Work Integrated Learning: A Study of Risk Management by University Lawyers

Abstract

This thesis explores risk management by Australian university lawyers within the specific context of work integrated learning (WIL) programs. In particular this thesis examines what legal risks university lawyers manage, how university lawyers manage these risks and the factors which may influence their risk management in relation to WIL programs. WIL is a strategic risk pursued by universities in the prevailing higher education environment, which is characterised by competition, changes in funding arrangements and stakeholder demand for WIL. However the strategic opportunities that WIL presents cannot be achieved without the university taking on unavoidable and distinct legal risks that may have serious financial and reputational consequences for the university. The challenge for universities is to maximise the strategic opportunity that WIL presents but to minimise the risks it entails. University lawyers are involved with meeting that challenge as part of their internal delivery of legal services to the university. Despite this important role, the work of university lawyers remains largely unexplored in the literature – risk management in relation to WIL programs is predominantly addressed from the perspective of WIL staff, not university lawyers.