The Research Contracts team support the contracting process for research agreements at Flinders, by providing general research contracting advice, preparing or reviewing research agreements, conducting stakeholder liaison and negotiation processes, and arranging sign-off on behalf of the University. The Research Contracts team manages the review, negotiation and execution process for all research-related agreements at Flinders.
Requests for the review or initiation of a research agreement are submitted via Service One.
Only Flinders University personnel who have delegated authority can sign agreements and bind the University.
Under the University’s Policy on Delegations of Authority to Enter into Contracts, only University personnel who have been appointed as an authorised University Delegate can sign an agreement on behalf of the University. Individual staff members are not permitted to enter into contracts on behalf of the University (unless they have been nominated/appointed as an authorised University delegate). The majority of University staff members are not authorised to sign research agreements.
If a research agreement is signed by an individual who does not have delegated authority, the agreement may not be valid or binding on the University. This may have serious implications for your research.
If the activity (or activities) is research, or where the agreement relates to research activity, Research Contracts is responsible for managing the agreement.
Contracts that are not related to research activity are managed by the Head of College Services in the relevant college.
If you are unsure whether your contract is a 'research contract', you can seek advice from your RDS College Research Support Officer in the first instance.
View the most common research and research related contracts and agreements for detailed information.
If you are conducting collaborative research with another institution, typically there would be a written agreement between Flinders University and the other institution(s), to formalise the terms and conditions of the collaboration. These agreements can take a variety of different forms. See types of agreements for examples.
Whether you have received a contract or need a contract drafted, it is recommended that you contact Research Contracts as early as possible.
Generally, it is best to notify RDS early on, and to provide complete and accurate information in your request. See required information. This will help reduce the timeline to finalising the agreement. Allowing you to start the research project and release your funding (if applicable).
When there are several external parties to an agreement; the review and signature time of these contracts tends to be quite lengthy due to the number of parties that need to have input. It is recommended that you plan for this when mapping out your project timelines.
It is important to be aware that you must not commence a funded component of your research project until the research agreement is finalised.
When initiating a contract request on Service One, you should have ready as much information as you can. This will help Research Development and Support (RDS) to reduce the timeline to finalising your agreement.
Each research project is different, and each agreement will need different information. Some examples of information that may be required include:
*With the exception of a contract associated with a grant from an organisation listed on the Australian Competitive Grants Register, all research agreements are priced to compensate the University for its infrastructure costs, in accordance with the University’s Cost and Recovery Pricing policy. For example, the university’s infrastructure levy may apply. This type of arrangement is usually covered in the Research Project Certification Request (Certification Form) that is negotiated with your College.
Research Contracts will also require an approved and completed Research Project Certification Request (also known as a Certification form or a ‘Cert Form’, or a ‘Project Request’ via FlindesrPro) to enable the Research Contracts Officer to arrange for the agreement to be signed by the appropriate delegate.
The Research Project Certification Request is initiated through FlindersPro and is usually processed by your college research support officer. Where the Research Project Certification Request form has been submitted to RDS via FlindersPro with the funding application, the full title of the corresponding application should be included.
There are a few exceptions to the requirement for a Research Project Certification Request form to be completed. Please contact RDS if in doubt.
When you provide a contract initiation request to Research Contracts, then the Research Contracts Officer will determine the required review and sign-off process for your agreement.
An RDS Contract Officer will contact you to confirm receipt of your request. At this time, the contract officer may request any further information they need, and let you know what will happen next.
The agreement may require negotiation, or in some circumstances, formal legal review prior to submission for sign-off. This process ensures the agreement is consistent with the University’s policies and procedures, including risk management requirements, and legislative or regulatory requirements. This is common for all types of agreements and applies to agreements of all levels of complexity (simple or complex). The RDS Research Contracts team has experience in handling a wide range of contracts and is well qualified to handle negotiations on your behalf.
Where it is applicable, research ethics or biosafety approvals, intellectual property (IP) agreements with students, or subcontracts may also be needed; sometimes concurrently with the processing of the original agreement. Sometimes, where your research project requires research ethics or other research compliance approval(s), these types of approvals are included as a milestone in the agreement. Please be mindful of this when planning your project timelines, and ensure you consider what may be a realistic timeframe for obtaining these types of approvals.
These types of approvals are not managed by the Research Contracts team. Please refer to the research integrity area or contact the relevant executive officer for information on how to apply for research approvals.
Generally, research grant awards and contract research matters are managed by Research Contracts. But for certain types of agreements or arrangements, Research Contracts may need to seek advice from other areas of the University. For example, legal advice from Governance, Legal and Risk or intellectual property advice from commercialisation managers in RDS. Some examples of the types of agreements that may require this type of review are consultancies (which are managed via your college), government tenders, fee for service and commercialisation activities. Research Contracts will determine whether these types of extra steps are required.
Once the agreement is ready, the Research Contracts Officer will arrange for the appropriate delegate to sign the agreement on behalf of the University.
Research funds will not be released until Research Contracts has:
The lead Chief Investigator (CI) on a research project is responsible for ensuring the conduct of the research project matches the agreed terms and conditions of the agreement (and of any other approvals, such as research ethics or compliance approvals). The CI must conduct the project in line with applicable internal policies and procedures, such as the University’s Research Integrity Policy. This includes ensuring compliance in relation to matters such as expenditure according to allowed budget heads, production and submission of required progress/final reports, and receipt of any necessary research ethics or biosafety approvals.
It will help your research if you and your team are familiar with the terms and conditions of the research agreement, especially if they are unusual. This will help you to manage the agreed requirements for your research project. To facilitate this, the Research Contracts team will contact you early in the review process to alert you to the terms and conditions, highlighting anything unusual or burdensome. We will make sure that you are aware of what you are being asked to do, seek your input on these things, and confirm whether you agree to these terms or not. If you do not agree, the Research Contracts team will negotiate on your behalf.
Once your agreement is finalised, along with the signed agreement, Research Contracts provides the CI with a Chief Investigator Notification (CIN). The CIN acts as a prompt to the CI of their obligation to read and understand all conditions applying to the research project, and to comply with any specific obligations or special conditions. The CIN also serves as an email authorisation to Grants Finance to activate you research account.
Many funding organisations require detailed information about the University as part of their research application process or within their agreements. Below is a list of commonly requested details for Flinders University, which can be used for applications and agreements:
Registered business name
Flinders University
ABN details
ABN: 65 542 596 200
Address:
Sturt Road
Bedford Park South Australia 5042
Australia
Postal address:
GPO Box 2100
Adelaide 5001
South Australia
Bank details
Bank name: NAB
Branch: 22 King William St, Adelaide
Account name: Flinders University
BSB: 085-458 (SWIFT CODE: NATAAU3303M)
Account no: 86 589 5181
To satisfy the requirements of a funding agreement, Flinders University may need to commit funding towards your project. This type of arrangement is commonly effected as a joint commitment from the relevant college and from the central University Research Budget (URB). In the context of co-investment, the contribution from the college involved is at least equal to the financial contribution being sought from the URB.
The Deputy Vice-Chancellor (Research) has established a strategy, guidelines and procedure for researchers who are seeking funding support.
Once you have read and understood the Flinders University Co-investment Strategy, you can download and complete the co-investment request form.
All contracts or agreements require a fully completed Research Project Certification Request form (otherwise known as a ‘Certification form’ or ‘Cert form’).
The purpose of the Research Project Certification Request form is to ensure your proposed research project has been granted all the required internal University authorisations. It also enables the University to record and report on your research project. See required information for more details.
Below are some of the most common forms of research agreements. The following details are intended to assist you in understanding the type of agreement you may require. If you are unsure, Research Development and Support can assist in determining the most appropriate agreement for your research project.
All research agreements must be signed by the proper delegated authority on behalf of the University.
A Clinical Trial Research Agreement (CTRA) sets out the terms and conditions for clinical research designed to test the safety and/or effectiveness of drugs, therapeutics, devices, treatments, or preventive measures in humans.
If your clinical trial involves an investigational product that is not listed in the Australian Register of Therapeutic Goods (i.e., it is an unapproved therapeutic good), then you may need to lodge a Clinical Trial Notification (CTN) form with the Therapeutic Goods Administration of Australia (TGA). Research Development and Support (RDS) will assist you with completing the CTN, as it needs to be lodged under the name of Flinders University. Where a CTN is required, it is also important to factor the CTN lodgement fees into your study budget as these are generally not paid for by RDS.
If your clinical trial involves a South Australian Department for Health and Wellbeing (SA Health) site or participants, you will also need to be aware of the research ethics and research governance requirements of the SA Health site(s). Please refer to the relevant SA Health research office(s) website, or the SA Health clinical trials website for more detailed information.
The Office for Research at the Southern Adelaide Local Health Network can provide advice on clinical research at Flinders. Flinders University research ethics committees do not review clinical research.
Competitive grant agreements are used to specify the terms and conditions for acceptance of a competitive grant. The content of these agreements is governed by the granting body and are often non-negotiable.
If there are plans for further research collaborations or subcontracting under the grant, you may need some other types of agreements (such as a research collaboration agreement or a subcontracting agreement). The Research Contracts team will also arrange these for you.
This type of document is used where one or both parties will be disclosing confidential information to the other party. A confidentiality agreement sets out things like what the confidential information is, what it can be used for, and who it can be released to. If you believe you will be disclosing confidential information, particularly if it relates to a potentially patentable invention or commercially sensitive research, contact Research Contracts as soon as possible and prior to your discussion. This will mean an agreement can be put in place before any information is disclosed, and your valuable information is protected.
A Non-Disclosure Agreement (NDA), Deed of Confidentiality, and Confidential Disclosure Agreement (CDA) are all examples of confidentiality agreements.
A staff member or student may be asked to enter into an intellectual property assignment deed with Flinders University. This type of deed clarifies or transfers the ownership and treatment of specified intellectual property that has been, or may be, created. These deeds are often required by external funders as one of the conditions of their funding award.
A Memorandum of Understanding (MoU) is generally used where a non-legally enforceable arrangement or understanding between two or more parties is desired. Some or all of the MoU may not be legally enforceable, some parts of the MoU may be enforceable. But MoUs are still subject to the delegations of authority of the University and may require legal review. This is because an MoU is often relied on to show the intentions of both parties where enforceable agreements are subsequently put in place. It is also important to ensure that documented arrangements within the MoU are consistent with University policies and procedures from the outset.
Research collaboration agreements or a Multi Institution Agreements (MIAs) are usually used for research projects involving collaborations. The parties may include, for example, other research institutions, government and industry partners collaborating on, or otherwise supporting, the project.
This type of agreement usually deals with things such as: what each party will do in the research project, where the research is funded, and how research funds will be managed by the administering institution and distributed to the other parties in accordance with the funder’s requirements.
A subcontract may be required where you need to engage another service to deliver on your promises under an agreement (such as a research collaboration agreement).
A subcontract is a separate agreement to the main agreement, but it still forms part of the whole picture. A subcontract is only an available option where the main agreement allows you to subcontract out services. Some types of contracts do not allow subcontracting at all, others may only allow you to subcontract certain activities, or may require permissions from the other parties to the main agreement.
A variation agreement is used to change (or ‘vary’) the terms of an original agreement. An original agreement may need to be changed in order to extend the end date of the agreement, change details or timelines for the deliverables, adjust funding amounts, or for administrative reasons (such as changes in named personnel).
A variation agreement cannot be put in place after the term of the original agreement has ended. If an agreement needs to be varied due to a change in circumstances, you should ensure that sufficient notice is provided to Research Contracts and (if applicable) to the Research Grants and Tenders team so that the variation is ready before the end date of the original agreement.
A novation agreement is used where one of the parties to the agreement will no longer be involved, but their role will be taken over by a third party in its entirety.
A novation agreement cannot be put in place after the term of the original agreement has ended. If an agreement needs to be novated due to a party being replaced, you should ensure that sufficient notice is provided to Research Contracts and (if relevant) the Research Grants & Tenders team so that the novation agreement is ready before the end date of the original agreement.
A consulting agreement is used where a University staff member is providing expertise to a third party on commercial terms and rates. These agreements are managed by the Colleges with input from Legal Services.
Where a University staff member is seconded for all or part of their employment to another organisation, a secondment agreement sets out each of the parties rights and responsibilities in relation to the staff member and may include: reporting structure, salary payments, ownership of intellectual property, treatment of confidential information and obligations regarding the staff member’s publication and deliverables as part of the secondment. Secondment agreements are generally handled by People and Culture.
Input from Research Development and Support may be required where the secondment relates to research activities.
Intellectual property (IP) refers to creations of the mind which can be legally owned and protected from unauthorised use by others. This can be, for example, an invention, trademark, design, brand, copyright or even the application of your idea.
Awareness of IP rights is an increasingly important issue for the University and its researchers. The University has a responsibility to manage the IP generated in the course of its education and research activities. The importance of this is that the University can add impact and value to its IP for the benefit of the University, industry, governments, research sectors and the community.
It is important to seek advice at an early stage regarding intellectual property (IP). This is especially when the IP is being negotiated as part of the development or review of a research agreement.
The University's position on IP is set out in the Intellectual property policy.
Students and their supervisors need to ensure they are familiar with the University's requirements and procedures regarding the ownership of IP created by students. These requirements may impact on contractual arrangements with third parties or the creation of potentially commercialisable IP.
Where an external funder has specific terms relating to ownership of student IP, or where a student is working on a University research project that involves potentially commercialisable IP, the student may be required to enter into arrangements with the University regarding:
Funds will not be released, or commercialisation progressed, where a student agreement is required until the agreement has been fully executed by the authorised University delegate and the student(s) involved.
Research Development and Support (RDS), in conjunction with Student IP Counsellors located in the Office of Graduate Research, will arrange for IP counselling for students, as well as the formalisation of such arrangements in a Deed of IP Assignment. Students will, of course, be advised that they can seek external legal advice if they wish.
For details please refer to the Intellectual property policy (Clause 4.4) and Procedures relating to Student intellectual property, confidentiality and contractual agreements.
Moral rights are personal legal rights belonging to the creators of copyright works and cannot be transferred, assigned or sold. Only individual creators have moral rights, so these rights will continue to reside in staff and students who create copyright works.
Creators have the right:
Clause 4.5 of the Intellectual property policy sets out the University’s position regarding Moral Rights.
Agreements will sometimes include conditions that allow consent for acts or omissions which are contrary to the moral rights of the copyright creators. An example of this would be where a funder wishes to publish an excerpt or high-level summary of a funded research project on their website without attributing the researchers involved in that summary. If this is the case, and the requested act or omission is reasonable, staff or students contributing copyrighted work under that agreement will be asked to sign an individual consent for infringement of their moral rights in relation to that work.
Commercialisation is essentially the process of converting research outcomes or an invention into a valuable, useful and marketable product or process (and by marketable, it is meant “has a market application”). It could involve consultancy and contract research and development activities as well as licensing of IP to a third party or spin-out company.
Researchers pursuing commercial pathways or undertaking consultancies need to be familiar with the following policies:
The commercialisation managers in Research Development and Support (RDS) are your first port of call if you want to commercialise research outcomes. They provide a range of services and resources to assist researchers (including students) to identify and respond to commercial opportunities.
To contact the appropriate RDS commercialisation manager for your college, please visit the Strategic Partnerships including Research Commercialisation contact page.
Sturt Rd, Bedford Park
South Australia 5042
CRICOS Provider: 00114A
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