University Legal Agreements Register

Records and Information is responsible for managing the University's Legal Agreements Register.

    What is an Agreement?

    When we talk about an agreement we are usually referring to a contract, which, according to the University policy MPF1247, is:

    An agreement or other instrument, whether oral or in writing, between the University and another party, whether executed as a contract or as a deed, that creates obligations for performance by the University, whether at law or in broader reputational context, and rights exercisable by the University against that other party.

    What records need to be captured in the University Legal Agreements Register?

    Content Manager (CM) is the University’s Legal Agreements Register. Records and Information capture the following records in CM.

    • All University standard agreements (including standard research contracts)
    • Non-template agreements (which come to Records & Information by way of Legal Services)
    • Third party research agreements (which come to Records & Information by way of RIC Contracts and/or Legal Services)
    • Nominated “Safe Custody Documents”.

    Please see What should I do with my Legal agreements? to identify the agreements which should come directly to Records & Information, and Further Information for links concerning the handling of other agreements.

    What should I do with my Legal agreements?

    Following execution, Standard agreements and Safe Custody Documents (listed below) should be scanned and emailed to records-info@unimelb.edu.au for registration and the hard copy should be sent to Records & Information for safe keeping.

    Safe Custody Documents

    A safe custody document is a document provided to UOM to retain safely in our custody until the provider requests its return or deletion. UOM agrees to hold these documents safely/securely so they are registered in CM as a Legal Agreement record type.

    These include, but are not limited to:

    • Bank guarantees
    • Deeds of Letters Patent / Certificates of Patent
    • Sanctions
    • Trademark Registration Certificates
    • Share Certificates
    • Valuation Reports
    • Wills and Testaments

    Scanning Requirements

    A scanned copy should be forwarded to records-info@unimelb.edu.au. Requirements for scanning can be found here. As per the advice in Promapp, hard copy agreements need to be scanned as a Searchable PDF (OCR), and quality assurance checks performed by the staff responsible for them.

    What do we do with Counterpart agreements, partially signed agreements, and copies of agreements?

    Counterpart agreements

    Counterpart agreements occur when 2 or more original signatures are in 2 or more separate documents.  We keep each set of the document (body of the agreement) with a single signature page. i.e. 2 different signatories might sign a copy of the signature page separately but the covering document it relates to remains the same. When scanning the document to create a CM image (digital records), scan the body of the agreement once, and each of the signature pages.

    Partially signed agreements

    If you are unable to determine where the fully executive agreement is, email or phone a Records & Information staff member to check if the agreement has already been registered into Content Manager and follow the advice provided. If you are advised by Records & Information that the partially signed agreement is not required, it can be destroyed in a secure confidential waste bin.

    Copies where no original exists

    Since 10/11/2009 we have been treating copies of the finalised (complete) agreement or contract, as if they are the original, in the absence of the true original.

    Multiple copies of agreements

    Multiple copies of the agreement are not required. Please ensure that the other party/ies to the agreement have their copy, as additional copies will not be retained by Records & Information.

    What Records & Information don’t capture in the University Legal Agreements Register?

    Proxy Forms

    These are of temporary retention value and are to be recorded as a document record type by the staff responsible for them. They will usually relate to our memberships of companies, internal and external boards and meetings and need to be filed with the appropriate Board/Committee/External Relations file. The fact that they are on some occasions sealed is to do with the authorisation process rather than its ongoing value.

    Drafts

    Draft agreements are usually recorded as a document by the staff responsible for them and attached to the relevant folder in CM. By draft we mean where there are no signatures, and/or the matter has not been finalised.  An exception would be when we have absolutely no other representation of an agreement, when we should have one by now (e.g., when agreements of amalgamating institutions are located during a records survey).

    What is the Supply Contracts email notification system?

    The contracts e-mail notification system was introduced by Records & Information & Commercial Services in October 2019 and is designed to assist contract managers in the management of supply agreements which have been registered into the University Contract Register (Content Manager).

    Why am I receiving notifications?

    You have been identified as the contract manager for one or more supply agreements, i.e. the person with the responsibility to manage them.

    What should I expect?

    As a contract manager, you should expect to receive the following email notifications at the various stages of the contract’s life cycle:

    1. Notification of the agreement’s registration with Records Services for safe-custody and it’s availability in the University Contract Register
    2. Notification 90 days prior to the contract’s expiration date
    3. Notification 30 days prior to the contract’s expiration date

    All email notifications will contain a link to view and/or download the contract, so that any required action can be taken.

    Further Information