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PARLIAMENT OF VICTORIA
Melbourne College of Divinity (Amendment) Act
2005
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Definitions 2
4. New sections 3 and 4 substituted 2
3. Constitution of College 2
4. Objects of College 3
5. The College 4
6. New sections 6, 7, 8, 8A, 9, 9A, 9B and 9C inserted 5
6. The Council 5
7. Composition of Council 6
8. Terms and conditions of office 8
8A. Acting members 9
9. Resignation and removal of appointed members 10
9A. Filling of vacancies on retirement 11
9B. Casual vacancies 12
9C. Failure by church to appoint member 12
7. References to College 12
8. New section 12 substituted 13
12. Ordinary meetings 13
9. President and Vice-President 13
10. New sections 15, 16, 17, 18, 18A and 18B substituted 13
15. Procedure of Council 13
16. Declaration of interests 14
17. Council member's responsibilities 15
18. Resolutions without meetings of the Council 16
18A. Delegation 16
18B. Indemnities 17
11. Appointment of officers 17
12. New section 19A inserted 18
19A. Creation and administration of trust and other funds 18
13. Accounts and audit 20
14. New sections 20A to 26 inserted 20
20A. Academic Board 20
21. Powers of Academic Board 21
22. Boards and committees 21
23. Recognised teaching institutions 22
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Clause Page
24. Academic functions 23
25. Awards of the College 23
26. Degree of Doctor of Divinity 24
15. Regulations 24
16. New sections 31 and 32 substituted 25
31. Regulations affecting courses of study 25
32. Requirements for regulations 26
17. Service of notices 27
18. New section 34 inserted 27
34. Transitional and savings 27
ENDNOTES 28
ii
551325B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005
PARLIAMENT OF VICTORIA
A BILL
to amend the Melbourne College of Divinity Act 1910 to make
further provision for the governance and operation of the College and
for other purposes
Melbourne College of Divinity
(Amendment) Act 2005
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Melbourne College of Divinity Act 1910 to
make further provision for the governance and
operation of the College.
5
1
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s. 2
Act No.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 December 2005, it comes into
5
operation on that day.
3. Definitions
See: In section 2 of the Melbourne College of
Act No.
Divinity Act 1910, insert the following
2275
and definitions--
10 amending
Act Nos
' "associated disciplines" means studies in
5956, 8335,
religion and ministry practice directly related
9325 and
23/1990.
to Divinity in its contemporary, historical,
LawToday:
social and cultural contexts;
www.dms.
dpc.vic.
"Council" means the Council of the College;
15 gov.au
"recognised teaching institution" means a
teaching institution or group of institutions
recognised by the Council under section 23;'.
4. New sections 3 and 4 substituted
For sections 3 and 4 of the Melbourne College of
20
Divinity Act 1910 substitute--
"3. Constitution of College
(1) For the purpose of this Act, the body
corporate under the name the Melbourne
College of Divinity continues to be
25
constituted and incorporated as provided in
this Act.
(2) The College consists of--
(a) the Council;
(b) persons who are appointed by the
30
Council in accordance with the
regulations as Fellows of the College;
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s. 4
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(c) members of the boards and committees
of the College;
(d) members of the academic staff and
general staff of the College that are
specified by the Council or of a class of
5
staff specified by the Council;
(e) persons enrolled as students of the
College in courses or parts of courses
leading to a degree, diploma, certificate
or other award of the College;
10
(f) persons designated by the College as
scholars of the College.
4. Objects of College
The objects of the College include--
(a) the pursuit of the highest standards in
15
teaching and research in Divinity and
associated disciplines;
(b) the offering to scholars and students of
Divinity of the opportunity to anchor
faith in understanding, and in a spirit of
20
dialogue to engage with society;
(c) to respect, encourage, challenge and
inform students who come to the
College to learn;
(d) to respond to the academic needs of the
25
churches, and to promote their
integrity;
(e) to address issues from a sound and
reasoned theological viewpoint and to
offer society opportunities for dialogue
30
with traditions and values that have
been refined over centuries;
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(f) to aid, by research and other
appropriate means, the advancement
and development of knowledge and its
practical application to the churches,
wider academic and community life,
5
and public policy;
(g) to confer degrees, diplomas and
certificates and other awards in
Divinity and associated disciplines.".
5. The College
10
(1) In section 5(1) of the Melbourne College of
Divinity Act 1910 for "members of the College
shall" substitute "College continues to".
(2) In section 5(2) of the Melbourne College of
Divinity Act 1910--
15
(a) for paragraph (d) substitute--
"(d) reimburse to--
(i) members of the Council,
reasonable travelling and other
expenses incurred in attending
20
meetings of the Council and in
carrying out the business of the
College;
(ii) members of committees and
boards established for the
25
purposes of this Act, reasonable
travelling and other expenses
incurred in attending meetings of
those committees or boards and in
carrying out the business of the
30
College;
(iii) other persons, reasonable
travelling and other expenses
incurred in carrying out the
business of the College;";
35
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(b) in paragraph (e), for "College" substitute
"Council";
(c) in paragraph (f), for "College" (where second
occurring) substitute "Council";
(d) in paragraph (g), omit "and";
5
(e) in paragraph (h), for "College." substitute
"College;";
(f) after paragraph (h) insert--
"(i) do anything else necessary to carry out
the objects of the College or that is
10
authorised by this Act.".
6. New sections 6, 7, 8, 8A, 9, 9A, 9B and 9C inserted
For sections 8 and 9 of the Melbourne College of
Divinity Act 1910 substitute--
"6. The Council
15
(1) The Council is the governing authority of the
College and has the direction and
superintendence of the College.
(2) The primary responsibilities of the Council
include--
20
(a) appointing and monitoring the
performance of a Dean of the College;
(b) appointing a Registrar of the College;
(c) ensuring that its processes are carried
out in accordance with this Act;
25
(d) approving the mission and strategic
direction of the College, and its annual
budget and business plan;
(e) appointing an external auditor;
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(f) appointing an audit committee with a
chairperson and at least 3 other persons
who are not staff or students of the
College;
(g) overseeing and reviewing the
5
management of the College and its
performance as a higher education
institution;
(h) establishing policy and procedural
principles for the operation of the
10
College consistent with legal
requirements and community
expectations;
(i) approving and monitoring systems of
control and accountability of the
15
College including those required to
maintain a general overview of any
entity controlled by the College in
accordance with section 50AA of the
Corporations Act;
20
(j) overseeing and monitoring the
assessment and management of risk
across the College, including
commercial undertakings;
(k) overseeing and monitoring the
25
academic activities of the College;
(l) approving any significant commercial
activities of the College.
7. Composition of Council
(1) The Council consists of--
30
(a) the Dean of the College;
(b) the Chairperson of the Academic
Board;
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(c) not more than 2 persons appointed by
each of the following--
(i) the Standing Committee of the
Provincial Council of the
Anglican Church of Australia in
5
Victoria;
(ii) the Baptist Union of Victoria;
(iii) the Conference of the Churches of
Christ in Victoria and Tasmania;
(iv) the Episcopal Conference of the
10
Melbourne Province of the Roman
Catholic Church in Victoria;
(v) the Synod of Victoria and
Tasmania of the Uniting Church
in Australia;
15
(d) 3 persons appointed by the Council;
(e) not more than 6 other persons
appointed in accordance with sub-
section (2).
(2) With the agreement of two-thirds of the
20
appointed members of the Council, and of
the heads of churches represented on the
Council, any other church may appoint not
more than 2 members to the Council.
(3) Of the persons appointed under sub-
25
section (1)--
(a) 2 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.
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(4) Of the persons appointed by each of the
churches under sub-section (1) or (2)--
(a) not more than one shall be a person
employed by the Council or a
recognised teaching institution or a
5
student of the College; and
(b) none shall be a member of the
Parliament of Victoria or of the
Commonwealth or of any other State or
Territory of Australia.
10
(5) None of the persons appointed by the
Council under sub-section (1) shall be a
person employed by the Council or a
recognised teaching institution or a student
of the College.
15
(6) At least half the members of the Council
must be persons who are neither enrolled as
a student nor employed by the Council or a
recognised teaching institution.
8. Terms and conditions of office
20
(1) Subject to this Act, a member of the Council
appointed by a church or the Council holds
office until 31 December in the second year
next following the year his or her
appointment takes effect.
25
(2) Despite sub-section (1)--
(a) a church 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
30
3 offices of the members appointed by
the churches fall vacant each year;
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(b) 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
one office of the members appointed by
5
the Council falls vacant each year;
(c) a member of the Council appointed in
accordance with paragraph (a) or (b)
holds office for the period specified in
his or her instrument of appointment.
10
(3) A member appointed to the Council is
eligible to be 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 membership (whether
15
consecutive or not).
(4) Sub-section (3) does not apply to a member
appointed to the Council whose membership
of the Council exceeds 12 years if the
Council passes a resolution that the person
20
may continue to be a member beyond that
period.
8A. Acting members
(1) If a member of the Council is unable to
attend a meeting of the Council and has
25
obtained leave of the Council before that
meeting, the body that appointed that person
may appoint another person qualified to be
appointed as a member to act as the member
during the meeting.
30
(2) While the appointment of an acting member
remains in force, the acting member has and
may exercise all the powers and perform all
the duties and functions of the member.
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9. Resignation and removal of appointed
members
(1) A member of the Council, other than the
President, may resign by writing delivered to
the President.
5
(2) The President may resign by writing
delivered to a meeting of the Council.
(3) A member of the Council appointed by a
church may, at any time, be removed by the
church.
10
(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
of the Corporations Act; or
15
(b) has failed to attend, without the
Council's prior approval, 3 consecutive
ordinary meetings of the Council.
(5) Without limiting this section and the powers
of a church under this section, the Council
20
may remove a member from office in
accordance with this section.
(6) The Council may only remove a member
from office if it is of the opinion that the
member has failed to comply with the
25
responsibilities of a member of the Council.
(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
30
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
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(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
9A. Filling of vacancies on retirement
The appointment of a person as a member of
the Council to fill a vacancy caused by the
retirement of a member upon the expiration
of the term of office must be made at least
30
one month before the date of expiration of
the term of office of the retiring member.
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9B. Casual vacancies
(1) If the office of a member of the Council
becomes vacant otherwise than by reason of
the expiry of the member's term of office, a
person must be appointed to fill the vacancy
5
as soon as practicable after the office falls
vacant.
(2) The member so appointed must satisfy the
requirements of section 7 with respect to the
office that has become vacant.
10
(3) The appointment shall be made by the body
by which the member whose office has
become vacant was appointed.
(4) The person appointed holds office, subject to
this Act, for the remainder of the term of the
15
office that fell vacant.
(5) If the vacancy occurs within 3 months before
the expiry of a member's term of office, the
office may be left vacant for the remainder
of the term.
20
9C. Failure by church to appoint member
If a church fails to appoint a member to fill a
vacant office under section 9A or 9B within
3 months after the vacancy occurs, the
Council may appoint a member to fill the
25
vacant office.".
7. References to College
(1) In section 10 of the Melbourne College of
Divinity Act 1910--
(a) for "College" (where first occurring)
30
substitute "Council by a church";
(b) for "College" (where second occurring)
substitute "Council".
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(2) In sections 11 and 13(1) of the Melbourne
College of Divinity Act 1910, for "College"
(wherever occurring) substitute "Council".
8. New section 12 substituted
For section 12 of the Melbourne College of
5
Divinity Act 1910 substitute--
"12. Ordinary meetings
(1) The Council must hold meetings for the
transaction of ordinary business at least
4 times in each year.
10
(2) The meetings are to be held at the times and
places that are prescribed by the regulations
or, if there are no regulations, at the times
and places that the Council determines.".
9. President and Vice-President
15
(1) In section 14 of the Melbourne College of
Divinity Act 1910, for "College shall elect two of
its members" substitute "Council shall elect
2 members appointed to the Council".
(2) At the end of section 14 of the Melbourne
20
College of Divinity Act 1910 insert--
"(2) If a vacancy occurs in the office of the
President or Vice-President, the Council
must appoint a person to the office for the
remainder of the term of the vacant office.".
25
10. New sections 15, 16, 17, 18, 18A and 18B substituted
For sections 15, 16, 17 and 18 of the Melbourne
College of Divinity Act 1910 substitute--
'15. Procedure of Council
(1) The President or, in the absence of the
30
President, the Vice-President must preside at
a meeting of the Council at which he or she
is present.
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(2) If neither the President nor Vice-President
are present at a meeting the members present
may elect a member to preside at the
meeting.
(3) The person presiding at a meeting has a
5
deliberative vote and a second or casting
vote.
(4) A majority of the members of the Council
currently holding office constitutes a
quorum.
10
16. Declaration of interests
(1) A member of the Council who has an interest
in a matter being considered or about to be
considered by the Council must, as soon as
practicable after the relevant facts have come
15
to his or her knowledge, declare the nature of
the interest at a meeting of the Council or in
writing addressed to the President.
(2) If the President receives a written declaration
under sub-section (1), the President must
20
report it, or cause it to be reported, at the
next meeting of the Council.
(3) The person presiding at a meeting at which a
declaration is made under sub-section (1) or
reported under sub-section (2) must cause a
25
record of the declaration to be made in the
minutes of the meeting.
(4) After a declaration is made under sub-section
(1) by a member of the Council--
(a) unless the Council otherwise directs,
30
the member must not be present during
any deliberation with respect to that
matter; and
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(b) the member is not entitled to vote on
the matter; and
(c) if the member does vote on the matter,
the vote must be disallowed.
17. Council member's responsibilities
5
(1) A member of the Council must act in the
interests of the College as a whole and is
responsible to the Council for furthering the
purposes of the Council and the objects of
the College rather than any constituent
10
person or body who appointed the member.
(2) A member of the Council must not make
improper use of his or her position on the
Council including the improper use of any
information acquired in the course of his or
15
her duties to obtain directly or indirectly any
advantage for himself or herself or any other
person.
(3) A member of the Council, in carrying out his
or her functions and duties, must--
20
(a) act in good faith, honestly and for
proper purposes consistent with the
objects and interests of the College;
(b) exercise appropriate care and diligence;
(c) take reasonable steps to avoid all
25
conflicts of interest unless they are
disclosed in accordance with
section 16.
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18. Resolutions without meetings of the
Council
(1) If a majority of the members for the time
being of the Council sign a document
circulated by, or on behalf of, the President
5
containing a statement that those members
are in favour of a resolution in terms set out
in the document, a resolution in those terms
shall be taken to have been passed at a
meeting of the Council held on the day on
10
which the document is signed or, if the
members do not sign it on the same day, on
the day on which the last member to sign
signs the document.
(2) If a resolution is, under sub-section (1), taken
15
to have been passed at a meeting of the
Council, each member must be advised as
soon as practicable and given a copy of the
terms of the resolution.
(3) For the purposes of sub-section (1), two or
20
more separate documents containing a
statement in identical terms, each of which is
signed by one or more members, shall be
taken to constitute one document.
(4) In this section, "member", in relation to a
25
resolution, does not include a member who,
by reason of section 16, is not permitted to
vote on the resolution.
18A. Delegation
The Council, by resolution of the Council or
30
by or under regulation, may delegate all or
any of its powers, authorities, duties and
functions, other than--
(a) the power to make regulations; and
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(b) this power of delegation--
to the Dean of the College, the Registrar of
the College, any of the members of a
committee or board appointed by the
Council, a member of the Council or a
5
person employed by the College.
18B. Indemnities
The College must indemnify and keep
indemnified each member of the Council and
any member of a committee or board
10
constituted by resolution of the Council or
by or under regulation against all actions or
claims (whether arising during or after the
term of office of that member) in respect of
any act or thing done or omitted to be done
15
in good faith in the exercise or purported
exercise of any powers or duty conferred or
imposed upon the Council, committee or
board or upon any member or members of
the Council by or under this Act.'.
20
11. Appointment of officers
(1) For section 19(1) of the Melbourne College of
Divinity Act 1910 substitute--
"(1) The Council must appoint--
(a) a Dean as chief executive officer of the
25
College; and
(b) a Registrar as public officer and
Secretary of the College.
(1A) The Council may appoint examiners,
teaching staff and any other officer or person
30
that are necessary for carrying out the objects
and purposes of the College.".
(2) In section 19(2) of the Melbourne College of
Divinity Act 1910, for "College" substitute
"Council".
35
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(3) In section 19(3) of the Melbourne College of
Divinity Act 1910, for "College shall not be"
substitute "Council is not".
(4) After section 19(3) of the Melbourne College of
Divinity Act 1910 insert--
5
"(4) The Council may by resolution specify the
persons or classes of person who are to be
academic staff and general staff employed by
the College for the purposes of this Act.".
12. New section 19A inserted
10
After section 19 of the Melbourne College of
Divinity Act 1910 insert--
"19A. Creation and administration of trust and
other funds
(1) The College--
15
(a) may acquire property by gift, grant,
bequest or devise; and
(b) may agree to and carry out any
conditions of any such gift, grant,
bequest or devise.
20
(2) Subject to this Act, the Council may create
and administer any trust fund or funds for
any other purpose whatsoever.
(3) The Council may establish one or more
investment common funds for the collective
25
investment of any trust and other funds held
by or in the custody of the College.
(4) The Council, from time to time without
liability for breach of trust, may bring into or
withdraw from any investment common fund
30
the whole or any part of any trust fund or
other fund, despite any direction to the
contrary, whether express or implied,
contained in the trust instrument.
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(5) The Council must not bring into any
investment common fund the whole or any
part of any trust fund if any of the securities
in which the capital of the investment
common fund is invested are securities in
5
which the trust fund is not authorised to be
invested.
(6) Subject to sub-section (7), the Council must
periodically distribute the income of each
investment common fund among the funds
10
participating in the common fund, having
regard to the extent of the participation by
each fund in the common fund during the
relevant accounting period.
(7) The Council, if it considers it expedient to do
15
so, may from time to time add some portion
of the income of the common fund to the
capital of the common fund or use some part
of the income to establish or augment a fund
or funds as a provision against capital
20
depreciation or reduction of income.
(8) The Council may, out of the annual income
of a trust fund in an investment common
fund, periodically deduct an amount not
exceeding 5% of the annual income of that
25
trust fund as commission for the
administration of that trust fund.
(9) The commission deducted in accordance
with sub-section (8) is to be received and
accepted by the College as full payment to it
30
for the costs of administration of the trust
fund.
(10) The College must not make any other
charges on the trust fund in addition to the
commission received under sub-section (9),
35
except in accordance with the trust deed.".
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13. Accounts and audit
In section 20 of the Melbourne College of
Divinity Act 1910--
(a) in sub-section (1), for "College shall"
substitute "Council must";
5
(b) in sub-section (2), for "College" (where
second, third and fourth occurring)
substitute "Council";
(c) in sub-section (3), for "College" (where first
occurring) substitute "Council".
10
14. New sections 20A to 26 inserted
For sections 21, 22, 23, 23A, 24, 25 and 26 of the
Melbourne College of Divinity Act 1910
substitute--
"20A. Academic Board
15
(1) There shall be an Academic Board for the
purposes of--
(a) oversight of academic programs and
courses of study in the College and
other academic affairs of the College;
20
(b) providing advice to the Council on the
academic programs and courses of
study in the College and other academic
affairs of the College.
(2) The Academic Board consists of the number
25
of members that the regulations prescribe.
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21. Powers of Academic Board
(1) The Academic Board--
(a) may discuss and submit to the Council
an opinion on any matter relating to
academic programs and courses of
5
study of the College and, in particular,
may make to the Council any
recommendations that it thinks proper
with respect to instruction, studies,
discipline, examinations, assessments,
10
research, degrees, diplomas, certificates
and other awards in those programs or
courses of study of the College; and
(b) must report to the Council on all
matters submitted to it by the Council
15
for report.
(2) The Academic Board has any other powers
and duties that are conferred or imposed
upon it by this Act or by the regulations.
(3) The Academic Board may regulate its own
20
proceedings subject to this Act and except as
otherwise prescribed by the regulations.
22. Boards and committees
(1) The Academic Board may appoint boards
and committees that are constituted in
25
accordance with the regulations.
(2) A board or committee appointed by the
Academic Board must report to the
Academic Board on its activities at the times
and in the manner that the Academic Board
30
directs.
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23. Recognised teaching institutions
(1) The Council, on the advice of the Academic
Board and in accordance with the
regulations, may recognise an institution or a
group of institutions as being authorised by
5
the College to teach and examine students in
academic programs and courses of study that
will lead to the award by the Council of a
degree, diploma, certificate or other award
relating to a program or course of study.
10
(2) The Academic Board is responsible for
ensuring that recognised teaching institutions
account to the Board for all academic matters
relating to courses of study and programs
offered by the institution that lead to the
15
award by the Council of a degree, diploma,
certificate or other award relating to that
program or course of study.
(3) The Council or the Academic Board may
require a recognised teaching institution to
20
provide any of the following information
relating to academic programs or courses of
study provided by the institution--
(a) the curricula of those programs or
courses of study;
25
(b) the qualifications and experience of
staff of the institution teaching the
programs or courses of study;
(c) the views of students undertaking those
programs or courses of study;
30
(d) any other information that the Board or
the Council believes is necessary for
the evaluation or improvement of the
quality of the delivery of those
programs or courses of study.
35
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(4) The Council, on the advice of the Academic
Board and in accordance with the
regulations, may revoke the recognition of a
teaching institution, if it is of the opinion that
the teaching institution should no longer be
5
recognised for the purpose of providing
academic programs or courses of study that
lead to the award of degree, diploma,
certificate or other award by the Council.
24. Academic functions
10
The College may--
(a) conduct academic programs and
courses of study for the admission to an
examination or to a degree, diploma,
certificate or other award of the
15
College;
(b) hold examinations for the academic
programs and courses of study
conducted by the College in the
manner, at the times and in the subjects
20
that are prescribed.
25. Awards of the College
(1) Subject to the regulations, the Council may,
after appropriate assessment, confer any
degree or grant any diploma, certificate or
25
other award (including a post-graduate
award) in Divinity or associated disciplines.
(2) The Council may admit honoris causa to any
degree in Divinity any person whether or not
the person has graduated at the College.
30
(3) If the regulations so provide, the Council
may, in prescribed circumstances and in the
manner prescribed, revoke any degree,
diploma, certificate or other award conferred
or granted by the Council.
35
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26. Degree of Doctor of Divinity
The Council may, in accordance with the
regulations, confer the degree of Doctor of
Divinity upon a person who has completed--
(a) work of distinction that, in the opinion
5
of the Council, is an original and
substantial contribution to the study of
theology; or
(b) over an extended period of time, work
of distinction that, in the opinion of the
10
Council, is an outstanding
internationally recognised contribution
to the advancement of learning in
Divinity.".
15. Regulations
15
In section 30 of the Melbourne College of
Divinity Act 1910--
(a) for "College" (where first occurring)
substitute "Council";
(b) in paragraph (da) after "of" insert "boards
20
and";
(c) for paragraphs (ia) and (ib) substitute--
"(ia) the approval of institutions and groups
of institutions as recognised teaching
institutions for the purposes of
25
section 23 and the terms and conditions
of approval;
(ib) the fees to be paid by recognised
teaching institutions;";
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(d) for paragraphs (j), (ja), (jb), (jc) and (jd)
substitute--
"(j) degrees, diplomas, certificates and
other awards of the College;
(ja) the recognition of qualifications for the
5
purposes of admission to degrees,
diplomas, certificates or other awards
of the College;
(jb) prescribing degrees, diplomas,
certificates or other awards for the
10
purposes of this Act and the
qualifications required for the
conferring of the degrees, diplomas,
certificates or other awards;";
(e) in paragraph (k) after "enrolment," insert
15
"administration,".
16. New sections 31 and 32 substituted
For sections 31 and 32 of the Melbourne College
of Divinity Act 1910 substitute--
"31. Regulations affecting courses of study
20
(1) Before a regulation concerning a degree,
diploma, certificate or other award is made,
amended or revoked by the Council, the
Council must submit the proposal to the
Academic Board for its report.
25
(2) If the Council declares a proposed regulation
to which sub-section (1) applies to be urgent,
the Council may make the regulation without
complying with sub-section (1).
(3) A regulation made under sub-section (2)
30
ceases to have effect at the expiration of
6 months after it is made, unless it sooner
expires or is revoked.
25
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(4) If the Academic Board does not report to the
Council within 2 months (or such longer or
shorter period as the Council determines in
any particular case) after submission of a
proposed regulation to the Academic Board,
5
the Council may make, amend or revoke the
regulation without the report.
32. Requirements for regulations
(1) The Council must ensure that before a
regulation is made at least 7 clear days'
10
notice in writing is given to members of the
Council specifying the time and place of the
meeting at which the regulation is to be
made and containing a copy of the regulation
to be amended, revoked or remade and of the
15
proposed amendment or revocation or the
re-made regulation.
(2) The production of a verified copy of
regulations made by the Council under the
common seal of the Council seal is sufficient
20
evidence of the authenticity of the
regulations in all courts.
(3) The Registrar of the College must--
(a) arrange for copies of all regulations to
be published; and
25
(b) supply a copy of the regulations to a
person on request by the person and on
payment of the prescribed charge.".
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17. Service of notices
For section 33(1) and (2) of the Melbourne
College of Divinity Act 1910 substitute--
"(1) A notice required by this Act or the
regulations to be served on a member of the
5
Council may be given personally to the
member or sent by prepaid post or electronic
transmission to the member.
(2) It is not necessary to give notice of a meeting
of the Council to a member of the Council
10
who is absent from Victoria.".
18. New section 34 inserted
After section 33 of the Melbourne College of
Divinity Act 1910 insert--
"34. Transitional and savings
15
(1) The Melbourne College of Divinity is
deemed to be the same body after as before
its reconstitution under section 4 of the
Melbourne College of Divinity
(Amendment) Act 2005 and no act, matter
20
or thing is to be affected by that
reconstitution.
(2) Section 8(3) does not apply to a member of
the Council appointed, co-opted or elected
before the commencement of section 6 of the
25
Melbourne College of Divinity
(Amendment) Act 2005 with respect to that
appointment, co-option or election but does
apply to that member in relation to any
further appointment to the Council after that
30
date.".
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Melbourne College of Divinity (Amendment) Act 2005
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
28
551325B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005
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