmental Head.92

15.2 BusinessPlan

Each calendar year, the Governing Council shall prepare an annual Business Plan for the HEI outlining how the HEI will achieve its strategic objectives for the coming year.93

The Council shall, by 31 July each year, submit the annual Business Plan for the HEI commencing 1 January the following year to the DHERST Departmental Head who shall forward the plan for approval by the Minister.

15.3 AnnualAuditedFinancialandPerformanceReportEach Governing Council must, by 30 June each year, submit an Annual Audited Financial and Performance Report to the DHERST Departmental Head on the progress and performance of the HEI for the year ending 31 December previously.94

As soon as practicable after receiving a report, the DHERST Departmental Head shall forward the report to the Minister.95

15.4 SupportfromDHERSTDHERST is developing procedures for all aspects planning, reporting and auditing and will assist HEIs in ensuring compliance.

90 Section143ZA (1), HEGAP 91 Section 143ZA (2), HEGPA 92 Section 143ZA (3), HEGPA 93 Section 143ZA (4), HEGPA 94 Section 143ZB (1), HEGPA 95 Section 143ZB (2), HEGPA

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16. NationalCurriculumandNationalTrainingPackages

16.1 DevelopmentofNationalCurriculumandNationalTrainingPackages

DHERST may develop, or facilitate the development of, National Curriculum or National Training Packages in subject areas of national importance or as identified as national skills priorities.96

National Curriculum and National Training Packages shall be developed in consultation with relevant HEIs, professional accreditation organisations, relevant industry and business bodies, and other interested stakeholders. 97

DHERST may engage the assistance of such advisory bodies, consultants, organisations or experts as it deems necessary to develop, or facilitate the development of, National Curriculum and National Training Packages.98

DHERST will be working closely with the National Skills Development Agency (NSDA) to determine National Skills Packages across a range of industries.

16.2 Process for Approval of National Curriculum and National Training Packages

The DHERST Departmental Head shall refer draft National Curriculum and National Training Packages developed or facilitated by DHERST to the NHTEB for approval.99

When assessing proposed National Curriculum and National Training Packages, the NHTEB shall use the criteria in the national standards. Based on the assessment, the NHTEB shall prepare and submit a report to the Minister, through the DHERST Departmental Head.100

Upon approval by the NHTEB, the Minister may determine National Curriculum or National Training Packages by publishing a Notice in the National Gazette. The Notice must advise interested parties how they can access copies of the approved National Curriculum or National Training Packages.101

16.3 AmendmentofNationalCurriculumandNationalTrainingPackages

National Curriculum and National Training Packages can be amended using a similar process as described in in Section 16.1 above.102

16.4 UseofNationalCurriculumandNationalTrainingPackages

The Minister may, from time to time, determine that for certain subject matter areas, only approved National Curriculum or National Training Packages shall be delivered in public and

96 Section 143A (1), HEGPA 97 Section 143A (2), HEGPA 98 Section 143A (3), HEGPA 99 Section 143A (4), HEGPA 100 Sections 143B (1) and (2), HEGPA 101 Sections 143C (1) and (2), HEGPA 102 Section 143E and 143F, HEGPA

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private HEIs.103A Determination by the Minister shall be made by the Minister publishing a Notice in the National Gazette.104A Determination by the Minister shall only be made after the Minister has consulted the DHERST Departmental Head and a recommendation for such a determination approved by the Board. 105

It is an offence for a person or entity to offer a programme of study other than in accordance with a Determination by the Minister.106

HEIs wishing to be accredited to deliver National Curriculum or National Training Packages must bring an application under the HEGPA.107The DHERST Quality Assurance Division can assist any HEI seeking approval to deliver National Curriculum or National Training Packages.

16.5 NationalSkillsDevelopmentAgency

The National Skills Development Agency (NSDA) is an advisory body established under the HEGPA in 2019. The main functions of the NSDA are to:

• Develop policy in relation to national skills priorities based on up-to-date labour market data;

• Ensure skills training in PNG demand-driven • Prepare a National Skills Development Plan for approval by the Board • Coordinate the development National Training Packages across a range of industries

The NSDA convenes an Advisory Group comprising representatives of government, industry, donors, institutions and civil society. The Advisory Group provides strategic advice and recommendations to the DHERST Departmental Head and NHTEB

The NSDA Advisory Group is supported by a small NSDA Secretariat within the DHERST.

103 Section 143D (1), HEGPA 104 Section 143D (2), HEGPA 105 Section 143D (3), HEGPA 106 Section 143D (4), HEGPA 107 Section 42A, HEGPA

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17. Compliance; Enforcement and State Intervention in Certain Circumstances

17.1 ComplianceandEnforcement-BackgroundIt is essential that all registered HEIs, both public and private, comply with their registration and accreditation requirements and all other obligations under the HEGPA. The HEGPA provides certain processes to assist the Minister for Higher Education, Research and Technology and the DHERST Departmental Head ensure compliance.

17.2 AppointmentofAuthorisedPersonsOn the recommendation of the DHERST Departmental Head, the Minister may appoint an authorised person to attend upon a HEI or other premises for the purpose of ensuring compliance with the HEGPA. 108The authorisation must be in writing and provide details of the address of the premises to be visited.109

17.3 PowersofAuthorisedPersons

An authorised person may enter the premises mentioned in an authorisation at any reasonable time on any day that the HEI is conducting programmes.110 On entering the premises the authorised person may undertake the following activities:

• Observe the HEIs operations • Require any person to give information about the HEIs programmes or operations • Inspect and take copies of any documents (electronic or manual) relevant to the

operation of the HEGPA • Request any person to assist in obtaining copies of relevant documents • Require any person who has the management or control of the HEI to provide

information about the HEI including full access to electronic records • Inspect and make a report on the HEIs premises and facilities.111

17.4 IdentificationofAuthorisedPerson

An authorised person undertaking any authorised activity must present his or her written authorisation when requested.112

17.5 ObstructionofAuthorisedPersonIt is an offence to obstruct, hinder or resist an authorised person carrying out authorised activities or to refuse access to or supply of requested information. 113

108 Section 147 (1), HEGP 109 Section 147 (2), HEGPA 110 Section 148 (1), HEGPA 111 Section 148 (2) HEGPA 112 Section 149, HEGPA 113 Section1 50, HEGPA

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17.6 MinistertoRequestProvisionofaReport

After consultation with the DHERST Departmental Head, if the Minister is of the opinion that it is reasonable to do so, he may request the Governing Council or Principal of a transferred HEI or public University to provide a report in response to any issues of compliance with the HEGPA obtained from an authorised person or from any other source. The report may also request measures that the institution has taken or is taking to resolve or address the issues.114

DHERST must consider any report received and, through the DHERST Departmental Secretary, advise the Minister on the most appropriate response to the report.115

17.7 StateIntervention-BackgroundThe HEGPA provides that in certain circumstances, the State, via the Minister for Sport & Higher Education, Research, Science and Technology may intervene in the management or governance of a transferred HEI or public University. The Government has determined that where the State is the owner or a substantive funder of an institution, there should be a legal mechanism for the State to intervene to protect the ongoing stability and reputation of institutions.

17.8 CircumstancesWheretheStateMayIntervene

The circumstances where the State may intervene are:

• where an institution is being so negligently, inefficiently or badly conducted so as not to be in the interests of the country; or

• where the institution is in financial difficulty due to gross mismanagement; or • where the institution is unable to perform its functions due to dissention among

members of the Governing Council; or • where the institution is unable to resolve a student revolt or strike within a reasonable

period which may lead to injury; death; destruction of property or serious threat to the public; or

• where the institution is unable to resolve a staff strike or revolt likely to result in the institution being unable to undertake its functions; an unprecedented academic staff resignation; injury; death; destruction of property or serious threat to the public; or

• where the institution is not carrying out its functions under the HEGPA or other relevant legislation.116

17.9InterventionbytheStateWhere the DHERST Departmental Head forms the view that a circumstance in section 17.8 exists, he or she may advise the Minister and the Minister may direct the Governing Council or management of the institution to provide a report outlining the problem and the measures the institution has taken or is taking to resolve the issue.117If the institution does not provide

114 Section 151 (1), HEGPA 115 Section 151 (2), HEGPA 116 Section 152 (1), HEGPA 117 Section 152 (1), HEPGA

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a report or if the report is not to the Minister’s satisfaction, the Minister must, in consultation with the DHERST Departmental Head, take such actions as are in the best interests of the institution.118The actions the Minister may take are to:

• appoint an independent arbitrator to resolve the issue; or • to revoke or suspend the membership of the Governing Council; or • to appoint an interim Governing Council; or • to suspend the Principal of the institution; or • to appoint an interim Principal as chief executive officer of the institution.119

Any interim arrangements are to remain in place until the Minister is satisfied that issue giving rise to the intervention has resolved.120Upon resolution of an issue, a suspended Governing Council or Principal may be reinstated. Where there has been a revocation, the Minister may direct the institution to appoint a new Governing Council in accordance with the HEGPA.121

17.10EffectofSuspensionofPowersofGoverningCouncil

If the Minister decides to suspend the membership of a Governing Council, the powers and functions of the members of the Council will be deprived during the period of suspension.

The revocation or suspension of a power or function by the Minister does not affect any right, privilege or obligation accrued or incurred prior to the suspension. Similarly, the suspension does not affect any investigation, legal proceeding or legal remedy which may be carried on or enforced as if the suspension or revocation had not taken place.122

17.11ResolvingDisputes

Each public HEI should develop processes for resolving serious disputes. Such disputes can be between management and the Governing Council or between particular members. In all cases, dispute resolution process should be aimed at resolving the matter as soon as possible and with clear and transparent outcomes and a strategy for moving forward. Early dispute resolution is in the interest of all HEIs and will prevent the need for intervention.

17.12ConclusionThe HEGPA powers of compliance, enforcement and State intervention are there to enable the State to protect public HEIs and Universities and to ensure ongoing good management and governance. HEIs are encouraged at all times to work closely with DHERST in relation to any compliance issues that arise. In most cases, matters will be able to be resolved through negotiation and working together to solve issues. Honesty and transparency are expected in all communications between HEIs and DHERST.

118 Section 152(2), HEGPA 119 Section 152(3), HEGPA 120 Section 152(4), HEGPA 121 Section 152(5), HEGPA 122 Section 153, HEGPA

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18. EthicalStandardsandIntegrityGenerally

18.1 CodeofConduct

Each transferring HEI must develop a Code of Conduct of the ethical standards, or personal integrity, it expects of all HEI staff and Governing Council members to uphold. The Code of conduct should include the Integrity Principles set out in Appendix A. The Code of Conduct should be widely available to all affected persons and made public.

18.2 AllegationsofFraudorCorruptConductAny allegation of fraud or corruption within a transferring HEI (including in relation to a Governing Council) must be advised to the DHERST Departmental Head as soon as possible. The DHERST Departmental Head will work with HEIs to investigate such allegations ensuring procedures are transparent, fair and offer protection to genuine ‘whistleblowers’ while observing the principles of natural justice.

Natural justice principles provide that any person who is subject to allegations should:

• Be notified of the allegations in detail. • Be permitted to respond to the allegations within a reasonable space of time. • Be dealt with by persons who are impartial and are unbiased. i.e. a fair hearing

As appropriate, these procedures will provide for referral to and intervention by the police, Public Prosecutor, or other relevant external agencies charged with the responsibility of addressing fraud or corruption.

18.3 ConflictofInterestMembers of a Governing Council must declare any known actual, perceived or potential conflicts at the time of their appointment, and the HEI must keep a register of all declarations of interest.

Members must also declare any conflicts prior to the commencement of each Governing Council meeting, and these must be recorded in a register. If a conflict is not declared and subsequently discovered, the member will have breached their duties under the HEGPA and may be dismissed from the Governing Council.

18.4 Confidentiality

Unless authorised by law, HEI staff and Governing Council members must not provide confidential information or documents to a person or entity without the written approval of the person who provided the information or documents.

18.5 CompliancewithPNGLegislation,RegulationsandGuidelines

The management and Governing Council must ensure there are internal systems in the HEI to foster compliance with all relevant PNG legislation and guidelines, including the HEGPA.

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19. StatisticalInformationandotherRequiredInformation

19.1 StatisticalInformation

Up-to-date statistical information provides the essential data for DHERST and the wider Government to make informed, evidence-based policy decisions. Indeed, it is lifeblood of good policy making. The HEGPA provides that each year, all HEIs must provide statistical information for each accredited programme in relation to the following matters:

• the number of full-time and part-time students; and • the modes of delivery of the programme; and • the breakdown between enrolled male and female students; and • the number of overseas students who undertook the programme; and • the broad field of education which the programme applies; and • the number of graduates of the programme; and • retention and progress rate for the programme; and • such other data and information approved by the DHERST Departmental Head.123

DHERST will advise HEIs how and when this this statistical information is to be provided.124

The timely provision of this information is vital to long term planning and policy development within the sector. It is relevant to such matters as where new HEIs may be built and the kind of programmes to be offered. DHERST will work closely with HEIs to ensure that the information can be provided as easily as possible. HEIs should note that non-compliance with the requirement to provide statistical data is a breach of condition of registration.

19.2 MajorChangesThe HEGPA provides that any registered HEI that is intending to make major changes must seek the approval of DHERST. Major changes are defined as any of the following:

• a change in the institutions’ corporate status or a substantial change in its ownership or shareholding

• a change that may result in a significant decline in the HEIs financial position • a change to where the HEI operates • a change to the way a programme is delivered (eg face-to-face; electronically;

distance) • a change that may result in a programme no longer receiving professional recognition

resulting in graduates not receiving professional registration • changing the accredited course content by more than 30% • significantly reducing the number of student contact hours for a programme • any change defined as a “major change” in the national standards.

123 Section 168 (1) and (3), HEGPA 124 Section 168 (2), HEGPA

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20. i-PNG Higher Education System Networking Project - Bringing HigherEducationIntothe21stCentury

20.1 National Higher and Technical Education Management Information System(MIS)

For the PNG higher and technical education sector to thrive it must embrace digital technology. In April 2020 the NEC approved the fast-tracking and funding of the National Higher and Technical Education Management Information System (MIS) and e-Library. The MIS has been undergoing development for some years and provides six core services to digitalize the operational functions of DHERST which relate directly to HEIs:

• Online National Students Register. This provides for the online application, selection and registration of students into HEIs and for disbursing and acquitting TESAS. It also provides for online HEI reporting, collection of data as well as an information source for students

• Non-University Integrated Management Solutions (NUIMS). This provides for the management of financial, enrolment, academic, and HR functions incorporating interfaces and functions for monitoring student progress; student services; planning of teaching; allocating faculty; timetabling and the production of ID cards.

• Quality Assurance Management Information System (QAMIS). This provides a full automated service for registration and accreditation processes under the HEGPA

• Online National Expert Register. An online register of experts available to DHERST for quality assurance and other regulatory needs

• Online Project Management System. An online module to manage projects undertaken in the PNG higher education sector, particularly those funded by DHERST

• Online application of the Higher Education Loan Program (HELP)

The rollout of these modules over the coming years will greatly enhance the efficiency of both DHERST and all participating HEIs.

20.2 e-Libraries

PNG HEIs have regularly suffered from a lack of current and easily accessible learning and teaching resources. As part of the I-PNG program, DHERST is working with an external provider to develop customised learning and teaching resources that are easily accessible to all HEIs through cloud technology.

The aim of the e-Libraries project is to create the most comprehensive, diverse, and relevant multidisciplinary research database available. It will provide access to databases across all major subject areas, including business, health and medical, social sciences, arts and humanities, education, science and technology, and religion. It will provide extensive access to full-text scholarly journals, trade and professional titles, newspapers, magazines, dissertations, working papers, case studies, and market reports all together on a powerful, user-friendly platform.

More information can be obtained from the DHERST Research and Innovation Wing.

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21. StudentSupport(TESASandHELP)

21.1 PolicyandLegislativeAuthority

It has long been the policy of the Government to provide financial assistance to higher education students. The HEGPA provides that this assistance can be in for form of grants and loans.125The Government currently provides both grants (TESAS) and loans (HELP) to higher education students through the operation of the Higher Education Student Support

Regulations, 2020.

21.2 TertiaryAssistanceStudentAssistanceScheme(TESAS)Currently, grants for high performing students are provided by TESAS which consists of two grants:

• Academic Excellence Scholarship (for very high performing students) • Higher Education Contribution Assistance Scholarship (for high performing students)

To be eligible a student must be enrolled in an accredited programme in a participating registered institution and achieve the required grade-point average which is determined each year.

Support is provided as a contribution to tuition fees, accommodation board and lodging costs, travel costs, student resources and in some cases, food.

21.3 HigherEducationLoanProgram(HELP)HELP is a new Government program enabling higher education students to obtain interest-free loans for part of their higher education fees and expenses.

To be eligible a student must be enrolled in an accredited programme in a participating registered institution.

Support is provided as a contribution to tuition fees, accommodation board and lodging costs, travel costs, student resources and in some cases, food.

Eligible students are required to enter into a HELP Loan Contract whereby loans are repaid once a student is in continuing employment.

More detail on HELP can be found here:

21.4 AdministrationofStudentSupportFurther information on both TESAS and HELP, including administrative processes for HEIs can be obtained from the DHERST HELP Division.

125 Section 165, HEPGA

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22. SectorWidePlanningandBudgetingforHigherEducation

22.1 ACoherentSectorWideFundingModel2021–2025

NEC Decision NG179/2019 approved DHERST’s transition to a five-year Higher and Technical Education Sector Plan and Budget (2021-2025). The transition includes the phased movement from the current five disparate funding systems (universities, teacher colleges, nursing colleges, technical and business colleges; and miscellaneous colleges) to a single coherent sector wide funding system.

In preparation for the 2021 Budget, DHERST and central agencies are mapping to the new standardised Chart of Accounts for each Higher Education Program within the Higher Education sector. The mapping makes provision for the transfer (at the appropriate time) of specified higher education funding allocations from other Agencies to DHERST as directed by NEC Decision NG25/2017.

22.2 Affordable,Reliable,EquitableandTransparentGrantFunding

COVID 19 has presented many challenges for the 2021 Budget planning and beyond. Subject to Government core funding availability, the funding relationship between DHERST and HEI’s will be underpinned by an affordable, equitable and transparent funding model for all post-secondary institutions. When fully established the funding model will assess the relative funding position of institutions for existing and new resource levels across five categories of Grants viz: Base Grants; Institutional Factors Grants; Innovation Grants; Incentivised Performance Grants; and Research Grants.

Equitable funding formulae for each of the Grants components will be negotiated via HEI Funding Agreements. Prior to transitioning to the full implementation of the sector-wide funding model a preferred funding model will be distributed for broad consultations with all sector stakeholders. The final funding model will be phased in over a period of five years.

22.3 IncentivisedFundingLinkedtoHEIPerformance

When fully implemented the sector wide funding model, developed in consultation with all HEI stakeholders will provide incentives for good governance and management. The generic performance indicators for each HE Program include:

v Enrolments Growth – annual compound growth in enrolment ratios across each HE sub-sector

v Enrolee to Graduate trends - improving trendline conversion of enrolees to graduates v Quality Assurance - satisfactory external quality assurance audits. v Gender - steady improvement in the balance of male and female enrolment and

graduation ratios. v Demonstrated improvement in the quality of management and governance on key

indicators

The transition to a five-year funding model is based on recommendations contained in the DHERST publication: Financing of Higher Education in Papua New Guinea, 2011 to 2019.

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AppendixA:IntegrityPrinciples

The following principles should guide all PNG public HEIs:

1. Ethical conduct Honesty in transactions Acting in good faith in the interests of the institution as a whole Avoiding conflicts of interest Not acting for an improper purpose Not making improper use of position

2. Observance of law generally and the objects of the HEI

Understanding key legislative provisions Ensuring access to law when needed

3. Effective satisfaction of the HEIs mission

Delivery of desired outcomes Efficient and effective use of resources Sustainability Proper planning for achievement of goals Managing opportunities and managing risks Monitoring measurable progress

4. Exercise of care, skill and diligence

Having necessary knowledge, and constantly updating that knowledge Planning, managing, acting, monitoring and promoting best practice principles as necessary Satisfying the standard of care reasonably expected in the circumstances

5. Financial integrity

Remuneration is fair and responsible No personal gain or favour is received except what is open, agreed upon, and reasonable in the circumstances.

6. Due process

Proper relationships are maintained between all stakeholders. A clear understanding of specific roles Policies and procedures are established, known and followed Independence and objectivity exist where appropriate Good decision-making procedures are followed Where appropriate, there is observance of rules of natural justice and procedural fairness: The right to make a defence The right to be judged impartially and without bias The requirement that adversaries show good cause

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7. Openness and transparency

Proper and frequent reporting Full disclosure Disclosure of any conflict of interest Dissemination of information and easy access to information.

8. Accountability Accountability in the exercise of power Accountability in the use of resources

9. Recognition of the legitimate interests of all stakeholders

Good management of human resources Positive environmental and social outcomes Sustainability The HEI acts as a good corporate citizen.

10. Compliance with this Manual

Reference to the Manual on a regular basis for action and decision making

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Board Responsibility for Institutional Governance. Available at: http://agb.org/statement-board-responsibility-institutional-governance AUQA [Australian Universities Quality Agency] (2010). Academic Governance and Quality

Assurance: Good Practice for NSAIs. Available at: http://www.auqa.edu.au/files/otherpublications/good_practice_for_nsai.pdf Bank of Papua New Guinea Prudential Standards. Available at: http://www.bankpng.gov.pg/234-financial-system-supervision/banks-a-licenced-financial-institutions/159-prudential-standards http://www.bankpng.gov.pg/images/stories/Life%20Insurance/Prudential%20Standards/Fit%20and%20Proper%20Procedures.pdf http://www.bankpng.gov.pg/images/stories/Superannuation/Superannuation_PS_7-2012_Corporate_Governance.pdf Committee of University Chairs (2009). Guide for Members of Higher Education Governing

Bodies in the UK. Available at: www.hefce.ac.uk/media/hefce1/pubs/hefce/2009/0914/09_14.pdf ICAC [Independent Commission Against Corruption, New South Wales, Australia] (no date). Conflicts of Interest. Available at: http://www.icac.nsw.gov.au/preventing-corruption/knowing-your-risks/conflicts-of-interest/4897 Namaliu, R. and Garnaut, R. (2010). Report of the Independent Review of the PNG University

System. Available at: www.rossgarnaut.com.au/.../PNGUniversitiesReview310510v7.pdf OECD (2007). Bribery in Public Procurement: Methods, Actors and Counter-Measures, OECD, Paris. Available at: http://oecd.org/daf/briberyinternationalbusiness/anti-briberyconvention/briberyinpublicprocurementmethodsactorsandcounter-measures.htm Papua New Guinea Department of Personnel Management, including relevant legislation and Code of Ethics: Available at: http://www.dpm.gov.pg/ http://www.dpm.gov.pg/_generalOrders/codeOfEthics/CoEmainContent.html Papua New Guinea Institute of Directors. Corporate Governance. Available at:http://www.pngid.org.pg/corporate_governance.html

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Pierce, J.L. and Dunham, R. B. (1990). Management. Scott, Foresman/Little, Brown Higher Education, Glenview, Illinois, USA Qld Health [Queensland Department of Health] (nd). Governance versus Management. Health Reform Queensland. Available at: http://www.health.qld.gov.au/health-reform/docs/factsheet-govn-mgnt.pdf Tertiary Education Quality and Standards Agency (TEQSA), Australia. www.teqsa.gov.au The Leadership Foundation for Higher Education (UK). ‘Governance’. Available at:http://www.lfhe.ac.uk/en/audiences/governance/index.cfm

Universities Australia (2011). Voluntary Code of Best Practice for the Governance of Australia

Universities. Available at: http://www.universitiesaustralia.edu.au/resources/684/1328 UNSW [University of New South Wales) (2005]. Conflict of Interest (policy for employees). Available at: http://www.hr.unsw.edu.au/employee/conflict.html