2014-04 - Interim Governance Arrangements for the edu.au 2LD

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Policy No: 2014-04
Publication Date: 01/07/2014
Status: Replaced by Policy No 2015-02


1. BACKGROUND

1.1 This document sets out the interim governance arrangements for the edu.au second
level domain (2LD). These arrangements have been put in place to facilitate the
transition of governance functions from the Australian Information and
Communications Technology In Education Committee (AICTEC) to auDA.

1.2 On 6 March 2003, auDA entered into a 2LD Sub-Sponsorship Agreement for edu.au
with AICTEC (through the Commonwealth Department of Education), under which
auDA delegated policy and management authority for the edu.au 2LD to AICTEC.
AICTEC in turn sub-delegated its responsibilities to the edu.au Domain
Administration Committee (eDAC).

1.3 AICTEC ceased to operate in December 2013. Pursuant to the machinery of
government provisions, AICTEC’s role was reassigned to the Commonwealth
Department of Education for the remaining duration of the Sub-Sponsorship
Agreement through to 30 June 2014.

1.4 At its meeting in April 2014, the auDA Board approved a recommendation that auDA
resume responsibility for edu.au as a self-managing, closed 2LD and delegate to
eDAC the role of administering edu.au on its behalf.

2. ROLE, MEMBERSHIP AND OPERATIONS OF eDAC

2.1 The role of eDAC is set out in the eDAC Terms of Reference at Schedule A.

2.2 eDAC membership is to comprise:
a) one representative from the Commonwealth Government;
b) one representative from the higher education sector;
c) four representatives from the schools sector, specifically:
i) two Government schools representatives;
ii) one Catholic school representative;
iii) one independent schools representative; and
d) two representatives from the Vocational Education and Training sector.

2.3 eDAC will transition existing members (who do not have fixed terms) to a fixed term
model with each new representative appointed for a period of 4 years, with half of
the membership terms retiring every two years.

2.4 Any eDAC member can resign by notifying the Chair in writing. Where an eDAC
member resigns, the replacement member shall serve the remainder of the term of
that eDAC member. If that remaining term is nine months or less, then that residual
shall be added to the normal term of a new member.

2.5 When a vacancy arises on eDAC either through the resignation of a member or the
retirement of a member at expiry of their term, the relevant peak body (or its
successor) from the following table will be invited by eDAC to provide a single
nominee:

Sector

Relevant Peak Body

Commonwealth Government

Commonwealth Department of Education

Australian higher education sector

Universities Australia

Schools sector

 

Government schools

Schools Policy Group (SPG) of the Standing Council on School Education and Early Childhood (SCSEEC)

Catholic schools

National Catholic Education Commission

Independent schools

Independent Schools Council of Australia

Vocational Education and Training Sector

Industry and Skills Council Advisory Committee (which reports to the COAG Industry and Skills Council (CISC))



2.6 A retiring eDAC member may be nominated/renominated by a relevant peak body.

2.7 If the relevant peak body fails to provide a nominee within a reasonable timeframe
(or the identified peak body for that sector does not exist at that point in time or
advises is not able to provide a nominee), eDAC may use its discretion to determine
appropriate alternative measures to obtain a suitable nomination from the relevant
sector.

2.8 When a nominee is provided to eDAC in accordance with this Interim Policy, eDAC
will forward the details of the nominee to auDA for appointment as a new eDAC
member.

2.9 eDAC shall elect a Chair and may elect a deputy Chair from its members, with the
period of these positions being the remainder of the member’s term. Resignation of
these positions must be done by notifying eDAC in writing. In the event that eDAC
does not have a Chair, it shall elect a new Chair as soon as reasonably practicable.

2.10 eDAC is responsible for determining its own meeting procedures.

3. POLICY FRAMEWORK FOR EDU.AU

3.1 eDAC can make policies for the edu.au domain. Such policies must be ratified by
auDA before they have any effect.

3.2 The edu.au domain is governed by:
a) edu.au Published Policies that are published on the edu.au registrar’s website
(http://www.domainname.edu.au/policy.htm); and
b) auDA’s Published Policies that specifically apply to the edu.au domain and that
are published on the auDA website (www.auda.org.au/policies/).

3.3 If auDA proposes to introduce Published Policies for the .au domain, which are
expressly stated to apply to the edu.au domain, then auDA will consult with eDAC
when developing those policies.

3.4 To the extent of any inconsistencies between edu.au Published Policies and auDA’s
Published Policies, (where they are expressly stated to apply to the edu.au domain),
then auDA’s Published Policies will prevail.

4. REGISTRY AND REGISTRAR SERVICES FOR EDU.AU

4.1 Registry services for edu.au are provided by the 2LD Registry Operator licensed by
auDA, under the terms and conditions of the Registry Licence Agreement.

4.2 Registrar services for edu.au are provided by Education Services Australia Ltd, under
the terms and conditions of the Interim Registrar Agreement for edu.au. These
services shall comply with:
a) edu.au Published Policies; and
b) auDA’s Published Policies that specifically apply to the edu.au domain.

4.3 The registrar shall report to eDAC on the performance of its registrar functions as
required by eDAC.

4.4 The registrar shall collect domain name licence fees for the edu.au domain and use
these fees to:
a) pay the operating costs of the Registrar;
b) arrange for contractual payments for secretariat services to eDAC;
c) maintain an appropriate financial reserve to sustain the operation of the edu.au
domain; and
d) implement financial decisions as directed by eDAC;
in accordance with an annual budget to be approved by eDAC. Variations to the
budget and expenditure from the financial reserve must be approved by eDAC.

5. REVIEW OF EDU.AU GOVERNANCE ARRANGEMENTS

5.1 eDAC will undertake a public review of the governance arrangements for edu.au and
the edu.au domain name eligibility and allocation policies before 30 June 2015. Upon
completion of the review, eDAC will provide the auDA Board with recommendations
on any changes that need to be made to the interim governance arrangements set
out in this document.

SCHEDULE A
EDU.AU DOMAIN ADMINISTRATION COMMITTEE (eDAC)
TERMS OF REFERENCE
Under delegation from auDA, the edu.au Domain Administration Committee (eDAC) will:

1. Through consultation with key stakeholders, establish and maintain policies and
procedures to apply to the management and administration of the edu.au domain in
accordance with the overarching principles and policies determined by auDA.

2. Maintain an overarching policy framework for the governance of domain names in
the edu.au domain incorporating the establishment of eligibility criteria for
registration in the edu.au domain.

3. Provide a point of coordination for the management of licensing and reporting
arrangements between auDA, the nominated edu.au domain Registrar, and the 2LD
Registry Operator, including monitoring, reporting and advising on service, cost and
performance levels.

4. Ensure that policies and procedures relating to the edu.au domain are effectively
communicated to education and training stakeholders including potential entrants to
the domain.

5. Administer a decision review process incorporating complaint and dispute resolution
policies and mechanisms allowing for appeals to be handled by eDAC without the
need for recourse to the legal system or to auDA in the first instance.

6. Set the domain name licence fee in consultation with the edu.au Registrar and
manage the financial performance of the edu.au domain to ensure that it operates
on a financially self-sustaining basis whilst keeping fees for domain names at a
minimum. The registration fee must be set at a level that will enable the Registrar
to maintain an adequate financial reserve, which must be used to sustain the
operation of the edu.au domain.

7. Provide advice to auDA on:
a) any matters impacting on the stability, performance or financial selfsustainability
of the edu.au domain; and
b) whether the domain is continuing to operate in the public interest and for the
benefit of Australian education and training as a whole.

8. Provide reports to auDA, as required, on the operational and financial performance
of the edu.au domain.

9. Monitor changes being considered for the .au domain that may impact on the edu.au
domain or on the edu.au domain name policy framework.