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Central Queensland University
CENTRAL QUEENSLAND UNIVERSITY
BILL 1997
EXPLANATORY NOTES
GENERAL OUTLINE
Objectives of the Legislation
The objective of the Bill is to improve the administration and
management of Central Queensland University by repealing and rewriting
the Central Queensland University Act 1989, in accordance with the
Legislative Standards Act 1992. In contrast to the existing Act, the Bill will
substantially reduce the number of statutes (subordinate legislation) which
may be made by the University, and streamline the process for the approval
of such statutes, while extending the capacity of the University to make
policy on matters necessary to its good governance, but not of a legislative
character.
Reasons for the Bill
Following the passage of the Legislative Standards Act 1992, and the
Statutory Instruments Act 1992, the provisions of the Central Queensland
University Act 1989 were, in common with legislation creating other public
universities in Queensland, found to be inconsistent with current drafting
standards, and to place an excessive burden on both the University and the
Government by allowing the institution to make a large number of statutes
(subordinate legislation) for the governance of the University and its affairs.
Because of the extensive nature of the amendments necessary to the Act to
bring it into line with current legislative standards, it was found to be more
efficient to repeal the existing Act and to replace it with a new piece of
legislation.
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Central Queensland University
Ways in which the objectives are to be achieved
The objectives of the Bill will be achieved by:
· repealing the Central Queensland University Act 1989;
· reducing the number of statutes (subordinate legislation) which
may be made by the university;
· streamlining the approval process of those statutes which remain;
· extending the capacity of the University to make policy on
matters necessary for its good governance, but which are not of a
legislative character;
· declaring the University to be a statutory body for the purposes of
the Statutory Bodies Financial Arrangements Act 1982 which
specifies the investment and borrowing powers of the University;
· declaring the University to be a statutory body for the purposes of
the Financial Administration and Audit Act 1977 which removes
any requirement for separate provisions in the Bill concerning the
financial operating and reporting requirements on the University;
· including in a Schedule to the Act provisions concerning conduct
on and control of traffic on University land;
· no longer requiring the Governor in Council to approve a scheme
set up by the University Council for the use of donated property;
· providing that at least 12 members of the University Council
should be appointed before the governing body will be deemed to
be properly constituted;
· writing the legislation in plain English.
Alternatives to the Bill
The two alternatives to the Bill are to make the necessary legislative
changes by way of amendments to the existing Central Queensland
University Act 1989; and to make no changes to the legislation, leaving the
university to operate under the existing Act.
Because the existing University Act is written in outdated drafting style,
the option of making the necessary changes by way of a series of
amendments is not acceptable, as it produces a piece of legislation which is
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Central Queensland University
incomprehensible. Without the changes contemplated in the new Bill, the
University's existing legislation would be inconsistent with legislative
standards adopted by the Parliament in 1992, and with the Statutory Bodies
Financial Arrangements Act 1982.
Administrative Cost to Government
There are no administrative costs to the Government to implement the
legislation. There will be significant savings to Government by virtue of the
reduction in the number of pieces of subordinate legislation which may be
made by the University, and the fact that such statutes will no longer be
drafted by government officers, or subject to approval by the Governor in
Council, and the cost of their publication in the Government Gazette will be
met by the University.
Consistency with Fundamental Legislative Principles
The Bill is consistent with fundamental legislative principles.
Consultation
There has been extensive consultation with the University over the last
four years. The Departments of the Treasury, Natural Resources, and Local
Government and Planning have also been consulted concerning any
provisions in the Bill intersecting with their responsibilities.
NOTES ON PROVISIONS
PART 1--PRELIMINARY
Clause 1 provides for the short title of the Act.
Clause 2 provides for the Act to commence on a date to be fixed by
proclamation.
Clause 3 provides for the meanings of the various terms used in the Act
to be laid out in Schedule 2 to the Act.
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Central Queensland University
PART 2--THE UNIVERSITY AND ITS COUNCIL
Clause 4 provides for the establishment of the University, and gives it
the legal status of a corporation.
Clause 5 specifies the functions of the University.
Clause 6 specifies the general powers of the University.
Clause 7 provides for the establishment of the University's governing
body, the Council.
Clause 8 specifies the functions of Council.
Clause 9 specifies the powers of the Council.
Clause 10 specifies the way the Council must act.
Clause 11 provides for the Council to delegate its powers under the Act
to certain persons, and specifies the matters in relation to which the Council
may not delegate its powers.
Clause 12 provides for the Council membership to consist of official
members, appointed members, elected members and additional members.
Clause 13 specifies that persons in certain designated positions are the
official members of the Council.
Clause 14 provides that there are 8 appointed members on the Council,
and that these members must be appointed by the Governor in Council.
Clause 15 provides that there are 7 elected members on the Council,
specifies the composition of this category of membership, specifies how the
members are to be elected, and in the case of Convocation and the student
association, specifies that the council may allow Convocation and the
student association to appoint, rather than elect, their representatives on the
Council.
Clause 16 provides for the Council to appoint 2 additional members, but
that an additional member may not be a member of the University's
academic or general staff, or an enrolled student of the University.
Clause 17 provides that the Council is taken to be properly constituted
when it has 12 or more members from any category of membership.
Clause 18 provides that an appointed member's term of office is not
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Central Queensland University
more that 3 years.
Clause 19 provides that an elected member's term of office is 3 years
and specifies when an elected member's term of office starts.
Clause 20 provides that an additional member's term of office is not
more than 3 years.
Clause 21 provides that if any group charged with electing or appointing
an "elected" member or members to the Council fails to do so by a day
fixed by the Council, then the Minister may appoint to the Council as many
members of that category as are necessary to satisfy the provisions of
Clause 15 in relation to the composition of the elected members.
Clause 22 provides for the term of office for members of the Council
appointed or elected to fill a casual vacancy.
Clause 23 specifies the circumstances which make a person ineligible for
membership on the Council as an elected, appointed or additional member.
Clause 24 specifies the circumstances under which the office of an
appointed, elected or additional member becomes vacant.
Clause 25 provides that, in the case of a person who is an appointed
member, or is being considered for appointment as an appointed member,
if that person has been convicted of an indictable offence, the Minister may,
at his discretion, and having regard to the nature of the offence, determine
that the person may be appointed, or reappointed to the Council, and if
re-appointed, the consequences for the member's term of office.
Clause 26 provides that, in the case of a person who is an elected or
additional member, or who or is being considered for election or for
appointment as an additional member, if that person has been convicted of
an indictable offence, the Council may, at its discretion, and having regard
to the nature of the offence, determine that the person may be restored as an
elected or appointed member, or may become an elected or appointed
member.
Clause 27 provides that the Chancellor is to preside at meetings of the
Council, and that if the Chancellor and Deputy Chancellor are both absent
from a meeting of the Council, that the members present may elect a
member to preside at the meeting.
Clause 28 specifies that a quorum for a meeting of the Council exists if
half the members are present.
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Central Queensland University
Clause 29 provides that, subject to the requirements laid down in the
legislation, the Council may regulate the conduct of its meetings as it
considers appropriate.
PART 3--CERTAIN OFFICERS OF THE
UNIVERSITY
Clause 30 provides for the position of Chancellor of the University; for
the Chancellor to be elected by the Council; that the Council may elect a
person who is not already a member of the Council to be elected to the
office of Chancellor, and for the Chancellor to hold office for a term of up
to 5 years, to be determined by the Council.
Clause 31 provides for the position of Deputy Chancellor of the
University; for the Council to elect one of its members to the office of
Deputy-Chancellor; for the Deputy-Chancellor to hold office for up to 3
years, and for the Deputy-Chancellor to act as Chancellor in certain
circumstances.
Clause 32 provides for the office of Vice-Chancellor of the University;
for the Council to appoint the Vice-Chancellor and determine the terms and
conditions of the appointment; for the Vice-Chancellor to be the Chief
Executive Officer of the University; and for the Vice-Chancellor to delegate
the powers of the office of Vice-Chancellor to a member of the university's
staff.
PART 4--BODIES CONNECTED WITH THE
UNIVERSITY
Clause 33 provides that a Convocation of the University is established;
that the Council is to decide the membership of Convocation by making a
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Central Queensland University
University statute; and that the Council is to determine matters relating to
the conduct of meetings of the Convocation, including how the Convocation
will elect or appoint members to the Council.
Clause 34 provides that the Central Queensland University Student
Association is established, and gives the Union the legal status of a
corporation.
Clause 35 provides for the composition of the Association.
Clause 36 provides that, although the role and powers of the Association
are decided by the Council, the Union is not the employee or agent of the
University.
Clause 37 specifies the general powers of the Association.
Clause 38 provides that the Association must have a written constitution;
that the constitution and each proposed amendment to the constitution must
be submitted to the Council for approval; and that the constitution or
amendment has no legality until approved by the Council.
Clause 39 provides that the University may establish colleges of the
University by making a university statute; that the establishment of a college
must first be approved by the Governor in Council; that the Council may
establish an advisory Council for each college, and determine its
membership and functions; and the terms and conditions applying to any
property held on trust for the college.
Clause 40 provides for the establishment and functions of the academic
board of the University.
PART 5--PROPERTY AND FINANCE
Clause 41 provides a definition of "property" for the purposes of this
division of the Act.
Clause 42 provides that, under certain circumstances, the Council may
devise a scheme to use property held by the University on terms which
require the property to be used for a particular purpose ("the donor's
purpose"), for another purpose ("the designated purpose"), and for such a
scheme to be in writing, and available free of charge to anyone who
requests it.
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Central Queensland University
Clause 43 specifies the type of purpose the Council must prefer in
selecting a designated purpose.
Clause 44 specifies that property to which a scheme applies is to be held
by the University for the designated purpose.
Clause 45 if the scheme applies to land, the University is required to give
a copy of the scheme to the person responsible for keeping a register of
interests in the land.
Clause 46 provides for the amendment of an approved scheme.
Clause 47 clarifies that the Act does not limit the University's powers
and rights under any other law about property held in trust by the
University.
Clause 48 provides that the University may agree to and carry out any
conditions of a gift, grant or similar acquisition by which it takes or acquires
property.
Clause 49 provides that any State land held by the University is held and
may be disposed of in accordance with the provisions of Land Act 1994;
but that the University itself may grant a lease of not more than 25 years
duration over State land which it holds.
Clause 50 declares the University to be a statutory body under the
Financial Administration and Audit Act 1977, under which the financial
operations, and reporting requirements of the university are regulated.
Clause 51 declares the University to be a statutory body under the
Statutory Bodies Financial Arrangements Act 1982, under which the
investment and financial accommodation powers of universities are to be
regulated.
Clause 52 specifies that the University may establish or administer trust
funds.
Clause 53 provides that the University may establish an investment
common fund, and the way the University is to operate such a fund.
Clause 54 specifies that, subject to the terms of a relevant trust, all funds
received by the University from any source are to be applied solely to
university purposes and specifies such purposes.
Clause 55 provides that the Council must adopt a budget each calendar
year for the following year and must review annually the funds received by
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Central Queensland University
bequest, donation or special grant, and the application of such funds.
Clause 56 specifies that the University's financial year is a calendar year.
PART 6--UNIVERSITY STATUTES
Clause 57 provides for the University to make statutes, and provides that
statutes may only be made about specified matters.
Clause 58 specifies that a University statute is subordinate legislation,
which must be tabled in the Legislative Assembly, is subject to
disallowance by the Parliament, and must be published in full in the
Government Gazette. The clause also declares that a University statute is an
exempt instrument under the Legislative Standards Act 1992, which means
that it does not have to be drafted by the Office of Parliamentary Counsel,
and does not have to be approved by the Governor in Council.
Clause 59 provides that the University must not make a statute affecting
the role or powers of the student association unless the Council gives the
association, a copy of the proposed statute, and considers any comments
made by the association on the statute.
Clause 60 provides for the Council to make University rules under a
University statute, and the requirements for notification of such rules.
Clause 61 authorises the University to be a member of, form, take part in
forming, or manage a corporation with objectives which are consistent with
those of the University, and specifies what those objects are.
Clause 62 provides for the University to enter into a contract or other
arrangement with an entity for the use of the University's facilities, and the
provision of services by staff.
Clause 63 establishes the purposes of Schedule 1, which provides for the
control of traffic and conduct on University land.
Clause 64 authorises the Governor in Council to make regulations under
the Act.
Clause 65 specifies that a reference to the Central Queensland University
Act 1989 may, if the context permits, be taken to be a reference to this Act.
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Central Queensland University
PART 8--REPEAL AND TRANSITIONAL
Clause 66 specifies the meaning of terms used in Part 8 of the Act,
which contains arrangements pertaining to the repeal of the Central
Queensland University Act 1989, and necessary transitional arrangements.
Clause 67 repeals the Central Queensland University Act 1989.
Clause 68 provides for the University, and the Central Queensland
University Union established under the repealed act to continue as the
University and the student association established under the new Act.
Clause 69 declares that the assets and liabilities of a former corporation
vest in the continuing corporation, and any property held in trust under a
former corporation are held on the same trusts by the continuing
corporation.
Clause 70 declares that any contracts entered into by or on behalf of a
former corporation and all guarantees, undertakings and securities entered
into by or on behalf of a former corporation, continue and may be enforced
against the continuing corporation, notwithstanding the repeal of the Central
Queensland University Act 1989.
Clause 71 provides for the continuity of any legal proceedings which
may have started by or against the University to be continued by or against
the continuing corporation.
Clause 72 provides for persons holding office under the repealed Act to
do so for the balance of the term of office established under that Act.
Clause 73 provides for those persons holding office on the Council of
the University to continue in office until the expiry of their terms of office
under the repealed Act.
Clause 74 provides for the continuity of staff rights and entitlements
under the continuing corporation.
Clause 75 provides for statutes and rules made under the repealed Act
that are consistent with the new Act to remain in force for one year after the
day on which the Act commences, unless sooner repealed.
Clause 76 provides for the Convocation established under the repealed
Act to continue as the Convocation under the new Act.
Clause 77 provides for the constitution of the Central Queensland Union
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Central Queensland University
in place before the commencement of Part 8, to continue as the constitution
of the Student Association under the new Act.
Clause 78 provides for references in an Act or document in existence
immediately before the commencing day to a former corporation to be a
reference to the continuing corporation.
Clause 79 provides for this part of the Act, (Part 8), (other than section
73) to expire 1 year after it commences.
Schedule 1
CONTROL OF TRAFFIC AND CONDUCT ON
UNIVERSITY LAND
PART 1--AUTHORISED PERSONS
Clause 1 provides for the Vice-Chancellor to appoint authorised persons
for the purpose of controlling the driving, parking and standing of vehicles
on University land, and for the purpose of controlling the conduct of
persons who are drunk, disorderly or creating a disturbance on University
land.
Clause 2 provides for the powers of an authorised person to be limited.
Clause 3 provides for the conditions of appointment of the authorised
persons.
Clause 4 provides that the Vice-Chancellor must issue an identity card to
each authorised person.
Clause 5 provides that an authorised person may exercise their powers
under the legislation only if the person produces or has displayed his or her
identity card.
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Central Queensland University
PART 2--TRAFFIC CONTROL
Clause 6 provides that an authorised person may control traffic on
University land and give directions to persons on the land in order to control
such traffic.
Clause 7 provides for the Vice-Chancellor to erect or display a
"regulatory notice" controlling the driving, parking or standing of vehicles
on the land, and specifies examples of the matters which would be included
on the notice. The clause also allows the Vice-Chancellor to erect and
display "regulatory notices" in the form of official traffic signs.
Clause 8 provides that, if a "regulatory notice" does not state that a
breach of a requirement of the notice is an offence under the legislation, and
specify the penalty for the offence, the Vice-Chancellor must erect or
display "information notices" stating that a breach of a requirement of a
"regulatory notice" is an offence and stating the penalty for such an offence.
Clause 9 provides that an authorised person may seize, remove and hold
a vehicle at a safe place that the authorised person believes on reasonable
grounds is parked in breach of a `regulatory notice' or is abandoned. The
clause provides that the authorised officer may exercise such powers only
under specified circumstances and that if the vehicle is seized the University
must inform the owner in writing of where the vehicle is held and how the
owner may recover it. The clause also provides that if the vehicle was
parked in breach of a "regulatory notice", the owner must pay to the
University the cost of seizing, removing, holding and returning the vehicle.
Clause 10 provides that if the owner of a vehicle that is being held does
not recover the vehicle within 2 months after being given written notice, the
University may, after publishing a notice in a newspaper, sell the vehicle by
public auction.
Clause 11 specifies how and in what order the proceeds of the sale of the
vehicle must be applied.
PART 3--CONDUCT ON UNIVERSITY LAND
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Central Queensland University
Clause 12 provides that a person may not be disorderly or create a
disturbance on University land.
Clause 13 provides that an authorised person may direct a person to
leave the University's land or part of the University's land if the authorised
person finds the person breaching section 12 of this part of the Act, or for
other specified reasons.
© The State of Queensland 1997