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Bill 1997
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
(a) to reduce the size of the Council of the Women's College from 18
members to a maximum of 15,
(b) to increase the size of the quorum for a meeting of that Council from 5
to 7 members,
(c) to provide for a Treasurer of the Council,
(d) to exempt members of the Council and persons acting under the
direction of the Council from personal liability in respect of acts and
omissions done or omitted to be done in good faith for the purposes of
executing the Act,
(e)
to repeal the provisions relating to the appointment, powers,
suspension and removal of the Principal and
of the
College, and to allow the positions of Principal and Vice-Principal to
be regulated by the by-laws and by the general law relating to
employment.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the
Women's College Act 1902 set out in Schedule 1.
Schedule 1 [ 1 ] inserts a definition of Treasurer of the Council of the
Women's College for the purposes of the Act.
Schedule 1 [2] repeals section 5 (Constitution of Council) and inserts a
proposed new section 5 and proposed section 5A in the Act.
Under section 5 at present, the Council of the Women's College (the Council)
consists of 18 councillors--12 elected councillors, 5 ex-officio councillors
(the Principal and Vice-Principal of the College, the President of the
Women's College Union and 2 members of the Senate of the University
nominated by the Senate) and a College resident (a student) appointed by the
Principal.
The Council constituted by the proposed new section 5 will consist of 10
elected councillors, 4 ex-officio councillors (the Principal of the College, the
Senior Student of the College, the President of the Women's College Union
and one member of the Senate of the University nominated by the Senate)
and the person appointed as Treasurer of the Council (if that
is not
already a member of the Council).
Proposed section 5A enables the Council to appoint a councillor as
Treasurer of the Council. If the Council is not able to appoint a councillor as
Treasurer, the Council is to appoint another suitable person. However, a
person is not to be appointed as Treasurer unless the person consents to the
appointment. The Treasurer is taken to be a member of the Council (if not
otherwise a member) while he or she holds the office of Treasurer.
The Treasurer is to be appointed for a term not exceeding one year, may be
reappointed from time to time, may resign from office and may be removed
from office (subject to the by-laws) by the Council.
Schedule [3][5] make amendments consequential on the replacement of
section 5.
Explanatory note page 2
Schedule 1 [6] increases the size of the quorum for meetings of the Council
from 5 members to 7.
Schedule 1 [7] inserts proposed section 11 A, which exempts members of the
Council and persons acting under the direction of the Council from personal
liability in respect of acts and omissions done or omitted to be done in good
faith for the purposes of executing the Act.
Schedule 1 [ 8 ] repeals section 13, which provides for the appointment,
powers, suspension and removal of the Principal of the College.
Schedule 1 [9] repeals section 13A which provides for the appointment,
powers, suspension and removal of the Vice-Principal of the College.
Schedule 1 [10] repeals section 13B (Appeals to Visitor) in consequence of
the proposed repeal of sections 13 and 13A.
Schedule 1 [11] amends section 16 (By-laws) to make it clear that the
Council may make by-laws with respect to the Principal, Vice-Principal and
Senior Student of the College and the union of members and friends of the
College (currently known as the Women's College Union).
Schedule 1 [12] inserts a Schedule of savings and transitional provisions and
a section (proposed section 17) giving effect to the Schedule. The provisions
of the Schedule ensure the continuity of the Council, allow the persons (other
than the Vice-Principal of the College) who are councillors on the
commencement of the amendment reducing the size of the Council to
complete their term of office, and provide for the phasing-in of the smaller
council over 2 elections. However, the first and second casual vacancies (if
any) in the office of an elective councillor will not be filled during the
transitional period.
Explanatory note page 3