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James Cook University of North Queensland
JAMES COOK UNIVERSITY OF NORTH
QUEENSLAND BILL 1997
EXPLANATORY NOTES
GENERAL OUTLINE
Objectives of the Legislation
The objective of the Bill is to improve the administration and
management of James Cook University of North Queensland by repealing
and rewriting the James Cook University of North Queensland Act 1970, 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 James Cook
University of North Queensland Act 1970 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 required
amendments to almost every section of 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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James Cook University of North Queensland
Ways in which the objectives are to be achieved
The objectives of the Bill will be achieved by:
· no longer providing for the Council to make University statutes
(subordinate legislation) about matters of an administrative nature
or in relation to policy, but restricting the statutes that the Council
may make, to matters of a legislative nature only;
· no longer requiring the University's statutes to be drafted by the
Office of the Parliamentary Counsel or approved by the Governor
in Council;
· no longer providing for the University's powers of investment to
be in the University's Act but declaring the University to be a
statutory body for the purposes of the Statutory Bodies Financial
Arrangements Act 1982 which provides for the investment and
borrowing powers of statutory bodies, including public
Universities;
· no longer providing for financial operating and reporting
requirements of the University to be in the University's Act but
declaring the University to be a statutory body for the purposes of
the Financial Administration and Audit Act 1977 which provides
for the financial operating and reporting requirements of statutory
bodies, including public Universities;
· no longer providing for the Council to make statutes in relation to
conduct of persons and control of traffic on University land but
providing for these matters to be contained in a Schedule to the
University's Act;
· no longer providing for the Academic Board of the University to
be constituted under a University statute, but providing for the
Academic Board's establishment and functions to be in the
University's Act;
· no longer providing for the Governor in Council, by order in
council, to establish colleges of the University (including
provisions relating to the constitution and membership of
advisory councils for such colleges), but providing that the
University's Council may establish colleges by University statute
with the prior approval of the Governor in Council and that the
University's Council may establish an advisory council for each
college;
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James Cook University of North Queensland
· no longer providing for the Governor in Council to approve a
scheme determined by the Council, concerning the use of donated
property and no longer requiring the scheme to be published in
the Government Gazette;
· revising the membership structure of the Council, including
reducing the maximum number of members from 35 to 27 and
no longer including outdated provisions put in place in 1981 in
relation to the "advanced education sector" which no longer
exists;
· providing that the Council is properly constituted when it has 15
or more members and that a quorum exists at a meeting of the
council if at least half its members are present;
· providing the Minister for Education with discretionary powers in
relation to a person convicted of an indictable offence, becoming
or being reappointed an "appointed member" of the Council;
· providing the Council with discretionary powers in relation to a
person convicted of an indictable offence, becoming or being
reappointed or re-elected an "additional member" or "elected
member" of the Council;
· providing for the Deputy Chancellor to hold office for up to 3
years instead of for 1 year only; and
· providing for the University to hold and dispose of State land
under the Land Act 1994, specifying that the University may only
grant an interest in such land by way of lease and restricting the
period of the lease to not more than 25 years.
Alternatives to the Bill
The two alternatives to the Bill are to make the necessary legislative
changes by way of amendments to the existing James Cook University of
North Queensland Act 1970; or to make no changes to the legislation,
leaving the University to operate under the existing outdated Act and
outdated statutes.
Because the existing University Act is written in outdated drafting style,
the option of making the necessary changes by way of amending virtually
every section of the Act is not acceptable, as it produces a piece of
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James Cook University of North Queensland
legislation which is 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, and the requirements
of the membership composition of the University's governing body for the
appointment of persons in certain categories would be increasingly out of
date, and become impossible to comply with.
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 the Office of the Parliamentary Counsel, 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. Those provisions relating to the structure of the University's
governing body have been the subject of consultations with the Cairns and
Townsville communities, with staff and student bodies and both campuses
of the University, and with the governing body itself. 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 CLAUSES
PART 1--PRELIMINARY
Clause 1 provides for the short title of the Act.
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James Cook University of North Queensland
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.
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 the 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 9 appointed members on the Council,
and that these members must be appointed by the Governor in Council.
Clause 15 provides that there are 10 elected members on the Council,
specifies the composition of this category of membership and specifies how
the members are to be elected. Despite these provisions, the clause also
provides the Council with discretion to allow the Convocation to appoint the
required number of members of Convocation as elected members and to
allow the Council of the Union to appoint the required number of students
as elected members.
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James Cook University of North Queensland
Clause 16 provides for the Council to appoint 2 additional members, but
that an additional member must not be a member of the University's
academic or full-time general staff, or an enrolled student of the University.
Clause 17 provides that the Council is taken to be properly constituted
when it has 15 or more members from any category of membership.
Clause 18 provides that an appointed member's term of office is not
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 the Minister's 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
appointment as an elected member 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.
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James Cook University of North Queensland
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.
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 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 three
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 an appropriately qualified
member of the University's staff.
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James Cook University of North Queensland
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
University statute; and that the Council is to determine matters relating to
the conduct of meetings of the Convocation, including how the Convocation
will appoint members to the Council.
Clause 34 provides that the James Cook University of North Queensland
Union is established, and gives the Union the legal status of a corporation.
Clause 35 provides for the composition of the Union.
Clause 36 provides that, although the role and powers of the Union are
decided by the Council, the Union is not the employee or agent of the
Council.
Clause 37 specifies the general powers of the Union.
Clause 38 provides that the Union 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.
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James Cook University of North Queensland
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.
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 provides that 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 a bequest to the University (including
property).
Clause 49 provides that any State land held by the University is held and
may be disposed of under the 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 borrowing 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.
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James Cook University of North Queensland
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
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 the 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 Union's role or powers unless the Council gives the Union a copy of the
proposed statute, and considers any comments made by the Union 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.
PART 7--MISCELLANEOUS
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.
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James Cook University of North Queensland
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 specifies that Schedule 1 of the Act, which provides for the
control of traffic and conduct of persons on University land, has legal effect.
Clause 64 authorises the Governor in Council to make regulations under
the Act.
Clause 65 provides that references in an Act or document to the repealed
Act may, if the context permits, be taken to be a reference to the new Act.
PART 8--REPEAL AND TRANSITIONAL
Clause 66 specifies the meaning of terms used in Part 8 of the new Act,
which contains provisions pertaining to the repeal of the James Cook
University of North Queensland Act 1970, and necessary transitional
arrangements.
Clause 67 repeals the James Cook University of North Queensland Act
1970.
Clause 68 provides for the James Cook University of North Queensland
and the James Cook University of North Queensland Union, established
under the repealed Act, to continue under the new Act.
Clause 69 declares that the assets and liabilities of the former University
or former Union vest in the University or the Union, and any property held
in trust under the former University or the former Union is held on the
same trusts by the University or the Union. The clause also declares that
any contracts entered into by or on behalf of the former University or
former Union and all guarantees, undertakings and securities entered into by
or on behalf of the former University or former Union, continue and may
be enforced against or by the University or the Union.
Clause 70 provides for the continuity of any legal proceedings which
may have started by or against the former University or former Union to be
continued by or against the University or Union.
Clause 71 provides for persons holding office under the repealed Act to
continue to do so for the balance of the term of office established under that
Act.
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James Cook University of North Queensland
Clause 72 provides for those persons holding office on the Council of
the University under the repealed Act to continue in office until the expiry of
their terms of office under the repealed Act.
Clause 73 provides for the continuity of rights and entitlements for staff
members of the former University or the former Union.
Clause 74 provides for existing statutes and rules that are consistent with
the new Act to remain in force for one year after the day on which Part 8 of
the new Act commences, unless sooner repealed.
Clause 75 provides for the existing Convocation to continue as the
Convocation under the new Act.
Clause 76 provides for the existing constitution of the former Union in
place before the commencement of Part 8, to continue as the Union's
constitution under the new Act.
Clause 77 provides for references in an Act or document, in existence
immediately before the commencement of Part 8, to the former University
or former Union to be a reference to the University or Union.
Clause 78 provides for this part of the new Act, (Part 8) except for
sections 67 and 72, to expire 1 year after it commences.
Schedule 1
CONTROL OF TRAFFIC AND CONDUCT ON
UNIVERSITY LAND
PART 1--AUTHORISED PERSONS AND SECURITY
OFFICERS
Clause 1 provides for the Vice-Chancellor to appoint authorised persons
and security officers 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.
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James Cook University of North Queensland
Clause 2 provides for the conditions of appointment of the authorised
persons and the security officers.
Clause 3 provides that the Vice-Chancellor must issue an identity card to
each authorised person and security officer.
Clause 4 provides that an authorised person or security officer may
exercise their powers under the legislation only if the person or officer
produces or has displayed his or her identity card.
PART 2--TRAFFIC CONTROL
Clause 5 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 6 provides for the University 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 may be included on the notice.
The clause also allows the University to erect and display "regulatory
notices" in the form of official traffic signs.
Clause 7 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 University 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 8 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.
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James Cook University of North Queensland
Clause 9 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 10 specifies how and in what order the proceeds of the sale of the
vehicle must be applied.
PART 3--CONDUCT ON UNIVERSITY LAND
Clause 11 provides that a person must not be disorderly or create a
disturbance on University land.
Clause 12 provides that a security officer may direct a person to leave the
University's land or part of the University's land if the security officer finds
the person breaching section 11 of this part of the Act, or for other specified
reasons.
© The State of Queensland 1997