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UNIVERSITY LEGISLATION (AMENDMENT) BILL 1994
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The object of this Bill is to amend the Acts relating to the universities listed below:
(a) to limit the role of the office of Visitor of those universities to ceremonial
functions only by abolishing the functions of the office of Visitor relating to the
resolution of disputes and other matters concerning the affairs of those
universities; and
(b) to clarify the powers of the governing bodies of those universities to make
rules; and
(c) to remove certain restrictions relating to the leasing of property of those
universities.
The universities concerned are:
Charles Sturt University
Macquarie University
Southern Cross University
University of New England
University of New South Wales
University of Newcastle
University of Sydney
University of Technology, Sydney
University of Western Sydney
University of Wollongong
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of the proposed Act.
Clause 3 gives effect to Schedule 1 which contains the amendments to the
University Acts listed above.
Visitors
The Visitor is a traditional office in a university with ceremonial and dispute
resolution functions.
The Visitor of a university has power to resolve disputes which are internal to the
university (such as disputes relating to the disciplining of students or the promotion or
dismissal of staff).
The provisions in each university Act stating that the Governor is to be the Visitor for
the university are to be amended to abolish the functions and jurisdiction of the Visitor,
except ceremonial functions. However, the Visitor will be able to complete matters that
are being dealt with when the amendments commence.
Leasing powers of universities
Currently each university must obtain the approval of the Minister to lease its
property unless the term of the lease does not exceed 21 years and the highest rent that
can reasonably be obtained is reserved for the whole of that term. The amendments will
change the existing provisions so that the Minister's approval must be obtained to a
lease of university property unless the term of the lease does not exceed 21 years and
the governing body of the University is satisfied that it is to the benefit of the university,
whether from a financial or educational standpoint or otherwise, that the lease be entered
into.
By-laws, rules and orders
The amendments substitute the provisions of the university Acts relating to the
making of rules so as to make it clear that the by-laws may authorise the making of
rules with respect to matters for which by-laws may be made (except with respect to
matters such as the constitution of, and the election of members to, the governing bodies
of the universities, the office of Chancellor and Deputy Chancellor and to the making,
publication and inspection of rules).
The Bill makes other minor and consequential amendments concerning the by-law
and rule making powers.
The University of Western Sydney Act 1988 provides for the making of orders as
well as rules. The amendments remove the provisions for the making of orders and
provide for existing orders to continue in force as rules.