Master of Laws in Enterprise Governance

MASTER OF LAWS IN ENTERPRISE GOVERNANCE Effective governance for law and non-law graduates.

MESSAGE FROM THE EXECUTIVE DEAN Enterprise governance is again in the news, and not in a positive way.

The Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry has unearthed some alarming instances of cultural dishonesty and serious risk management and compliance problems within banks and financial services organisations, and many of these problems can be attributed to failures in governance. Similarly, governance failures in mission based not-for-profit enterprises were recently exposed during the Royal Commission into Institutional Responses to Child Sexual Abuse. Public trust in corporate and enterprise leadership has been eroded.

Many see the current regulation of enterprise governance as insufficiently rigorous and inadequately administered to effectively hold enterprises, and their boards and management, to appropriate standards. We are thus likely to see a tightening of regulation and an increase in penalties for failure to properly govern enterprises. It is already being suggested that an increase in ASIC’s powers is warranted, and that criminal penalties for individual and corporate misbehaviour should be increased.

The regulation of directors’ and officers’ legal duties and obligations is likely to become more transparent and more onerous, and directors and officers will be held more accountable for their own actions and for the actions of their organisations.

In the face of all this, there is a clear and pressing need for better education of directors, officers and enterprise leaders, particularly in relation to their understanding of their legal and ethical obligations.

A comprehensive understanding of the legal regulation of enterprises and their leadership is the foundation of good governance. Strategy must be implemented, and risk must be mitigated, within the bounds of the law; customer rights under consumer protection law must be acknowledged and respected; staff have entitlements under employment law; finance and supply chains are governed by statutory obligation and contract law; innovation systems are supported by intellectual property law; and so on.

Comprehensive governance education with an explicit focus upon legal and ethical obligations is essential in addressing our current governance challenges. It is thus appropriate that a law school lead the way in making this education widely available.

Bond Law is pleased to offer its new Master of Laws in Enterprise Governance program to experienced directors, officers and enterprise leaders in both the corporate and community sectors. Developed by a team of highly qualified practitioners and scholars, delivered as a combination of online modules and intensive workshops, and able to be completed part-time in only 16 months, the program is ideal for the busy professional. The legal qualification is available to both law and non-law graduates, recognising that all board members will benefit from advanced postgraduate education in the law.

Professor Nick James Executive Dean Faculty of Law Bond University

Why study the Master of Laws in Enterprise Governance?

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When completed, your board CV will carry the post-nominals LLMEntGov – a highly sought-after law qualification to assist your board career and governance performance.

You will improve your understanding of how the governance of strategy, risk, compliance, finance, culture, people and systems all operate within a legal and regulatory framework; and how governance and decision making can be more effective as knowledge of the law and regulatory framework is strengthened.

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Regardless of your governance background (public / not-for-profit / private / schools / sport), the program is relevant and uses case studies and real examples from a broad range of sectors.

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Delivered over four Bond semesters – your Master of Laws in Enterprise Governance takes just 1 year and 4 months to complete part-time.

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The program recommends a study plan of two subjects per semester – comprising four days in total (two per subject) of conference style face-to-face engagement, together with learning support from online modules. You can do less than two subjects per semester, but not more.

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The conference component is delivered at the beautiful Bond University campus on Australia’s Gold Coast, so you can take a few days extra each semester to savour the Gold Coast beaches when you visit.

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You will hear from and engage with experienced and practising board members, representing both legal and non-legal backgrounds.

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There are no exams – online assessment is combined with case study appraisals, enabling you to apply your board and governance learning to real-life situations.

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The program is available to both law and non-law graduates – minimum entry requirements are a Bachelor of Laws, or any Bachelor degree plus five years’ relevant workplace experience inclusive of two years in a leadership role.

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International participants do not need a student visa and can undertake the program using a visitor or business visa.

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A small cohort to allow time for network development and in-depth discussion of topics.

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The program includes a Welcome Function, so you commence your board networking from the very first day.

WHO SHOULD CONSIDER THIS PROGRAM? • Current board members who wish to improve their board effectiveness.

• Board members and individuals who wish to strengthen their board CV to secure their next position.

• Management who report to a board, or are involved in governance activity.

PROGRAM STRUCTURE • • • • • • •

Completed over four semesters with eight subjects in total, using the Bond three-semesters-per-year model.

Each subject has two days of conference style delivery plus six online modules.

Each subject covers six major topic areas with each topic comprising a conference session and online module.

Each conference session is presented by a guest speaker and / or practitioner.

There are no exams; all assessment is designed to be authentic and workplace focused.

A small student cohort.

Law graduates undertake six compulsory subjects and two law electives of their choice, and can start in either January, May or September.

• Non-law graduates undertake eight compulsory subjects, and must commence their program in the September semester.

SUBJECT

LEARNING OUTCOMES

AUTHENTIC ASSESSMENT

LEARNING EXPERIENCES

Knowledge

Reflection

INTENSIVE WORKSHOP

ONLINE MODULES Skills / competencies

* Order of Intensive and Modules may vary by subject.

DAY 2

MODULAR EXPERIENCES*

DAY 1

MODULE 6

MODULE 5

MODULE 4

MODULE 3

MODULE 2

MODULE 1

Attitudes

Demonstration

Application

PROGRAM DIRECTORS Professor Nick James is the Executive Dean of the Faculty of Law at Bond University. He is a former commercial lawyer and has been practising as an academic since 1996. He is passionate about legal education and the role of law schools in modern society. His areas of teaching expertise include law in context, legal theory, animal law, business law, and company law. He has won numerous awards for his teaching including a National Citation for Outstanding Contribution to Student Learning, and he is the author of three textbooks: Business Law, Critical Legal Thinking and The New Lawyer (with Rachael Field and Jackson Walkden-Brown). He has written numerous journal articles, book chapters and conference papers in the areas of legal education, critical legal theory, and disruption of the legal services sector.

Professor James is Executive Director of the Bond University Centre for Professional Legal Education, Executive Editor of the Legal Education Review, Chair of the Australasian Law Teachers Association (ALTA), and a Fellow of the Australian Academy of Law.

Honorary Adjunct Professor Dr Stephen van der Mye brings an extensive background as an Executive Director, Managing Director and Non-Executive Director in a variety of organisations covering agribusiness; banking and financial services; biotechnology and life sciences; electrical equipment manufacturing; health administration; mining and mineral processing; infrastructure and utility services; retail and wholesale services; and university and vocational education.

His experience in these sectors covers listed and unlisted public companies; government business organisations; large and small proprietary companies; not-for-profit enterprises; and other business associations both onshore and offshore.

Stephen’s interests lie in the areas of corporate and enterprise governance, from both a compliance and performance perspective, including strategic thinking; financial management; operational planning; organisational structures; performance monitoring; risk identification and mitigation; and prudential supervision.

Mr Gary Brady has been a company director since 1998. His board and committee experience include appointments in aged and community care; professional services; tertiary sector; and manufacturing.

His executive experience spans a career in ASX20 companies BHP and James Hardie; as a Managing Partner in business advisory; and the tertiary sector. He is currently the Business Director of the Faculty of Law at Bond University. Gary has specialist interest areas in strategy development, financial management, audit and risk, marketing communication, contract law, research funding, community engagement, government liaison, and philanthropic giving, and has broad industry exposure and networks across government, industry, community and not for profit.

Gary is currently a Commissioner and Non-Executive Director of Anglicare Southern Queensland; Chair of its Audit and Risk Committee; and a member of the Anglican Diocese of Brisbane Audit and Risk Committee. He is also the Editor of the Enterprise Governance e-Journal.

SUBJECTS All subjects are compulsory for non-law graduates. Law graduates can replace the commencing September semester subjects with postgraduate law electives.

SEMESTER

SUBJECT

DESCRIPTION

Foundations of Enterprise Law and Governance

This subject will introduce students to the foundations of their legal and ethical obligations as directors and officers: legal rules and ethical principles generally, the Australian legal system and the sources of law in Australia, and the basic rules and doctrines of tort law and contract law.

Commercial Entities Law

This subject will introduce students to the law regulating enterprises in Australia. Students will learn about the range of possible business structures including the corporation, the legal process of setting up a corporate structure, and the formal operational obligations of the enterprise.

Ethics and Enterprise Governance

This subject will examine the principles and rules regulating ethical enterprise decision making, and the consequences of non-compliance.

Students will learn about the fundamental principles of ethical conduct and governance, the legal duties of directors and officers, and member rights and remedies.

Commercial Law for Enterprises

This subject will examine the laws regulating sales and supply chains, complex contracts, consumer protection and competition as they apply to enterprises, the role of the ACCC and other relevant regulators, and the consequences of non-compliance.

Enterprise Reputational Risk and Social Responsibility

This subject will examine the social and legal responsibilities of the enterprise towards others. Students will learn about the enterprise’s responsibilities towards both humans (including employees, customers and the community) and non-humans (including natural resources, animals and the environment).

Strategy, Risk and Compliance: A Legal Framework

This subject will examine the regulatory and operational frameworks associated with strategy, risk and compliance; how boards understand, influence and monitor these frameworks; and popular strategic development and implementation models. Students will learn how to evaluate a risk management system and review risk appetite statements; learn about assurance mapping, risk framework rollout and risk mitigation strategies; and become familiar with the three lines of defence. They will learn about compliance management systems; how compliance and performance are different; and how boards monitor compliance while influencing performance.

Finance, Tax and Insolvency Law for Enterprises

This subject will examine the laws regulating finance, tax and insolvency as they apply to enterprises as well as the consequences of noncompliance. Students will develop an appropriate level of financial literacy, understand the tax and superannuation obligations of the enterprise, and appreciate the role of directors and executives in avoiding and managing insolvency.

IT Law, Privacy and Cyber-Security

This subject will examine the laws regulating information technology, privacy and cyber-security as they apply to enterprises as well as the consequences of non-compliance. Students will learn about the key features and legal challenges associated with new technologies, learn how to assess and manage privacy risks, and appreciate the importance of cyber-security to a successful enterprise.

SEPTEMBER

JANUARY

MAY

SEPTEMBER

PROGRAM STUDY PLAN NON-LAW GRADUATE RECOMMENDED STUDY PLAN WITH SEPTEMBER SEMESTER COMMENCEMENT ONLY SEPTEMBER

JANUARY

MAY

SEPTEMBER

Foundations of Enterprise Law and Governance

Ethics and Enterprise Governance

Enterprise Reputational Risk and Social Responsibility

Finance, Tax and Insolvency Law for Enterprises

Commercial Entities Law

Commercial Law for Enterprises

Strategy, Risk and Compliance: A Legal Framework

IT Law, Privacy and Cyber-Security

LAW GRADUATES Law graduates can commence in any semester and tailor their study plan selecting their subjects based on the offerings below.

Graduates who have a Bachelor of Laws (LLB) only will complete the program in 4 semesters comprising of 8 subjects.

Graduates who have a postgraduate law qualification (GDLP or JD) will complete the program in 3 semesters and receive advance standing for two law electives.* *Approval for advance standing must meet University policy requirements.

SUBJECT

SEMESTER OFFERED

Ethics and Enterprise Governance

January

Commercial Law for Enterprises

January

Enterprise Reputational Risk and Social Responsibility

May

Strategy, Risk and Compliance: A Legal Framework

May

Finance, Tax and Insolvency Law for Enterprises

September

IT Law, Privacy and Cyber-Security

September

Law Elective

Any semester

Law Elective

Any semester

ENTRY REQUIREMENTS LAW GRADUATES A Bachelor of Laws (LLB) or Juris Doctor qualification from a recognised tertiary institution.

NON-LAW GRADUATES An undergraduate degree in any discipline from a recognised tertiary institution and a minimum of five years’ post-graduation experience including two years in a leadership role.

PROGRAM INTENSIVE DATES – 2021 AND 2022 SEMESTER

SUBJECT

INTENSIVE DATES

Ethics and Enterprise Government

26 – 27 February 2021

Commercial Law for Enterprises

9 – 10 April 2021

Enterprises, Reputational Risk and Social Responsibility

6 - 7 August 2021

Strategy, Risk and Compliance: A Legal Framework

25 - 26 June 2021

Foundations of Enterprise Law and Governance

17 – 18 September 2021

Finance, Tax and Insolvency Law for Enterprise

22 – 23 October 2021

ICT Law, Privacy and Cyber-Security

26 – 27 November 2021

Commercial Entities Law

3 – 4 December 2021

Ethics and Enterprise Government

25 – 26 February 2022

Commercial Law for Enterprises

8 – 9 April 2022

Enterprises, Reputational Risk and Social Responsibility

24 – 25 June 2022

Strategy, Risk and Compliance: A Legal Framework

5 – 6 August 2022

Foundations of Enterprise Law and Governance

16 – 17 September 2022

Finance, Tax and Insolvency Law for Enterprise

21 – 22 October 2022

ICT Law, Privacy and Cyber-Security

25 – 26 November 2022

Commercial Entities Law

2 – 3 December 2022

JANUARY 2021

MAY 2021

SEPTEMBER 2021

JANUARY 2022

MAY 2022

SEPTEMBER 2022

2021 SUBJECT PRICING STUDENT

SUBJECT FEE

NO OF SUBJECTS

TOTAL COSTS

DOMESTIC

$5,250

8

$42,000

INTERNATIONAL

$5,710

8

$45,680 Fees are at 2021 prices and are subject to change.

BOND LAW CONCIERGE SERVICE Each semester requires four days of attendance at the beautiful Gold Coast campus of Bond University. To help you with these visits, we offer a concierge service to participants in the Master of Laws in Enterprise Governance.

LET US ASSIST YOU WITH ADVICE REGARDING: • • • • • • •

Airfares and flights Airport transfers Family accommodation Hotel and apartment accommodation Restaurants on the Gold Coast Sightseeing Things to do and see

CONTACT CONCIERGE: EMAIL: LawDean@bond.edu.au PHONE: +61 7 5595 2264

Office of Future Students (Australian Students) Bond University Gold Coast Queensland 4229 Australia Toll free: 1800 074 074 Phone: 07 5595 2222 bond.edu.au/enquire Bond International (International Students) Bond University Gold Coast Queensland 4229 Australia Phone: +61 7 5595 1024 bond.edu.au/enquire bond.edu.au/LLMEG

CRICOS Provider Code 00017B

MB9550

The information published in this document is correct at the time of printing (January 2021).

However, all programs are subject to review by the Academic Senate of the University and the University reserves the right to change its program offerings and subjects without notice.

The information published in this document is intended as a guide and persons considering an offer of enrolment should contact the relevant Faculty or Institute to see if any changes have been made before deciding to accept their offer.