New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 35)
(1) The Governor may make regulations containing provisions of a savings or transitional nature consequent on the enactment of the following Acts:Charles Sturt University Act 1989Charles Sturt University Amendment Act 1998University Legislation Amendment Act 2004
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(1) In this Part:
"former institution" means:(a) the Mitchell CAE,(b) the Riverina-Murray Institute (Murray Campus), or(c) the Riverina-Murray Institute (Riverina Campus)."governing body", in relation to a former institution, means the governing body of:(a) the Mitchell CAE, or(b) the Riverina-Murray Institute,as the case requires.
"Mitchell CAE" means the Mitchell College of Advanced Education established under the Colleges of Advanced Education Act 1975 .
"relevant commencement" means:(a) in relation to the Mitchell CAE-the commencement of clause 3,(b) in relation to the Riverina-Murray Institute (Murray campus)-the commencement of clause 5, or(c) in relation to the Riverina-Murray Institute (Riverina campus)-the commencement of clause 6."Riverina-Murray Institute" means the Riverina-Murray Institute of Higher Education established under the Colleges of Advanced Education Act 1975 .
"Riverina-Murray Institute (Murray campus)" means such part of the Riverina-Murray Institute as is situated in Albury.
"Riverina-Murray Institute (Riverina campus)" means such part of the Riverina-Murray Institute as is situated in Wagga Wagga.
(2) In this Part, a reference to a former institution includes, where the former institution forms part of the Riverina-Murray Institute, a reference to that Institute.
(1) The Mitchell CAE is abolished and its Council is dissolved.
(2) The property of the Mitchell CAE is vested in the University (subject to any trusts or conditions subject to which it was held immediately before the commencement of this clause) to be applied by the University for the purposes of the University.
(3) The University has the control and management of land that was under the control and management of the Mitchell CAE immediately before the commencement of this clause.
(4) The Mitchell College of Advanced Education By-laws:(a) continue in force (in respect of the Charles Sturt University, Mitchell) as if they had been made by the Board as by-laws under this Act, and(b) may be amended and revoked accordingly.
The Riverina-Murray Institute is abolished and its Council is dissolved.
(1) The property of the Riverina-Murray Institute that relates to the Riverina-Murray Institute (Murray campus) is vested in the University (subject to any trusts or conditions subject to which it was held immediately before the commencement of this clause) to be applied by the University for the purposes of the University.
(2) The University has the control and management of land that was under the control and management of the Riverina-Murray Institute in relation to the Riverina-Murray Institute (Murray campus) immediately before the commencement of this clause.
(3) The Riverina College of Advanced Education By-law 1978 :(a) continues in force (in respect of the Charles Sturt University, Murray) as if it had been made by the Board as a By-law under this Act, and(b) may be amended and revoked accordingly.
(1) The property of the Riverina-Murray Institute that relates to the Riverina-Murray Institute (Riverina campus) is vested in the University (subject to any trusts or conditions subject to which it was held immediately before the commencement of this clause) to be applied by the University for the purposes of the University.
(2) The University has the control and management of land that was under the control and management of the Riverina-Murray Institute in relation to the Riverina-Murray Institute (Riverina campus) immediately before the commencement of this clause.
(3) The Riverina College of Advanced Education By-law 1978 :(a) continues in force (in respect of the Charles Sturt University, Riverina) as if it had been made by the Board as a by-law under this Act, and(b) may be amended and revoked accordingly.
The following Regulations are repealed:
The Riverina College of Advanced Education Regulation 1981 ,
The Riverina College of Advanced Education (Amalgamation) Regulation 1981 ,
The Riverina-Murray Institute of Higher Education (Murray Campus Board of Management) Regulation 1988 .
In this Division:
"officer", in relation to a former institution, means a person who,
immediately before the relevant commencement, held any salaried office or
employment in the staff establishment of that institution otherwise than as a
temporary staff member or a staff member employed on a fixed term contract.
"superannuation scheme" means a scheme, fund or arrangement under which any
superannuation or retirement benefits are provided and which is established by
or under an Act.
"temporary staff member", in relation to a former institution, means a person
who, immediately before the relevant commencement, was employed in the staff
establishment of that institution on terms and conditions that allowed for his
or her services to be dispensed with at any time.
(1) Each officer of a former institution shall, on the relevant commencement, become an officer of the University.
(2) Except as provided by this Division or the regulations, the terms and conditions on which an officer of a former institution becomes an officer of the University shall be the same as those on which he or she was an officer of the former institution.
(1) An officer of a former institution who, pursuant to this Division, becomes an officer of the University shall become such an officer on the same terms and conditions as to remuneration, and duration of appointment, as those on which he or she was employed at the former institution immediately before the relevant commencement.
(2) Such part of the remuneration referred to in subclause (1) as is salary or wages is subject to any adjustment necessary to give effect to any fluctuation in the applicable basic wage in force under Part 5 of the Industrial Arbitration Act 1940 until the salary is, or the wages are, lawfully varied.
(1) An officer of a former institution who, pursuant to this Division, becomes an officer of the University:(a) may continue to contribute to any superannuation scheme to which the person was a contributor immediately before becoming an officer of the University, and(b) is entitled to receive any payment, pension or gratuity accrued or accruing to the person under any such scheme,as if he or she had continued to be such a contributor during his or her service as an officer of the University.
(2) Service by an officer of a former institution as an officer of the University shall be taken to be service as an officer of the former institution for the purposes of any law under which the officer continues to contribute to any such scheme or by which an entitlement under any such scheme is conferred.
(3) An officer of a former institution who, pursuant to this Division, becomes an officer of the University shall be regarded as an officer or employee, and the University shall be regarded as the employer, for the purposes of the superannuation scheme to which he or she is entitled to contribute under this clause.
(4) If a person would, but for this subclause, be entitled under subclause (1) to contribute to a superannuation scheme or to receive any payment, pension or gratuity under any such scheme:(a) the person is not so entitled on the person’s becoming a contributor to any other superannuation scheme, and(b) the provisions of subclause (3) cease to apply to or in respect of the person and the University where the person becomes a contributor to any such other superannuation scheme.
(5) Subclause (4) does not prevent the payment to an officer of a former institution, on the officer’s ceasing to be a contributor to a superannuation scheme, of such amount as would have been payable to the officer if the officer had ceased, by reason of resignation, to be such a contributor.
(1) An officer of a former institution who, pursuant to this Division, becomes an officer of the University retains any rights to:(a) annual leave,(b) leave in the nature of long service leave, and(c) sick leave,accrued or accruing to the person as an officer of the former institution.
(2) A person’s entitlement to any such leave shall be calculated:(a) for such part of any period during which that leave accrued or was accruing as occurred before the relevant commencement-at the rate for the time being applicable to the officer, as an officer of the former institution, before that commencement, and(b) for such part of that period as occurred after the relevant commencement-at the rate for the time being applicable to the officer, as an officer of the University, after that commencement.
An officer of a former institution who, pursuant to this Division, becomes an officer of the University is not entitled to claim, both under this Act and any other Act, dual benefits of the same kind in respect of the same period of service.
(1) Each temporary staff member of a former institution shall, on the relevant commencement, become a temporary staff member of the University.
(2) A temporary staff member of a former institution who, pursuant to this clause, becomes a temporary staff member of the University shall become such a staff member on the same terms and conditions (including conditions as to remuneration) as those on which he or she was employed at the former institution immediately before the relevant commencement.
(3) Such part of the remuneration referred to in subclause (2) as is salary or wages is subject to any adjustment necessary to give effect to any fluctuation in the applicable basic wage in force under Part 5 of the Industrial Arbitration Act 1940 until the salary is, or the wages are, lawfully varied.
A fixed term contract in force, immediately before the relevant commencement, between a person and a former institution (being a contract under which the person performed services for that institution):
(a) shall be taken, for the remainder of its term, to be a contract in the same terms, between the person and the University, under which the University assumes the rights and obligations of the former institution, and
(b) may be arbitrated, terminated or renewed in any manner provided by the contract.
Nothing in this Division affects the operation of the Industrial Arbitration Act 1940 .
Subject to this Act, on and from the relevant commencement, any assets, rights, liabilities or obligations of a former institution become assets, rights, liabilities or obligations of the University.
(1) Any question arising in connection with the operation of this Part:(a) as to which institution any particular item of property belongs or relates to,(b) as to which land is under the control and management of any particular institution,(c) as to which institution any assets, rights, liabilities or obligations belong or relate to, or(d) as to which institution the employment of any staff pertains to,shall be determined by the Minister.
(2) A certificate by the Minister as to a determination under this clause is, for any purpose, evidence of the matters contained in the certificate.
(1) Each person who was, immediately before the relevant commencement, a student of a former institution enrolled in a course of study shall on that commencement (unless the student was a graduand in that course) become a student of the University and be enrolled in a course of study that is substantially the same as the course of study in which the student was enrolled at the former institution.
(2) The University shall (for such period as is necessary for the purposes of this clause and, in any case, until the end of the academic year next following the relevant commencement) provide such courses of study as are necessary for the purposes of this clause.
(3) If a student is enrolled in a course of study pursuant to this clause, the University shall, as far as it may practicably do so, give the student credit in that course for any subject or work completed by the student in the course of study from which the student was transferred.
(4) Students so enrolled are entitled, on satisfactory completion of their courses, to appropriate awards conferred by the University but may, if they so desire, instead obtain awards conferred in the name of the former institution at which they were previously enrolled.
(5) For the purposes of subclause (4), the seal of a former institution may be affixed to any document pursuant to a resolution of the Board.
(6) The seal of a former institution shall, on and from the relevant commencement, be kept in the custody of the Vice-Chancellor.
Any instrument that is executed for the purposes of disposing of, or otherwise dealing with, property in accordance with this Part is exempt:
(a) from payment of stamp duty under the Stamp Duties Act 1920 , and
(b) from payment of any other fee or charge that would otherwise be payable under any other Act in respect of the registration of any such instrument.
The transfer, by this Part, of the control and management of any property from a former institution to the University does not affect any power of the person or body by whom the control and management of that property has been conferred, or of any lawful successor of that person or body:
(a) to remove the control and management of that property from the University, or
(b) to vary the conditions subject to which the control and management of that property may be exercised by the University,that could have been exercised by that person or body, or by that lawful successor, in respect of the former institution had this Act not been enacted.
Nothing in this Part affects the validity of any investment made by or on behalf of a former institution before the relevant commencement.
In any other Act or in any statutory instrument (including any industrial award or industrial agreement) or other document, a reference to a former institution shall, on and from the relevant commencement, be read as a reference to the University.
(1) The Board constituted under this Division shall:(a) at its first meeting or as soon as practicable thereafter, and(b) whenever a vacancy in the office of Chancellor occurs,elect a person (whether or not a member of the Board) to be Chancellor of the University.
(2) The Chancellor elected under this clause shall, subject to this Act, hold office until a Chancellor is duly elected under section 10.
(3) Section 10 (1) and (2) do not apply to or in respect of the Chancellor elected under this clause.
(1) The Board constituted under this Division shall:(a) at its first meeting or as soon as practicable thereafter, and(b) whenever a vacancy in the office of Deputy Chancellor occurs,elect one of its members to be Deputy Chancellor of the University.
(2) The Deputy Chancellor elected under this clause shall, subject to this Act, hold office until a Deputy Chancellor is duly elected under section 11.
(3) Section 11 (1) and (2) do not apply to or in respect of the Deputy Chancellor elected under this clause.
(1) If at its first meeting the Board does not appoint a person to be Vice-Chancellor, the Board may, at that meeting or subsequently, appoint a person to act as Vice-Chancellor pending the appointment of a Vice-Chancellor.
(2) Until the appointment of a Vice-Chancellor, a person appointed to act as Vice-Chancellor has all the functions of a Vice-Chancellor, except as provided by subclause (3).
(3) A person acting as Vice-Chancellor by appointment under this clause is not a member of the Board, and has none of the functions of a member of the Board.
(4) Until the appointment of a Vice-Chancellor, the Vice-Chancellor of the University of New South Wales, or such other person as the Vice-Chancellor of that University may nominate, shall be an official member of the Board in addition to the members referred to in section 9 (4).
(1) Convocation includes:(a) past members of the governing body of any of the former institutions that have, pursuant to this Act or otherwise, become network members of, or a part of, the University, and(b) graduates of any of those institutions.
(2) In this clause, a reference to a former institution includes a reference to any predecessor of the institution.
(1) Section 14 (2) extends to disputes and other matters arising before the commencement of this clause.
(2) However, if an inquiry by or at the direction of the Visitor into a dispute or other matter has commenced or been completed before the commencement of this clause, the dispute or other matter is to be dealt with and determined as if the University Legislation (Amendment) Act 1994 had not been enacted.
(1) Any by-law made or taken to have been made under this Act and in force immediately before the commencement of this clause is taken to have been made under this Act as amended by the University Legislation (Amendment) Act 1994 , but only to the extent to which it could have been made under this Act if this Act had been so amended at the time the by-law was made.
(2) Any rule in force immediately before the commencement of this clause is taken to have been made under this Act as amended by the University Legislation (Amendment) Act 1994 , but only to the extent to which it could have been made under this Act if this Act had been so amended at the time the rule was made.
In this Part:
"amending Act" means the Charles Sturt University Amendment Act 1998 .
"Board" means the Board as constituted under section 9 as in force immediately
before the substitution of that section by the amending Act.
"University network" means the University network established under section 6
as in force immediately before the commencement of Schedule 1 [6] to the
amending Act.
(1) The Council is a continuation of the Board.
(2) Subject to subclauses (3) to (5), the persons holding office as members of the Board immediately before the substitution of section 9 by the amending Act continue to hold office as members of the Council on that substitution.
(3) The persons holding office as official members of the Board under section 9 (4) (c) immediately before the substitution of section 9 by the amending Act cease to hold office as such on that substitution.
(4) The persons holding office as appointed members of the Board under section 9 (5) (b) immediately before the substitution of section 9 by the amending Act cease to hold office as such on that substitution.
(5) The student holding office as an elected member of the Board under section 9 (6) (c) immediately before the substitution of section 9 by the amending Act continues to hold office on that substitution and is taken to be one of the two student members of the Council elected in accordance with section 9 (6) (c), as substituted.
(6) Any person who ceases to hold office because of the operation of subclause (3) or (4) is not entitled to be paid any remuneration or compensation because of ceasing to hold the office.
(7) Nothing in this clause limits section 53 of the Interpretation Act 1987 .
(1) For the purpose only of enabling the Council to be duly constituted on or after the substitution of section 9 by the amending Act, elections may be conducted and appointments made before that substitution as if section 9, as substituted, were in force.
(2) A member who is elected or appointed to the Council under this clause does not assume office before the commencement of section 9, as substituted.
Any delegation made by the Board and in force immediately before the commencement of this clause continues to have effect as if it were a delegation made by the Council, but may be revoked at any time by the Council.
The By-laws of the University:
(a) continue in force as if they had been made by the Council, and
(b) may be amended and revoked accordingly.
Any person who ceases to hold office as a chief executive officer of a member of the University network because of the operation of Schedule 1 [16] to the amending Act is not entitled to be paid any remuneration or compensation because of ceasing to hold the office.
Until an order is made under clause 2 of Schedule 2 (as substituted by the Universities Legislation Amendment (Financial and Other Powers) Act 2001 ), approval is taken to have been given by order under that clause to the investment by the Council of any funds of the University in any manner that the Council was authorised to invest those funds immediately before the Council ceased to be an authority for the purposes of Part 3 (Investment) of the Public Authorities (Financial Arrangements) Act 1987 .
Any act or omission occurring before the substitution of section 7 by the Universities Legislation Amendment (Financial and Other Powers) Act 2001 that would have been valid had that section as so substituted been in force from the commencement of that section as originally enacted is (to the extent of any invalidity) taken to be, and always to have been, valid.
In this Part:
"amending Act" means the University Legislation Amendment Act 2004 .
"former section 9" means section 9 as in force immediately before its
substitution by the amending Act.
"new section 9" means section 9 as substituted by the amending Act.
"relevant day" means the date of assent to the amending Act.
The provisions of this Part are subject to any regulations made under clause 1.
(1) Subject to this Act, on the relevant day:(a) a person holding office under former section 9 (3) ceases to hold that office, and(b) a person holding office under former section 9 (5) (a) or (b) or (7) is taken to be appointed as a member under new section 9 (1) (b), (g) or (c), respectively, for the balance of the person’s term of office, and(c) a person holding office under former section 9 (6) (a), (b) or (c) is taken to be elected as a member under new section 9 (1) (d), (e) or (f), respectively, for the balance of the person’s term of office.
(2) On, or as soon as is reasonably practicable after, the relevant day, the Minister must appoint the balance of the members required to be appointed under new section 9 (1) (b).
(3) The Council is to make all necessary by-laws and take all necessary steps to ensure, as far as possible, that the Council is duly constituted under new section 9 as soon as is reasonably practicable after the relevant day.
(4) For the purposes of making the by-laws referred to in subclause (3), the Council must be constituted so as to include all of the members required to be appointed under new section 9 (1) (b).
(5) The Council is taken to be properly constituted until such time as it is constituted in accordance with new section 9.
(6) A casual vacancy occurring in the office of a member before the Council is duly constituted under new section 9 is to be filled as follows:(a) if the vacancy occurs in the office of a member appointed under new section 9 (1) (b), the Minister is to appoint a person whom the Minister considers appropriate,(b) if the vacancy occurs in the office of a member appointed under new section 9 (1) (c), the Council is to appoint a person whom the Council considers appropriate,(c) if the vacancy occurs in the office of a member elected under new section 9 (1) (d) or (e), the Council is to appoint a person qualified to hold that office,(d) if the vacancy occurs in the office of a member elected under new section 9 (1) (f), the Council is to appoint a person qualified to hold that office following consultation with the relevant student body or bodies recognised by the Council,(e) if the vacancy occurs in the office of a member appointed under new section 9 (1) (g), the Council is to appoint a person qualified to hold that office following consultation with the alumni association or body for the University.
(7) Subject to this Act, a member appointed under subclause (6) holds office from the time that person is appointed under that subclause until the expiry of the term of that member’s predecessor.
(8) Subject to this Act, if, on the expiry:(a) of a member’s term of office that is continued under subclause (1) (b) or (c), or(b) in the case of a member appointed under subclause (6), of the term of office of the member’s predecessor,the by-laws necessary to enable a person to be duly appointed or elected (as the case may be) to that office under new section 9 are not yet in force, the member may continue to hold that office until such time as a person is so duly appointed or elected.
(9) For the purposes of subclause (1), a member filling a casual vacancy and holding office immediately before the relevant day is taken to hold that office immediately before the relevant day under the provision under which the member’s predecessor was elected or appointed.
(10) A person who ceases to hold office under subclause (1) (a):(a) is not entitled to any remuneration or compensation because of loss of that office, and(b) is eligible (subject to this Act and if otherwise qualified) to be appointed as a member.
(1) Consecutive years of office served by a member of the Council immediately before the relevant day are to be taken into account in applying clause 1 (3) of Schedule 1 in respect of the member.
(2) However, clause 1 (3) of Schedule 1 does not affect the operation of clause 43 (1) (b) or (c) or (8) of this Schedule.
Section 24G, as inserted by the amending Act, applies only in relation to breaches of duty constituted by acts or omissions occurring after the relevant day.
No amendment made by the amending Act affects the continuity of the Council.