New South Wales Consolidated Acts

UNIVERSITY OF SYDNEY ACT 1989 - SCHEDULE 1

SCHEDULE 1 – Provisions relating to Fellows and to the procedure of the Senate

(Section 9)

1 Term of office

(1) Subject to this Act, a Fellow holds office as follows:

(a) in the case of an official member, while the member holds the office by virtue of which he or she is a member,

(b) in the case of a member appointed under section 9 (1) (b) or (c), for such term (not exceeding 4 years) as may be specified in the member’s instrument of appointment,

(c) in the case of an elected member referred to in section 9 (1) (d), (e), (f) or (g), for such term (not exceeding 2 years) as may be prescribed by the by-laws,

(d) in the case of an elected member referred to in section 9 (1) (h), for such term (not exceeding 4 years) as may be prescribed by the by-laws.

(2) The need to maintain an appropriate balance of experienced and new members on the Senate must be taken into account:

(a) by the Senate, when making the by-laws required under this clause, and

(b) by the Minister and the Senate, when appointing members to the Senate.

(3) A person must not be appointed or elected to serve more than 12 consecutive years of office (unless the Senate otherwise resolves in relation to the person).

2 Vacation of office

The office of a Fellow becomes vacant if the Fellow:

(a) dies, or

(b) declines to act, or

(c) resigns the office by writing under his or her hand addressed:

(i) in the case of a Fellow appointed by the Minister, to the Minister, or

(ii) in the case of a Fellow appointed by the Senate, to the Chancellor, or

(iii) in the case of an elected Fellow, to the Vice-Chancellor, or

(d) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes any assignment of his or her estate for their benefit, or

(e) becomes a mentally incapacitated person, or

(f) is convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or

(g) is, or becomes, disqualified from managing a corporation under Part 2D.6 of the Corporations Act 2001 of the Commonwealth, or

(h) is removed from office by the Senate pursuant to section 26G, or

(i) is absent from 3 consecutive meetings of the Senate of which reasonable notice has been given to the Fellow personally or in the ordinary course of post and is not, within 6 weeks after the last of those meetings, excused by the Senate for his or her absence, or

(j) in the case of an elected Fellow, ceases to be qualified for election, or

(k) in the case of a Fellow appointed by the Minister, is removed from office by the Minister, or

(l) in the case of a Fellow appointed by the Senate, is removed from office by the Senate.

3 Filling of vacancy in office of Fellow

(1) If the office of an appointed or elected Fellow becomes vacant, a person is, subject to this Act and the by-laws, to be appointed or elected to fill the vacancy.

(2) The by-laws may provide that, in such circumstances as may be prescribed, a person is to be appointed or elected in such manner as may be prescribed instead of in the manner provided for by this Act.

4 Committees of the Senate

(1) The Senate may establish committees to assist it in connection with the exercise of any of its functions.

(2) It does not matter that any or all of the members of a committee are not Fellows.

(3) The procedure for the calling of meetings of a committee and for the conduct of business at those meetings is to be as determined by the Senate or (subject to any determination of the Senate) by the committee.

5 Liability of Fellows and others

No matter or thing done or omitted to be done by:

(a) the University, the Senate or a Fellow, or

(b) any person acting under the direction of the University or the Senate,

6 General procedure

The procedure for the calling of meetings of the Senate and for the conduct of business at those meetings is, subject to this Act and the by-laws, to be as determined by the Senate.

7 Presiding member

(1) The Chancellor is to preside at all meetings of the Senate at which the Chancellor is present.

(2) At any meeting of the Senate at which the Chancellor is not present, the Deputy Chancellor is to preside and, in the absence of both the Chancellor and the Deputy Chancellor, a member elected by and from the members present is to preside.

(3) Except as provided by subclause (4), at the meetings of a committee constituted by the Senate a Fellow appointed by the Senate (or, if no Fellow is so appointed, elected by and from the Fellows present) is to preside.

(4) At any meeting of a committee constituted by the Senate at which the Chancellor is present, the Chancellor is entitled, if he or she so desires, to preside at that meeting.

8 Quorum

At any meeting of the Senate, a majority of the total number of Fellows for the time being constitutes a quorum.

9 Voting

A decision supported by a majority of the votes cast at a meeting of the Senate at which a quorum is present is the decision of the Senate.