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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Higher Education Acts (Amendment) Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--DEAKIN UNIVERSITY 3
3. Definitions 3
4. Objects of the University 3
5. New section 6 substituted 3
6. Council is the governing body of the University 3
6. Composition of Council 4
7. Term of office 5
8. Council's power of removal 6
9. Vacation of office 8
10. New sections 11 and 12 substituted 8
11. Conduct of elections 8
12. Filling of vacancies on retirement 8
11. New section 16 substituted 9
16. Election or appointment of Chancellor 9
12. Council member's responsibilities 9
13. Powers of Council 10
14. Statutes 10
15. Submissions of statutes and regulations to Academic Board 11
16. Disposal of land 11
17. Formation of companies 11
18. New section 41 inserted 12
41. Transitional--members of Council 12
PART 3--LA TROBE UNIVERSITY 13
19. New section 6 substituted 13
6. Council is the governing body of the University 13
20. Composition of Council 14
21. Term of office 15
22. Council's power of removal 16
i
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Clause Page
23. New sections 11 and 12 substituted 18
11. Conduct of elections 18
12. Filling of vacancies on retirement 18
24. New section 16 substituted 19
16. Election or appointment of Chancellor 19
25. Council member's responsibilities 19
26. Powers of Council 20
27. Statutes 20
28. Disposal of land 20
29. Formation of companies 20
30. New section 45 inserted 21
45. Transitional--members of Council 21
PART 4--MELBOURNE UNIVERSITY 22
31. Council responsibilities 22
32. Composition of Council 23
33. Term of office 24
34. New section 6A inserted 25
6A. Council's power of removal 25
35. New sections 7 and 7A substituted 27
7. Conduct of elections 27
7A. Filling of vacancies on retirement 27
36. Election or appointment of Chancellor 28
37. Council member's responsibilities 28
38. Staff and management of University 29
39. References to president of academic board 29
40. Statutes and consequential amendment 30
41. Disposal of land 30
42. Formation of companies 30
43. New sections 50 and 51 inserted 30
50. Change of name to president of academic board 30
51. Transitional--members of Council 31
PART 5--MONASH UNIVERSITY 32
44. Council responsibilities 32
6. Council responsibilities 32
45. Composition of Council 33
46. Term of office 34
47. Automatic vacation of office 35
48. New sections 10, 11 and 12 substituted 35
10. Council's power of removal 35
11. Conduct of elections 37
12. Filling of vacancies on retirement 37
49. Election or appointment of Chancellor 37
ii
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Clause Page
50. Council member's responsibilities 38
51. Staff and management of University 38
52. Membership of academic board 39
53. Statutes and consequential amendments 39
54. Disposal of land 39
55. Formation of companies 39
56. Places of living for undergraduate students 40
57. New section 45 inserted 40
45. Transitional--members of Council 40
PART 6--RMIT UNIVERSITY 41
58. The Council--its composition and responsibilities 41
59. Members of Council 42
60. Term of office 43
61. New section 11 substituted 44
11. Filling of vacancies on retirement 44
62. Council's power of removal 45
63. Council member's responsibilities 46
64. Chancellor and Deputy Chancellor 47
65. Staff--dismissal and director of TAFE division 48
66. New Part 3 substituted 48
PART 3--DIVISIONS, FACULTIES AND BOARDS 48
27. Divisions and faculties, schools and units 48
28. Statutes may prescribe other faculties etc. 49
29. Boards 49
67. Statutes 50
68. Submissions of statutes and regulations to boards 51
69. Disposal of land 51
70. Formation of companies 52
71. New section 66 inserted 52
66. Transitional--members of Council 52
PART 7--SWINBURNE UNIVERSITY OF TECHNOLOGY 53
72. The Council--its composition and responsibilities 53
73. Composition of Council 54
74. Term of office 56
75. New section 11 substituted 57
11. Filling of vacancies on retirement 57
76. Council's power of removal 57
77. Council member's responsibilities 59
78. Chancellor and Deputy Chancellor 60
79. Staff--dismissal and director of TAFE division 60
iii
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Clause Page
80. New Part 3 substituted 60
PART 3--DIVISIONS, FACULTIES AND BOARDS 60
27. Divisions and faculties, schools and units 60
28. Statutes may prescribe other faculties etc. 61
29. Boards 61
81. Statutes 62
82. Submissions of statutes and regulations to boards 63
83. Disposal of land 63
84. Formation of companies 64
85. New section 70 inserted 64
70. Transitional--members of Council 64
PART 8--UNIVERSITY OF BALLARAT 65
86. The Council--its composition and responsibilities 65
87. Composition of Council 66
88. Term of office 68
89. New section 11 substituted 69
11. Filling of vacancies on retirement 69
90. Council's power of removal 69
91. Council member's responsibilities 71
92. Chancellor and Deputy Chancellor 72
93. Director of TAFE division 72
94. New Part 3 substituted 72
PART 3--DIVISIONS, FACULTIES AND BOARDS 72
27. Divisions and faculties, schools and units 72
28. Statutes may prescribe other faculties etc. 73
29. Boards 73
95. Statutes 74
96. Submissions of statutes and regulations to boards 75
97. Disposal of land 75
98. Formation of companies 75
99. New section 73 inserted 76
73. Transitional--members of Council 76
PART 9--VICTORIAN COLLEGE OF THE ARTS 77
100. The Council--its composition and responsibilities 77
101. Composition of Council 78
102. Term of office 79
103. Council's power of removal 80
104. Automatic vacancies 81
105. President and Deputy President 82
106. Council member's responsibilities 82
107. Powers of Council 83
iv
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Clause Page
108. Statutes and consequential amendment 83
109. Disposal of land 83
110. New section 41 inserted 84
41. Transitional--members of Council 84
PART 10--VICTORIA UNIVERSITY 85
111. Amended purpose 85
112. Definition 85
113. University renamed 85
114. The Council--its composition and responsibilities 85
115. Composition of Council 87
116. Term of office 88
117. New sections 11 and 11A substituted 89
11. Conduct of elections 89
11A. Filling of vacancies on retirement 89
118. Council's power of removal 90
119. Council member's responsibilities 91
120. Chancellor and Deputy Chancellor 92
121. Vice Chancellor 92
122. Staff--dismissal and director of TAFE division 93
123. New Part 3 substituted 93
PART 3--DIVISIONS, FACULTIES AND BOARDS 93
27. Divisions and faculties, schools and units 93
28. Statutes may prescribe other faculties etc. 94
29. Boards 94
124. Statutes 95
125. Submissions of statutes and regulations to boards 96
126. Disposal of land 96
127. Formation of companies 96
128. New Part 6A inserted 97
PART 6A--UNIVERSITY RENAMED AND
TRANSITIONALS 97
49. Change of University's name 97
50. Transitional--members of Council 97
51. Change of name to Vice-Chancellor and President 98
129. Consequential amendments 98
ENDNOTES 99
v
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
PARLIAMENT OF VICTORIA
A BILL
to amend various Acts establishing Victorian universities to make
further provision for their governance and operation and for other
purposes.
Higher Education Acts (Amendment)
Act 2005
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is to amend various
Acts establishing Victorian universities to make
further provision for their governance and
5
operation.
1
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 1--Preliminary
s. 2
2. Commencement
(1) Subject to sub-sections (2) and (3), this Act comes
into operation on a day or days to be proclaimed.
(2) If a provision of this Act, other than sections 58(2)
and (3), 65(2), 66, 68(1) and (2), 72(2) and (3),
5
79(2), 80, 82(1) and (2), 86(2) and (3), 93, 94,
96(1) and (2), 114(2) and (3), 122(2), 123
and 125, does not come into operation before
31 August 2005, it comes into operation on that
day.
10
(3) If section 58(2) and (3), 65(2), 66, 68(1) and (2),
72(2) and (3), 79(2), 80, 82(1) and (2), 86(2) and
(3), 93, 94, 96(1) and (2), 114(2) and (3), 122(2),
123 or 125, do not come into operation before
30 June 2006, the provision comes into operation
15
on that day.
__________________
2
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 2--Deakin University
s. 3
PART 2--DEAKIN UNIVERSITY
3. Definitions
See:
In section 2 of the Deakin University Act 1974-- Act No.
8610.
(a) in the definition of "enrolled student" for Reprint No. 4
"programme of study or course" substitute
5 as at
1 August
"course or unit"; 2003.
LawToday:
(b) in the definition of "post-graduate student" www.dms.
after "for a" insert "graduate certificate,". dpc.vic.
gov.au
4. Objects of the University
In section 5 of the Deakin University Act 1974--
10
(a) in paragraphs (b) and (c) for "external
studies" substitute "distance education";
(b) in paragraph (d)--
(i) for "programmes" substitute "courses";
(ii) for "courses" substitute "units".
15
5. New section 6 substituted
For section 6 of the Deakin University Act 1974
substitute--
"6. Council is the governing body of the
University
20
(1) The Council is the governing body of the
University and has the entire direction and
superintendence of the University.
(2) The primary responsibilities of the Council
include--
25
(a) appointing and monitoring the
performance of the Vice Chancellor as
chief executive officer of the
University;
3
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 2--Deakin University
s. 6
(b) approving the mission and strategic
direction of the University and its
annual budget and business plan;
(c) overseeing and reviewing the
management of the University and its
5
performance;
(d) establishing policy and procedural
principles for the operation of the
University consistent with legal
requirements and community
10
expectations;
(e) approving and monitoring systems of
control and accountability of the
University, including those required to
maintain a general overview of any
15
entity controlled by the University in
accordance with section 50AA of the
Corporations Act;
(f) overseeing and monitoring the
assessment and management of risk
20
across the University, including
commercial undertakings;
(g) overseeing and monitoring the
academic activities of the University;
(h) approving any significant commercial
25
activities of the University.".
6. Composition of Council
(1) For section 7(1B) of the Deakin University Act
1974 substitute--
"(1B) The Governor in Council, the Minister and
30
the Council must have regard to appointing
members to the Council who have--
(a) the knowledge, skills and experience
required for the effective working of
the Council;
35
4
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Higher Education Acts (Amendment) Act 2005
Act No.
Part 2--Deakin University
s. 7
(b) an appreciation of the values of a
University relating to teaching,
research, independence and academic
freedom;
(c) the capacity to recognise the needs of
5
the external community served by the
University.
(1BA) Of the persons appointed under sub-sections
(1)(f) and (1)(h)--
(a) two must be persons with financial expertise
10
with relevant qualifications and experience
in financial management at a senior level;
(b) one must be a person with commercial
expertise at a senior level.".
(2) For section 7(2) of the Deakin University Act
15
1974 substitute--
"(2) At least 12 members of the Council must be
persons who are neither enrolled as a student
nor employed as a member of staff of the
University.
20
(3) A person who is a member of the Parliament
of Victoria or of the Commonwealth or of
any other State or Territory of Australia must
not be elected or appointed to the Council
except under sub-section (1)(h).".
25
7. Term of office
After section 8(1) of the Deakin University Act
1974 insert--
"(1A) Despite sub-section (1)(a)--
(a) the Governor in Council or the Council
30
may appoint a member until
31 December in the year, or in the year
following the year, the member's
appointment takes effect to ensure that
5
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 2--Deakin University
s. 8
2 offices of the members appointed by
the Governor in Council or the Council
(as the case requires) fall vacant each
year;
(b) a member of the Council appointed in
5
accordance with paragraph (a) holds
office for the period specified in his or
her instrument of appointment.
(1B) A member elected or appointed to the
Council is eligible to be re-elected or re-
10
appointed to the Council at the end of the
member's term of office, but not so as to
extend his or her period in office to exceed
12 years of membership (whether
consecutive or not).
15
(1C) Sub-section (1B) does not apply to a member
elected or appointed to the Council whose
membership of the Council exceeds 12 years
if the Council passes a resolution that the
person may continue to be a member beyond
20
that period.".
8. Council's power of removal
(1) After section 9(1A) of the Deakin University Act
1974 insert--
"(2) The office of a member of the Council
25
becomes vacant if the member--
(a) is or becomes disqualified from
managing corporations under Part 2D.6
of the Corporations Act; or
(b) has failed to attend, without the
30
Council's prior approval, 3 consecutive
ordinary meetings of the Council.
6
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 2--Deakin University
s. 8
(2A) Without limiting section 14 and this section
and the powers of the Governor in Council
and the Minister under this section, the
Council may remove a member from office
in accordance with this section.
5
(2B) The Council may only remove a member
from office if it is of the opinion that the
member has failed to comply with the
responsibilities of a member of the Council.
(2C) The Council must not remove a member
10
from office unless--
(a) another member gives notice at an
ordinary meeting of the Council of an
intention to move a motion for the
member to be removed from the
15
Council and sets out in the notice the
grounds for removal; and
(b) the member gives that notice no later
than at the last ordinary meeting of the
Council before the meeting at which the
20
motion to remove the member will be
put to the Council; and
(c) if the member to be removed is not
present at the meeting at which that
notice is given, the Council gives the
25
member written notice of the intention
and sets out in the notice the grounds
for removal; and
(d) the Council gives the member to be
removed an opportunity, at or before
30
the meeting where the motion for
removal is to be considered, to make
submissions in writing or personally
before the Council of the reasons why
the member should not be removed
35
from the Council; and
7
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 2--Deakin University
s. 9
(e) by a majority of two-thirds of the
members present at the meeting, the
Council passes a resolution removing
the member from office on the grounds
stated in the notice given under this
5
section.".
(2) In section 14 of the Deakin University Act 1974,
omit "or without special leave previously granted
by the Council absents himself from all meetings
of the Council during four consecutive months".
10
9. Vacation of office
For section 9(6) of the Deakin University Act
1974 substitute--
"(6) A member of the Council appointed under
section 7(1)(f), (g) or (h) who becomes a
15
member of the staff or a student of the
University ceases to be a member of the
Council and the vacated office shall be filled
in the manner provided for casual
vacancies.".
20
10. New sections 11 and 12 substituted
For sections 11 and 12 of the Deakin University
Act 1974 substitute--
"11. Conduct of elections
Elections of members of the Council are to
25
be conducted in accordance with the
requirements of this Act and the Statutes.
12. Filling of vacancies on retirement
The appointment or election of a person as a
member of the Council to fill a vacancy
30
caused by the retirement of a member at the
end of a term of office--
8
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 2--Deakin University
s. 11
(a) except in the case of members
appointed by the Council, may be made
within 6 months before the date of the
end of the term of office of the retiring
member and takes effect at the end of
5
that term of office; and
(b) in the case of members appointed by
the Council, must be made on or before
the last scheduled meeting of the
Council before the end of the term of
10
office of the retiring member.".
11. New section 16 substituted
For section 16 of the Deakin University Act 1974
substitute--
"16. Election or appointment of Chancellor
15
The members of the Council may appoint or
elect as prescribed a person, whether a
member of the Council or not, to be the
Chancellor of the University for the term and
subject to the conditions that are prescribed
20
by the Statutes.".
12. Council member's responsibilities
(1) In section 19 of the Deakin University Act
1974--
(a) in sub-section (1), for "Council is"
25
substitute "Council must act in the interests
of the University as a whole and is";
(b) in sub-section (2), after "improper use of"
insert "his or her position on the Council
including the improper use of".
30
9
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 2--Deakin University
s. 13
(2) After section 19(2) of the Deakin University Act
1974 insert--
"(3) A member of the Council, in carrying out his
or her functions and duties, must--
(a) act in good faith, honestly and for
5
proper purposes consistent with the
objects and interests of the University;
(b) exercise appropriate care and diligence;
(c) take reasonable steps to avoid all
conflicts of interest unless they are
10
disclosed in accordance with
section 19A.".
(3) In the heading to section 19A of the Deakin
University Act 1974, for "Pecuniary" substitute
"Declaration of".
15
(4) In section 19A(1) of the Deakin University Act
1974, for "a pecuniary interest" substitute "an
interest".
13. Powers of Council
In section 22 of the Deakin University Act 1974
20
omit "and shall have the entire direction and
superintendence of the affairs concerns and
property of the University".
14. Statutes
For section 28(1)(u) of the Deakin University
25
Act 1974 substitute--
"(u) organisations, amenities and services;
(ua) obtaining the opinion of enrolled students
about any matter affecting the student body;
(ub) elections conducted by or on behalf of the
30
Council including voting by post, electronic
voting and preferential voting;".
10
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 2--Deakin University
s. 15
15. Submissions of statutes and regulations to Academic
Board
In section 29 of the Deakin University Act
1974--
(a) in sub-section (1), after "to the Academic
5
Board" (where first occurring) insert "for its
report";
(b) in sub-section (1), in paragraph (a) of the
proviso, after "to the Academic Board"
insert "for its report";
10
(c) in sub-section (1), in paragraph (b) of the
proviso, after "to the Board" insert "for its
report".
16. Disposal of land
In section 33A(2)(a) of the Deakin University
15
Act 1974, for "$1 500 000" substitute
"$3 000 000".
17. Formation of companies
In section 34A of the Deakin University Act
1974--
20
(a) in sub-section (1) after "objects" (where first
and second occurring) insert "or activities";
(b) in sub-section (2) after "objects" (where first
and second occurring) insert "or activities";
(c) in sub-sections (3), (4)(a) and (5)(a) after
25
"objects" (where first occurring) insert "or
activities";
(d) in sub-section (13A) for "objects" (where
twice occurring) substitute "objects,
activities".
30
11
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 2--Deakin University
s. 18
18. New section 41 inserted
After section 40 of the Deakin University Act
1974 insert--
"41. Transitional--members of Council
(1) Section 8(1B) does not apply to a member of
5
the Council appointed or elected before the
commencement of section 7 of the Higher
Education Acts (Amendment) Act 2005
with respect to that appointment or election
but does apply to that member in relation to
10
any further appointment or election to the
Council after that date.
(2) Section 9(6) as in force after the date of
commencement of section 9 of the Higher
Education Acts (Amendment) Act 2005
15
does not apply to a part time member of the
staff or a part time student who was a
member of the Council immediately before
that date with respect to that appointment but
does apply to that member in relation to any
20
further appointment to the Council after that
date.".
__________________
12
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 3--La Trobe University
s. 19
PART 3--LA TROBE UNIVERSITY
19. New section 6 substituted
See:
For section 6 of the La Trobe University Act Act No.
1964 substitute-- 7189.
Reprint No. 5
"6. Council is the governing body of the
5 as at
1 August
University 2003.
LawToday:
(1) The Council is the governing body of the www.dms.
University and has the entire direction and dpc.vic.
gov.au
superintendence of the University.
(2) The primary responsibilities of the Council
10
include--
(a) appointing and monitoring the
performance of the Vice Chancellor as
chief executive officer of the
University;
15
(b) approving the mission and strategic
direction of the University and its
annual budget and business plan;
(c) overseeing and reviewing the
management of the University and its
20
performance;
(d) establishing policy and procedural
principles for the operation of the
University consistent with legal
requirements and community
25
expectations;
(e) approving and monitoring systems of
control and accountability of the
University, including those required to
maintain a general overview of any
30
entity controlled by the University in
accordance with section 50AA of the
Corporations Act;
13
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 3--La Trobe University
s. 20
(f) overseeing and monitoring the
assessment and management of risk
across the University, including
commercial undertakings;
(g) overseeing and monitoring the
5
academic activities of the University;
(h) approving any significant commercial
activities of the University.".
20. Composition of Council
(1) For section 7(4) of the La Trobe University Act
10
1964 substitute--
"(4) The Governor in Council, the Minister and
the Council must have regard to appointing
members to the Council who have--
(a) the knowledge, skills and experience
15
required for the effective working of
the Council;
(b) an appreciation of the values of a
University relating to teaching,
research, independence and academic
20
freedom;
(c) the capacity to recognise the needs of
the external community served by the
University.
(4A) Of the persons appointed under sub-sections
25
(1)(f) and (1)(h)--
(a) two must be persons who have
experience and interests in the Bendigo
region;
(b) one must be a person who has
30
experience and interests in the Albury-
Wodonga region;
14
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 3--La Trobe University
s. 21
(c) two must be persons with financial
expertise with relevant qualifications
and experience in financial
management at a senior level;
(d) one must be a person with commercial
5
expertise at a senior level.".
(2) After section 7(6) of the La Trobe University
Act 1964 insert--
"(7) At least 12 members of the Council must be
persons who are neither enrolled as a student
10
nor employed as a member of staff of the
University.
(8) A person who is a member of the Parliament
of Victoria or of the Commonwealth or of
any other State or Territory of Australia must
15
not be elected or appointed to the Council
except under sub-section (1)(h).".
21. Term of office
After section 8(1) of the La Trobe University
Act 1964 insert--
20
"(1A) Despite sub-section (1)(a)--
(a) the Governor in Council or the Council
may appoint a member until
31 December in the year, or in the year
following the year, the member's
25
appointment takes effect to ensure that
2 offices of the members appointed by
the Governor in Council or the Council
(as the case requires) fall vacant each
year;
30
(b) a member of the Council appointed in
accordance with paragraph (a) holds
office for the period specified in his or
her instrument of appointment.
15
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 3--La Trobe University
s. 22
(1B) A member elected or appointed to the
Council is eligible to be re-elected or re-
appointed to the Council at the end of the
member's term of office, but not so as to
extend his or her period in office to exceed
5
12 years of membership (whether
consecutive or not).
(1C) Sub-section (1B) does not apply to a member
elected or appointed to the Council whose
membership of the Council exceeds 12 years
10
if the Council passes a resolution that the
person may continue to be a member beyond
that period.".
22. Council's power of removal
(1) After section 9(3) of the La Trobe University
15
Act 1964 insert--
"(4) The office of a member of the Council
becomes vacant if the member--
(a) is or becomes disqualified from
managing corporations under Part 2D.6
20
of the Corporations Act; or
(b) has failed to attend, without the
Council's prior approval, 3 consecutive
ordinary meetings of the Council.
(5) Without limiting section 14 and this section
25
and the powers of the Governor in Council
and the Minister under this section, the
Council may remove a member from office
in accordance with this section.
(6) The Council may only remove a member
30
from office if it is of the opinion that the
member has failed to comply with the
responsibilities of a member of the Council.
16
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Higher Education Acts (Amendment) Act 2005
Act No.
Part 3--La Trobe University
s. 22
(7) The Council must not remove a member
from office unless--
(a) another member gives notice at an
ordinary meeting of the Council of an
intention to move a motion for the
5
member to be removed from the
Council and sets out in the notice the
grounds for removal; and
(b) the member gives that notice no later
than at the last ordinary meeting of the
10
Council before the meeting at which the
motion to remove the member will be
put to the Council; and
(c) if the member to be removed is not
present at the meeting at which that
15
notice is given, the Council gives the
member written notice of the intention
and sets out in the notice the grounds
for removal; and
(d) the Council gives the member to be
20
removed an opportunity, at or before
the meeting where the motion for
removal is to be considered, to make
submissions in writing or personally
before the Council of the reasons why
25
the member should not be removed
from the Council; and
(e) by a majority of two-thirds of the
members present at the meeting, the
Council passes a resolution removing
30
the member from office on the grounds
stated in the notice given under this
section.".
17
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Higher Education Acts (Amendment) Act 2005
Act No.
Part 3--La Trobe University
s. 23
(2) In section 14 of the La Trobe University Act
1964, omit "or without special leave previously
granted by the Council absents himself from four
consecutive meetings of the Council".
23. New sections 11 and 12 substituted
5
For sections 11 and 12 of the La Trobe
University Act 1964 substitute--
"11. Conduct of elections
Elections of members of the Council are to
be conducted in accordance with the
10
requirements of this Act and the Statutes.
12. Filling of vacancies on retirement
The appointment or election of a person as a
member of the Council to fill a vacancy
caused by the retirement of a member at the
15
end of a term of office--
(a) except in the case of members
appointed by the Council, may be made
within 6 months before the date of the
end of the term of office of the retiring
20
member and takes effect at the end of
that term of office; and
(b) in the case of members appointed by
the Council, must be made on or before
the last scheduled meeting of the
25
Council before the end of the term of
office of the retiring member.".
18
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Higher Education Acts (Amendment) Act 2005
Act No.
Part 3--La Trobe University
s. 24
24. New section 16 substituted
For section 16 of the La Trobe University Act
1964 substitute--
"16. Election or appointment of Chancellor
The members of the Council may appoint or
5
elect as prescribed a person, whether a
member of the Council or not, to be the
Chancellor of the University for the term and
subject to the conditions that are prescribed
by the Statutes.".
10
25. Council member's responsibilities
(1) In section 19 of the La Trobe University Act
1964--
(a) in sub-section (1), for "Council is"
substitute "Council must act in the interests
15
of the University as a whole and is";
(b) in sub-section (2), after "improper use of"
insert "his or her position on the Council
including the improper use of".
(2) After section 19(2) of the La Trobe University
20
Act 1964 insert--
"(3) A member of the Council, in carrying out his
or her functions and duties, must--
(a) act in good faith, honestly and for
proper purposes consistent with the
25
objects and interests of the University;
(b) exercise appropriate care and diligence;
(c) take reasonable steps to avoid all
conflicts of interest unless they are
disclosed in accordance with
30
section 19A.".
19
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 3--La Trobe University
s. 26
(3) In the heading to section 19A of the La Trobe
University Act 1964, for "Pecuniary" substitute
"Declaration of".
(4) In section 19A(1) of the La Trobe University
Act 1964, for "a pecuniary interest" substitute
5
"an interest".
26. Powers of Council
In section 22 of the La Trobe University Act
1964, omit "and shall have the entire direction
and superintendence of the affairs concerns and
10
property of the University".
27. Statutes
After section 30(1)(v) of the La Trobe University
Act 1964 insert--
"(va) elections conducted by or on behalf of the
15
Council including voting by post, electronic
voting and preferential voting;".
28. Disposal of land
In section 36(6)(a) of the La Trobe University
Act 1964, for "$1 500 000" substitute
20
"$3 000 000".
29. Formation of companies
In section 37A of the La Trobe University Act
1964--
(a) in sub-section (1) for "objects or" (where
25
first and second occurring) substitute
"objects, activities or";
(b) in sub-section (2)(a) after "objects" (where
first occurring) insert "or activities";
(c) in sub-section (11A) for "objects" (where
30
twice occurring) substitute "objects,
activities".
20
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Higher Education Acts (Amendment) Act 2005
Act No.
Part 3--La Trobe University
s. 30
30. New section 45 inserted
After section 44 of the La Trobe University Act
1964 insert--
"45. Transitional--members of Council
Section 8(1B) does not apply to a member of
5
the Council appointed or elected before the
commencement of section 21 of the Higher
Education Acts (Amendment) Act 2005
with respect to that appointment or election
but does apply to that member in relation to
10
any further appointment or election to the
Council after that date.".
__________________
21
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 4--Melbourne University
s. 31
PART 4--MELBOURNE UNIVERSITY
31. Council responsibilities
See: For section 5(1) of the Melbourne University
Act No.
Act 1958 substitute--
6405.
Reprint No. 6
"(1) The Council is the governing body of the
5 as at
1 August
University and has the entire direction and
2003.
superintendence of the University.
LawToday:
www.dms.
(1A) The primary responsibilities of the Council
dpc.vic.
gov.au
include--
(a) appointing and monitoring the
10
performance of the Vice-Chancellor
and Principal as chief executive officer
of the University;
(b) approving the mission and strategic
direction of the University and its
15
annual budget and business plan;
(c) overseeing and reviewing the
management of the University and its
performance;
(d) establishing policy and procedural
20
principles for the operation of the
University consistent with legal
requirements and community
expectations;
(e) approving and monitoring systems of
25
control and accountability of the
University, including those required to
maintain a general overview of any
entity controlled by the University in
accordance with section 50AA of the
30
Corporations Act;
22
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 4--Melbourne University
s. 32
(f) overseeing and monitoring the
assessment and management of risk
across the University, including
commercial undertakings;
(g) overseeing and monitoring the
5
academic activities of the University;
(h) approving any significant commercial
activities of the University.".
32. Composition of Council
(1) In section 5(2)(c) of the Melbourne University
10
Act 1958, for "Chairperson" substitute
"president".
(2) For section 5(4) of the Melbourne University
Act 1958 substitute--
"(4) The Governor in Council, the Minister and
15
the Council must have regard to appointing
members to the Council who have--
(a) the knowledge, skills and experience
required for the effective working of
the Council;
20
(b) an appreciation of the values of a
University relating to teaching,
research, independence and academic
freedom;
(c) the capacity to recognise the needs of
25
the external community served by the
University.
23
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 4--Melbourne University
s. 33
(4A) Of the persons appointed under sub-sections
(2)(f) and (2)(h)--
(a) two must be persons with financial
expertise with relevant qualifications
and experience in financial
5
management at a senior level;
(b) one must be a person with commercial
expertise at a senior level.".
(3) After section 5(5) of the Melbourne University
Act 1958 insert--
10
"(6) At least 12 members of the Council must be
persons who are neither enrolled as a student
nor employed as a member of staff of the
University.
(7) A person who is a member of the Parliament
15
of Victoria or of the Commonwealth or of
any other State or Territory of Australia must
not be elected or appointed to the Council
except under sub-section (2)(h).".
33. Term of office
20
(1) After section 6(1) of the Melbourne University
Act 1958 insert--
"(1A) Despite sub-section (1)(a)--
(a) the Governor in Council or the Council
may appoint a member until
25
31 December in the year, or in the year
following the year, the member's
appointment takes effect to ensure that
2 offices of the members appointed by
the Governor in Council or the Council
30
(as the case requires) fall vacant each
year;
24
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 4--Melbourne University
s. 34
(b) a member of the Council appointed in
accordance with paragraph (a) holds
office for the period specified in his or
her instrument of appointment.
(1B) A member elected or appointed to the
5
Council is eligible to be re-elected or re-
appointed to the Council at the end of the
member's term of office, but not so as to
extend his or her period in office to exceed
12 years of membership (whether
10
consecutive or not).
(1C) Sub-section (1B) does not apply to a member
elected or appointed to the Council whose
membership of the Council exceeds 12 years
if the Council passes a resolution that the
15
person may continue to be a member beyond
that period.
(1D) The office of a member of the Council
becomes vacant if the member--
(a) is or becomes disqualified from
20
managing corporations under Part 2D.6
of the Corporations Act; or
(b) has failed to attend, without the
Council's prior approval, 3 consecutive
ordinary meetings of the Council.".
25
(2) Section 9(b)(v) of the Melbourne University Act
1958 is repealed.
34. New section 6A inserted
After section 6 of the Melbourne University Act
1958 insert--
30
"6A. Council's power of removal
(1) Without limiting section 9 and the powers of
the Governor in Council and the Minister
under section 6, the Council may remove a
25
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 4--Melbourne University
s. 34
member from office in accordance with this
section.
(2) The Council may only remove a member
from office if it is of the opinion that the
member has failed to comply with the
5
responsibilities of a member of the Council.
(3) The Council must not remove a member
from office unless--
(a) another member gives notice at an
ordinary meeting of the Council of an
10
intention to move a motion for the
member to be removed from the
Council and sets out in the notice the
grounds for removal; and
(b) the member gives that notice no later
15
than at the last ordinary meeting of the
Council before the meeting at which the
motion to remove the member will be
put to the Council; and
(c) if the member to be removed is not
20
present at the meeting at which that
notice is given, the Council gives the
member written notice of the intention
and sets out in the notice the grounds
for removal; and
25
(d) the Council gives the member to be
removed an opportunity, at or before
the meeting where the motion for
removal is to be considered, to make
submissions in writing or personally
30
before the Council of the reasons why
the member should not be removed
from the Council; and
26
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 4--Melbourne University
s. 35
(e) by a majority of two-thirds of the
members present at the meeting, the
Council passes a resolution removing
the member from office on the grounds
stated in the notice given under this
5
section.".
35. New sections 7 and 7A substituted
For section 7 of the Melbourne University Act
1958 substitute--
"7. Conduct of elections
10
Elections of members of the Council are to
be conducted in accordance with the
requirements of this Act and the statutes.
7A. Filling of vacancies on retirement
The appointment or election of a person as a
15
member of the Council to fill a vacancy
caused by the retirement of a member at the
end of a term of office--
(a) except in the case of members
appointed by the Council, may be made
20
within 6 months before the date of the
end of the term of office of the retiring
member and takes effect at the end of
that term of office; and
(b) in the case of members appointed by
25
the Council, must be made on or before
the last scheduled meeting of the
Council before the end of the term of
office of the retiring member.".
27
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 4--Melbourne University
s. 36
36. Election or appointment of Chancellor
In section 11 of the Melbourne University Act
1958--
(a) in sub-section (1), after "elect" insert
"or appoint";
5
(b) sub-sections (2) and (5) are repealed.
37. Council member's responsibilities
(1) In section 13 of the Melbourne University Act
1958--
(a) in sub-section (1), for "council is" substitute
10
"council must act in the interests of the
University as a whole and is";
(b) in sub-section (2), after "improper use of"
insert "his or her position on the council
including the improper use of".
15
(2) After section 13(2) of the Melbourne University
Act 1958 insert--
"(3) A member of the council, in carrying out his
or her functions and duties, must--
(a) act in good faith, honestly and for
20
proper purposes consistent with the
objects and interests of the University;
(b) exercise appropriate care and diligence;
(c) take reasonable steps to avoid all
conflicts of interest unless they are
25
disclosed in accordance with
section 13A.".
(3) In the heading to section 13A of the Melbourne
University Act 1958, for "Pecuniary" substitute
"Declaration of".
30
(4) In section 13A(1) of the Melbourne University
Act 1958, for "a pecuniary interest" substitute
"an interest".
28
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 4--Melbourne University
s. 38
38. Staff and management of University
(1) For section 15(1) of the Melbourne University
Act 1958 substitute--
"(1) Subject to this Act and the statutes and
regulations, the Council may on any terms
5
and conditions that it determines, employ
persons in teaching or other positions in the
University.
(1AA) The council may terminate the employment
of any member of staff employed by it.".
10
(2) In section 15(1A) of the Melbourne University
Act 1958, for "sub-section (1)" substitute
"section 5(1)".
(3) In section 15(3) of the Melbourne University Act
1958--
15
(a) in paragraph (a) for "two" substitute "one or
more";
(b) in paragraph (b) for "each of the pro-vice-
chancellors" substitute "a pro-vice-
chancellor".
20
39. References to president of academic board
In the Melbourne University Act 1958--
(a) in sections 15(3)(a) and 30(4) for "chairman"
substitute "president";
(b) in section 28A(1) for "chairperson"
25
substitute "president".
29
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 4--Melbourne University
s. 40
40. Statutes and consequential amendment
(1) After section 17(1)(s) of the Melbourne
University Act 1958 insert--
"(sa) elections conducted by or on behalf of the
Council including voting by post, electronic
5
voting, proportional representation and
preferential voting;".
(2) Section 23(3) of the Melbourne University Act
1958 is repealed.
41. Disposal of land
10
In section 41B(2)(a) of the Melbourne
University Act 1958, for "$1 500 000" substitute
"$3 000 000".
42. Formation of companies
In sections 40A(1) and 40B(1) of the Melbourne
15
University Act 1958 after "objects" (where first
and second occurring) insert ", activities".
43. New sections 50 and 51 inserted
After section 49 of the Melbourne University
Act 1958--
20
"50. Change of name to president of academic
board
(1) The office of chairperson of the academic
board and the title of the person holding that
office, whether described as chairman,
25
chairperson or president is to be called the
president of the academic board.
(2) The office of president of the academic
board and the person holding that office
continues to be the same after as before the
30
change of name and no act, matter or thing is
affected by that change.
30
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 4--Melbourne University
s. 43
51. Transitional--members of Council
Section 6(1B) does not apply to a member of
the Council appointed or elected
immediately before the commencement of
section 33 of the Higher Education Acts
5
(Amendment) Act 2005 with respect to that
appointment or election but does apply to
that member in relation to any further
appointment or election to the Council after
that date.".
10
__________________
31
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 5--Monash University
s. 44
PART 5--MONASH UNIVERSITY
44. Council responsibilities
See: For section 6 of the Monash University Act 1958
Act No.
substitute--
6184.
Reprint No. 5
"6. Council responsibilities
5 as at
1 August
(1) The Council is the governing body of the
2003.
LawToday:
University and has the entire direction and
www.dms.
superintendence of the University.
dpc.vic.
gov.au
(2) The primary responsibilities of the Council
include--
10
(a) appointing and monitoring the
performance of the Vice Chancellor as
chief executive officer of the
University;
(b) approving the mission and strategic
15
direction of the University and its
annual budget and business plan;
(c) overseeing and reviewing the
management of the University and its
performance;
20
(d) establishing policy and procedural
principles for the operation of the
University consistent with legal
requirements and community
expectations;
25
(e) approving and monitoring systems of
control and accountability of the
University, including those required to
maintain a general overview of any
entity controlled by the University in
30
accordance with section 50AA of the
Corporations Act;
32
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 5--Monash University
s. 45
(f) overseeing and monitoring the
assessment and management of risk
across the University, including
commercial undertakings;
(g) overseeing and monitoring the
5
academic activities of the University;
(h) approving any significant commercial
activities of the University.".
45. Composition of Council
(1) For section 7(4) of the Monash University Act
10
1958 substitute--
"(4) The Governor in Council, the Minister and
the Council must have regard to appointing
members to the Council who have--
(a) the knowledge, skills and experience
15
required for the effective working of
the Council;
(b) an appreciation of the values of a
University relating to teaching,
research, independence and academic
20
freedom;
(c) the capacity to recognise the needs of
the external community served by the
University.
(4A) Of the persons appointed under sub-sections
25
(1)(f) and (1)(h)--
(a) two must be persons with financial
expertise with relevant qualifications
and experience in financial
management at a senior level;
30
(b) one must be a person with commercial
expertise at a senior level.".
33
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 5--Monash University
s. 46
(2) After section 7(5) of the Monash University Act
1958 insert--
"(6) At least 12 members of the Council must be
persons who are neither enrolled as a student
nor employed as a member of staff of the
5
University.
(7) A person who is a member of the Parliament
of Victoria or of the Commonwealth or of
any other State or Territory of Australia must
not be elected or appointed to the Council
10
except under sub-section (1)(h).".
46. Term of office
After section 8(1) of the Monash University Act
1958 insert--
"(1A) Despite sub-section (1)(a)--
15
(a) the Governor in Council or the Council
may appoint a member until
31 December in the year, or in the year
following the year, the member's
appointment takes effect to ensure that
20
2 offices of the members appointed by
the Governor in Council or the Council
(as the case requires) fall vacant each
year;
(b) a member of the Council appointed in
25
accordance with paragraph (a) holds
office for the period specified in his or
her instrument of appointment.
(1B) A member elected or appointed to the
Council is eligible to be re-elected or re-
30
appointed to the Council at the end of the
member's term of office, but not so as to
extend his or her period in office to exceed
12 years (whether consecutive or not).
34
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 5--Monash University
s. 47
(1C) Sub-section (1B) does not apply to a member
elected or appointed to the Council whose
membership of the Council exceeds 12 years
if the Council passes a resolution that the
person may continue to be a member beyond
5
that period.".
47. Automatic vacation of office
(1) After section 9(4) of the Monash University Act
1958 insert--
"(5) The office of a member of the Council
10
becomes vacant if the member--
(a) is or becomes disqualified from
managing corporations under Part 2D.6
of the Corporations Act; or
(b) has failed to attend, without the
15
Council's prior approval, 3 consecutive
ordinary meetings of the Council.".
(2) In section 14 of the Monash University Act 1958
omit "or absents himself from three consecutive
meetings of the Council (being ordinary meetings
20
within the meaning of the statutes) without special
leave granted by the Council at or before the last
of those meetings,".
48. New sections 10, 11 and 12 substituted
For sections 10, 11 and 12 of the Monash
25
University Act 1958 substitute--
"10. Council's power of removal
(1) Without limiting sections 9 and 14 and the
powers of the Governor in Council under
section 9, the Council may remove a member
30
from office in accordance with this section.
35
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 5--Monash University
s. 48
(2) The Council may only remove a member
from office if it is of the opinion that the
member has failed to comply with the
responsibilities of a member of the Council.
(3) The Council must not remove a member
5
from office unless--
(a) another member gives notice at an
ordinary meeting of the Council of an
intention to move a motion for the
member to be removed from the
10
Council and sets out in the notice the
grounds for removal; and
(b) the member gives that notice no later
than at the last ordinary meeting of the
Council before the meeting at which the
15
motion to remove the member will be
put to the Council; and
(c) if the member to be removed is not
present at the meeting at which that
notice is given, the Council gives the
20
member written notice of the intention
and sets out in the notice the grounds
for removal; and
(d) the Council gives the member to be
removed an opportunity, at or before
25
the meeting where the motion for
removal is to be considered, to make
submissions in writing or personally
before the Council of the reasons why
the member should not be removed
30
from the Council; and
36
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 5--Monash University
s. 49
(e) by a majority of two-thirds of the
members present at the meeting, the
Council passes a resolution removing
the member from office on the grounds
stated in the notice given under this
5
section.
11. Conduct of elections
Elections of members of the Council are to
be conducted in accordance with the
requirements of this Act and the Statutes.
10
12. Filling of vacancies on retirement
The appointment or election of a person as a
member of the Council to fill a vacancy
caused by the retirement of a member at the
end of a term of office--
15
(a) except in the case of members
appointed by the Council, may be made
within 6 months before the date of the
end of the term of office of the retiring
member and takes effect at the end of
20
that term of office; and
(b) in the case of members appointed by
the Council must be made on or before
the last scheduled meeting of the
Council before the end of the term of
25
office of the retiring member.".
49. Election or appointment of Chancellor
In section 16 of the Monash University Act
1958--
(a) in sub-section (1) after "elect" insert
30
"or appoint";
(b) sub-sections (2) and (3) are repealed.
37
551277B.I1-20/4/2005 BILL LA INTRODUCTION 20/4/2005
Higher Education Acts (Amendment) Act 2005
Act No.
Part 5--Monash University
s. 50
50. Council member's responsibilities
(1) In section 19 of the Monash University Act
1958--
(a) in sub-section (1), for "Council is"
substitute "Council must act in the interests
5
of the University as a whole and is";
(b) in sub-section (2), after "improper use of"
insert "his or her position on the Council
including the improper use of".
(2) After section 19(2) of the Monash University Act
10
1958 insert--
"(3) A member of the Council, in carrying out his
or her functions and duties, must--
(a) act in good faith, honestly and for
proper purposes consistent with the
15
objects and interests of the University;
(b) exercise appropriate care and diligence;
(c) take reasonable steps to avoid all
conflicts of interest unless they are
disclosed in accordance with section
20
19A.".
(3) In the heading to section 19A of the Monash
University Act 1958, for "Pecuniary" substitute
"Declaration of".
(4) In section 19A(1) of the Monash University Act
25
1958, for "a pecuniary interest" substitute "an
interest".
51. Staff and management of University
In section 22 of the Monash University Act
1958, omit "and shall have the entire direction
30
and superintendence of the affairs concerns and
property of the University.".
38
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Act No.
Part 5--Monash University
s. 52
52. Membership of academic board
In section 26(1) of the Monash University Act
1958, for "the Chief Librarian, the Director of the
Computer Centre at" substitute "the heads of
academic support units of".
5
53. Statutes and consequential amendments
(1) After section 28(1)(n) of the Monash University
Act 1958 insert--
"(na) elections conducted by or on behalf of the
Council including voting by post, electronic
10
voting and preferential voting;".
(2) Section 17(3) of the Monash University Act
1958 is repealed.
54. Disposal of land
In section 35AA(2)(a) of the Monash University
15
Act 1958, for "$1 500 000" substitute
"$3 000 000".
55. Formation of companies
In section 35B of the Monash University Act
1958--
20
(a) in sub-section (1) after "objects" (where first
and second occurring) insert "or activities";
(b) in sub-section (2) after "objects" (wherever
occurring) insert "or activities";
(c) in sub-sections (3), (4)(a) and (5)(a) after
25
"objects" (where first occurring) insert "or
activities";
(d) in sub-section (13A) for "objects" (where
twice occurring) substitute "objects,
activities".
30
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Act No.
Part 5--Monash University
s. 56
56. Places of living for undergraduate students
Section 39 of the Monash University Act 1958 is
repealed.
57. New section 45 inserted
After section 44 of the Monash University Act
5
1958 insert--
"45. Transitional--members of Council
Section 8(1B) does not apply to a member of
the Council appointed or elected
immediately before the commencement of
10
section 46 of the Higher Education Acts
(Amendment) Act 2005 with respect to that
appointment or election but does apply to
that member in relation to any further
appointment or election to the Council after
15
that date.".
__________________
40
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Higher Education Acts (Amendment) Act 2005
Act No.
Part 6--RMIT University
s. 58
PART 6--RMIT UNIVERSITY
58. The Council--its composition and responsibilities
See:
(1) After section 7(1) of the Royal Melbourne Act No.
Institute of Technology Act 1992 insert-- 45/1992.
Reprint No. 4
"(1A) The primary responsibilities of the Council
5 as at
1 August
include-- 2003.
LawToday:
(a) appointing and monitoring the www.dms.
performance of the Vice-Chancellor as dpc.vic.
gov.au
chief executive officer of the
University;
10
(b) approving the mission and strategic
direction of the University and its
annual budget and business plan;
(c) overseeing and reviewing the
management of the University and its
15
performance;
(d) establishing policy and procedural
principles for the operation of the
University consistent with legal
requirements and community
20
expectations;
(e) approving and monitoring systems of
control and accountability of the
University, including those required to
maintain a general overview of any
25
entity controlled by the University in
accordance with section 50AA of the
Corporations Act;
(f) overseeing and monitoring the
assessment and management of risk
30
across the University, including
commercial undertakings;
41
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Higher Education Acts (Amendment) Act 2005
Act No.
Part 6--RMIT University
s. 59
(g) overseeing and monitoring the
academic activities of the University;
(h) approving any significant commercial
activities of the University.".
(2) For section 7(2)(c) and (d) of the Royal
5
Melbourne Institute of Technology Act 1992
substitute--
"(c) two persons elected by the board or boards
established under the Statutes to be
responsible for academic programs and
10
courses of study in higher education and
technical and further education in the
University;".
(3) In section 7(3) of the Royal Melbourne Institute
of Technology Act 1992, for "the Chairperson of
15
the Academic Board" substitute "one of the
persons elected under sub-section (2)(c)".
59. Members of Council
(1) For section 7(4) of the Royal Melbourne
Institute of Technology Act 1992 substitute--
20
"(4) The Governor in Council, the Minister and
the Council must have regard to appointing
members to the Council who have--
(a) the knowledge, skills and experience
required for the effective working of
25
the Council;
(b) an appreciation of the values of a
University relating to teaching,
research, independence and academic
freedom;
30
(c) the capacity to recognise the needs of
the external community served by the
University.
42
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Act No.
Part 6--RMIT University
s. 60
(4A) Of the persons appointed under sub-sections
(2)(g) and (2)(i)--
(a) two must be persons with financial
expertise with relevant qualifications
and experience in financial
5
management at a senior level;
(b) one must be a person with commercial
expertise at a senior level;
(c) one must be a person who has
substantial knowledge or experience of
10
vocational education and training.".
(2) For section 7(7) of the Royal Melbourne
Institute of Technology Act 1992 substitute--
"(7) At least 12 members of the Council must be
persons who are neither enrolled as a student
15
nor employed as a member of staff of the
University.
(8) A person who is a member of the Parliament
of Victoria or of the Commonwealth or of
any other State or Territory of Australia must
20
not be elected or appointed to the Council
except under sub-section (2)(i).
(9) Elections of members of the Council are to
be conducted in accordance with the
requirements of this Act and the Statutes.".
25
60. Term of office
After section 8(1) of the Royal Melbourne
Institute of Technology Act 1992 insert--
"(1A) Despite sub-section (1)(a)--
(a) the Governor in Council or the Council
30
may appoint a member until
31 December in the year, or in the year
following the year, the member's
appointment takes effect to ensure that
43
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Act No.
Part 6--RMIT University
s. 61
2 offices of the members appointed by
the Governor in Council or the Council
(as the case requires) fall vacant each
year;
(b) a member of the Council appointed in
5
accordance with paragraph (a) holds
office for the period specified in his or
her instrument of appointment.
(1B) A member elected or appointed to the
Council is eligible to be re-elected or
10
re-appointed to the Council at the end of the
member's term of office, but not so as to
extend his or her period in office to exceed
12 years of membership (whether
consecutive or not).
15
(1C) Sub-section (1B) does not apply to a member
elected or appointed to the Council whose
membership of the Council exceeds 12 years
if the Council passes a resolution that the
person may continue to be a member beyond
20
that period.".
61. New section 11 substituted
For section 11 of the Royal Melbourne Institute
of Technology Act 1992 substitute--
"11. Filling of vacancies on retirement
25
The appointment or election of a person as a
member of the Council to fill a vacancy
caused by the retirement of a member at the
end of a term of office--
(a) except in the case of members
30
appointed by the Council, may be made
within 6 months before the date of the
end of the term of office of the retiring
member and takes effect at the end of
that term of office; and
35
44
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Higher Education Acts (Amendment) Act 2005
Act No.
Part 6--RMIT University
s. 62
(b) in the case of members appointed by
the Council, must be made on or before
the last scheduled meeting of the
Council before the end of the term of
office of the retiring member.".
5
62. Council's power of removal
For section 13(3) and (4) of the Royal Melbourne
Institute of Technology Act 1992 substitute--
"(3) The office of a member of the Council
becomes vacant if the member--
10
(a) is or becomes disqualified from
managing corporations under Part 2D.6
of the Corporations Act; or
(b) has failed to attend, without the
Council's prior approval, 3 consecutive
15
ordinary meetings of the Council.
(4) Without limiting section 9 and this section
and the powers of the Governor in Council
and the Minister under section 9, the Council
may remove a member from office in
20
accordance with this section.
(5) The Council may only remove a member
from office if it is of the opinion that the
member has failed to comply with the
responsibilities of a member of the Council.
25
(6) The Council must not remove a member
from office unless--
(a) another member gives notice at an
ordinary meeting of the Council of an
intention to move a motion for the
30
member to be removed from the
Council and sets out in the notice the
grounds for removal; and
45
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Act No.
Part 6--RMIT University
s. 63
(b) the member gives that notice no later
than at the last ordinary meeting of the
Council before the meeting at which the
motion to remove the member will be
put to the Council; and
5
(c) if the member to be removed is not
present at the meeting at which that
notice is given, the Council gives the
member written notice of the intention
and sets out in the notice the grounds
10
for removal; and
(d) the Council gives the member to be
removed an opportunity, at or before
the meeting where the motion for
removal is to be considered, to make
15
submissions in writing or personally
before the Council of the reasons why
the member should not be removed
from the Council; and
(e) by a majority of two-thirds of the
20
members present at the meeting, the
Council passes a resolution removing
the member from office on the grounds
stated in the notice given under this
section.".
25
63. Council member's responsibilities
(1) Insert the following heading to section 16 of the
Royal Melbourne Institute of Technology Act
1992--
"Declaration of interests".
30
(2) In section 16(1) of the Royal Melbourne
Institute of Technology Act 1992, for "a
pecuniary interest" substitute "an interest".
46
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Higher Education Acts (Amendment) Act 2005
Act No.
Part 6--RMIT University
s. 64
(3) In section 16A of the Royal Melbourne Institute
of Technology Act 1992--
(a) in sub-section (1), for "Council is"
substitute "Council must act in the interests
of the University as a whole and is";
5
(b) in sub-section (2), after "improper use of"
insert "his or her position on the Council
including the improper use of".
(4) After section 16A(2) of the Royal Melbourne
Institute of Technology Act 1992 insert--
10
"(3) A member of the Council, in carrying out his
or her functions and duties, must--
(a) act in good faith, honestly and for
proper purposes consistent with the
objects and interests of the University;
15
(b) exercise appropriate care and diligence;
(c) take reasonable steps to avoid all
conflicts of interest unless they are
disclosed in accordance with
section 16.".
20
64. Chancellor and Deputy Chancellor
In section 22 of the Royal Melbourne Institute
of Technology Act 1992--
(a) in sub-sections (1) and (4), after "elect"
insert "or appoint";
25
(b) in sub-sections (3) and (5) after "re-elected"
insert "or re-appointed".
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s. 65
65. Staff--dismissal and director of TAFE division
(1) For section 25(2) of the Royal Melbourne
Institute of Technology Act 1992 substitute--
"(2) The Council may terminate the employment
of any member of staff employed by it.".
5
(2) In section 25(4) of the Royal Melbourne
Institute of Technology Act 1992--
(a) for "the Technical and Further Education
Division of the University" (wherever
occurring) substitute "any division of the
10
University responsible for Technical and
Further Education";
(b) for "in that Division" substitute "in that
division".
66. New Part 3 substituted
15
For Parts 3 and 4 of the Royal Melbourne
Institute of Technology Act 1992 substitute--
"PART 3--DIVISIONS, FACULTIES AND
BOARDS
27. Divisions and faculties, schools and units
20
(1) There shall be a Division or Divisions of the
University providing for technical and
further education and higher education as
prescribed by the Statutes.
(2) There shall be such faculties, schools or
25
other academic units within a Division as are
prescribed by the Statutes.
(3) The composition, constitution, powers and
duties of a faculty, school or other academic
unit in a Division are as prescribed.
30
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s. 66
28. Statutes may prescribe other faculties etc.
(1) In addition to the requirements of section 27,
there shall be such faculties, schools or other
academic units within the University as are
prescribed.
5
(2) The composition, constitution, powers and
duties of a faculty, school or other academic
unit are as prescribed.
(3) The Council shall appoint a head of each
faculty, school or other academic unit.
10
(4) The head of a faculty, school or other
academic unit has such powers and duties as
the Council determines.
29. Boards
(1) The Statutes must provide for a board or
15
boards to be responsible for academic
programs and courses of study in higher
education and technical and further
education for the purposes of academic
oversight of prescribed academic programs
20
and courses of study of higher education and
technical and further education, including the
provision of advice to the Council on the
conduct and content of prescribed academic
programs and courses of study of higher
25
education and technical and further
education and the awarding of degrees and
diplomas, certificates and other awards.
(2) A board is to consist of the prescribed
number of members each of whom is elected
30
or appointed as prescribed by the Statutes.
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Part 6--RMIT University
s. 67
(3) A board--
(a) may discuss and submit to the Council
an opinion on any matter relating to
prescribed programs of the University
and, in particular, may make to the
5
Council any recommendations that it
thinks proper with respect to planning
and funding of education activities,
instruction, studies, discipline,
examinations, assessments, research,
10
degrees, diplomas, certificates and
other awards in those programs of the
University; and
(b) must report to the Council on all
matters submitted to it by the Council
15
for report; and
(c) has such other powers and duties as are
conferred or imposed upon it by this
Act or by the Statutes or regulations;
and
20
(d) subject to this Act and, except as
otherwise prescribed by the Statutes
and regulations, may regulate its own
proceedings.".
67. Statutes
25
After section 33(1)(k) of the Royal Melbourne
Institute of Technology Act 1992 insert--
"(ka) elections conducted by or on behalf of the
Council including voting by post, electronic
voting and preferential voting;".
30
50
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Higher Education Acts (Amendment) Act 2005
Act No.
Part 6--RMIT University
s. 68
68. Submissions of statutes and regulations to boards
(1) In section 34(1) of the Royal Melbourne
Institute of Technology Act 1992--
(a) for "programs or studies referred to in
section 28(1) or 32(1)" substitute "programs
5
or courses of study in higher education or
technical and further education";
(b) for "the Academic Board or the Board of
Technical Studies" substitute "a board
established under the Statutes to be
10
responsible for those programs or courses of
study".
(2) In section 34(4) of the Royal Melbourne
Institute of Technology Act 1992--
(a) for "the Academic Board or Board of
15
Technical Studies" (where first occurring)
substitute "a board";
(b) for "the Academic Board or Board of
Technical Studies" (where second occurring)
substitute "the board".
20
(3) After section 34(4) of the Royal Melbourne
Institute of Technology Act 1992 insert--
"(5) If a proposal adopts without alteration or
without substantial alteration a
recommendation or report of the board that
25
the proposal was submitted to, the Council is
not required to submit the proposal to the
board again for a further report.".
69. Disposal of land
In section 37(7) of the Royal Melbourne
30
Institute of Technology Act 1992--
(a) in paragraph (a) for "$1 500 000" substitute
"$3 000 000";
(b) in paragraph (b) for "(4)" substitute "(3)".
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Act No.
Part 6--RMIT University
s. 70
70. Formation of companies
In section 39 of the Royal Melbourne Institute
of Technology Act 1992--
(a) in sub-section (1) after "objects" (where first
and second occurring) insert "or activities";
5
(b) in sub-section (2) after "objects" (wherever
occurring) insert "or activities";
(c) in sub-sections (3), (4)(a) and (5)(a) after
"objects" (where first occurring) insert "or
activities";
10
(d) in sub-section (14) for "objects" (where
twice occurring) substitute "objects,
activities".
71. New section 66 inserted
After section 65 of the Royal Melbourne
15
Institute of Technology Act 1992 insert--
"66. Transitional--members of Council
Section 8(1B) does not apply to a member of
the Council appointed or elected
immediately before the commencement of
20
section 60 of the Higher Education Acts
(Amendment) Act 2005 with respect to that
appointment or election but does apply to
that member in relation to any further
appointment or election to the Council after
25
that date.".
__________________
52
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Higher Education Acts (Amendment) Act 2005
Act No.
Part 7--Swinburne University of Technology
s. 72
PART 7--SWINBURNE UNIVERSITY OF TECHNOLOGY
72. The Council--its composition and responsibilities
See:
(1) After section 7(1) of the Swinburne University Act No.
of Technology Act 1992 insert-- 44/1992.
Reprint No. 4
"(1A) The primary responsibilities of the Council
5 as at
1 August
include-- 2003.
LawToday:
(a) appointing and monitoring the www.dms.
performance of the Vice Chancellor as dpc.vic.
gov.au
chief executive officer of the
University;
10
(b) approving the mission and strategic
direction of the University and its
annual budget and business plan;
(c) overseeing and reviewing the
management of the University and its
15
performance;
(d) establishing policy and procedural
principles for the operation of the
University consistent with legal
requirements and community
20
expectations;
(e) approving and monitoring systems of
control and accountability of the
University, including those required to
maintain a general overview of any
25
entity controlled by the University in
accordance with section 50AA of the
Corporations Act;
(f) overseeing and monitoring the
assessment and management of risk
30
across the University, including
commercial undertakings;
53
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Higher Education Acts (Amendment) Act 2005
Act No.
Part 7--Swinburne University of Technology
s. 73
(g) overseeing and monitoring the
academic activities of the University;
(h) approving any significant commercial
activities of the University.".
(2) For section 7(2)(c) and (d) of the Swinburne
5
University of Technology Act 1992 substitute--
"(c) two persons elected by the board or boards
established under the Statutes to be
responsible for academic programs and
courses of study in higher education and
10
technical and further education in the
University;".
(3) In section 7(3) of the Swinburne University of
Technology Act 1992, for "the Chairperson of the
Academic Board" substitute "one of the persons
15
elected under sub-section (2)(c)".
73. Composition of Council
(1) For section 7(4) of the Swinburne University of
Technology Act 1992 substitute--
"(4) The Governor in Council, the Minister and
20
the Council must have regard to appointing
members to the Council who have--
(a) the knowledge, skills and experience
required for the effective working of
the Council;
25
(b) an appreciation of the values of a
University relating to teaching,
research, independence and academic
freedom;
(c) the capacity to recognise the needs of
30
the external community served by the
University.
54
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Act No.
Part 7--Swinburne University of Technology
s. 73
(4A) Of the persons appointed under sub-sections
(2)(g) and (2)(i)--
(a) two must be persons with financial
expertise with relevant qualifications
and experience in financial
5
management at a senior level;
(b) one must be a person with commercial
expertise at a senior level;
(c) one must be a person who has
substantial knowledge or experience of
10
vocational education and training;
(d) one must be a person who resides in the
Outer Eastern Region of Melbourne.".
(2) For section 7(7) of the Swinburne University of
Technology Act 1992 substitute--
15
"(7) At least 12 members of the Council must be
persons who are neither enrolled as a student
nor employed as a member of staff of the
University.
(8) A person who is a member of the Parliament
20
of Victoria or of the Commonwealth or of
any other State or Territory of Australia must
not be elected or appointed to the Council
except under sub-section (2)(i).
(9) Elections of members of the Council are to
25
be conducted in accordance with the
requirements of this Act and the Statutes.".
55
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Act No.
Part 7--Swinburne University of Technology
s. 74
74. Term of office
After section 8(1) of the Swinburne University
of Technology Act 1992 insert--
"(1A) Despite sub-section (1)(a)--
(a) the Governor in Council or the Council
5
may appoint a member until
31 December in the year, or in the year
following the year, the member's
appointment takes effect to ensure that
2 offices of the members appointed by
10
the Governor in Council or the Council
(as the case requires) fall vacant each
year;
(b) a member of the Council appointed in
accordance with paragraph (a) holds
15
office for the period specified in his or
her instrument of appointment.
(1B) A member elected or appointed to the
Council is eligible to be re-elected or re-
appointed to the Council at the end of the
20
member's term of office, but not so as to
extend his or her period in office to exceed
12 years of membership (whether
consecutive or not).
(1C) Sub-section (1B) does not apply to a member
25
elected or appointed to the Council whose
membership of the Council exceeds 12 years
if the Council passes a resolution that the
person may continue to be a member beyond
that period.".
30
56
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Part 7--Swinburne University of Technology
s. 75
75. New section 11 substituted
For section 11 of the Swinburne University of
Technology Act 1992 substitute--
"11. Filling of vacancies on retirement
The appointment or election of a person as a
5
member of the Council to fill a vacancy
caused by the retirement of a member at the
end of a term of office--
(a) except in the case of members
appointed by the Council, may be made
10
within 6 months before the date of the
end of the term of office of the retiring
member and takes effect at the end of
that term of office; and
(b) in the case of members appointed by
15
the Council, must be made on or before
the last scheduled meeting of the
Council before the end of the term of
office of the retiring member.".
76. Council's power of removal
20
For section 13(3) and (4) of the Swinburne
University of Technology Act 1992 substitute--
"(3) The office of a member of the Council
becomes vacant if the member--
(a) is or becomes disqualified from
25
managing corporations under Part 2D.6
of the Corporations Act; or
(b) has failed to attend, without the
Council's prior approval, 3 consecutive
ordinary meetings of the Council.
30
57
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Act No.
Part 7--Swinburne University of Technology
s. 76
(4) Without limiting section 9 and this section
and the powers of the Governor in Council
and the Minister under section 9, the Council
may remove a member from office in
accordance with this section.
5
(5) The Council may only remove a member
from office if it is of the opinion that the
member has failed to comply with the
responsibilities of a member of the Council.
(6) The Council must not remove a member
10
from office unless--
(a) another member gives notice at an
ordinary meeting of the Council of an
intention to move a motion for the
member to be removed from the
15
Council and sets out in the notice the
grounds for removal; and
(b) the member gives that notice no later
than at the last ordinary meeting of the
Council before the meeting at which the
20
motion to remove the member will be
put to the Council; and
(c) if the member to be removed is not
present at the meeting at which that
notice is given, the Council gives the
25
member written notice of the intention
and sets out in the notice the grounds
for removal; and
(d) the Council gives the member to be
removed an opportunity, at or before
30
the meeting where the motion for
removal is to be considered, to make
submissions in writing or personally
before the Council of the reasons why
the member should not be removed
35
from the Council; and
58
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Part 7--Swinburne University of Technology
s. 77
(e) by a majority of two-thirds of the
members present at the meeting, the
Council passes a resolution removing
the member from office on the grounds
stated in the notice given under this
5
section.".
77. Council member's responsibilities
(1) Insert the following heading to section 16 of the
Swinburne University of Technology Act
1992--
10
"Declaration of interests".
(2) In section 16(1) of the Swinburne University of
Technology Act 1992, for "a pecuniary interest"
substitute "an interest".
(3) In section 16A of the Swinburne University of
15
Technology Act 1992--
(a) in sub-section (1), for "Council is"
substitute "Council must act in the interests
of the University as a whole and is";
(b) in sub-section (2), after "improper use of"
20
insert "his or her position on the Council
including the improper use of".
(4) After section 16A(2) of the Swinburne
University of Technology Act 1992 insert--
"(3) A member of the Council, in carrying out his
25
or her functions and duties, must--
(a) act in good faith, honestly and for
proper purposes consistent with the
objects and interests of the University;
(b) exercise appropriate care and diligence;
30
(c) take reasonable steps to avoid all
conflicts of interest unless they are
disclosed in accordance with
section 16.".
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Act No.
Part 7--Swinburne University of Technology
s. 78
78. Chancellor and Deputy Chancellor
In section 22 of the Swinburne University of
Technology Act 1992--
(a) in sub-sections (1) and (4), after "elect"
insert "or appoint";
5
(b) in sub-sections (3) and (5) after "re-elected"
insert "or re-appointed".
79. Staff--dismissal and director of TAFE division
(1) For section 25(2) of the Swinburne University of
Technology Act 1992 substitute--
10
"(2) The Council may terminate the employment
of any member of staff employed by it.".
(2) In section 25(4) of the Swinburne University of
Technology Act 1992--
(a) for "the Technical and Further Education
15
Division of the University" (wherever
occurring) substitute "a division of the
University responsible for Technical and
Further Education";
(b) for "in that Division" substitute "in that
20
division".
80. New Part 3 substituted
For Parts 3 and 4 of the Swinburne University of
Technology Act 1992 substitute--
"PART 3--DIVISIONS, FACULTIES AND
25
BOARDS
27. Divisions and faculties, schools and units
(1) There shall be a Division or Divisions of the
University providing for technical and
further education and higher education as
30
prescribed by the Statutes.
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Act No.
Part 7--Swinburne University of Technology
s. 80
(2) There shall be such faculties, schools or
other academic units within a Division as are
prescribed by the Statutes.
(3) The composition, constitution, powers and
duties of a faculty, school or other academic
5
unit in a Division are as prescribed.
28. Statutes may prescribe other faculties etc.
(1) In addition to the requirements of section 27,
there shall be such faculties, schools or other
academic units within the University as are
10
prescribed.
(2) The composition, constitution, powers and
duties of a faculty, school or other academic
unit are as prescribed.
(3) The Council shall appoint a head of each
15
faculty, school or other academic unit.
(4) The head of a faculty, school or other
academic unit has such powers and duties as
the Council determines.
29. Boards
20
(1) The Statutes must provide for a board or
boards to be responsible for academic
programs and courses of study in higher
education and technical and further
education for the purposes of academic
25
oversight of prescribed academic programs
and courses of study of higher education and
technical and further education, including the
provision of advice to the Council on the
conduct and content of prescribed academic
30
programs and courses of study of higher
education and technical and further
education and the awarding of degrees and
diplomas, certificates and other awards.
61
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Act No.
Part 7--Swinburne University of Technology
s. 81
(2) A board is to consist of the prescribed
number of members each of whom is elected
or appointed as prescribed by the Statutes.
(3) A board--
(a) may discuss and submit to the Council
5
an opinion on any matter relating to
prescribed programs of the University
and, in particular, may make to the
Council any recommendations that it
thinks proper with respect to planning
10
and funding of education activities,
instruction, studies, discipline,
examinations, assessments, research,
degrees, diplomas, certificates and
other awards in those programs of the
15
University; and
(b) must report to the Council on all
matters submitted to it by the Council
for report; and
(c) has such other powers and duties as are
20
conferred or imposed upon it by this
Act or by the Statutes or regulations;
and
(d) subject to this Act and, except as
otherwise prescribed by the Statutes
25
and regulations, may regulate its own
proceedings.".
81. Statutes
After section 37(k) of the Swinburne University
of Technology Act 1992 insert--
30
"(ka) elections conducted by or on behalf of the
Council including voting by post, electronic
voting and preferential voting;".
62
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Higher Education Acts (Amendment) Act 2005
Act No.
Part 7--Swinburne University of Technology
s. 82
82. Submissions of statutes and regulations to boards
(1) In section 39(1) of the Swinburne University of
Technology Act 1992--
(a) for "programs or studies referred to in
section 28(1) or 35(1)" substitute "programs
5
or courses of study in higher education or
technical and further education";
(b) for "the Academic Board or the Board of
Technical Studies" substitute "a board
established under the Statutes to be
10
responsible for those programs or courses of
study".
(2) In section 39(4) of the Swinburne University of
Technology Act 1992--
(a) for "the Academic Board or Board of
15
Technical Studies" (where first occurring)
substitute "a board";
(b) for "the Academic Board or Board of
Technical Studies" (where second occurring)
substitute "the board".
20
(3) After section 39(4) of the Swinburne University
of Technology Act 1992 insert--
"(5) If a proposal adopts without alteration or
without substantial alteration a
recommendation or report of the board that
25
the proposal was submitted to, the Council is
not required to submit the proposal to the
board again for a further report.".
83. Disposal of land
In section 42(3B)(a) of the Swinburne University
30
of Technology Act 1992, for "$1 500 000"
substitute "$3 000 000".
63
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Higher Education Acts (Amendment) Act 2005
Act No.
Part 7--Swinburne University of Technology
s. 84
84. Formation of companies
In section 44 of the Swinburne University of
Technology Act 1992--
(a) in sub-section (1) after "objects" (where first
and second occurring) insert "or activities";
5
(b) in sub-section (2) after "objects" (wherever
occurring) insert "or activities";
(c) in sub-sections (3), (4)(a) and (5)(a) after
"objects" (where first occurring) insert "or
activities";
10
(d) in sub-section (14) for "objects" (where
twice occurring) substitute "objects,
activities".
85. New section 70 inserted
After section 69 of the Swinburne University of
15
Technology Act 1992 insert--
"70. Transitional--members of Council
Section 8(1B) does not apply to a member of
the Council appointed immediately before
the commencement of section 74 of the
20
Higher Education Acts (Amendment) Act
2005 with respect to that appointment but
does apply to that member in relation to any
further appointment to the Council after that
date.".
25
__________________
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Higher Education Acts (Amendment) Act 2005
Act No.
Part 8--University of Ballarat
s. 86
PART 8--UNIVERSITY OF BALLARAT
86. The Council--its composition and responsibilities
See:
(1) After section 7(1) of the University of Ballarat Act No.
Act 1993 insert-- 107/1993.
Reprint No. 2
"(1A) The primary responsibilities of the Council
5 as at
1 August 2003
include-- and
amending
(a) appointing and monitoring the Act No.
performance of the Vice-Chancellor as 2/2003.
LawToday:
chief executive officer of the www.dms.
University;
10 dpc.vic.
gov.au
(b) approving the mission and strategic
direction of the University and its
annual budget and business plan;
(c) overseeing and reviewing the
management of the University and its
15
performance;
(d) establishing policy and procedural
principles for the operation of the
University consistent with legal
requirements and community
20
expectations;
(e) approving and monitoring systems of
control and accountability of the
University, including those required to
maintain a general overview of any
25
entity controlled by the University in
accordance with section 50AA of the
Corporations Act;
(f) overseeing and monitoring the
assessment and management of risk
30
across the University, including
commercial undertakings;
65
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Higher Education Acts (Amendment) Act 2005
Act No.
Part 8--University of Ballarat
s. 87
(g) overseeing and monitoring the
academic activities of the University;
(h) approving any significant commercial
activities of the University.".
(2) For section 7(2)(c) and (d) of the University of
5
Ballarat Act 1993 substitute--
"(c) two persons elected by the board or boards
established under the Statutes to be
responsible for academic programs and
courses of study in higher education and
10
technical and further education in the
University;".
(3) In section 7(3) of the University of Ballarat Act
1993, for "the Chair of the Academic Board"
substitute "one of the persons elected under sub-
15
section (2)(c)".
87. Composition of Council
(1) For section 7(4) of the University of Ballarat Act
1993 substitute--
"(4) The Governor in Council, the Minister and
20
the Council must have regard to appointing
members to the Council who have--
(a) the knowledge, skills and experience
required for the effective working of
the Council;
25
(b) an appreciation of the values of a
University relating to teaching,
research, independence and academic
freedom;
(c) the capacity to recognise the needs of
30
the external community served by the
University.
66
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Higher Education Acts (Amendment) Act 2005
Act No.
Part 8--University of Ballarat
s. 87
(4A) Of the persons appointed under sub-sections
(2)(g) and (2)(i)--
(a) two must be persons with financial
expertise with relevant qualifications
and experience in financial
5
management at a senior level;
(b) one must be a person with commercial
expertise at a senior level;
(c) one must be a person who has
substantial knowledge or experience of
10
vocational education and training;
(d) two must be persons who live or work
in the Ballarat region;
(e) one must be a person who lives or
works in the Wimmera Region.".
15
(2) For section 7(6) of the University of Ballarat Act
1993 substitute--
"(6) At least 12 members of the Council must be
persons who are neither enrolled as a student
nor employed as a member of staff of the
20
University.
(7) A person who is a member of the Parliament
of Victoria or of the Commonwealth or of
any other State or Territory of Australia must
not be elected or appointed to the Council
25
except under sub-section (2)(i).
(8) Elections of members of the Council are to
be conducted in accordance with the
requirements of this Act and the Statutes.".
67
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Higher Education Acts (Amendment) Act 2005
Act No.
Part 8--University of Ballarat
s. 88
88. Term of office
(1) After section 8(1) of the University of Ballarat
Act 1993 insert--
"(1A) Despite sub-section (1)--
(a) the Governor in Council or the Council
5
may appoint a member until
31 December in the year, or in the year
following the year, the member's
appointment takes effect to ensure that
2 offices of the members appointed by
10
the Governor in Council or the Council
(as the case requires) fall vacant each
year;
(b) a member of the Council appointed in
accordance with paragraph (a) holds
15
office for the period specified in his or
her instrument of appointment.".
(2) After section 8(6) of the University of Ballarat
Act 1993 insert--
"(7) A member elected or appointed to the
20
Council is eligible to be re-elected or re-
appointed to the Council at the end of the
member's term of office, but not so as to
extend his or her period in office to exceed
12 years of membership (whether
25
consecutive or not).
(8) Sub-section (7) does not apply to a member
elected or appointed to the Council whose
membership of the Council exceeds 12 years
if the Council passes a resolution that the
30
person may continue to be a member beyond
that period.".
68
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Act No.
Part 8--University of Ballarat
s. 89
89. New section 11 substituted
For section 11 of the University of Ballarat Act
1993 substitute--
"11. Filling of vacancies on retirement
The appointment or election of a person as a
5
member of the Council to fill a vacancy
caused by the retirement of a member at the
end of a term of office--
(a) except in the case of members
appointed by the Council, may be made
10
within 6 months before the date of the
end of the term of office of the retiring
member and takes effect at the end of
that term of office; and
(b) in the case of members appointed by
15
the Council, must be made on or before
the last scheduled meeting of the
Council before the end of the term of
office of the retiring member.".
90. Council's power of removal
20
For section 13(3) and (4) of the University of
Ballarat Act 1993 substitute--
"(3) The office of a member of the Council
becomes vacant if the member--
(a) is or becomes disqualified from
25
managing corporations under Part 2D.6
of the Corporations Act; or
(b) has failed to attend, without the
Council's prior approval, 3 consecutive
ordinary meetings of the Council.
30
69
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Higher Education Acts (Amendment) Act 2005
Act No.
Part 8--University of Ballarat
s. 90
(4) Without limiting section 9 and this section
and the powers of the Governor in Council
and the Minister under section 9, the Council
may remove a member from office in
accordance with this section.
5
(5) The Council may only remove a member
from office if it is of the opinion that the
member has failed to comply with the
responsibilities of a member of the Council.
(6) The Council must not remove a member
10
from office unless--
(a) another member gives notice at an
ordinary meeting of the Council of an
intention to move a motion for the
member to be removed from the
15
Council and sets out in the notice the
grounds for removal; and
(b) the member gives that notice no later
than at the last ordinary meeting of the
Council before the meeting at which the
20
motion to remove the member will be
put to the Council; and
(c) if the member to be removed is not
present at the meeting at which that
notice is given, the Council gives the
25
member written notice of the intention
and sets out in the notice the grounds
for removal; and
(d) the Council gives the member to be
removed an opportunity, at or before
30
the meeting where the motion for
removal is to be considered, to make
submissions in writing or personally
before the Council of the reasons why
the member should not be removed
35
from the Council; and
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Act No.
Part 8--University of Ballarat
s. 91
(e) by a majority of two-thirds of the
members present at the meeting, the
Council passes a resolution removing
the member from office on the grounds
stated in the notice given under this
5
section.".
91. Council member's responsibilities
(1) Insert the following heading to section 16 of the
University of Ballarat Act 1993--
"Declaration of interests".
10
(2) In section 16(1) of the University of Ballarat Act
1993, for "a pecuniary interest" substitute "an
interest".
(3) In section 16A of the University of Ballarat Act
1993--
15
(a) in sub-section (1), for "Council is"
substitute "Council must act in the interests
of the University as a whole and is";
(b) in sub-section (2), after "improper use of"
insert "his or her position on the Council
20
including the improper use of".
(4) After section 16A(2) of the University of
Ballarat Act 1993 insert--
"(3) A member of the Council, in carrying out his
or her functions and duties, must--
25
(a) act in good faith, honestly and for
proper purposes consistent with the
objects and interests of the University;
(b) exercise appropriate care and diligence;
(c) take reasonable steps to avoid all
30
conflicts of interest unless they are
disclosed in accordance with
section 16.".
71
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Higher Education Acts (Amendment) Act 2005
Act No.
Part 8--University of Ballarat
s. 92
92. Chancellor and Deputy Chancellor
In section 22 of the University of Ballarat Act
1993--
(a) in sub-sections (1) and (4), after "elect"
insert "or appoint";
5
(b) in sub-sections (3) and (5) after "re-elected"
insert "or re-appointed".
93. Director of TAFE division
In section 25(4) of the University of Ballarat Act
1993--
10
(a) for "the Technical and Further Education
Division of the University" (wherever
occurring) substitute "a division of the
University responsible for Technical and
Further Education";
15
(b) for "in that Division" substitute "in that
division".
94. New Part 3 substituted
For Parts 3 and 3A of the University of Ballarat
Act 1993 substitute--
20
"PART 3--DIVISIONS, FACULTIES AND
BOARDS
27. Divisions and faculties, schools and units
(1) There shall be a Division or Divisions of the
University providing for technical and
25
further education and higher education as
prescribed by the Statutes.
(2) There shall be such faculties, schools or
other academic units within a Division as are
prescribed by the Statutes.
30
72
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Higher Education Acts (Amendment) Act 2005
Act No.
Part 8--University of Ballarat
s. 94
(3) The composition, constitution, powers and
duties of a faculty, school or other academic
unit in a Division are as prescribed.
28. Statutes may prescribe other faculties etc.
(1) In addition to the requirements of section 27,
5
there shall be such faculties, schools or other
academic units within the University as are
prescribed.
(2) The composition, constitution, powers and
duties of a faculty, school or other academic
10
unit are as prescribed.
(3) The Council shall appoint a head of each
faculty, school or other academic unit.
(4) The head of a faculty, school or other
academic unit has such powers and duties as
15
the Council determines.
29. Boards
(1) The Statutes must provide for a board or
boards to be responsible for academic
programs and courses of study in higher
20
education and technical and further
education for the purposes of academic
oversight of prescribed academic programs
and courses of study of higher education and
technical and further education, including the
25
provision of advice to the Council on the
conduct and content of prescribed academic
programs and courses of study of higher
education and technical and further
education and the awarding of degrees and
30
diplomas, certificates and other awards.
(2) A board is to consist of the prescribed
number of members each of whom is elected
or appointed as prescribed by the Statutes.
73
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Higher Education Acts (Amendment) Act 2005
Act No.
Part 8--University of Ballarat
s. 95
(3) A board--
(a) may discuss and submit to the Council
an opinion on any matter relating to
prescribed programs of the University
and, in particular, may make to the
5
Council any recommendations that it
thinks proper with respect to planning
and funding of education activities,
instruction, studies, discipline,
examinations, assessments, research,
10
degrees, diplomas, certificates and
other awards in those programs of the
University; and
(b) must report to the Council on all
matters submitted to it by the Council
15
for report; and
(c) has such other powers and duties as are
conferred or imposed upon it by this
Act or by the Statutes or regulations;
and
20
(d) subject to this Act and, except as
otherwise prescribed by the Statutes
and regulations, may regulate its own
proceedings.".
95. Statutes
25
After section 30(k) of the University of Ballarat
Act 1993 insert--
"(ka) elections conducted by or on behalf of the
Council including voting by post, electronic
voting and preferential voting;".
30
74
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Higher Education Acts (Amendment) Act 2005
Act No.
Part 8--University of Ballarat
s. 96
96. Submissions of statutes and regulations to boards
(1) In section 32(1) of the University of Ballarat Act
1993, for "the Academic Board" substitute
"a board established under the Statutes to be
responsible for academic programs and courses of
5
study in higher education".
(2) In section 32(4) of the University of Ballarat Act
1993--
(a) for "the Academic Board" (where first
occurring) substitute "a board";
10
(b) for "the Academic Board" (where second
occurring) substitute "the board".
(3) After section 32(4) of the University of Ballarat
Act 1993 insert--
"(5) If a proposal adopts without alteration or
15
without substantial alteration a
recommendation or report of the board that
the proposal was submitted to, the Council is
not required to submit the proposal to the
board again for a further report.".
20
97. Disposal of land
In section 35(7)(a) of the University of Ballarat
Act 1993, for "$1 500 000" substitute
"$3 000 000".
98. Formation of companies
25
In section 37 of the University of Ballarat Act
1993--
(a) in sub-section (1) after "objects" (where first
and second occurring) insert "or activities";
(b) in sub-section (2) after "objects" (wherever
30
occurring) insert "or activities";
75
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Higher Education Acts (Amendment) Act 2005
Act No.
Part 8--University of Ballarat
s. 99
(c) in sub-sections (3), (4)(a) and (5)(a) after
"objects" (where first occurring) insert "or
activities";
(d) in sub-section (14) for "objects" (where
twice occurring) substitute "objects,
5
activities".
99. New section 73 inserted
After section 72 of the University of Ballarat Act
1993 insert--
"73. Transitional--members of Council
10
Section 8(7) does not apply to a member of
the Council appointed or elected
immediately before the commencement of
section 88 of the Higher Education Acts
(Amendment) Act 2005 with respect to that
15
appointment or election but does apply to
that member in relation to any further
appointment or election to the Council after
that date.".
__________________
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Higher Education Acts (Amendment) Act 2005
Act No.
Part 9--Victorian College of the Arts
s. 100
PART 9--VICTORIAN COLLEGE OF THE ARTS
100. The Council--its composition and responsibilities
See:
For section 3(3) of the Victorian College of the Act No.
Arts Act 1981 substitute-- 9566.
Reprint No. 3
"(3) The Council is the governing body of the
5 as at
1 August
College and has the entire direction and 2003.
superintendence of the College subject to LawToday:
www.dms.
this Act. dpc.vic.
gov.au
(4) The primary responsibilities of the Council
include--
10
(a) appointing and monitoring the
performance of the Director of the
College as chief executive officer of the
College;
(b) approving the mission and strategic
15
direction of the College and its annual
budget and business plan;
(c) overseeing and reviewing the
management of the College and its
performance;
20
(d) establishing policy and procedural
principles for the operation of the
College consistent with legal
requirements and community
expectations;
25
(e) approving and monitoring systems of
control and accountability of the
College, including those required to
maintain a general overview of any
entity controlled by the College in
30
accordance with section 50AA of the
Corporations Act;
77
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Higher Education Acts (Amendment) Act 2005
Act No.
Part 9--Victorian College of the Arts
s. 101
(f) overseeing and monitoring the
assessment and management of risk
across the College, including
commercial undertakings;
(g) overseeing and monitoring the
5
academic activities of the College,
subject to the powers and functions of
the University in respect of award
courses;
(h) approving any significant commercial
10
activities of the College.".
101. Composition of Council
For section 7(3) of the Victorian College of the
Arts Act 1981 substitute--
"(3) The Governor in Council, the Ministers and
15
the Council must have regard to appointing
members to the Council who have--
(a) the knowledge, skills and experience
required for the effective working of
the Council;
20
(b) an appreciation of the values of a
College relating to teaching, research,
independence and academic freedom;
(c) the capacity to recognise the needs of
the external community served by the
25
College.
(3A) Of the persons appointed under sub-sections
(1)(i) and (1)(j)--
(a) two must be persons with financial
expertise with relevant qualifications
30
and experience in financial
management at a senior level;
(b) one must be a person with commercial
expertise at a senior level.
78
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Higher Education Acts (Amendment) Act 2005
Act No.
Part 9--Victorian College of the Arts
s. 102
(3B) At least 10 members of the Council must be
persons who are neither enrolled as a student
nor employed as a member of staff of the
College.
(3C) A person who is a member of the Parliament
5
of Victoria or of the Commonwealth or of
any other State or Territory of Australia must
not be elected or appointed to the Council
except under sub-section (1)(j).".
102. Term of office
10
After section 8(1) of the Victorian College of the
Arts Act 1981 insert--
"(1A) Despite sub-section (1)(c)--
(a) the Governor in Council or the Council
may appoint a member until
15
31 December in the year, or in the year
following the year, the member's
appointment takes effect to ensure that
2 offices of the members appointed by
the Governor in Council or the Council
20
(as the case requires) fall vacant each
year;
(b) a member of the Council appointed in
accordance with paragraph (a) holds
office for the period specified in his or
25
her instrument of appointment.
(1B) A member elected or appointed to the
Council is eligible to be re-elected or re-
appointed to the Council at the end of the
member's term of office, but not so as to
30
extend his or her period in office to exceed
12 years of membership (whether
consecutive or not).
79
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Act No.
Part 9--Victorian College of the Arts
s. 103
(1C) Sub-section (1B) does not apply to a member
elected or appointed to the Council whose
membership of the Council exceeds 12 years
if the Council passes a resolution that the
person may continue to be a member beyond
5
that period.".
103. Council's power of removal
After section 9(5) of the Victorian College of the
Arts Act 1981 insert--
"(6) Without limiting section 12 and this section
10
and the powers of the Governor in Council
and the Ministers under this section, the
Council may remove a member from office
in accordance with this section.
(7) The Council may only remove a member
15
from office if it is of the opinion that the
member has failed to comply with the
responsibilities of a member of the Council.
(8) The Council must not remove a member
from office unless--
20
(a) another member gives notice at an
ordinary meeting of the Council of an
intention to move a motion for the
member to be removed from the
Council and sets out in the notice the
25
grounds for removal; and
(b) the member gives that notice no later
than at the last ordinary meeting of the
Council before the meeting at which the
motion to remove the member will be
30
put to the Council; and
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(c) if the member to be removed is not
present at the meeting at which that
notice is given, the Council gives the
member written notice of the intention
and sets out in the notice the grounds
5
for removal; and
(d) the Council gives the member to be
removed an opportunity, at or before
the meeting where the motion for
removal is to be considered, to make
10
submissions in writing or personally
before the Council of the reasons why
the member should not be removed
from the Council; and
(e) by a majority of two-thirds of the
15
members present at the meeting, the
Council passes a resolution removing
the member from office on the grounds
stated in the notice given under this
section.".
20
104. Automatic vacancies
(1) For section 12(g) of the Victorian College of the
Arts Act 1981 substitute--
"(g) the member has failed to attend, without the
Council's prior approval, three consecutive
25
ordinary meetings of the Council;
(ga) if the member is or becomes disqualified
from managing corporations under Part 2D.6
of the Corporations Act;".
(2) At the end of section 12 of the Victorian College
30
of the Arts Act 1981 insert--
"(2) The appointment or election of a person as a
member of the Council to fill a vacancy
caused by the retirement of a member at the
end of a term of office--
35
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(a) except in the case of members
appointed by the Council, may be made
within 6 months before the date of the
end of the term of office of the retiring
member and takes effect at the end of
5
that term of office; and
(b) in the case of members appointed by
the Council, must be made on or before
the last scheduled meeting of the
Council before the end of the term of
10
office of the retiring member.".
105. President and Deputy President
In sections 14 and 15 of the Victorian College of
the Arts Act 1981--
(a) in sub-section (1), after "elect" insert "or
15
appoint";
(b) sub-section (2) is repealed.
106. Council member's responsibilities
(1) Insert the following heading to section 17 of the
Victorian College of the Arts Act 1981--
20
"Declaration of interests".
(2) In section 17(1) of the Victorian College of the
Arts Act 1981, for "a pecuniary interest"
substitute "an interest".
(3) In section 17A of the Victorian College of the
25
Arts Act 1981--
(a) in sub-section (1), for "Council is"
substitute "Council must act in the interests
of the College as a whole and is";
(b) in sub-section (2), after "improper use of"
30
insert "his or her position on the Council
including the improper use of".
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(4) After section 17A(2) of the Victorian College of
the Arts Act 1981 insert--
"(3) A member of the Council, in carrying out his
or her functions and duties, must--
(a) act in good faith, honestly and for
5
proper purposes consistent with the
objects and interests of the College;
(b) exercise appropriate care and diligence;
(c) take reasonable steps to avoid all
conflicts of interest unless they are
10
disclosed in accordance with
section 17.".
107. Powers of Council
In section 20 of the Victorian College of the Arts
Act 1981, omit "and shall have the entire
15
management and superintendence of the affairs
concerns and property of the College".
108. Statutes and consequential amendment
(1) After section 27(1)(r) of the Victorian College of
the Arts Act 1981 insert--
20
"(ra) elections conducted by or on behalf of the
Council including voting by post, electronic
voting and preferential voting;".
(2) Section 10(2) of the Victorian College of the
Arts Act 1981 is repealed.
25
109. Disposal of land
In section 33A(2)(a) of the Victorian College of
the Arts Act 1981, for "$1 500 000" substitute
"$3 000 000".
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110. New section 41 inserted
After section 40 of the Victorian College of the
Arts Act 1981 insert--
"41. Transitional--members of Council
Section 8(1B) does not apply to a member of
5
the Council appointed or elected
immediately before the commencement of
section 102 of the Higher Education Acts
(Amendment) Act 2005 with respect to that
appointment or election but does apply to
10
that member in relation to any further
appointment or election to the Council after
that date.".
__________________
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PART 10--VICTORIA UNIVERSITY
111. Amended purpose
See:
In section 1 of the Victoria University of Act No.
Technology Act 1990 after "Victoria University 21/1990.
Reprint No. 3
of Technology" insert "(now known as Victoria
5 as at
University)". 1 August
2003.
LawToday:
www.dms.
dpc.vic.
gov.au
112. Definition
In section 3 of the Victoria University of
Technology Act 1990, in the definition of
"University" after "this Act" insert "(and now
10
renamed and to be known as Victoria
University)".
113. University renamed
In section 4(1) of the Victoria University of
Technology Act 1990, after ' "Victoria University
15
of Technology" ' insert 'and now renamed and to
be known as "Victoria University" '.
114. The Council--its composition and responsibilities
(1) After section 7(1) of the Victoria University of
Technology Act 1990 insert--
20
"(1A) The primary responsibilities of the Council
include--
(a) appointing and monitoring the
performance of the Vice Chancellor as
chief executive officer of the
25
University;
(b) approving the mission and strategic
direction of the University and its
annual budget and business plan;
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(c) overseeing and reviewing the
management of the University and its
performance;
(d) establishing policy and procedural
principles for the operation of the
5
University consistent with legal
requirements and community
expectations;
(e) approving and monitoring systems of
control and accountability of the
10
University, including those required to
maintain a general overview of any
entity controlled by the University in
accordance with section 50AA of the
Corporations Act;
15
(f) overseeing and monitoring the
assessment and management of risk
across the University, including
commercial undertakings;
(g) overseeing and monitoring the
20
academic activities of the University;
(h) approving any significant commercial
activities of the University.".
(2) For section 7(2)(c) and (d) of the Victoria
University of Technology Act 1990 substitute--
25
"(c) two persons elected by the board or boards
established under the Statutes to be
responsible for academic programs and
courses of study in higher education and
technical and further education in the
30
University;".
(3) In section 7(3) of the Victoria University of
Technology Act 1990, for "the Chairperson of the
Academic Board" substitute "one of the persons
elected under sub-section (2)(c)".
35
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115. Composition of Council
(1) For section 7(4) of the Victoria University of
Technology Act 1990 substitute--
"(4) The Governor in Council, the Minister and
the Council must have regard to appointing
5
members to the Council who have--
(a) the knowledge, skills and experience
required for the effective working of
the Council;
(b) an appreciation of the values of a
10
University relating to teaching,
research, independence and academic
freedom;
(c) the capacity to recognise the needs of
the external community served by the
15
University.
(4A) Of the persons appointed under sub-sections
(2)(g) and (2)(i)--
(a) two must be persons with financial
expertise with relevant qualifications
20
and experience in financial
management at a senior level;
(b) one must be a person with commercial
expertise at a senior level;
(c) one must be a person who has
25
substantial knowledge or experience of
vocational education and training;
(d) three must be persons who live in or
about the Western Metropolitan Region
of Melbourne.".
30
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(2) For section 7(6) of the Victoria University of
Technology Act 1990 substitute--
"(6) At least 12 members of the Council must be
persons who are neither enrolled as a student
nor employed as a member of staff of the
5
University.
(7) A person who is a member of the Parliament
of Victoria or of the Commonwealth or of
any other State or Territory of Australia must
not be elected or appointed to the Council
10
except under sub-section (2)(i).".
116. Term of office
After section 8(1) of the Victoria University of
Technology Act 1990 insert--
"(1A) Despite sub-section (1)(a)--
15
(a) the Governor in Council or the Council
may appoint a member until
31 December in the year, or in the year
following the year, the member's
appointment takes effect to ensure that
20
2 offices of the members appointed by
the Governor in Council or the Council
(as the case requires) fall vacant each
year;
(b) a member of the Council appointed in
25
accordance with paragraph (a) holds
office for the period specified in his or
her instrument of appointment.
(1B) A member elected or appointed to the
Council is eligible to be re-elected or re-
30
appointed to the Council at the end of the
member's term of office, but not so as to
extend his or her period in office to exceed
12 years of membership (whether
consecutive or not).
35
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(1C) Sub-section (1B) does not apply to a member
elected or appointed to the Council whose
membership of the Council exceeds 12 years
if the Council passes a resolution that the
person may continue to be a member beyond
5
that period.".
117. New sections 11 and 11A substituted
For section 11 of the Victoria University of
Technology Act 1990 substitute--
"11. Conduct of elections
10
Elections of members of the Council are to
be conducted in accordance with the
requirements of this Act, the Statutes and the
regulations.
11A. Filling of vacancies on retirement
15
The appointment or election of a person as a
member of the Council to fill a vacancy
caused by the retirement of a member at the
end of a term of office--
(a) except in the case of members
20
appointed by the Council, may be made
within 6 months before the date of the
end of the term of office of the retiring
member and takes effect at the end of
that term of office; and
25
(b) in the case of members appointed by
the Council, must be made on or before
the last scheduled meeting of the
Council before the end of the term of
office of the retiring member.".
30
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118. Council's power of removal
For section 13(3) and (4) of the Victoria
University of Technology Act 1990 substitute--
"(3) The office of a member of the Council
becomes vacant if the member--
5
(a) is or becomes disqualified from
managing corporations under Part 2D.6
of the Corporations Act; or
(b) has failed to attend, without the
Council's prior approval, 3 consecutive
10
ordinary meetings of the Council.
(4) Without limiting section 9 and the powers of
the Governor in Council and the Minister
under section 9, the Council may remove a
member from office in accordance with this
15
section.
(5) The Council may only remove a member
from office if it is of the opinion that the
member has failed to comply with the
responsibilities of a member of the Council.
20
(6) The Council must not remove a member
from office unless--
(a) another member gives notice at an
ordinary meeting of the Council of an
intention to move a motion for the
25
member to be removed from the
Council and sets out in the notice the
grounds for removal; and
(b) the member gives that notice no later
than at the last ordinary meeting of the
30
Council before the meeting at which the
motion to remove the member will be
put to the Council; and
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(c) if the member to be removed is not
present at the meeting at which that
notice is given, the Council gives the
member written notice of the intention
and sets out in the notice the grounds
5
for removal; and
(d) the Council gives the member to be
removed an opportunity, at or before
the meeting where the motion for
removal is to be considered, to make
10
submissions in writing or personally
before the Council of the reasons why
the member should not be removed
from the Council; and
(e) by a majority of two-thirds of the
15
members present at the meeting, the
Council passes a resolution removing
the member from office on the grounds
stated in the notice given under this
section.".
20
119. Council member's responsibilities
(1) Insert the following heading to section 16 of the
Victoria University of Technology Act 1990--
"Declaration of interests".
(2) In section 16(1) of the Victoria University of
25
Technology Act 1990, for "a pecuniary interest"
substitute "an interest".
(3) In section 16A of the Victoria University of
Technology Act 1990--
(a) in sub-section (1), for "Council is"
30
substitute "Council must act in the interests
of the University as a whole and is";
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(b) in sub-section (2), after "improper use of"
insert "his or her position on the Council
including the improper use of".
(4) After section 16A(2) of the Victoria University
of Technology Act 1990 insert--
5
"(3) A member of the Council, in carrying out his
or her functions and duties, must--
(a) act in good faith, honestly and for
proper purposes consistent with the
objects and interests of the University;
10
(b) exercise appropriate care and diligence;
(c) take reasonable steps to avoid all
conflicts of interest unless they are
disclosed in accordance with
section 16.".
15
120. Chancellor and Deputy Chancellor
In section 22 of the Victoria University of
Technology Act 1990--
(a) in sub-sections (1) and (4), after "elect"
insert "or appoint";
20
(b) in sub-sections (3) and (5) after "re-elected"
insert "or re-appointed".
121. Vice Chancellor
In section 23 of the Victoria University of
Technology Act 1990 after "Vice-Chancellor"
25
(wherever occurring) insert "and President".
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122. Staff--dismissal and director of TAFE division
(1) For section 25(2) of the Victoria University of
Technology Act 1990 substitute--
"(2) The Council may terminate the employment
of any member of staff employed by it.".
5
(2) In section 25(4) of the Victoria University of
Technology Act 1990--
(a) for "the Technical and Further Education
Division of the University" (wherever
occurring) substitute "a division of the
10
University responsible for Technical and
Further Education";
(b) for "in that Division" substitute "in that
division".
123. New Part 3 substituted
15
For Part 3 of the Victoria University of
Technology Act 1990 substitute--
"PART 3--DIVISIONS, FACULTIES AND
BOARDS
27. Divisions and faculties, schools and units
20
(1) There shall be a Division or Divisions of the
University providing for technical and
further education and higher education as
prescribed by the Statutes.
(2) There shall be such faculties, schools or
25
other academic units within a Division as are
prescribed by the Statutes.
(3) The composition, constitution, powers and
duties of a faculty, school or other academic
unit in a Division are as prescribed.
30
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28. Statutes may prescribe other faculties etc.
(1) In addition to the requirements of section 27,
there shall be such faculties, schools or other
academic units within the University as are
prescribed.
5
(2) The composition, constitution, powers and
duties of a faculty, school or other academic
unit are as prescribed.
(3) The Council shall appoint a head of each
faculty, school or other academic unit.
10
(4) The head of a faculty, school or other
academic unit has such powers and duties as
the Council determines.
29. Boards
(1) The Statutes must provide for a board or
15
boards to be responsible for academic
programs and courses of study in higher
education and technical and further
education for the purposes of academic
oversight of prescribed academic programs
20
and courses of study of higher education and
technical and further education, including the
provision of advice to the Council on the
conduct and content of prescribed academic
programs and courses of study of higher
25
education and technical and further
education and the awarding of degrees and
diplomas, certificates and other awards.
(2) A board is to consist of the prescribed
number of members each of whom is elected
30
or appointed as prescribed by the Statutes.
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(3) A board--
(a) may discuss and submit to the Council
an opinion on any matter relating to
prescribed programs of the University
and, in particular, may make to the
5
Council any recommendations that it
thinks proper with respect to planning
and funding of education activities,
instruction, studies, discipline,
examinations, assessments, research,
10
degrees, diplomas, certificates and
other awards in those programs of the
University; and
(b) must report to the Council on all
matters submitted to it by the Council
15
for report; and
(c) has such other powers and duties as are
conferred or imposed upon it by this
Act or by the Statutes or regulations;
and
20
(d) subject to this Act and, except as
otherwise prescribed by the Statutes
and regulations, may regulate its own
proceedings.".
124. Statutes
25
After section 35(1)(k) of the Victoria University
of Technology Act 1990 insert--
"(ka) elections conducted by or on behalf of the
Council including voting by post, electronic
voting and preferential voting;".
30
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125. Submissions of statutes and regulations to boards
(1) In section 36(1) of the Victoria University of
Technology Act 1990, for "the Academic Board
or the Board of Technical and Further Education"
substitute "a board established under the Statutes
5
to be responsible for academic programs and
courses of study in higher education or to be
responsible for programs and courses of study in
technical and further education".
(2) In section 36(4) of the Victoria University of
10
Technology Act 1990--
(a) for "the Academic Board or Board of
Technical and Further Education" (where
first occurring) substitute "a board";
(b) for "the Academic Board or Board of
15
Technical and Further Education" (where
second occurring) substitute "the board".
126. Disposal of land
In section 40(7)(a) of the Victoria University of
Technology Act 1990, for "$1 500 000"
20
substitute "$3 000 000".
127. Formation of companies
In section 42 of the Victoria University of
Technology Act 1990--
(a) in sub-section (1) after "objects" (where first
25
and second occurring) insert "or activities";
(b) in sub-section (2) after "objects" (wherever
occurring) insert "or activities";
(c) in sub-sections (3), (4)(a) and (5)(a) after
"objects" (where first occurring) insert "or
30
activities";
(d) in sub-section (14) for "objects" (where
twice occurring) substitute "objects,
activities".
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128. New Part 6A inserted
After section 48 of the Victoria University of
Technology Act 1990 insert--
"PART 6A--UNIVERSITY RENAMED AND
TRANSITIONALS
5
49. Change of University's name
(1) On and from the commencement of this
section--
(a) the name of the University established
and incorporated under this Act as
10
Victoria University of Technology is to
be "Victoria University";
(b) in an Act, a subordinate instrument
within the meaning of the
Interpretation of Legislation Act
15
1984, the Statutes or regulations of the
University or any other document a
reference to the University by its old
name is, in relation to the period
commencing on that date of
20
commencement, to be taken to be a
reference to the University by its new
name, unless inconsistent with the
context or subject matter.
(2) The University continues to be the same
25
body after as before its change of name and
no act, matter or thing is affected by that
change.
50. Transitional--members of Council
Section 8(1B) does not apply to a member of
30
the Council appointed or elected
immediately before the commencement of
section 116 of the Higher Education Acts
(Amendment) Act 2005 with respect to that
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appointment or election but does apply to
that member in relation to any further
appointment or election to the Council after
that date.
51. Change of name to Vice-Chancellor and
5
President
(1) The office of Vice-Chancellor and the title of
the person holding that office, whether
described as Vice-Chancellor or Vice-
Chancellor and President is to be called the
10
Vice-Chancellor and President.
(2) The office of Vice-Chancellor and President
and the person holding that office continues
to be the same after as before the change of
name and no act, matter or thing is affected
15
by that change.".
129. Consequential amendments
(1) In Schedule 2 to the State Employees
Act No. 9363.
Retirement Benefits Act 1979, for "Victoria
University of Technology" substitute "Victoria
20
University".
Act No. (2) In Schedule 2 to the State Superannuation Act
50/1988.
1988, for "Victoria University of Technology"
substitute "Victoria University".
Act No. (3) In Schedule 1 to the Tertiary Education Act
25 18/1993.
1993, for "Victoria University of Technology"
substitute "Victoria University".
Act No. (4) In the Vocational Education and Training Act
45/1990.
1990, in section 3, in the definition of "university
with a TAFE division" for "Victoria University of
30
Technology" substitute "Victoria University".
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Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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