New South Wales Bills Explanatory Notes

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SAINT ANDREW'S COLLEGE BILL 1998

Explanatory note

This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

(a) to constitute the Council of Saint Andrew's College as a corporation
and specify its functions,
(b) to specify the main objects of the College and provide for certain
matters concerning its administration,
(c) to specify the office holders of the Council and their functions,
(d) to enact savings and transitional provisions (including provisions that
provide for the transfer of assets, rights and liabilities of the former
Council to the newly constituted Council),
(e) to repeal the Saint Andrew's College Incorporation Act 1867 (which
constitutes the present governing body of the College).

Outline of provisions

Clause 2 provides that the proposed Act will commence on a day or days to
be proclaimed.

Clause 3 defines certain words and expressions used in the proposed Act.

These include the term approved church which is defined as the Presbyterian
Church of Australia, the Anglican Church of Australia and any Protestant
church that is part of the World Alliance of Reformed Churches.

Clause 4 sets out the main objects of Saint Andrew's College. These include
providing students of the University of Sydney with residential
accommodation, educational and academic assistance and the opportunity to
receive religious instruction in line with the principles of any approved
church.

Part 2

Council of Saint Andrew's College

Clause 5 constitutes the Council of Saint Andrew's College as a
corporation.

Clause 6 provides for the membership of the Council. The Council will
consist of 13 members (being 12 elected members and the Principal), each of
whom must be a member of an approved church. Provision is also made for
certain matters concerning Council procedure.

Clause 7 specifies the functions of the Council. These include controlling
and directing the affairs of the College, employing staff, determining fees and
charges payable by College residents in connection with the College,
determining the basis on which a person is considered to be a member of an
approved church for the purposes of the proposed Act and determining the
educational and academic assistance to be provided by the College. The
Council may also suspend or remove any member of staff from office, or any
resident from residency, for such reasons as it thinks fit.

Clause 8 empowers the Council to accept gifts, bequests and devises.

Clause 9 requires the Council to obtain the Minister's written approval
before dealing with Crown land transferred to it or otherwise under its control
or management.

Clause 10 allows the Council to delegate its functions to certain persons and
bodies.

Explanatory note page 2

Part 3 College office holders
Clause 11 provides for the office of Principal of the College. The Principal
is responsible for the day to day administration of the College, including the
general supervision and control of student residents.

Clause 12 provides for the Council to appoint a College Chaplain if the
Principal is not an ordained minister of an approved church.

Clause 13 provides for the office of Vice-Principal.

Clause 14 provides for the Chancellor of the University of Sydney to be
Visitor of the College. The Visitor's functions are limited to monitoring and
reporting on the conduct of the College and performing ceremonial functions.

Part 4

Administrative provisions

Clause 15 provides that any student of the University of Sydney is eligible
for residency at the College, as is any other person within a class prescribed
by the by-laws.

Clause 16 protects any member of the Council, and other persons acting
under the direction of the Council, from personal liability for acts done in
good faith for the purpose of executing the proposed Act or by-laws. The
proposed section also provides that the Council may indemnify a member of
the Council for costs, expenses or liabilities.

Clause 17 enables the Council to make by-laws relating to student and staff
membership, residency, College associations, student facilities and
instruction, scholarships and bursaries, appointment of staff, election and
tenure of members, functions of the Council, procedure and conduct of
Council meetings, functions of the Secretary of the Council and such other
matters it determines are relevant to the proper conduct of the College.

Part 5

Miscellaneous provisions

Clause 18 repeals the Saint Andrew's College Incorporation Act 1867 under
which the present body governing the College (known as the Principal and
Councillors of Saint Andrew's College) is incorporated.

Clause 19 makes minor consequential amendments to the Uniting Church in
Australia Act 1977.

Clause 20 is a formal provision giving effect to Schedule 1.

Explanatory note page 3

Schedule 1

Savings and transitional provisions

Schedule 1 provides for the dissolution of the body presently governing the
College and for the transfer of assets, rights and liabilities of that body to the
Council constituted under the proposed Act. The Schedule also provides for
savings and transitional provisions concerning the continuation of office of
existing Councillors and the continuation of existing by-laws.

Explanatory note page 4

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