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Bill 1998
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
* Amended in committee--see table at end of volume.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation (other than clause 35 of Schedule l
[29] which is to commence on the date of assent to the proposed Act).
Clause 3 is a formal provision giving effect to the amendments to the
Charles Sturt University Act 1989 set out in Schedule 1.
Reconstitution of Board as a Council
Schedule 1 [12] replaces section 9 of the Principal Act. This amendment will
reconstitute the Board of Governors as a Council. The principal categories of
membership of the Council will remain the same as those of the Board (that
is. parliamentarry members, elected members, official members and members
appointed by the Minister). However, there are a number of minor changes to
the composition of the Council, including:
(a) the elected student member of the Board is to be replaced by 2 elected
student members of the Council, and
(b) the 4 members of the Board appointed by the Minister on the
nomination of the University of New South Wales Council are to be
replaced by 3 members of the Council appointed by the Minister on the
nomination of the Charles Sturt University Council, who must be
graduates of the University but must not be students or staff of the
University eligible for election to the Council in accordance with
proposed section 9 ( 6 ) , or have been members of staff of the University
who were eligible for election under section 9 (6) within the preceding
5 years, and
( c ) one member of staff responsible for the administration of a major
campus, nominated by the Council. is to be an appointed member of
the Council instead of all chief executive officers of the network
members being official members of the Board.
Schedule l [l], [2], [3], [4], [11], [19] and [23][25] make consequential
amendments following the reconstitution of the Board as a Council.
Explanatory note page 2
Composition of University
Schedule 1 [6] replaces section 6 of the Principal Act. This amendment
removes a provision that states that the University is a federation of network
members. Proposed section 6 states that the University is to have campuses at
AIbury, Bathurst, Dubbo and Wagga Wagga and may have campuses at other
locations. Schedule 1 [16] omits section 13 which provided for chief
executive officers for network members. Schedule 1 [18] removes the
requirement that the University establish an advisory council for each
network member but the Council will be required to establish an advisory
committee for each major campus. Schedule 1 [17] makes a consequential
amendment.
Functions of University and Council
Schedule 1 [7] amends section 7 (1) (a) of the Principal Act to broaden the
functions of the University in relation to the provision of educational
facilities so that account may be taken of regional, national and international
markets for educational services. while still retaining a focus on the needs
and aspirations of the residents of western and south-westem New South
Wales. Schedule 1 [9] makes a similar amendment to section 7 ( l ) (d) in
relation to the development of consultancy and entrepreneurial activities.
Schedule 1 [8] makes a consequential amendment. Schedule 1 [20] replaces
section 18 of the Principal Act with a simplified statement of the Council's
functions that is consistent with corresponding provisions in other Acts
relating to universities in New South Wales.
Other amendments
Schedule 1 [5] is an amendment by way of statute law revision. Schedule l
[10] removes a provision that requires the University to collaborate with the
University of New South Wales in the development of academic programs to
be offered by the University. Schedule 1 [13][15] amend sections 10. 11 and
12 to omit spent provisions. Schedule 1 [21] replaces the term
"non-academic staff" with "general staff" in section 3 1 (1) (k) so that the
reference will be consistent with the terminology in proposed section 9 and
the definition that has been inserted by Schedule 1 [3]. Schedule 1 [22] and
[26] omit section 34 of, and Schedule 3 to, the Principal Act which are now
spent. Schedule 1 [27] and [29] insert a number of savings and transitional
provisions into Schedule 4 to the Principal Act. Schedule 1 [28] removes a
number of savings and transitional provisions, the operation of which is
spent, from Schedule 4 to the Principal Act.
Explanatory note page 3