New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 32)
In this Schedule:
"former campus" means the University of New England, Northern Rivers (being
the network member of that name under the University of New England Act 1989 )
and the college of the former University of New England at Coffs Harbour
(known as the Coffs Harbour Centre).
"former University of New England" means the University of New England
established under the University of New England Act 1989 .
"transfer day" means the day on which the University of New England Act 1989
is repealed.
(1) The Governor may make regulations containing provisions of a savings or transitional nature consequent on the enactment of this Act and the following Acts:University 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.
In this Part:
"officer", in relation to a former campus, means a person who, immediately
before the transfer day, held any salaried office or employment in the staff
establishment of the former campus otherwise than as a casual 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.
"casual staff member", in relation to a former campus, means a person who,
immediately before the transfer day, was employed in the staff establishment
of that campus on terms and conditions that allowed for his or her services to
be dispensed with at any time.
(1) The Minister may, by order in writing, direct that a person who immediately before the transfer day held any salaried office or employment in the staff establishment of the former University of New England is taken for the purposes of this Schedule to have held that office or employment in a specified former campus, and any such direction has effect accordingly.
(2) The Minister is not to give a direction under this clause without first consulting with the Vice-Chancellor of each University to be affected by the proposed direction and unless satisfied that the Universities have been given a reasonable opportunity to resolve by agreement between themselves any dispute with which the proposed direction is concerned.
(1) Each officer of a former campus becomes, on the transfer day, an officer of the University.
(2) Except as provided by this Part or the regulations, the terms and conditions on which an officer of a former campus becomes an officer of the University are the same as those on which he or she was an officer of the former campus.
(1) An officer of a former campus who, pursuant to this Part, becomes an officer of the University becomes 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 campus immediately before the transfer day.
(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 2 of Chapter 2 of the Industrial Relations Act 1991 until the salary is, or the wages are, lawfully varied.
(1) An officer of a former campus who, pursuant to this Part, 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 campus as an officer of the University is taken to be service as an officer of the former campus 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 campus who, pursuant to this Part, becomes an officer of the University is regarded as an officer or employee, and the University is 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 campus, 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 campus who, pursuant to this Part, becomes an officer of the University retains any rights to:(a) annual leave, and(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 campus.
(2) A person’s entitlement to any such leave is to be calculated:(a) for such part of any period during which that leave accrued or was accruing as occurred before the transfer day-at the rate for the time being applicable to the officer, as an officer of the former campus, before that day, and(b) for such part of that period as occurred after the transfer day-at the rate for the time being applicable to the officer, as an officer of the University, after that day.
An officer of a former campus who, pursuant to this Part, 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 casual staff member of a former campus becomes, on the transfer day, a casual staff member of the University.
(2) A casual staff member of a former campus who, pursuant to this clause, becomes a casual staff member of the University becomes 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 campus immediately before the transfer day.
(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 2 of Chapter 2 of the Industrial Relations Act 1991 until the salary is, or the wages are, lawfully varied.
A fixed term contract in force, immediately before the transfer day, between a person and the former University of New England in relation to a former campus (being a contract under which the person performed services for that campus):
(a) is 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 University of New England, and
(b) may be arbitrated, terminated or renewed in any manner provided by the contract.
This Part does not apply to a person holding office as chief executive officer of a member of the University network under the University of New England Act 1989 , or as Vice-Chancellor under that Act, as provided by clause 19 (Removal of current office holders) of Schedule 3 to the University of New England Act 1993 .
(1) Nothing in this Part affects the operation of the Industrial Relations Act 1991 .
(2) Neither the contract of employment nor the period of employment of a person is taken to have been broken by the operation of this Part for the purposes of any law, award or agreement relating to the employment of that person.
(3) A person is not entitled to receive any payment or other benefit merely because the member ceases to be a member of staff of a former campus by the operation of this Part.
In this Part:
"assets" means any legal or equitable estate or interest (whether present or
future and whether vested or contingent) in real or personal property of any
description (including money), and includes securities, choses in action and
documents.
"instrument" means an instrument (other than this Act) which creates, modifies
or extinguishes rights or liabilities (or would do so if lodged, filed or
registered in accordance with any law), and includes any judgment, order and
process of a court.
"liabilities" means all liabilities, debts and obligations (whether present or
future and whether vested or contingent).
"rights" means all rights, powers, privileges and immunities (whether present
or future and whether vested or contingent).
(1) For the purposes of this Part, the assets, rights and liabilities of a former campus comprise:(a) those assets, rights and liabilities of the former University of New England that relate to the former campus, and(b) any assets, rights and liabilities of the former University of New England that the Minister directs by order in writing are to be regarded as assets, rights or liabilities of the former campus.
(2) The Minister may in a direction under this clause specify a particular day that is later than the commencement of this clause as the transfer day for the purposes of any asset, right or liability to which the direction relates and the day so specified then becomes the transfer day for the purposes of the operation of this Schedule in relation to that asset, right or liability.
(3) The Minister is not to give a direction under this clause without first consulting with the Vice-Chancellor of each University to be affected by the proposed direction and unless satisfied that the Universities have been given a reasonable opportunity to resolve by agreement between themselves any dispute with which the proposed direction is concerned.
(1) On and from the transfer day:(a) the assets that comprise any legal or equitable interest in real property of the college of the former University of New England at Coffs Harbour (known as the Coffs Harbour Centre) vest in the Minister by force of this clause and without the need for any conveyance, transfer, assignment or assurance, and(b) the assets of a former campus (other than those provided for by paragraph (a)) vest in the University by force of this clause and without the need for any conveyance, transfer, assignment or assurance, and(c) the rights and liabilities of a former campus become by force of this clause the rights and liabilities of the University, and(d) all proceedings relating to a former campus commenced before the transfer day by or against the former University of New England and pending immediately before the transfer day are taken to be proceedings pending by or against Southern Cross University, and(e) anything done or omitted to be done in relation to a former campus before the transfer day by, to or in respect of the former University of New England is (to the extent that it has any force or effect) taken to have been done or omitted to be done by, to or in respect of Southern Cross University, and(f) a reference in any other Act, in any instrument made under any Act or in any document of any kind to a former campus is (to the extent that it relates to a former campus) to be read as, or as including, a reference to the University, or to the Minister for the purposes of paragraph (a).
(2) The University has the control and management of land that was under the control and management of the former University of New England in relation to a former campus immediately before the transfer day, subject to any directions of the Minister in the case of land comprising an asset to which subclause (1) (a) applies.
(3) The assets of a former campus vested in the University or the Minister by this clause are vested subject to any trusts or conditions subject to which they were held immediately before the transfer day and (in the case of assets vested in the University) are to be applied by the University for the purposes of the University.
(4) The transfer, by this Part, of the control and management of any asset to the University does not affect any power of the person or body by whom the control and management of that asset has been conferred, or of any lawful successor of that person or body:(a) to remove the control and management of that asset from the University, or(b) to vary the conditions subject to which the control and management of that asset may be exercised by the University,that could have been exercised by that person or body, or by that lawful successor, in respect of that property had this Act not been enacted.
(1) The operation of this Part is not to be regarded:(a) as a breach of contract or confidence or otherwise as a civil wrong, or(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or(d) as an event of default under any contract or other instrument.
(2) No attornment to Southern Cross University or the Minister by a lessee from the former University of New England is required.
(3) Any instrument executed only for:(a) a purpose ancillary to or consequential on the operation of this Part, or(b) the purpose of giving effect to this Part,is not chargeable with stamp duty and is exempt 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.
(1) Pending the commencement of section 10, the Council is to consist of such persons as the Minister appoints for the purposes of this clause (referred to in this Part as the "interim Council").
(2) The members of the interim Council hold office, subject to this Act, until the commencement of section 10.
(3) The Minister may call the first meeting of the interim Council in such manner as the Minister thinks fit.
(4) A member of the interim Council designated by the Minister is to preside at all meetings of the Council until the election of the first Chancellor of the University.
(5) The interim Council is to make all necessary by-laws and take all necessary steps to ensure, as far as possible, that a Council is duly constituted under section 10 so as to take office within 12 months after the commencement of this clause or within such extended time as is specified in a proclamation at any time during that period of 12 months.
(6) The interim Council has and may exercise all the functions of the Council until the commencement of section 10, except the functions of the Council under sections 11 (Chancellor) and 12 (Deputy Chancellor). The provisions of this Act (except clause 1 (Term of office) of Schedule 1) applicable to the Council or the members of the Council apply to the interim Council and the members of the interim Council.
(7) Schedule 1 has effect in relation to the members and procedure of the interim Council as if those members were appointed members of the Council.
The election of the first Chancellor of the University by the Council is not to take place until the Council is (apart from the election of Chancellor) fully constituted as provided by section 10.
The first appointment of a person under section 10 (6) as a member of the Council is not to take place until the other members of the Council provided for in section 10 (2), (4) and (5) have been elected or appointed.
(1) The first Vice-Chancellor is to be a person appointed by the interim Council on the recommendation of a committee established with the approval of the Minister for the purpose of selecting a person for appointment.
(2) The Interim Council may, instead of appointing a person to be Vice-Chancellor, appoint a person to act as Vice-Chancellor pending the appointment of a Vice-Chancellor.
(3) If the interim Council has not appointed a person to be Vice-Chancellor before the commencement of section 10, a vacancy in the office of Vice-Chancellor is considered to have occurred (for the purpose of enabling the Council constituted under section 10 to appoint a person to be the Vice-Chancellor).
(1) Each person who was, immediately before the transfer day, a student of a former campus enrolled in a course of study becomes on that day a student of the University.
(2) For the purpose of ensuring that those students are not disadvantaged, the University:(a) must enter into arrangements with the University of New England for the purpose of affording those students the opportunity (if they wish) to complete the courses in which they were enrolled at a former campus to be provided by the University of New England under the University of New England Act 1993 , and(b) may (for such period as the University considers necessary) provide courses of study that are substantially the same as the courses of study in which those students were enrolled at a former campus.
(3) A student who is enrolled in a course of study provided by the University pursuant to this clause must, as far as it is practicable to do so, be given credit in that course for any subject or work completed by the student in a course of study in which the student was enrolled at a former campus.
(4) Students so enrolled are entitled, on satisfactory completion of their courses, to appropriate awards conferred by Southern Cross University or the University of New England, as appropriate.
(1) The By-laws of the University of New England as in force immediately before the commencement of this clause:(a) are taken to have been made as by-laws under this Act by the Council of the Southern Cross University, and(b) may be amended and revoked accordingly.
(2) The Northern Rivers College of Advanced Education By-law is repealed.
Any delegation made by the Board of the former University of New England in respect of a former campus and in force immediately before the transfer day continues to have effect as if it were a delegation made by the Council, but may be revoked at any time by the Council.
Nothing in this Part affects the validity of any investment made by or on behalf of the former University of New England before the transfer day.
(1) For the purpose only of enabling the Council to be duly constituted on or after the commencement of section 10, elections may be conducted and appointments made before that commencement as if the whole of this Act 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 10.
In any other Act or in any statutory instrument (including any industrial award or industrial agreement) or other document, a reference to a former campus is, on and from the transfer day, to be read as a reference to the University.
(1) Any question arising in connection with the operation of this Schedule:(a) as to which land is under the control and management of any particular institution, or(b) as to which institution any assets, rights, liabilities or obligations belong or relate to, or(c) as to which institution the employment of any staff pertains to,is to 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.
(3) The Minister is not to make a determination under this clause without first consulting with the Vice-Chancellor of each University to be affected by the proposed determination and unless satisfied that the Universities have been given a reasonable opportunity to resolve by agreement between themselves any dispute with which the proposed determination is concerned.
(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.
If, on the commencement of the amendments to section 10 made by Schedule 1 to the Statute Law (Miscellaneous Provisions) Act (No 2) 1999 , the membership of the Council fails to comply with section 10 (4) as so amended, then, for the purposes of clause 3 (1) of Schedule 1 to this Act, there is taken to be a vacancy in the office of the member in respect of which the failure exists.
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 6 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 10" means section 10 as in force immediately before its
substitution by the amending Act.
"new section 10" means section 10 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 2.
(1) Subject to this Act, on the relevant day:(a) a person holding office under former section 10 (2) ceases to hold that office, and(b) a person holding office under former section 10 (4) (a) or (b) or (6) is taken to be appointed as a member under new section 10 (1) (g), (b) or (c), respectively, for the balance of the person’s term of office, and(c) a person holding office under former section 10 (5) (a), (b) or (c) is taken to be elected as a member under new section 10 (1) (d), (e) or (f), respectively, for the balance of the person’s term of office.
(2) 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 10 as soon as is reasonably practicable after the relevant day.
(3) For the purposes of making the by-laws referred to in subclause (2), the Council must be constituted so as to include all of the members required to be appointed under new section 10 (1) (b).
(4) The Council is taken to be properly constituted until such time as it is constituted in accordance with new section 10.
(5) A casual vacancy occurring in the office of a member before the Council is duly constituted under new section 10 is to be filled as follows:(a) if the vacancy occurs in the office of a member appointed under new section 10 (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 10 (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 10 (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 10 (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 10 (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.
(6) Subject to this Act, a member appointed under subclause (5) holds office from the time that person is appointed under that subclause until the expiry of the term of that member’s predecessor.
(7) 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 (5), 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 10 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.
(8) 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.
(9) 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 34 (1) (b) or (c) or (7) of this Schedule.
Section 21G, as inserted by the amending Act, applies only in relation to breaches of duty constituted by acts or omissions occurring after the relevant day.
(1) Any by-law in force immediately before the relevant day is taken to have been validly made under this Act (as amended by the amending Act) but only to the extent to which it could validly have been made immediately after that day.
(2) Any rule in force immediately before the relevant day that could validly have been made immediately before that day is taken to have been validly made under this Act as amended by the amending Act.
(3) On and after 1 September 2005, subclause (2) does not validate any rule in force immediately before the relevant day that could not have been validly made after the relevant day.
No amendment made by the amending Act affects the continuity of the Council.