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New South Wales
Universities Governing Bodies
Bill 2011
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Adoption by resolution of the standard governing
body provisions 4
5 Regulations 5
6 Review of Act 5
Schedule 1 Standard governing body provisions 6
Schedule 2 Savings, transitional and other provisions 11
Schedule 3 Amendment of Acts and by-laws 12
b2011-115-19.d12
New South Wales
Universities Governing Bodies
Bill 2011
No , 2011
A Bill for
An Act to enable the governing bodies of universities to progressively adopt standard
provisions allowing greater flexibility in their size and composition; and for other
purposes.
Clause 1 Universities Governing Bodies Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Universities Governing Bodies Act 2011. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
3 Definitions 6
(1) In this Act: 7
governing body of a University means: 8
(a) except as provided by paragraphs (b) and (c), the Council of the 9
University, or 10
(b) the Senate of the University of Sydney, or 11
(c) the Board of Trustees of the University of Western Sydney. 12
governing body resolution--see section 4 (1). 13
replaceable provisions, in relation to a University Act, means the 14
following: 15
(a) for Charles Sturt University--sections 8A and 9 of, and clause 1 16
of Schedule 1 to, the University Act, 17
(b) for Macquarie University--sections 8 and 9 of, and clause 1 of 18
Schedule 1 to, the University Act, 19
(c) for Southern Cross University--sections 9 and 10 of, and 20
clause 1 of Schedule 1 to, the University Act, 21
(d) for the University of New England--sections 8 and 9 of, and 22
clause 1 of Schedule 1 to, the University Act, 23
(e) for the University of New South Wales--sections 8 and 9 of, and 24
clause 1 of Schedule 1 to, the University Act, 25
(f) for the University of Newcastle--sections 8 and 9 of, and 26
clause 1 of Schedule 1 to, the University Act, 27
(g) for the University of Sydney--sections 8 and 9 of, and clause 1 28
of Schedule 1 to, the University Act, 29
(h) for the University of Technology, Sydney--sections 8 and 9 of, 30
and clause 1 of Schedule 1 to, the University Act, 31
(i) for the University of Western Sydney--sections 10 and 12 of, 32
and clause 1 of Schedule 1 to, the University Act, 33
(j) for the University of Wollongong--sections 8 and 9 of, and 34
clause 1 of Schedule 1 to, the University Act. 35
Page 2
Universities Governing Bodies Bill 2011 Clause 3
rule-making power, in relation to a University Act, means the 1
following: 2
(a) for Charles Sturt University--section 32 (1) of the University 3
Act, 4
(b) for Macquarie University--section 29 (1) of the University Act, 5
(c) for Southern Cross University--section 30 (1) of the University 6
Act, 7
(d) for the University of New England--section 29 (1) of the 8
University Act, 9
(e) for the University of New South Wales--section 28 (1) of the 10
University Act, 11
(f) for the University of Newcastle--section 29 (1) of the University 12
Act, 13
(g) for the University of Sydney--section 37 (1) of the University 14
Act, 15
(h) for the University of Technology, Sydney--section 29 (1) of the 16
University Act, 17
(i) for the University of Western Sydney--section 41 (1) of the 18
University Act, 19
(j) for the University of Wollongong--section 29 (1) of the 20
University Act. 21
standard governing body provisions means the provisions set out in 22
Schedule 1. 23
University means the following: 24
(a) Charles Sturt University, 25
(b) Macquarie University, 26
(c) Southern Cross University, 27
(d) University of New England, 28
(e) University of New South Wales, 29
(f) University of Newcastle, 30
(g) University of Sydney, 31
(h) University of Technology, Sydney, 32
(i) University of Western Sydney, 33
(j) University of Wollongong. 34
University Act, in relation to a University, means the Act establishing 35
the University. 36
(2) Notes included in this Act do not form part of this Act. 37
Page 3
Clause 4 Universities Governing Bodies Bill 2011
4 Adoption by resolution of the standard governing body provisions 1
(1) The governing body of a University may, by a resolution passed by at 2
least two-thirds of the members of the governing body (a governing 3
body resolution): 4
(a) displace the replaceable provisions of its University Act and 5
adopt instead the standard governing body provisions, and 6
(b) determine, for the purposes of the standard governing body 7
provisions, the total number of members the governing body is to 8
have, and the total number of members in each category of those 9
members, when the governing body resolution takes effect. 10
(2) The governing body of the University is to give the Minister written 11
notice of the terms of the governing body resolution. 12
(3) The governing body resolution has effect: 13
(a) on the day an order made by the Minister, at the request of the 14
governing body of the University, giving notice of the terms of 15
the resolution and setting out the resultant amendments to the 16
University Act and by-laws specified in subsection (4) (b) and 17
(c), respectively, is published on the NSW legislation website, or 18
(b) on a later day specified in, or determined in accordance with, 19
such an order published on that website. 20
(4) On the day on which the governing body resolution takes effect: 21
(a) the replaceable provisions of the University Act cease to have 22
effect, and 23
(b) the University Act is amended as set out in the order made by the 24
Minister: 25
(i) by omitting the replaceable provisions and inserting 26
instead the standard governing body provisions 27
(renumbered with cross-references updated 28
consequentially, and with references to the "governing 29
body" being replaced with references to the "Council", 30
"Board" or "Senate", references to "non-academic staff" 31
replaced with references to "general staff" and references 32
to the "Academic Board" replaced with references to the 33
"Academic Senate", as appropriate), and 34
(ii) to make any other necessary consequential changes, and 35
(c) any by-laws made under the University Act are amended as set 36
out in that order to make any necessary consequential changes 37
resulting from the omission of the replaceable provisions and 38
insertion of the standard governing body provisions, and 39
Page 4
Universities Governing Bodies Bill 2011 Clause 5
(d) the rule-making power for the University is amended as set out in 1
that order by omitting so much of any matter designating a 2
subsection, paragraph, clause or other portion of a replaceable 3
provision omitted by the operation of paragraph (b) and making 4
any necessary consequential changes resulting from the 5
omission. 6
5 Regulations 7
The Governor may make regulations, not inconsistent with this Act, for 8
or with respect to any matter that by this Act is required or permitted to 9
be prescribed or that is necessary or convenient to be prescribed for 10
carrying out or giving effect to this Act. 11
6 Review of Act 12
(1) The Minister is to review this Act to determine whether the policy 13
objectives of the Act remain valid and whether the terms of the Act 14
remain appropriate for securing those objectives. 15
(2) The review is to be undertaken as soon as possible after the period of 16
5 years from the date of assent to this Act. 17
(3) A report on the outcome of the review is to be tabled in each House of 18
Parliament within 12 months after the end of the period of 5 years. 19
Page 5
Universities Governing Bodies Bill 2011
Schedule 1 Standard governing body provisions
Schedule 1 Standard governing body provisions 1
Incorporation instruction. Each reference in this Schedule to the "governing body" is to be 2
read as a reference to the "Council", "Board" or "Senate" as appropriate and, accordingly, any 3
amendments to a University Act made by the operation of section 4 are to be made to reflect 4
the correct title of the governing body affected by the amendments. Similarly, references to the 5
"non-academic staff" are to be replaced with references to the "general staff", and a reference 6
to the "Academic Senate" (instead of "Academic Board") inserted, if appropriate. Each section 7
is to be renumbered (with cross-references updated consequentially) as appropriate on 8
incorporation in the University Act concerned. 9
Division 1 The [governing body] 10
1 Definitions 11
In this Division: 12
appointed member means a [governing body] appointed member or a 13
Ministerially appointed member. 14
categories of members--see section 3 (3). 15
constitution rules--see section 3 (4). 16
elected member--see section 5. 17
external person means a person other than a member of the academic 18
or non-academic [general] staff of the University or an undergraduate 19
or graduate student of the University. 20
[governing body] appointed member--see section 7. 21
graduate member--see section 6. 22
Ministerially appointed member--see section 8. 23
official member--see section 9. 24
2 [Governing body] 25
(1) There is to be a [governing body] of the University. 26
(2) The [governing body] is the governing authority of the University and 27
has the functions conferred or imposed on it by or under this Act. 28
(3) Schedule 1 has effect in relation to the members and procedure of the 29
[governing body]. 30
3 Size of [governing body] 31
(1) The [governing body] is to consist of a minimum of 11, and a maximum 32
of 22, members. 33
(2) The total number of members is to be determined from time to time by 34
a resolution passed by at least two-thirds of the members of the 35
[governing body] (the total number of members). 36
Page 6
Universities Governing Bodies Bill 2011
Standard governing body provisions Schedule 1
(3) The [governing body] is to include the following categories of 1
members: 2
(a) official members, 3
(b) elected members, 4
(c) [governing body] appointed members, 5
(d) Ministerially appointed members. 6
(4) Subject to subsection (6), the number of members (other than official 7
members) in each category is to be prescribed by rules made by the 8
[governing body] (in this Division called the constitution rules). 9
(5) A rule for the purposes of subsection (4) may be made only by a 10
resolution passed by at least two-thirds of the members of the 11
[governing body]. 12
(6) The majority of the total number of members must be external persons. 13
Note. Depending on the circumstances, the Chancellor may be counted as an 14
external person for the purposes of subsection (6). 15
(7) The number of members in any one category of members must not at 16
any time constitute a majority of the total number of members. 17
(8) The [governing body] must give the Minister written notice of the terms 18
of any resolution passed under this section within 7 days after it is 19
passed. 20
4 Qualifications and experience of members 21
(1) Of the members of the [governing body]: 22
(a) at least 2 must have financial expertise (as demonstrated by 23
relevant qualifications and by experience in financial 24
management at a senior level in the public or private sector), and 25
(b) at least one must have commercial expertise (as demonstrated by 26
relevant experience at a senior level in the public or private 27
sector). 28
(2) All appointed members must have expertise and experience relevant to 29
the functions exercisable by the [governing body] and an appreciation 30
of the object, values, functions and activities of the University. 31
5 Elected staff and student members 32
(1) The constitution rules are to prescribe the number of persons to 33
comprise the following categories of members: 34
(a) elected (academic staff) members, 35
(b) elected (non-academic [general] staff) members, 36
Page 7
Universities Governing Bodies Bill 2011
Schedule 1 Standard governing body provisions
(c) elected (student) members. 1
Note. There may also be elected (graduate) members if the constitution rules 2
so provide--see section 6. 3
(2) Of the members elected under this section: 4
(a) at least one must be a member of the academic staff of the 5
University elected by members of the academic staff, and 6
(b) at least one must be a member of the non-academic [general] 7
staff of the University elected by members of the non-academic 8
[general] staff, and 9
(c) at least one must be a student of the University who: 10
(i) is not employed on a full-time basis (or on such other basis 11
as the by-laws may prescribe) as a member of the academic 12
or non-academic [general] staff of the University, and 13
(ii) is elected by the students of the University. 14
(3) The members referred to in subsection (2) (a)(c) are: 15
(a) to have such qualifications as may be prescribed by the by-laws, 16
and 17
(b) to be elected in the manner prescribed by the by-laws. 18
6 Graduate members 19
(1) At least one member of the [governing body], or such greater number of 20
members as may be prescribed by the constitution rules, must be 21
external persons who are graduates of the University. 22
(2) The constitution rules may provide for the persons referred to in 23
subsection (1) to become members of the [governing body] in any one 24
or more (or combination) of the following ways: 25
(a) by election as elected (graduate) members in the manner 26
prescribed by the by-laws, 27
(b) by appointment by the [governing body] under section 7, 28
(c) by appointment by the Minister under section 8. 29
(3) A rule providing for the appointment of a member by the Minister under 30
section 8 may be made only with the approval of the Minister. 31
(4) The members referred to in subsection (1) are to have such 32
qualifications (if any) as may be prescribed by the by-laws. 33
7 [Governing body] appointed members 34
(1) The [governing body] may appoint as members of the [governing body] 35
such number of external persons as is prescribed by the constitution 36
rules for the category of [governing body] appointed members. 37
Page 8
Universities Governing Bodies Bill 2011
Standard governing body provisions Schedule 1
(2) The by-laws are to prescribe the procedures for the nomination of 1
persons for appointment under this section. 2
8 Ministerially appointed members 3
(1) The Minister may appoint as members of the [governing body] 4
2 external persons, or such greater number of external persons (not 5
exceeding 6) as is prescribed by the constitution rules for the category 6
of Ministerially appointed members. 7
(2) The Minister may not appoint a member of the Parliament of New South 8
Wales, the Parliament of the Commonwealth or another State or the 9
Legislative Assembly of a Territory as a Ministerially appointed 10
member. 11
(3) Without limiting the discretion of the Minister under subsection (1), the 12
[governing body] may suggest to the Minister persons who the 13
[governing body] considers would be appropriate for appointment by 14
the Minister. 15
9 Official members 16
The official members of the [governing body] are the following: 17
(a) the Chancellor, 18
(b) the Vice-Chancellor, 19
(c) the person for the time being holding the office of President of the 20
Academic Board [Academic Senate] (if the person is not the 21
Vice-Chancellor) or of Deputy President of the Academic Board 22
[Academic Senate] (if the President is the Vice-Chancellor). 23
10 Term of office 24
(1) Subject to this Act, a member of the [governing body] holds office as 25
follows: 26
(a) in the case of an official member, while the member holds the 27
office by virtue of which he or she is a member, 28
(b) in the case of a Ministerially appointed member or [governing 29
body] appointed member, for such term (not exceeding 4 years) 30
as may be specified in the member's instrument of appointment, 31
(c) in the case of an elected member other than an elected (graduate) 32
member, for such term (not exceeding 2 years) as may be 33
prescribed by the by-laws, 34
(d) in the case of an elected (graduate) member, for such term (not 35
exceeding 4 years) as may be prescribed by the by-laws. 36
Page 9
Universities Governing Bodies Bill 2011
Schedule 1 Standard governing body provisions
(2) The need to maintain an appropriate balance of experienced and new 1
members on the [governing body] must be taken into account: 2
(a) by the [governing body], when making the by-laws required 3
under this section, and 4
(b) by the Minister and the [governing body], when appointing 5
members to the [governing body]. 6
(3) A person must not be appointed or elected to serve more than 7
12 consecutive years of office (unless the [governing body] otherwise 8
resolves in relation to the person). 9
Division 2 Other officers and bodies 10
Page 10
Universities Governing Bodies Bill 2011
Savings, transitional and other provisions Schedule 2
Schedule 2 Savings, transitional and other 1
provisions 2
Part 1 General 3
1 Regulations 4
(1) The regulations may contain provisions of a savings or transitional 5
nature consequent on the enactment of the following Acts: 6
this Act 7
(2) Any such provision may, if the regulations so provide, take effect from 8
the date of assent to the Act concerned or a later date. 9
(3) If the regulations so provide, any provision referred to in subclause (1) 10
may have effect despite any specified provision of this Schedule or a 11
University Act or statutory rule made under such an Act. 12
(4) To the extent to which any such provision takes effect from a date that 13
is earlier than the date of its publication on the NSW legislation website, 14
the provision does not operate so as: 15
(a) to affect, in a manner prejudicial to any person (other than the 16
State or an authority of the State), the rights of that person 17
existing before the date of its publication, or 18
(b) to impose liabilities on any person (other than the State or an 19
authority of the State) in respect of anything done or omitted to 20
be done before the date of its publication. 21
Part 2 Provisions consequent on enactment of this 22
Act 23
2 Continuation of governing body 24
No amendment made to a University Act by the operation of this Act 25
affects the continuity of the governing body under the University Act. 26
Page 11
Universities Governing Bodies Bill 2011
Schedule 3 Amendment of Acts and by-laws
Schedule 3 Amendment of Acts and by-laws 1
3.1 Charles Sturt University Act 1989 No 76 2
[1] Section 10 Chancellor 3
Insert "or is removed from office" after "resigns" in section 10 (2). 4
[2] Section 11 Deputy Chancellor 5
Insert "or is removed from office" after "resigns" in section 11 (2). 6
[3] Section 11A 7
Insert after section 11: 8
11A Removal from office of Chancellor or Deputy Chancellor 9
(1) The Council may remove the Chancellor or Deputy Chancellor 10
from office by a no confidence motion passed in accordance 11
with this section if it considers it in the best interests of the 12
University to do so. 13
(2) The removal from office may be effected only if the no 14
confidence motion is supported by at least a two-thirds majority 15
of the total number of members for the time being of the Council 16
at two consecutive ordinary meetings of the Council. 17
(3) The Chancellor or Deputy Chancellor may be removed from 18
office under this section despite section 24G (6) and without the 19
need to establish any breach of duty. 20
(4) This section applies to the Chancellor and Deputy Chancellor 21
holding office on the commencement of this section and all 22
subsequent holders of those offices. 23
[4] Schedule 1 Provisions relating to members and procedure of the Council 24
Insert after clause 6: 25
6A Use of technology 26
(1) Without limiting clause 6, a meeting of the Council may be called 27
or held using any technology consented to by all the members of 28
the Council. 29
(2) The consent may be a standing one. 30
(3) A member may only withdraw his or her consent a reasonable 31
period before the meeting. 32
Page 12
Universities Governing Bodies Bill 2011
Amendment of Acts and by-laws Schedule 3
(4) If the members are not all in attendance at one place and are 1
holding a meeting using technology that permits each member to 2
communicate with other members: 3
(a) the members are, for the purpose of every provision of this 4
Act and by-laws concerning meetings of the Council, 5
taken to be assembled together at a meeting and to be 6
present at that meeting, and 7
(b) all proceedings of those members conducted in that 8
manner are as valid and effective as if conducted at a 9
meeting at which all of them were present. 10
[5] Schedule 1, clause 10 11
Insert after clause 9: 12
10 Remuneration 13
The Council may, but need not, provide from time to time for a 14
member of the Council to be paid such remuneration (if any) as 15
is determined by a resolution passed by at least two-thirds of the 16
members of the Council. 17
3.2 Macquarie University Act 1989 No 126 18
[1] Section 10 Chancellor 19
Insert "or is removed from office" after "resigns" in section 10 (2). 20
[2] Section 11 Deputy Chancellor 21
Insert "or is removed from office" after "resigns" in section 11 (2). 22
[3] Section 11A 23
Insert after section 11: 24
11A Removal from office of Chancellor or Deputy Chancellor 25
(1) The Council may remove the Chancellor or Deputy Chancellor 26
from office by a no confidence motion passed in accordance 27
with this section if it considers it in the best interests of the 28
University to do so. 29
(2) The removal from office may be effected only if the no 30
confidence motion is supported by at least a two-thirds majority 31
of the total number of members for the time being of the Council 32
at two consecutive ordinary meetings of the Council. 33
Page 13
Universities Governing Bodies Bill 2011
Schedule 3 Amendment of Acts and by-laws
(3) The Chancellor or Deputy Chancellor may be removed from 1
office under this section despite section 21G (6) and without the 2
need to establish any breach of duty. 3
(4) This section applies to the Chancellor and Deputy Chancellor 4
holding office on the commencement of this section and all 5
subsequent holders of those offices. 6
[4] Schedule 1 Provisions relating to members and procedure of the Council 7
Insert after clause 6: 8
6A Use of technology 9
(1) Without limiting clause 6, a meeting of the Council may be called 10
or held using any technology consented to by all the members of 11
the Council. 12
(2) The consent may be a standing one. 13
(3) A member may only withdraw his or her consent a reasonable 14
period before the meeting. 15
(4) If the members are not all in attendance at one place and are 16
holding a meeting using technology that permits each member to 17
communicate with other members: 18
(a) the members are, for the purpose of every provision of this 19
Act and by-laws concerning meetings of the Council, 20
taken to be assembled together at a meeting and to be 21
present at that meeting, and 22
(b) all proceedings of those members conducted in that 23
manner are as valid and effective as if conducted at a 24
meeting at which all of them were present. 25
[5] Schedule 1, clause 10 26
Insert after clause 9: 27
10 Remuneration 28
The Council may, but need not, provide from time to time for a 29
member of the Council to be paid such remuneration (if any) as 30
is determined by a resolution passed by at least two-thirds of the 31
members of the Council. 32
3.3 Southern Cross University Act 1993 No 69 33
[1] Section 11 Chancellor 34
Insert "or is removed from office" after "resigns" in section 11 (2). 35
Page 14
Universities Governing Bodies Bill 2011
Amendment of Acts and by-laws Schedule 3
[2] Section 12 Deputy Chancellor 1
Insert "or is removed from office" after "resigns" in section 12 (2). 2
[3] Section 12A 3
Insert after section 12: 4
12A Removal from office of Chancellor or Deputy Chancellor 5
(1) The Council may remove the Chancellor or Deputy Chancellor 6
from office by a no confidence motion passed in accordance 7
with this section if it considers it in the best interests of the 8
University to do so. 9
(2) The removal from office may be effected only if the no 10
confidence motion is supported by at least a two-thirds majority 11
of the total number of members for the time being of the Council 12
at two consecutive ordinary meetings of the Council. 13
(3) The Chancellor or Deputy Chancellor may be removed from 14
office under this section despite section 21G (6) and without the 15
need to establish any breach of duty. 16
(4) This section applies to the Chancellor and Deputy Chancellor 17
holding office on the commencement of this section and all 18
subsequent holders of those offices. 19
[4] Schedule 1 Provisions relating to members and procedure of the Council 20
Insert after clause 6: 21
6A Use of technology 22
(1) Without limiting clause 6, a meeting of the Council may be called 23
or held using any technology consented to by all the members of 24
the Council. 25
(2) The consent may be a standing one. 26
(3) A member may only withdraw his or her consent a reasonable 27
period before the meeting. 28
(4) If the members are not all in attendance at one place and are 29
holding a meeting using technology that permits each member to 30
communicate with other members: 31
(a) the members are, for the purpose of every provision of this 32
Act and by-laws concerning meetings of the Council, 33
taken to be assembled together at a meeting and to be 34
present at that meeting, and 35
Page 15
Universities Governing Bodies Bill 2011
Schedule 3 Amendment of Acts and by-laws
(b) all proceedings of those members conducted in that 1
manner are as valid and effective as if conducted at a 2
meeting at which all of them were present. 3
[5] Schedule 1, clause 10 4
Insert after clause 9: 5
10 Remuneration 6
The Council may, but need not, provide from time to time for a 7
member of the Council to be paid such remuneration (if any) as 8
is determined by a resolution passed by at least two-thirds of the 9
members of the Council. 10
3.4 Southern Cross University By-law 2005 11
Clause 7 Conditions for holding office as Chancellor and Deputy 12
Chancellor 13
Omit the clause. 14
3.5 University of New England Act 1993 No 68 15
[1] Section 10 Chancellor 16
Insert "or is removed from office" after "resigns" in section 10 (2). 17
[2] Section 11 Deputy Chancellor 18
Insert "or is removed from office" after "resigns" in section 11 (2). 19
[3] Section 11A 20
Insert after section 11: 21
11A Removal from office of Chancellor or Deputy Chancellor 22
(1) The Council may remove the Chancellor or Deputy Chancellor 23
from office by a no confidence motion passed in accordance 24
with this section if it considers it in the best interests of the 25
University to do so. 26
(2) The removal from office may be effected only if the no 27
confidence motion is supported by at least a two-thirds majority 28
of the total number of members for the time being of the Council 29
at two consecutive ordinary meetings of the Council. 30
(3) The Chancellor or Deputy Chancellor may be removed from 31
office under this section despite section 21G (6) and without the 32
need to establish any breach of duty. 33
Page 16
Universities Governing Bodies Bill 2011
Amendment of Acts and by-laws Schedule 3
(4) This section applies to the Chancellor and Deputy Chancellor 1
holding office on the commencement of this section and all 2
subsequent holders of those offices. 3
[4] Schedule 1 Provisions relating to members and procedure of the Council 4
Insert after clause 6: 5
6A Use of technology 6
(1) Without limiting clause 6, a meeting of the Council may be called 7
or held using any technology consented to by all the members of 8
the Council. 9
(2) The consent may be a standing one. 10
(3) A member may only withdraw his or her consent a reasonable 11
period before the meeting. 12
(4) If the members are not all in attendance at one place and are 13
holding a meeting using technology that permits each member to 14
communicate with other members: 15
(a) the members are, for the purpose of every provision of this 16
Act and by-laws concerning meetings of the Council, 17
taken to be assembled together at a meeting and to be 18
present at that meeting, and 19
(b) all proceedings of those members conducted in that 20
manner are as valid and effective as if conducted at a 21
meeting at which all of them were present. 22
[5] Schedule 1, clause 10 23
Insert after clause 9: 24
10 Remuneration 25
The Council may, but need not, provide from time to time for a 26
member of the Council to be paid such remuneration (if any) as 27
is determined by a resolution passed by at least two-thirds of the 28
members of the Council. 29
3.6 University of New South Wales Act 1989 No 125 30
[1] Section 10 Chancellor 31
Insert "or is removed from office" after "resigns" in section 10 (2). 32
[2] Section 11 Deputy Chancellor 33
Insert "or is removed from office" after "resigns" in section 11 (2). 34
Page 17
Universities Governing Bodies Bill 2011
Schedule 3 Amendment of Acts and by-laws
[3] Section 11A 1
Insert after section 11: 2
11A Removal from office of Chancellor or Deputy Chancellor 3
(1) The Council may remove the Chancellor or Deputy Chancellor 4
from office by a no confidence motion passed in accordance 5
with this section if it considers it in the best interests of the 6
University to do so. 7
(2) The removal from office may be effected only if the no 8
confidence motion is supported by at least a two-thirds majority 9
of the total number of members for the time being of the Council 10
at two consecutive ordinary meetings of the Council. 11
(3) The Chancellor or Deputy Chancellor may be removed from 12
office under this section despite section 20G (6) and without the 13
need to establish any breach of duty. 14
(4) This section applies to the Chancellor and Deputy Chancellor 15
holding office on the commencement of this section and all 16
subsequent holders of those offices. 17
[4] Schedule 1 Provisions relating to members and procedure of the Council 18
Insert after clause 6: 19
6A Use of technology 20
(1) Without limiting clause 6, a meeting of the Council may be called 21
or held using any technology consented to by all the members of 22
the Council. 23
(2) The consent may be a standing one. 24
(3) A member may only withdraw his or her consent a reasonable 25
period before the meeting. 26
(4) If the members are not all in attendance at one place and are 27
holding a meeting using technology that permits each member to 28
communicate with other members: 29
(a) the members are, for the purpose of every provision of this 30
Act and by-laws concerning meetings of the Council, 31
taken to be assembled together at a meeting and to be 32
present at that meeting, and 33
(b) all proceedings of those members conducted in that 34
manner are as valid and effective as if conducted at a 35
meeting at which all of them were present. 36
Page 18
Universities Governing Bodies Bill 2011
Amendment of Acts and by-laws Schedule 3
[5] Schedule 1, clause 10 1
Insert after clause 9: 2
10 Remuneration 3
The Council may, but need not, provide from time to time for a 4
member of the Council to be paid such remuneration (if any) as 5
is determined by a resolution passed by at least two-thirds of the 6
members of the Council. 7
3.7 University of Newcastle Act 1989 No 68 8
[1] Section 10 Chancellor 9
Insert "or is removed from office" after "resigns" in section 10 (2). 10
[2] Section 11 Deputy Chancellor 11
Insert "or is removed from office" after "resigns" in section 11 (2). 12
[3] Section 11A 13
Insert after section 11: 14
11A Removal from office of Chancellor or Deputy Chancellor 15
(1) The Council may remove the Chancellor or Deputy Chancellor 16
from office by a no confidence motion passed in accordance 17
with this section if it considers it in the best interests of the 18
University to do so. 19
(2) The removal from office may be effected only if the no 20
confidence motion is supported by at least a two-thirds majority 21
of the total number of members for the time being of the Council 22
at two consecutive ordinary meetings of the Council. 23
(3) The Chancellor or Deputy Chancellor may be removed from 24
office under this section despite section 21G (6) and without the 25
need to establish any breach of duty. 26
(4) This section applies to the Chancellor and Deputy Chancellor 27
holding office on the commencement of this section and all 28
subsequent holders of those offices. 29
Page 19
Universities Governing Bodies Bill 2011
Schedule 3 Amendment of Acts and by-laws
[4] Schedule 1 Provisions relating to members and procedure of the Council 1
Insert after clause 6: 2
6A Use of technology 3
(1) Without limiting clause 6, a meeting of the Council may be called 4
or held using any technology consented to by all the members of 5
the Council. 6
(2) The consent may be a standing one. 7
(3) A member may only withdraw his or her consent a reasonable 8
period before the meeting. 9
(4) If the members are not all in attendance at one place and are 10
holding a meeting using technology that permits each member to 11
communicate with other members: 12
(a) the members are, for the purpose of every provision of this 13
Act and by-laws concerning meetings of the Council, 14
taken to be assembled together at a meeting and to be 15
present at that meeting, and 16
(b) all proceedings of those members conducted in that 17
manner are as valid and effective as if conducted at a 18
meeting at which all of them were present. 19
[5] Schedule 1, clause 10 20
Insert after clause 9: 21
10 Remuneration 22
The Council may, but need not, provide from time to time for a 23
member of the Council to be paid such remuneration (if any) as 24
is determined by a resolution passed by at least two-thirds of the 25
members of the Council. 26
3.8 University of Sydney Act 1989 No 124 27
[1] Section 10 Chancellor 28
Insert "or is removed from office" after "resigns" in section 10 (2). 29
[2] Section 11 Deputy Chancellor 30
Insert "or is removed from office" after "resigns" in section 11 (2). 31
Page 20
Universities Governing Bodies Bill 2011
Amendment of Acts and by-laws Schedule 3
[3] Section 11A 1
Insert after section 11: 2
11A Removal from office of Chancellor or Deputy Chancellor 3
(1) The Senate may remove the Chancellor or Deputy Chancellor 4
from office by a no confidence motion passed in accordance 5
with this section if it considers it in the best interests of the 6
University to do so. 7
(2) The removal from office may be effected only if the no 8
confidence motion is supported by at least a two-thirds majority 9
of the total number of Fellows for the time being of the Senate at 10
two consecutive ordinary meetings of the Senate. 11
(3) The Chancellor or Deputy Chancellor may be removed from 12
office under this section despite section 26G (6) and without the 13
need to establish any breach of duty. 14
(4) This section applies to the Chancellor and Deputy Chancellor 15
holding office on the commencement of this section and all 16
subsequent holders of those offices. 17
[4] Schedule 1 Provisions relating to Fellows and to the procedure of the 18
Senate 19
Insert after clause 6: 20
6A Use of technology 21
(1) Without limiting clause 6, a meeting of the Senate may be called 22
or held using any technology consented to by all the Fellows of 23
the Senate. 24
(2) The consent may be a standing one. 25
(3) A Fellow may only withdraw his or her consent a reasonable 26
period before the meeting. 27
(4) If the Fellows are not all in attendance at one place and are 28
holding a meeting using technology that permits each Fellow to 29
communicate with other Fellows: 30
(a) the Fellows are, for the purpose of every provision of this 31
Act and by-laws concerning meetings of the Senate, taken 32
to be assembled together at a meeting and to be present at 33
that meeting, and 34
(b) all proceedings of those Fellows conducted in that manner 35
are as valid and effective as if conducted at a meeting at 36
which all of them were present. 37
Page 21
Universities Governing Bodies Bill 2011
Schedule 3 Amendment of Acts and by-laws
[5] Schedule 1, clause 10 1
Insert after clause 9: 2
10 Remuneration 3
The Senate may, but need not, provide from time to time for a 4
Fellow of the Senate to be paid such remuneration (if any) as is 5
determined by a resolution passed by at least two-thirds of the 6
Fellows of the Senate. 7
3.9 University of Sydney By-law 1999 8
[1] Clause 9 Term of office and election procedure 9
Omit clause 9 (2A) and (2B). 10
[2] Clause 11 Term of office and election procedure 11
Omit clause 11 (2A) and (2B). 12
3.10 University of Technology, Sydney, Act 1989 No 69 13
[1] Section 10 Chancellor 14
Insert "or is removed from office" after "resigns" in section 10 (2). 15
[2] Section 11 Deputy Chancellor 16
Insert "or is removed from office" after "resigns" in section 11 (2). 17
[3] Section 11A 18
Insert after section 11: 19
11A Removal from office of Chancellor or Deputy Chancellor 20
(1) The Council may remove the Chancellor or Deputy Chancellor 21
from office by a no confidence motion passed in accordance 22
with this section if it considers it in the best interests of the 23
University to do so. 24
(2) The removal from office may be effected only if the no 25
confidence motion is supported by at least a two-thirds majority 26
of the total number of members for the time being of the Council 27
at two consecutive ordinary meetings of the Council. 28
(3) The Chancellor or Deputy Chancellor may be removed from 29
office under this section despite section 21G (6) and without the 30
need to establish any breach of duty. 31
Page 22
Universities Governing Bodies Bill 2011
Amendment of Acts and by-laws Schedule 3
(4) This section applies to the Chancellor and Deputy Chancellor 1
holding office on the commencement of this section and all 2
subsequent holders of those offices. 3
[4] Schedule 1 Provisions relating to members and procedure of the Council 4
Insert after clause 6: 5
6A Use of technology 6
(1) Without limiting clause 6, a meeting of the Council may be called 7
or held using any technology consented to by all the members of 8
the Council. 9
(2) The consent may be a standing one. 10
(3) A member may only withdraw his or her consent a reasonable 11
period before the meeting. 12
(4) If the members are not all in attendance at one place and are 13
holding a meeting using technology that permits each member to 14
communicate with other members: 15
(a) the members are, for the purpose of every provision of this 16
Act and by-laws concerning meetings of the Council, 17
taken to be assembled together at a meeting and to be 18
present at that meeting, and 19
(b) all proceedings of those members conducted in that 20
manner are as valid and effective as if conducted at a 21
meeting at which all of them were present. 22
[5] Schedule 1, clause 10 23
Insert after clause 9: 24
10 Remuneration 25
The Council may, but need not, provide from time to time for a 26
member of the Council to be paid such remuneration (if any) as 27
is determined by a resolution passed by at least two-thirds of the 28
members of the Council. 29
3.11 University of Western Sydney Act 1997 No 116 30
[1] Section 13 Chancellor 31
Insert "or is removed from office" after "resigns" in section 13 (2). 32
[2] Section 14 Deputy Chancellors 33
Insert "or is removed from office" after "resigns" in section 14 (2). 34
Page 23
Universities Governing Bodies Bill 2011
Schedule 3 Amendment of Acts and by-laws
[3] Section 14A 1
Insert after section 14: 2
14A Removal from office of Chancellor or Deputy Chancellor 3
(1) The Board may remove the Chancellor or a Deputy Chancellor 4
from office by a no confidence motion passed in accordance 5
with this section if it considers it in the best interests of the 6
University to do so. 7
(2) The removal from office may be effected only if the no 8
confidence motion is supported by at least a two-thirds majority 9
of the total number of members for the time being of the Board at 10
two consecutive ordinary meetings of the Board. 11
(3) The Chancellor or Deputy Chancellor may be removed from 12
office under this section despite section 32G (6) and without the 13
need to establish any breach of duty. 14
(4) This section applies to the Chancellor and each Deputy 15
Chancellor holding office on the commencement of this section 16
and all subsequent holders of those offices. 17
[4] Schedule 1 Provisions relating to members and procedure of Board 18
Insert after clause 6: 19
6A Use of technology 20
(1) Without limiting clause 6, a meeting of the Board may be called 21
or held using any technology consented to by all the members of 22
the Board. 23
(2) The consent may be a standing one. 24
(3) A member may only withdraw his or her consent a reasonable 25
period before the meeting. 26
(4) If the members are not all in attendance at one place and are 27
holding a meeting using technology that permits each member to 28
communicate with other members: 29
(a) the members are, for the purpose of every provision of this 30
Act and by-laws concerning meetings of the Board, taken 31
to be assembled together at a meeting and to be present at 32
that meeting, and 33
(b) all proceedings of those members conducted in that 34
manner are as valid and effective as if conducted at a 35
meeting at which all of them were present. 36
Page 24
Universities Governing Bodies Bill 2011
Amendment of Acts and by-laws Schedule 3
[5] Schedule 1, clause 11 1
Insert after clause 10: 2
11 Remuneration 3
The Board may, but need not, provide from time to time for a 4
member of the Board to be paid such remuneration (if any) as is 5
determined by a resolution passed by at least two-thirds of the 6
members of the Board. 7
3.12 University of Wollongong Act 1989 No 127 8
[1] Section 10 Chancellor 9
Insert "or is removed from office" after "resigns" in section 10 (2). 10
[2] Section 11 Deputy Chancellor 11
Insert "or is removed from office" after "resigns" in section 11 (2). 12
[3] Section 11A 13
Insert after section 11: 14
11A Removal from office of Chancellor or Deputy Chancellor 15
(1) The Council may remove the Chancellor or Deputy Chancellor 16
from office by a no confidence motion passed in accordance 17
with this section if it considers it in the best interests of the 18
University to do so. 19
(2) The removal from office may be effected only if the no 20
confidence motion is supported by at least a two-thirds majority 21
of the total number of members for the time being of the Council 22
at two consecutive ordinary meetings of the Council. 23
(3) The Chancellor or Deputy Chancellor may be removed from 24
office under this section despite section 21G (6) and without the 25
need to establish any breach of duty. 26
(4) This section applies to the Chancellor and Deputy Chancellor 27
holding office on the commencement of this section and all 28
subsequent holders of those offices. 29
Page 25
Universities Governing Bodies Bill 2011
Schedule 3 Amendment of Acts and by-laws
[4] Schedule 1 Provisions relating to members and procedure of the Council 1
Insert after clause 6: 2
6A Use of technology 3
(1) Without limiting clause 6, a meeting of the Council may be called 4
or held using any technology consented to by all the members of 5
the Council. 6
(2) The consent may be a standing one. 7
(3) A member may only withdraw his or her consent a reasonable 8
period before the meeting. 9
(4) If the members are not all in attendance at one place and are 10
holding a meeting using technology that permits each member to 11
communicate with other members: 12
(a) the members are, for the purpose of every provision of this 13
Act and by-laws concerning meetings of the Council, 14
taken to be assembled together at a meeting and to be 15
present at that meeting, and 16
(b) all proceedings of those members conducted in that 17
manner are as valid and effective as if conducted at a 18
meeting at which all of them were present. 19
[5] Schedule 1, clause 10 20
Insert after clause 9: 21
10 Remuneration 22
The Council may, but need not, provide from time to time for a 23
member of the Council to be paid such remuneration (if any) as 24
is determined by a resolution passed by at least two-thirds of the 25
members of the Council. 26
Page 26
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