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PARLIAMENT OF VICTORIA
University of Ballarat Bill 2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 3
1 Purposes 3
2 Commencement 3
3 Definitions 3
PART 2--CONSTITUTION AND GOVERNANCE OF THE
UNIVERSITY 6
Division 1--The University 6
4 University of Ballarat 6
5 Objects of the University 6
6 General powers and functions of the University 8
7 Common seal 9
Division 2--The Council 10
8 The Council 10
9 Powers and functions of the Council 11
10 Power of Council to confer degrees and grant other awards 12
11 Council membership 13
12 Appointed members 14
13 Council appointed members 15
14 Limitations on membership 16
15 Responsibilities of Council members 16
16 Remuneration 17
17 Membership and procedure of Council 18
18 Power to delegate 18
19 Indemnities 18
PART 3--PERSONS AND BODIES CONNECTED WITH THE
UNIVERSITY 20
20 Academic board 20
21 Faculties, departments, divisions, centres, units, schools and
institutes of the University 20
22 Visitor 20
23 Acting Visitor 21
561368B.I-25/11/2009 i BILL LA INTRODUCTION 25/11/2009
Clause Page
PART 4--OFFICERS OF THE UNIVERSITY 22
24 Chancellor 22
25 Deputy chancellor 22
26 Vice-Chancellor 23
27 Other officers 24
PART 5--UNIVERSITY STATUTES AND UNIVERSITY
REGULATIONS 25
28 Council may make university statutes and university
regulations 25
29 Specific subject matter for university statutes and university
regulations 25
30 University statutes may provide for making of university
regulations 27
31 Manner of making university statutes and university
regulations 28
32 Commencement 29
33 Application of laws to university statutes and university
regulations 29
34 Judicial notice of university statute or university regulation 29
PART 6--PROPERTY, FINANCE AND COMMERCIAL
ACTIVITIES 31
Division 1--Property generally 31
35 Powers relating to property 31
Division 2--Land 31
36 Acquisition of land 31
37 Disposal of land 33
38 Disposal of investment lands 33
Division 3--Trust funds and related matters 34
39 Creation and administration of trust funds and other funds 34
40 Establishment of investment common funds 34
41 Distribution of income of investment common funds 34
42 Commissions etc. 35
43 Delegation 35
Division 4--Finance 36
44 Revenue 36
45 Borrowing powers 36
46 Investments 37
47 Audit of income and expenditure of University 37
561368B.I-25/11/2009 ii BILL LA INTRODUCTION 25/11/2009
Clause Page
Division 5--Joint ventures and companies 37
48 Corporations and joint ventures 37
49 Audit of limited company 38
50 Audit of other companies 39
51 Audits under sections 49 and 50 generally 40
Division 6--Guidelines 41
52 Declarations--university commercial activity 41
53 University may submit guidelines to the Minister 41
54 Consultation 43
55 Ministerial approval of guidelines and power to make
guidelines 43
56 Publication and availability 43
57 Guidelines and university statutes 44
58 Council to ensure compliance 44
59 Reports to Minister 44
60 Referral to Auditor-General 45
PART 7--GENERAL 46
61 Fine is civil debt recoverable summarily 46
62 Certificate is evidence of amount of fine 46
PART 8--REPEAL AND TRANSITIONAL MATTERS 47
Division 1--Repeal 47
63 Repeal 47
Division 2--Transitional provisions 47
64 Definitions for this Division 47
65 Operation of Interpretation of Legislation Act 1984 47
66 University 47
67 Council 48
68 Members of Council 48
69 Staff 49
70 Construction of references 50
71 Gifts, trusts and other dispositions 50
72 University statutes and university regulations 52
73 Regulations dealing with transitional matters 52
Division 3--Repeal of Division 1 53
74 Repeal of spent provisions 53
__________________
561368B.I-25/11/2009 iii BILL LA INTRODUCTION 25/11/2009
Clause Page
SCHEDULE 1--Membership and Procedure of the Council 54
1 Terms and conditions of office of Council members 54
2 Members eligible for reappointment 55
3 Council's power of removal 55
4 Vacancies in membership of Council 56
5 Filling of vacancies on retirement 57
6 Conduct of elections 58
7 Casual vacancies 58
8 Filling of casual vacancies generally 58
9 Interim Ministerial appointments 59
10 Chairperson 60
11 Declaration of interests of Council members 60
12 How questions are to be decided and quorum 61
13 Resolutions without meetings of the Council 61
14 Approved methods of communication for Council meetings 62
15 Committees and delegation of powers 63
16 Validation of acts or decisions despite vacancy or
disqualification 63
ENDNOTES 65
561368B.I-25/11/2009 iv BILL LA INTRODUCTION 25/11/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
University of Ballarat Bill 2009
A Bill for an Act to re-enact with amendments the law relating to the
University of Ballarat, to repeal the University of Ballarat Act 1993
and for other purposes.
Preamble
The University of Ballarat was created by the
University of Ballarat Act 1993, an Act of the
Victorian Parliament, in 1994, out of the Ballarat
College of Advanced Education. It was enlarged
in 1998, through mergers with the Ballarat School
of Mines and the Wimmera Institute of TAFE.
Although formally created as a University in 1994,
the University of Ballarat has a lineage which takes
it back to 1870, making it only the third institution
of higher learning to be established in Australia
and the first to be established in regional Australia.
The Ballarat College of Advanced Education was
created out of the tertiary division of the School of
Mines while the technical division of the School
merged with the new University in 1998.
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University of Ballarat Bill 2009
Preamble
The University of Ballarat provides a range of
innovative educational, vocational, professional,
cultural and research services, primarily to the
communities of central and western Victoria.
The University's commitment to educational and
social equity, teaching excellence, research
distinction, environmental sustainability and
regional capacity building has enabled it to
develop in a way that draws on its proud heritage
to inform its future.
Its regional character sets a framework for the
University's priorities but does not constrain it
from serving wider community interests, nationally
and internationally.
The University is one of the few Australian
universities to take its name from an Aboriginal
language word: "Ballarat" meaning "resting place".
The University's commitment remains resolute in
seeking to improve the access of Aboriginal
peoples to tertiary education.
This Act will enable the University of Ballarat to
discharge its responsibilities to the communities of
central and regional Victoria, ensuring that
regional and rural perspectives remain an essential
part of Australian educational dialogue.
To enable the University of Ballarat to continue
and expand its mission, it is expedient to re-enact
the law relating to the University of Ballarat in a
more modern form.
The Parliament of Victoria therefore enacts:
561368B.I-25/11/2009 2 BILL LA INTRODUCTION 25/11/2009
University of Ballarat Bill 2009
Part 1--Preliminary
s. 1
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are to--
(a) re-enact with amendments the law relating to
5 the University of Ballarat by rationalising
obsolete and disparate legislation; and
(b) provide for a new Act reflecting best practice
and a consistent approach to governance and
reporting for universities in Victoria.
10 2 Commencement
(1) Subject to subsection (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 January 2011, it comes into
15 operation on that day.
3 Definitions
In this Act--
appointed member means a member of the
Council appointed under section 12(1) or
20 section 12(2);
Ballarat region means the electoral districts for
the Legislative Assembly of Victoria of
Ballarat East and Ballarat West;
Chancellor means the person appointed to the
25 office of Chancellor of the University under
section 24;
Council means the Council established under
section 8;
Council appointed member means a member of
30 the Council appointed under section 13;
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Part 1--Preliminary
s. 3
elected member means a member of the Council
referred to in section 11(5);
graduate means a person upon whom has been
conferred or granted, or who has been
5 admitted without examination to, any degree,
diploma, certificate, licence or other award
under any Act relating to the University for
the time being in force and whether before or
after the passing of this Act;
10 guidelines means the guidelines approved by the
Minister under section 55 and includes any
interim guidelines made under section 55(2);
limited company, in Division 5 of Part 6, means a
limited company within the meaning of the
15 Corporations Act;
official member means a member of the Council
referred to in section 11(2);
staff means persons employed by the University;
student means--
20 (a) a person enrolled at the University in a
course leading to a degree, diploma,
certificate, licence or other award; or
(b) a person who is designated as a student
or is of a class of persons designated as
25 students by the Council;
University means the University of Ballarat
referred to in section 4;
university commercial activity means any
commercial activity engaged in by, or on
30 behalf of, the University and--
(a) includes any activity declared under
section 52 to be a university
commercial activity;
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Part 1--Preliminary
s. 3
(b) does not include any commercial
activity declared under section 52 not to
be a university commercial activity;
university regulations means the regulations of
5 the University made under Part 5;
university statutes means the statutes of the
University made under Part 5;
Vice-Chancellor means the person appointed to
the office of Vice-Chancellor and President
10 under section 26 and includes--
(a) an interim Vice-Chancellor appointed
under section 26(3); or
(b) an acting Vice-Chancellor;
Visitor means the Visitor under section 22 and
15 includes an acting Visitor;
Wimmera region means the electoral district for
the Legislative Assembly of Victoria of
Wimmera.
__________________
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University of Ballarat Bill 2009
Part 2--Constitution and Governance of the University
s. 4
PART 2--CONSTITUTION AND GOVERNANCE OF THE
UNIVERSITY
Division 1--The University
4 University of Ballarat
5 (1) The University of Ballarat is declared to have
been established on 1 January 1994.
(2) The University established in accordance with
subsection (1) and as constituted in accordance
with the University of Ballarat Act 1993 as in
10 force immediately before its repeal--
(a) continues in existence under this Act; and
(b) is a body politic and corporate by the name
the "University of Ballarat".
(3) The University consists of--
15 (a) the Council; and
(b) the staff, other than the staff of any class that
is designated from time to time by the
Council not to be staff for the purposes of
this section; and
20 (c) the graduates; and
(d) the students; and
(e) the emeritus professors of the University.
5 Objects of the University
The objects of the University include--
25 (a) to provide and maintain a teaching and
learning environment of excellent quality
offering higher education at an international
standard;
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s. 5
(b) to provide vocational education and training,
further education and other forms of
education determined by the University to
support and complement the provision of
5 higher education by the University;
(c) to undertake scholarship, pure and applied
research, invention, innovation, education
and consultancy of international standing and
to apply those matters to the advancement of
10 knowledge and to the benefit of the well-
being of the Victorian, Australian and
international communities;
(d) to equip graduates of the University to excel
in their chosen careers and to contribute to
15 the life of the community;
(e) to serve the Victorian, Australian and
international communities and the public
interest by--
(i) enriching cultural and community life;
20 (ii) elevating public awareness of
educational, scientific and artistic
developments;
(iii) promoting critical and free enquiry,
informed intellectual discourse and
25 public debate within the University and
in the wider society;
(f) to use its expertise and resources to involve
Aboriginal and Torres Strait Islander people
of Australia in its teaching, learning,
30 research and advancement of knowledge
activities and thereby contribute to--
(i) realising Aboriginal and Torres Strait
Islander aspirations; and
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(ii) the safeguarding of the ancient and rich
Aboriginal and Torres Strait Islander
cultural heritage;
(g) to provide programs and services in a way
5 that reflects principles of equity and social
justice;
(h) to confer degrees and grant diplomas,
certificates, licences and other awards;
(i) to utilise or exploit its expertise and
10 resources, whether commercially or
otherwise.
6 General powers and functions of the University
(1) The University--
(a) is a body politic and corporate with perpetual
15 succession; and
(b) may sue and be sued in its corporate name;
and
(c) subject to this Act, may acquire, hold and
dispose of real and personal property.
20 (2) The University may do and suffer all acts and
things that a body corporate may by law do and
suffer.
(3) Without limiting subsection (1) or (2), the
University--
25 (a) may enter into contracts;
(b) may fix fees and charges;
(c) may employ persons in academic, teaching
or other positions in the University on any
terms and conditions that it determines and
30 may terminate the employment of any
member of staff employed by it;
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Part 2--Constitution and Governance of the University
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(d) subject to any guidelines, may be a member
of a company, association, trust or
partnership;
(e) subject to any guidelines, may form or
5 participate in the formation of a company,
association, trust or partnership;
(f) subject to any guidelines, may enter into a
joint venture or joint undertaking with any
other person or persons;
10 (g) has any other powers and functions
conferred on it by or under--
(i) this Act or any other Act; or
(ii) any university statute or university
regulation;
15 (h) may do anything else necessary or
convenient to be done for or in connection
with its objects, powers and functions.
(4) The University may exercise its powers and
functions--
20 (a) within and outside Victoria; and
(b) outside Australia.
7 Common seal
(1) The University has a common seal.
(2) The common seal of the University must be kept
25 and used as directed by the Council or in any
other manner authorised by university statute or
university regulation.
(3) All courts, tribunals and other persons acting
judicially--
30 (a) must take judicial notice of the common seal
of the University on a document; and
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s. 8
(b) until the contrary is proved, must presume
that it was duly affixed.
Division 2--The Council
8 The Council
5 (1) There is established a Council.
(2) The Council--
(a) is the governing body of the University; and
(b) has the general direction and
superintendence of the University; and
10 (c) subject to this Act, the university statutes and
university regulations, may exercise all the
powers, functions and duties of the
University.
(3) The primary responsibilities of the Council
15 include--
(a) appointing and monitoring the performance
of the Vice-Chancellor as the chief executive
officer of the University;
(b) approving the mission and strategic direction
20 of the University and its annual budget and
business plan;
(c) overseeing and reviewing the management of
the University and its performance;
(d) establishing policy and procedural principles
25 for the operation of the University consistent
with legal requirements and community
expectations;
(e) approving and monitoring systems of control
and accountability of the University,
30 including those required to maintain a
general overview of any entity over which
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s. 9
the University has control within the
meaning of section 3 of the Audit Act 1994;
(f) overseeing and monitoring the assessment
and management of risk across the
5 University, including university commercial
activities;
(g) overseeing and monitoring the academic
activities of the University;
(h) approving any significant university
10 commercial activities.
9 Powers and functions of the Council
(1) The Council has the following functions and
powers--
(a) to appoint the Chancellor, any Deputy
15 Chancellor and the Vice-Chancellor;
(b) to establish policies relating to the
governance of the University;
(c) to oversee and review the management of the
University and its performance;
20 (d) to oversee the management and control of
the property and business affairs of the
University;
(e) to oversee the management and control of
the University's finances;
25 (f) any other powers and functions conferred on
it by or under--
(i) this Act or any other Act; or
(ii) any university statute or university
regulation;
30 (g) the power to do anything else necessary or
convenient to be done for or in connection
with its powers and functions.
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(2) Without limiting subsection (1), the Council--
(a) may determine what persons or classes of
persons constitute the academic staff of the
University for the purposes of this Act;
5 (b) may designate a diploma or certificate to be
awarded to students as--
(i) a postgraduate diploma or postgraduate
certificate; or
(ii) a graduate diploma or graduate
10 certificate; or
(iii) an undergraduate diploma or
undergraduate certificate;
(c) may designate persons or classes of persons
as students.
15 10 Power of Council to confer degrees and grant other
awards
(1) Subject to the university statutes and university
regulations, the Council has power and is deemed
always to have had power, to confer any degree or
20 grant any diploma, certificate, licence or other
award in any discipline, except divinity.
(2) The university statutes or university regulations
may provide--
(a) for the conferral, without examination, of
25 any degree or the granting, without
examination, of any diploma, certificate,
licence or other award referred to in
subsection (1) on or to any person who has
graduated from a university; and
30 (b) for the conferral honoris causa of any degree,
or granting honoris causa of any diploma,
certificate, licence or other award referred to
in subsection (1) on or to any person,
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Part 2--Constitution and Governance of the University
s. 11
whether or not he or she has graduated from
a university.
(3) If the university statutes so provide, the Council
may revoke any degree conferred or diploma,
5 certificate, licence or other award granted by the
University, whenever conferred or granted.
(4) The power of the Council under subsection (3) is
to be exercised in the circumstances and manner
prescribed in the university statutes.
10 11 Council membership
(1) The Council consists of between 14 and
21 persons being--
(a) the official members; and
(b) at least 4 appointed members of whom--
15 (i) at least 2 must be persons with financial
expertise with relevant qualifications or
experience in financial management;
(ii) one must be a person with commercial
expertise at a senior level; and
20 (c) at least 4 Council appointed members; and
(d) at least 3 elected members.
(2) The official members of the Council are--
(a) the Chancellor;
(b) the Vice-Chancellor;
25 (c) the president (however designated) of the
academic board or its equivalent.
(3) The appointed members are--
(a) at least 3 persons appointed by the Governor
in Council under section 12(1); and
30 (b) one person appointed by the Minister under
section 12(2).
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(4) The Council appointed members are the persons
appointed by the Council under section 13.
(5) The elected members are--
(a) at least 2 but not more than 3 persons elected
5 or appointed by and from the staff of the
University in accordance with the university
statutes;
(b) at least one but not more than 2 persons
elected or appointed by and from the
10 students at the University in accordance with
the university statutes.
(6) The number of appointed members and the
number of Council appointed members is to be the
same.
15 (7) Of the members who are persons appointed by the
Governor in Council under section 12(1) and
persons appointed by the Council under
section 13(1)--
(a) one must be a person who has substantial
20 knowledge or experience of vocational
education and training;
(b) 2 must be persons who live or work in the
Ballarat region;
(c) one must be a person who lives or works in
25 the Wimmera region.
12 Appointed members
(1) On the recommendation of the Minister, the
Governor in Council, by instrument, may appoint
persons to the Council as appointed members.
30 (2) The Minister, by instrument, may appoint a person
to the Council as an appointed member.
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(3) In making a recommendation under subsection (1)
or an appointment under subsection (2), the
Minister must have regard to appointing members
to the Council who have--
5 (a) the knowledge, skills and experience
required for the effective working of the
Council;
(b) an appreciation of the values of a university
relating to teaching, research, independence
10 and academic freedom;
(c) the capacity to recognise the needs of the
external community served by the
University.
(4) Not more than 2 members of the Council who are
15 appointed members may be persons whose normal
place of residence is outside Australia.
(5) An appointed member may be removed at any
time--
(a) in the case of a member appointed under
20 subsection (1), by the Governor in Council;
and
(b) in the case of a member appointed under
subsection (2), by the Minister.
13 Council appointed members
25 (1) The Council may appoint persons to the Council
as Council appointed members.
(2) In making an appointment under subsection (1),
the Council must have regard to appointing
members to the Council who have--
30 (a) the knowledge, skills and experience
required for the effective working of the
Council;
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Part 2--Constitution and Governance of the University
s. 14
(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 the
5 external community served by the
University.
(3) Not more than 2 members of the Council who are
Council appointed members may be persons
whose normal place of residence is outside
10 Australia.
14 Limitations on membership
(1) A person who is a member of the Parliament of
Victoria or of the Commonwealth or of any other
State or Territory must not be a member of the
15 Council.
(2) A person is ineligible to be a member of the
Council if the person--
(a) is or becomes disqualified from managing
corporations under Part 2D.6 of the
20 Corporations Act; or
(b) is, or has been, convicted or found guilty of
an indictable offence or an offence that, if
committed in Victoria, would be an
indictable offence.
25 15 Responsibilities of Council members
(1) A member of the Council must act reasonably to
ensure that the Council carries out its functions
and exercises its powers appropriately, effectively
and efficiently.
30 (2) In exercising his or her responsibilities and
carrying out his or her functions and duties, a
member of the Council must--
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(a) act in good faith, honestly and for proper
purposes consistent with the objects and
interests of the University; and
(b) exercise reasonable skill, appropriate care
5 and diligence; and
(c) take reasonable steps to avoid all conflicts of
interest unless they are declared in
accordance with clause 11 of Schedule 1.
(3) A member of the Council must not make improper
10 use of his or her position as a member, or of
information acquired because of his or her
position as a member, to gain, directly or
indirectly, an advantage for the member or for
another person.
15 16 Remuneration
(1) Subject to subsection (2), at the discretion of the
Council, a member of the Council other than a
member who holds--
(a) a full-time office on the staff of the
20 University; or
(b) a full-time office under the Crown in any of
its capacities; or
(c) a full-time office in a statutory authority--
may be paid the remuneration and fees that are
25 fixed from time to time by the Minister for that
member.
(2) The following persons are not entitled to be paid
or to receive any remuneration, fees, allowances
or expenses in respect of their membership of the
30 Council--
(a) the Chief Justice and other Justices of the
High Court of Australia;
(b) the Chief Justice and other Judges of the
Supreme Court;
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(c) a judge of any other court in Victoria or
another State or Territory.
17 Membership and procedure of Council
Schedule 1 has effect with respect to the
5 membership and procedure of the Council.
18 Power to delegate
(1) Subject to subsection (2), the Council, by
instrument, may delegate its powers or functions
under this Act to--
10 (a) a member of the Council; or
(b) a committee of the Council; or
(c) any member of staff of the University; or
(d) the academic board or its equivalent; or
(e) any other entity prescribed by the university
15 statutes.
(2) The Council must not delegate--
(a) this power of delegation; or
(b) the power to appoint officers under
section 9(1)(a); or
20 (c) the power to make university statutes.
Note
See also sections 41A, 42 and 42A of the Interpretation of
Legislation Act 1984.
19 Indemnities
25 The University must indemnify and keep
indemnified--
(a) each member of the Council; and
(b) any member of a committee constituted or
appointed by resolution of the Council or by
30 or under a university statute or university
regulation; and
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(c) any member of the academic board or its
equivalent--
against all actions or claims (whether arising
during or after the term of office of that member)
5 in respect of any act or thing done or omitted to be
done in good faith in the exercise or purported
exercise of any power or duty conferred or
imposed by or under this Act--
(d) on the Council, any committee or the
10 academic board or its equivalent; or
(e) on any member or members of the Council,
any committee or the academic board or its
equivalent.
__________________
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s. 20
PART 3--PERSONS AND BODIES CONNECTED WITH THE
UNIVERSITY
20 Academic board
Subject to the university statutes and university
5 regulations, the Council--
(a) must establish an academic board or its
equivalent; and
(b) must determine--
(i) the powers, functions and membership
10 of the academic board or its equivalent;
and
(ii) the method of appointment of a
president (however designated) of the
academic board or its equivalent.
15 21 Faculties, departments, divisions, centres, units,
schools and institutes of the University
(1) There are the faculties, departments, divisions,
centres, units, schools and institutes of the
University (however designated) that the Council
20 from time to time specifies.
(2) Nothing in this section limits the name by which
any faculty, department, division, centre, unit,
school or institute or the head of any faculty,
department, division, centre, unit, school or
25 institute may be known.
22 Visitor
(1) The person who holds the office of Governor of
the State is the Visitor of the University.
(2) Subject to subsection (3), the Visitor has power to
30 do anything necessary to carry out the duties and
functions of the Visitor.
561368B.I-25/11/2009 20 BILL LA INTRODUCTION 25/11/2009
University of Ballarat Bill 2009
Part 3--Persons and Bodies Connected with the University
s. 23
(3) The Visitor--
(a) has ceremonial functions only; and
(b) has no powers, duties or functions with
respect to the resolution of disputes or any
5 other matter concerning the affairs of the
University, other than a matter involving the
exercise of ceremonial functions only.
23 Acting Visitor
(1) The Visitor may authorise a person to act as
10 Visitor in his or her place--
(a) in relation to any particular matter
concerning the affairs of the University; or
(b) during any period when the Visitor is absent
or unable to act.
15 (2) The person who is authorised to act as Visitor
under subsection (1) has all the powers, duties and
functions of the Visitor to the extent, or for the
period of, the authorisation under that subsection.
__________________
561368B.I-25/11/2009 21 BILL LA INTRODUCTION 25/11/2009
University of Ballarat Bill 2009
Part 4--Officers of the University
s. 24
PART 4--OFFICERS OF THE UNIVERSITY
24 Chancellor
(1) There is a Chancellor of the University.
(2) The Council must appoint a person to the office of
5 Chancellor of the University when there is a
vacancy in that office.
(3) A person may be appointed Chancellor whether or
not the person is a member of the Council.
(4) The Chancellor holds office--
10 (a) for a term not exceeding 5 years fixed by the
Council in accordance with the university
statutes and is eligible for reappointment;
and
(b) on the conditions determined by the Council
15 in accordance with the university statutes
and university regulations.
25 Deputy chancellor
(1) There is at least one deputy chancellor of the
University.
20 (2) The Council must appoint a person to be a deputy
chancellor of the University when there is a
vacancy in that office.
(3) A deputy chancellor holds office--
(a) for a term not exceeding 5 years fixed by the
25 Council in accordance with the university
statutes and is eligible for reappointment;
and
(b) on the conditions determined by the Council
in accordance with the university statutes
30 and university regulations.
561368B.I-25/11/2009 22 BILL LA INTRODUCTION 25/11/2009
University of Ballarat Bill 2009
Part 4--Officers of the University
s. 26
(4) A deputy chancellor is to act as Chancellor--
(a) in the absence of the Chancellor; or
(b) during any vacancy in the office of
Chancellor; or
5 (c) during the inability of the Chancellor to act;
or
(d) at any other time with the consent of the
Chancellor.
(5) When acting as Chancellor, a deputy chancellor
10 has all the powers and duties of the Chancellor.
26 Vice-Chancellor
(1) There is a Vice-Chancellor and President of the
University.
(2) The Council must appoint a person to the office of
15 Vice-Chancellor when there is a vacancy in that
office.
(3) Despite subsection (2) and section 27(1), pending
the appointment of a Vice-Chancellor under
subsection (2), the Council may make an interim
20 appointment of a person to a vacancy in the office
of Vice-Chancellor.
(4) An interim appointment under subsection (3) is
for the period specified in the appointment, being
a period not exceeding 12 months.
25 (5) The Vice-Chancellor's terms of appointment are
determined by the Council in accordance with the
university statutes and university regulations.
(6) Subject to this Act, the Vice-Chancellor--
(a) is the chief executive officer of the
30 University generally responsible for the
conduct of the University's affairs in all
matters; and
561368B.I-25/11/2009 23 BILL LA INTRODUCTION 25/11/2009
University of Ballarat Bill 2009
Part 4--Officers of the University
s. 27
(b) has the functions, powers and duties
conferred or imposed upon him or her--
(i) by or under this Act or any other Act;
or
5 (ii) by or under any university statute or
university regulation; or
(iii) by the Council.
(7) Subject to this Act, the university statutes and the
university regulations, the Vice-Chancellor may
10 delegate any of his or her functions, powers and
duties to--
(a) any appropriately qualified member of staff;
or
(b) any committee established from
15 appropriately qualified members of staff.
27 Other officers
(1) In accordance with the university statutes and
university regulations, during the absence of the
Vice-Chancellor, the Council may appoint an
20 acting Vice-Chancellor.
(2) In accordance with the university statutes and
university regulations, the Council may appoint
one or more deputy vice-chancellors who have the
functions, duties and powers conferred by the
25 university statutes and university regulations.
__________________
561368B.I-25/11/2009 24 BILL LA INTRODUCTION 25/11/2009
University of Ballarat Bill 2009
Part 5--University Statutes and University Regulations
s. 28
PART 5--UNIVERSITY STATUTES AND UNIVERSITY
REGULATIONS
28 Council may make university statutes and university
regulations
5 Subject to this Act, the Council may make any
university statutes and university regulations with
respect to any matter relating to--
(a) the University; and
(b) any person--
10 (i) entering or on land or other property of
the University; or
(ii) using University facilities.
29 Specific subject matter for university statutes and
university regulations
15 (1) Without limiting section 28, university statutes
and university regulations may be made for or
with respect to--
(a) the organisation, management and good
governance of the University;
20 (b) the academic board or its equivalent;
(c) the employment of staff;
(d) retired staff members;
(e) discipline;
(f) academic dress and academic titles, ranks or
25 positions;
(g) the common seal;
(h) intellectual property;
(i) examinations;
(j) graduates;
30 (k) students;
561368B.I-25/11/2009 25 BILL LA INTRODUCTION 25/11/2009
University of Ballarat Bill 2009
Part 5--University Statutes and University Regulations
s. 29
(l) student loans;
(m) courses of study;
(n) credit in courses of the University for work
done elsewhere;
5 (o) degrees and other awards;
(p) fees charged by the University;
(q) trusts and endowments;
(r) organisations, amenities and services which
are not of an academic nature;
10 (s) property, including buildings and staff
housing;
(t) traffic, including parking on University
property;
(u) elections conducted by or on behalf of the
15 University including voting by post,
electronic voting, proportional representation
and preferential voting;
(v) research, development, consultancy,
university commercial activities and other
20 services undertaken by the University for
commercial organisations, public bodies or
individuals;
(w) recognition of institutions or bodies at
which--
25 (i) work is undertaken by students of the
University for the purpose of
satisfaction of degree requirements of
the University; or
(ii) research is or may be undertaken by
30 teaching or research staff of the
University; or
561368B.I-25/11/2009 26 BILL LA INTRODUCTION 25/11/2009
University of Ballarat Bill 2009
Part 5--University Statutes and University Regulations
s. 30
(iii) any other work is undertaken that
assists the University to attain any of its
objects;
(x) teaching, research and continuing education
5 projects and university commercial activities
within and outside Victoria undertaken by
the University jointly with commercial
organisations, public bodies or individuals;
(y) the affiliation with the University of any
10 colleges, halls of residence for students,
educational, commercial, cultural, sporting
or other institution, organisation or body if--
(i) the affiliation would assist in attaining
any of the objects of the University;
15 and
(ii) the governing body of the college, hall
of residence, institution, organisation or
body has consented to the affiliation.
(2) Without limiting section 28, university statutes
20 and university regulations may be made for or
with respect to any other matter in relation to
which--
(a) the Council may make university statutes or
university regulations; or
25 (b) it is necessary or expedient to make
university statutes or university regulations
for the good governance of the University or
for the management of its affairs.
30 University statutes may provide for making of
30 university regulations
(1) A university statute made by the Council may
provide for the making of university regulations
for or with respect to prescribing or providing for
any matter or thing for the purposes of the
35 university statute, either by--
561368B.I-25/11/2009 27 BILL LA INTRODUCTION 25/11/2009
University of Ballarat Bill 2009
Part 5--University Statutes and University Regulations
s. 31
(a) the Council; or
(b) if the university statutes authorise it, by--
(i) the Vice-Chancellor; or
(ii) the academic board or its equivalent.
5 (2) A university statute made by the Council may
provide for--
(a) the manner of making and promulgation of a
university regulation;
(b) the revocation or amendment of a university
10 regulation.
31 Manner of making university statutes and university
regulations
(1) A university statute made by the Council must--
(a) be in writing; and
15 (b) have the common seal of the University
affixed; and
(c) be submitted to the Minister for approval.
(2) The Council must ensure that university statutes
and university regulations are readily available to
20 the public by whatever means the Council
considers appropriate.
(3) The Council may revoke or amend any university
statute made under this Part in the same manner
and subject to the same terms and conditions as
25 the university statute was made.
Note
See also section 27 of the Interpretation of Legislation Act
1984.
(4) The Vice-Chancellor may revoke or amend any
30 university regulation made under section
30(1)(b)(i).
561368B.I-25/11/2009 28 BILL LA INTRODUCTION 25/11/2009
University of Ballarat Bill 2009
Part 5--University Statutes and University Regulations
s. 32
(5) The academic board or its equivalent may revoke
or amend any university regulation made by the
academic board or its equivalent under section
30(1)(b)(ii).
5 Note
Section 30 empowers a university statute to provide for the
revocation and amendment of university regulations.
32 Commencement
(1) A university statute comes into operation on the
10 day on which the Minister approves it unless a
later commencement day is specified in the
university statute.
(2) A university regulation comes into operation on--
(a) the day on which it is promulgated in
15 accordance with the university statute under
which it is made; or
(b) if a later day is specified in the university
regulation, that later day.
33 Application of laws to university statutes and
20 university regulations
(1) A university statute or university regulation is not
a statutory rule for the purposes of the
Subordinate Legislation Act 1994.
(2) A university statute or university regulation is not
25 a subordinate instrument for the purposes of
section 32 of the Interpretation of Legislation
Act 1984.
34 Judicial notice of university statute or university
regulation
30 (1) The production of a verified copy of a university
statute under the common seal of the University is
sufficient evidence of its making and
authenticity--
561368B.I-25/11/2009 29 BILL LA INTRODUCTION 25/11/2009
University of Ballarat Bill 2009
Part 5--University Statutes and University Regulations
s. 34
(a) in all courts and tribunals; and
(b) before all persons acting judicially.
(2) The production of a verified copy of a university
regulation under the common seal of the
5 University is sufficient evidence of its making and
authenticity--
(a) in all courts and tribunals; and
(b) before all persons acting judicially.
__________________
561368B.I-25/11/2009 30 BILL LA INTRODUCTION 25/11/2009
University of Ballarat Bill 2009
Part 6--Property, Finance and Commercial Activities
s. 35
PART 6--PROPERTY, FINANCE AND COMMERCIAL
ACTIVITIES
Division 1--Property generally
35 Powers relating to property
5 The University--
(a) may acquire by purchase, gift, grant, bequest
or devise any property for the purposes of
this Act; and
(b) may agree to and carry out any conditions of
10 any such purchase, gift, grant, bequest or
devise; and
(c) has control and management of all property
vested in or acquired by the University; and
(d) may dispose of property of the University.
15 Division 2--Land
36 Acquisition of land
(1) After consultation with the University, the
Minister may acquire any land for the purposes of,
or in connection with, the University.
20 (2) Land acquired under subsection (1) may be
acquired by agreement or compulsorily.
(3) The Land Acquisition and Compensation Act
1986 applies to this Act and for that purpose--
(a) the University of Ballarat Act 2009 is the
25 special Act; and
(b) the Minister is the Authority.
561368B.I-25/11/2009 31 BILL LA INTRODUCTION 25/11/2009
University of Ballarat Bill 2009
Part 6--Property, Finance and Commercial Activities
s. 36
(4) Any land acquired by agreement under this Act by
the Minister--
(a) is to be conveyed or transferred to the
Crown; and
5 (b) may be dealt with as unalienated Crown
land, despite anything to the contrary in any
Act.
(5) Any land acquired compulsorily under this Act by
the Minister--
10 (a) vests in the Crown under section 24 of the
Land Acquisition and Compensation Act
1986, despite anything to the contrary in that
section; and
(b) may be dealt with as unalienated Crown
15 land, despite anything to the contrary in any
Act.
(6) Despite anything to the contrary in the Land Act
1958, any unalienated Crown land may--
(a) be granted in fee simple to the University or
20 to any educational institution affiliated or
connected with the University--
(i) for the consideration (if any) that the
Governor in Council determines; and
(ii) subject to the conditions, limitations
25 and restrictions that the Governor in
Council determines; or
(b) be reserved under the Crown Land
(Reserves) Act 1978 either permanently or
temporarily as a site for the purposes of the
30 University or any such institution.
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University of Ballarat Bill 2009
Part 6--Property, Finance and Commercial Activities
s. 37
37 Disposal of land
(1) Without the prior approval of the Minister, the
University must not alienate any land granted in
fee simple under section 36(6)(a) whether--
5 (a) the alienation of the land is in fee simple or
for a lesser estate or interest; or
(b) the alienation of the land is--
(i) total or partial; or
(ii) subject to conditions.
10 (2) Subsection (1) does not apply to a leasehold
interest not exceeding 21 years.
(3) Without the prior approval of the Minister, the
University must not alienate any interest in fee
simple in any land owned by the University, other
15 than land referred to in section 36(6)(a), if the sum
of the consideration for the transfer or conveyance
of that interest exceeds--
(a) $5 000 000; or
(b) any other greater amount that the Minister
20 fixes by notice published in the Government
Gazette.
(4) Without the prior approval of the Minister, the
University must not grant a lease for a term
exceeding 21 years of any land owned by the
25 University other than land referred to in
section 36(6)(a).
(5) Subject to section 38, this section has effect
despite any Act or law to the contrary, including
any rule of common law.
30 38 Disposal of investment lands
Sections 37(3) and 37(4) do not apply to any land
or any interest in land which, in the opinion of the
Council, was acquired for investment purposes.
561368B.I-25/11/2009 33 BILL LA INTRODUCTION 25/11/2009
University of Ballarat Bill 2009
Part 6--Property, Finance and Commercial Activities
s. 39
Division 3--Trust funds and related matters
39 Creation and administration of trust funds and
other funds
Subject to this Act, the University may create and
5 administer--
(a) any trust fund; or
(b) funds for any other purpose.
40 Establishment of investment common funds
(1) The University may establish one or more
10 investment common funds for the collective
investment of any trust funds and other funds held
by or in the custody of the University.
(2) The University, without liability for breach of
trust, may bring into or withdraw from any
15 investment common fund the whole or any part of
any trust fund or other fund held by or in the
custody of the University.
(3) Subsection (2) applies despite any direction to the
contrary, whether express or implied, contained in
20 the trust instrument.
41 Distribution of income of investment common funds
(1) Subject to subsection (2), the University must
periodically distribute the income of each
investment common fund among the funds
25 participating in the pool having regard to the
extent of the participation by each fund during the
relevant accounting period.
(2) From time to time the University, if it considers it
expedient to do so, may--
30 (a) add some portion of the income of each
investment common fund to the capital of the
common fund; or
561368B.I-25/11/2009 34 BILL LA INTRODUCTION 25/11/2009
University of Ballarat Bill 2009
Part 6--Property, Finance and Commercial Activities
s. 42
(b) establish a fund or funds as a provision
against capital depreciation or reduction in
income.
42 Commissions etc.
5 (1) Out of the annual income of a trust fund in an
investment common fund, the University may
periodically deduct an amount not exceeding 5%
of the annual income of that trust fund as
commission for the administration of that trust
10 fund.
(2) The commission deducted in accordance with
subsection (1) is to be received and accepted by
the University as full payment to it for the costs of
administration of the trust fund.
15 (3) The University must not make any other charges
on the trust fund in addition to the commission
received under subsection (2) except in
accordance with the trust instrument.
43 Delegation
20 Despite the terms of any trust--
(a) the University may delegate all or any of its
powers, functions and duties as trustee under
this Division, other than this power of
delegation, to--
25 (i) the Council or a committee of the
Council; or
(ii) a designated staff member of the
University; and
(b) the Council may delegate all or any of its
30 powers, functions and duties as trustee under
this Division, other than this power of
delegation, to--
561368B.I-25/11/2009 35 BILL LA INTRODUCTION 25/11/2009
University of Ballarat Bill 2009
Part 6--Property, Finance and Commercial Activities
s. 44
(i) a committee of the Council; or
(ii) a designated staff member of the
University.
Division 4--Finance
5 44 Revenue
Subject to this Act, all fees and all other money
received by or on behalf of the University under
this Act or otherwise must be applied by the
University solely for the objects or purposes of the
10 University.
45 Borrowing powers
(1) Subject to this Act, for the purpose of carrying out
or performing any of its powers, authorities, duties
or functions, the University may--
15 (a) borrow money at interest by way of
mortgage, overdraft with an ADI or
otherwise; or
(b) without limiting paragraph (a)--
(i) obtain financial accommodation within
20 the meaning of section 3 of the
Borrowing and Investment Powers
Act 1987; or
(ii) enter into and perform financial
arrangements within the meaning of
25 that section of that Act.
Note
Section 38 of the Interpretation of Legislation Act 1984
defines ADI as an authorised deposit-taking institution
within the meaning of the Banking Act 1959 of the
30 Commonwealth.
561368B.I-25/11/2009 36 BILL LA INTRODUCTION 25/11/2009
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Part 6--Property, Finance and Commercial Activities
s. 46
(2) Subsection (1) applies within the limits and upon
the conditions as to security and otherwise as the
Treasurer, from time to time, approves after
consultation with the Minister.
5 46 Investments
(1) Subject to this Act, the University may invest any
money of the University in any manner of
investment authorised by the Council.
(2) Any endowment funds held by the University in
10 accordance with specific trusts as to the payment
of the income from those funds in perpetuity may
be invested for the time being in any manner in
which moneys may be invested under the Trustee
Act 1958.
15 47 Audit of income and expenditure of University
The Council must arrange for an audit of the
income and expenditure of the University in
accordance with the guidelines.
Division 5--Joint ventures and companies
20 48 Corporations and joint ventures
(1) For the purposes of one or more of the objects set
out in subsection (2), the University may, in
accordance with the guidelines--
(a) be a member of a company, association, trust
25 or partnership;
(b) form, manage or participate in the formation
of a company, association, trust or
partnership;
(c) enter into a joint venture or joint undertaking
30 with another person or persons.
561368B.I-25/11/2009 37 BILL LA INTRODUCTION 25/11/2009
University of Ballarat Bill 2009
Part 6--Property, Finance and Commercial Activities
s. 49
(2) For the purposes of subsection (1), the objects
are--
(a) making available facilities for study,
research or education;
5 (b) providing teaching, research, development,
consultancy or other services for public or
private entities;
(c) assisting or engaging in the development or
promotion of the University's research or the
10 application or use of the results of that
research;
(d) preparing, publishing, distributing or
licensing the use of literary or artistic work,
audio or audiovisual material or computer
15 software;
(e) exploiting commercially a facility or
resource of the University, including but not
limited to, study, research or knowledge
developed by or belonging to the University,
20 whether alone or with another entity;
(f) seeking or encouraging gifts to the
University or for the University's purposes;
(g) any other object, consistent with this Act,
that the Council considers appropriate in the
25 circumstances.
49 Audit of limited company
(1) If the University--
(a) forms, participates in the formation of, or is a
member of, a limited company to which
30 section 48 applies; and
561368B.I-25/11/2009 38 BILL LA INTRODUCTION 25/11/2009
University of Ballarat Bill 2009
Part 6--Property, Finance and Commercial Activities
s. 50
(b) has control, within the meaning of section 3
of the Audit Act 1994, of that limited
company--
the accounts of the limited company must be
5 audited annually by the Auditor-General.
(2) The requirements of subsection (1) are in addition
to the requirements of the Corporations Act.
50 Audit of other companies
(1) If the University--
10 (a) forms, participates in the formation of, or is a
member of, a company under section 48 that
is not incorporated or taken to be
incorporated under the Corporations Act; and
(b) has control, within the meaning of section 3
15 of the Audit Act 1994, of that limited
company--
the accounts of the company must be audited
annually by the Auditor-General.
(2) The Auditor-General is not required to audit the
20 accounts of a company incorporated or formed in
a place outside Australia under this section if--
(a) under the law applying to that company in
that place, the Auditor-General cannot be
appointed as auditor of the company; or
25 (b) in the Auditor-General's opinion, it is
impracticable or unreasonable for the
Auditor-General to audit, or be required to
audit, the accounts.
561368B.I-25/11/2009 39 BILL LA INTRODUCTION 25/11/2009
University of Ballarat Bill 2009
Part 6--Property, Finance and Commercial Activities
s. 51
51 Audits under sections 49 and 50 generally
(1) For the purposes of an annual audit under
section 49 or 50--
(a) the Auditor-General and any person assisting
5 the Auditor-General has, with respect to the
accounts of the limited company or other
company, as the case requires, all the powers
conferred on the Auditor-General by any law
relating to the auditing of public accounts;
10 (b) the limited company or other company, as
the case requires, must within 3 months after
the company's accounts are balanced cause a
statement of accounts to be prepared and
submitted to the Auditor-General;
15 (c) the statement of accounts must--
(i) be prepared in the manner and in the
form approved by the Minister
administering Part 7 of the Financial
Management Act 1994; and
20 (ii) present fairly the financial transactions
of the limited company or other
company during the year and the
financial position of the company at the
end of the year;
25 (d) the Auditor-General must forward to the
Minister administering Part 7 of the
Financial Management Act 1994 a copy of
the audited annual accounts.
(2) Without limiting subsection (1)(a) or any powers
30 of the Auditor-General under the Audit Act 1994,
the Auditor-General and any person assisting the
Auditor-General--
(a) has right of access at all times to the books,
securities, accounts and vouchers of the
35 limited company or other company; and
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University of Ballarat Bill 2009
Part 6--Property, Finance and Commercial Activities
s. 52
(b) may require from an officer or employee of
the limited company, other company or the
University any information, assistance and
explanations necessary for the performance
5 of the duties of the Auditor-General or
person in relation to the audit.
(3) The University must pay to the Consolidated Fund
an amount to be determined by the Auditor-
General to defray the costs and expenses of an
10 audit under section 49 or 50.
(4) Sections 49 and 50 do not apply to any limited
company or other company of which the
University has ceased to be a member before the
last preceding annual audit.
15 Division 6--Guidelines
52 Declarations--university commercial activity
After consultation with the University, the
Minister may, by order published in the
Government Gazette, declare--
20 (a) an activity to be a university commercial
activity for the purposes of paragraph (a) of
the definition of university commercial
activity;
(b) a commercial activity not to be a university
25 commercial activity for the purposes of
paragraph (b) of the definition of university
commercial activity.
53 University may submit guidelines to the Minister
(1) The University may submit to the Minister for
30 approval guidelines for or with respect to--
(a) the carrying out of university commercial
activities;
(b) auditing under this Part;
561368B.I-25/11/2009 41 BILL LA INTRODUCTION 25/11/2009
University of Ballarat Bill 2009
Part 6--Property, Finance and Commercial Activities
s. 53
(c) finance and property matters;
(d) any other matter related to the exercise of
any functions, powers or duties under this
Part;
5 (e) any combination of the matters referred to in
paragraphs (a) to (d).
(2) Without limiting the content of the guidelines, the
guidelines may provide for or with respect to--
(a) requirements for feasibility and due diligence
10 assessment;
(b) requirements for identifying appropriate
governance and administrative arrangements,
including legal structures and audit
requirements;
15 (c) requirements for undertaking risk assessment
and risk management measures;
(d) maintaining any register of university
commercial activities or the publication of
information relating to university
20 commercial activities in annual reports;
(e) regulating the delegation by the Council of
any of its functions under this Act in
connection with the University's commercial
activities;
25 (f) the rights and responsibilities of members of
the Council in relation to commercialisation
for the purposes of avoiding real or apparent
conflicts of interest;
(g) any other matters the Council considers
30 appropriate.
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Part 6--Property, Finance and Commercial Activities
s. 54
54 Consultation
Before approving or making any guidelines, the
Minister must consult with--
(a) the Treasurer; and
5 (b) the University on the final form and content
of the guidelines.
55 Ministerial approval of guidelines and power to
make guidelines
(1) On the submission under section 53 by the
10 University of guidelines for approval, the Minister
may--
(a) approve the guidelines; or
(b) refer the guidelines back to the University
for amendment in accordance with any
15 comments the Minister may make; or
(c) refuse to approve the guidelines.
(2) The Minister may make interim guidelines for or
with respect to the matters specified in section 53
pending--
20 (a) the submission of guidelines by the
University; or
(b) the approval by the Minister of guidelines
submitted by the University.
(3) Unless sooner revoked by the Minister, interim
25 guidelines made under subsection (2) operate until
the Minister approves guidelines submitted by the
University.
56 Publication and availability
(1) The Minister--
30 (a) must cause the guidelines to be published in
the Government Gazette; and
(b) may publish the guidelines on the Internet.
561368B.I-25/11/2009 43 BILL LA INTRODUCTION 25/11/2009
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Part 6--Property, Finance and Commercial Activities
s. 57
(2) The guidelines take effect--
(a) on the date of publication in the Government
Gazette; or
(b) such later date that is specified in the
5 guidelines.
57 Guidelines and university statutes
The guidelines must not be inconsistent with a
university statute or university regulation.
58 Council to ensure compliance
10 (1) The Council must ensure that any guidelines are
complied with in carrying out the activities,
functions, powers or duties to which the
guidelines relate.
(2) The failure of the Council to ensure compliance
15 with a guideline in relation to a university
commercial activity does not of itself invalidate
any commercial agreement entered into, or action
taken, by the Council or the University in respect
of a university commercial activity to which the
20 guideline relates.
59 Reports to Minister
The Minister may request the University to
provide a report on--
(a) university commercial activities generally; or
25 (b) any particular university commercial
activity; or
(c) any aspect of a university commercial
activity.
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Part 6--Property, Finance and Commercial Activities
s. 60
60 Referral to Auditor-General
(1) The Minister may refer to the Auditor-General for
investigation and report to the Minister--
(a) a university commercial activity; or
5 (b) any aspect of a university commercial
activity.
(2) A referral under subsection (1) may be made
whether or not the university commercial activity
was the subject of a report under section 59.
__________________
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University of Ballarat Bill 2009
Part 7--General
s. 61
PART 7--GENERAL
61 Fine is civil debt recoverable summarily
A fine imposed under the university statutes or
university regulations on a member of the staff of
5 the University, a student or any person entering or
on land or other property of the University or
using University facilities is a civil debt
recoverable summarily by the University in any
court of competent jurisdiction.
10 62 Certificate is evidence of amount of fine
A certificate in writing--
(a) signed by the Vice-Chancellor or a person
appointed by him or her for the purpose as to
the amount of a fine imposed under the
15 university statutes or university regulations
on a member of the staff of the University, a
student or any person entering or on land or
other property of the University or using
University facilities; and
20 (b) giving particulars of the date of, and reasons
for, the imposition of the fine--
is prima facie evidence of the facts stated in the
certificate in all courts and before all persons
acting judicially.
__________________
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University of Ballarat Bill 2009
Part 8--Repeal and Transitional Matters
s. 63
PART 8--REPEAL AND TRANSITIONAL MATTERS
Division 1--Repeal
63 Repeal
The University of Ballarat Act 1993 is repealed. See:
Act No.
107/1993.
Reprint No. 3
as at
31 July 2008.
LawToday:
www.
legislation.
vic.gov.au
5 Division 2--Transitional provisions
64 Definitions for this Division
In this Division--
commencement date means the day on which
section 63 comes into operation;
10 old Act means the University of Ballarat Act
1993.
65 Operation of Interpretation of Legislation Act 1984
Unless the contrary intention expressly appears,
this Division does not affect or take away from the
15 Interpretation of Legislation Act 1984.
Note
See in particular sections 14 and 16 of the Interpretation of
Legislation Act 1984.
66 University
20 (1) Subject to section 4, on and from the
commencement date, the University is taken to be
the same body as it was immediately before that
commencement, despite any changes to the
constitution of the University and no decision,
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Part 8--Repeal and Transitional Matters
s. 67
matter or thing is to be affected because of those
changes.
(2) On and from the commencement date, all property
vested in the University under the old Act,
5 including all money standing immediately before
that date to the credit of a fund or account of the
University under the old Act and any other money
belonging to the University as at that date may,
after that date, be used or invested by the
10 University in accordance with this Act.
67 Council
(1) On and from the commencement date, the
Council--
(a) subject to paragraph (b), is taken to be the
15 same body as it was immediately before that
commencement, despite any changes to the
constitution of the Council and no decision,
matter or thing is to be affected because of
those changes; and
20 (b) continues in existence as if established under
Division 2 of Part 2.
(2) On and from the commencement date, all property
vested in the Council under the old Act, including
all money standing immediately before that date
25 to the credit of a fund or account of the Council
under the old Act and any other money belonging
to the Council as at that date may, after that date,
be used or invested by the Council in accordance
with this Act.
30 68 Members of Council
(1) On and from the commencement date, the
members of the Council in office under the old
Act immediately before that date, subject to
subsection (2)--
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Part 8--Repeal and Transitional Matters
s. 69
(a) are taken to be the members of the Council
appointed or elected in accordance with
Part 2; and
(b) continue in office on the same terms and
5 conditions as those on which they were
originally appointed or elected for the
remainder of their original terms as if
appointed or elected, as the case requires,
under this Act.
10 (2) A member of the Council referred to in subsection
(1) other than a member elected by and from the
students whose term in office is due to cease--
(a) in December 2010 continues in office until
30 June 2011;
15 (b) in December 2011 continues in office until
30 June 2012.
69 Staff
(1) A person employed immediately before the
commencement date by the Council in accordance
20 with section 25 of the old Act continues to be
employed under this Act, subject to the same
terms and conditions as applied immediately
before the commencement date.
(2) Nothing in subsection (1) prevents--
25 (a) any of the terms and conditions of
employment of a person referred to in
subsection (1) from being altered by or under
any law, award or agreement or under this
Act, the university statutes and university
30 regulations with effect from any time after
the commencement date; or
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Part 8--Repeal and Transitional Matters
s. 70
(b) a person referred to in subsection (1) from
resigning or being dismissed at any time
after the commencement date in accordance
with the then existing terms and conditions
5 of his or her employment.
70 Construction of references
On and from the commencement date, in any Act
(other than this Act), or in any subordinate
instrument made under any Act or in any other
10 document of any kind, unless the context
otherwise requires--
(a) a reference to the University of Ballarat Act
1993 is to be construed as a reference to the
University of Ballarat Act 2009; and
15 (b) a reference to the Council constituted under
the old Act is to be construed as a reference
to the Council constituted under section 8;
and
(c) a reference to statutes of the University or
20 regulations of the University made under the
old Act is to be construed as a reference, as
the case requires, to--
(i) the university statutes; or
(ii) the university regulations.
25 71 Gifts, trusts and other dispositions
(1) This section applies to--
(a) a gift, disposition or trust of property or a
trust fund to which the old Act applied
immediately before the commencement date;
30 or
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Part 8--Repeal and Transitional Matters
s. 71
(b) a gift, disposition or trust of property or a
trust fund--
(i) made or declared, or deemed to have
been made or declared, or created
5 (as the case requires) before, on or after
the commencement date, by deed, will
or otherwise, to, in favour of, for the
use of, or for the purposes of the
University as established under the old
10 Act; and
(ii) which takes effect, or may take effect,
or, in the case of a trust fund may be
applied, on or after the commencement
date.
15 (2) A gift, disposition, trust or trust fund to which this
section applies does not fail only because of the
repeal of the old Act but, in relation to any other
matter occurring on or after the commencement
date--
20 (a) in the case of a gift, disposition or trust of
property, takes effect as if made or declared
to, or in favour of, the University for a
purpose of the University that corresponds
with, or is similar to, the purposes for which
25 it was made or declared; or
(b) in the case of a trust fund, may be applied as
if created in favour of the University for a
purpose of the University that corresponds
with, or is similar to, the purposes for which
30 the fund was created.
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Part 8--Repeal and Transitional Matters
s. 72
72 University statutes and university regulations
On and from the commencement date, any statute
of the University or regulation of the University
made under the old Act and in force as at that
5 date--
(a) is taken to be a university statute or
university regulation made under this Act, as
the case requires; and
(b) may be amended or revoked in accordance
10 with this Act.
73 Regulations dealing with transitional matters
(1) The Governor in Council may make regulations
containing provisions of a transitional nature,
including matters of an application or savings
15 nature, arising as a result of the enactment of this
Act, including the repeals and amendments made
by this Act.
(2) Regulations made under this section may--
(a) have a retrospective effect to a day on or
20 from the date that this Act receives the Royal
Assent; and
(b) be of limited or general application; and
(c) leave any matter or thing to be decided by a
specified person or class of person; and
25 (d) provide for the exemption of persons or
matters or a class of persons or matters from
any of the regulations made under this
section.
(3) Regulations under this section have effect despite
30 anything to the contrary in any Act (other than this
Act or the Charter of Human Rights and
Responsibilities Act 2006) or in any subordinate
instrument.
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Part 8--Repeal and Transitional Matters
s. 74
Division 3--Repeal of Division 1
74 Repeal of spent provisions
Division 1 is repealed on 1 January 2012.
Note
5 The repeal of Division 1 does not affect the continuing operation
of the repeal made by Division 1 (see section 15(1) of the
Interpretation of Legislation Act 1984).
__________________
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Sch. 1
SCHEDULE 1
Section 17
MEMBERSHIP AND PROCEDURE OF THE COUNCIL
1 Terms and conditions of office of Council members
5 (1) Subject to this Act--
(a) an appointed member holds office until
31 December in the second year next
following the year his or her appointment
takes effect;
10 Example
B is appointed a member of the Council and B's
appointment takes effect on 1 January 2010. B holds
office until 31 December 2012.
(b) a Council appointed member holds office
15 until 31 December in the second year next
following the year his or her appointment
takes effect;
(c) an elected member elected or appointed by
members of staff holds office until
20 31 December in the second year next
following the year his or her election or
appointment takes effect;
(d) an elected member elected or appointed by
enrolled students holds office until
25 31 December in the year next following the
year his or her election or appointment takes
effect.
Example
C is elected to the Council and C's election takes
30 effect on 1 March 2010. C holds office until
31 December 2011.
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(2) Despite subclauses (1)(a) and (1)(b)--
(a) the Governor in Council may appoint an
appointed member until 31 December in the
year, or in the year following the year, the
5 member's appointment takes effect to ensure
that 2 offices of appointed member fall
vacant each year;
(b) the Council may appoint a Council appointed
member until 31 December in the year, or in
10 the year following the year, the member's
appointment takes effect to ensure that
2 offices of Council appointed member fall
vacant each year;
(c) a member of the Council appointed in
15 accordance with paragraph (a) or (b) holds
office for the period specified in his or her
instrument of appointment.
2 Members eligible for reappointment
(1) A member of the Council is eligible to be re-
20 appointed or re-elected to the Council at the end
of the member's term of office, if the member's
period in office does not exceed 12 years of
membership, whether consecutive or not.
(2) Subclause (1) does not apply to a member of the
25 Council whose membership exceeds 12 years if
the Council passes a resolution that the person
may continue to be a member beyond that period.
3 Council's power of removal
(1) The Council may remove a member from office in
30 accordance with this clause.
(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.
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(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 intention to
5 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 than at
the last ordinary meeting of the Council
10 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 notice is given, the
15 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 removed
an opportunity, at or before the meeting
20 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 from the Council; and
25 (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 clause.
30 4 Vacancies in membership of Council
(1) A member's office becomes vacant--
(a) on the expiry of his or her term of office; or
(b) if he or she resigns from office; or
(c) if he or she is removed from office; or
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Sch. 1
(d) if he or she is convicted of an indictable
offence or an offence that, if committed in
Victoria, would be an indictable offence; or
(e) if he or she becomes an insolvent under
5 administration; or
(f) if he or she is elected as a member of the
Parliament of Victoria or of the
Commonwealth or of any other State or
Territory; or
10 (g) if he or she is or becomes disqualified from
managing corporations under Part 2D.6 of
the Corporations Act; or
(h) if he or she ceases to be eligible for the
category of member for which the member
15 was elected or appointed; or
(i) if he or she has failed to attend 3 consecutive
ordinary meetings of the Council, without
the Council's prior approval.
(2) If a member of the Council becomes entitled to be
20 a member ex officio--
(a) that member is deemed to hold office
ex officio; and
(b) the vacated office of that member must be
filled in the manner set out for the filling of
25 casual vacancies.
5 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
30 office--
(a) except in the case of Council appointed
members, may be made within 6 months
before the date of the end of the term of
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office of the retiring member and takes effect
at the end of that term of office; and
(b) in the case of Council appointed members,
must be made on or before the last scheduled
5 meeting of the Council before the end of the
term of office of the retiring member.
6 Conduct of elections
Elections of members of the Council are to be
conducted in accordance with the requirements of
10 this Act and the university statutes.
7 Casual vacancies
(1) If--
(a) at any election for elected members of the
Council--
15 (i) no vacancies are filled; or
(ii) a number of vacancies less than the
whole number which should have been
filled is filled; or
(b) any election should have been held but is not
20 held--
the vacancies which should have been filled and
are not filled are taken to be casual vacancies.
(2) A member of Council eventually elected to fill a
casual vacancy referred to in subclause (1) is
25 entitled to continue in office as if elected at an
election referred to in that subclause.
8 Filling of casual vacancies generally
(1) A casual vacancy in the office of an elected
member, an appointed member or a Council
30 appointed member must be filled by the election
or appointment of a member to fill the vacancy.
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(2) A person who is to be elected or appointed as a
member of the Council must have the like
qualification (if any) as that of the member whose
office has become vacant.
5 (3) Subject to clause 9, the election or appointment
must be made by the person or body of persons
who or which elected or appointed, as the case
requires, the member whose office has become
vacant.
10 (4) Subject to this Act, a member elected or appointed
to fill a casual vacancy is entitled to hold office
during the remainder of the term of the member
whose office the new member fills.
(5) Despite subclause (4), if a casual vacancy occurs
15 within 3 months before the expiry of the term of
office of an elected member, an appointed
member or a Council appointed member, it is not
obligatory to fill the vacancy for the remainder of
that term.
20 9 Interim Ministerial appointments
(1) Despite section 12 and clause 8, after consultation
with the Chancellor, the Minister may make an
interim appointment of a person to a vacancy in
the office of an appointed member.
25 (2) An interim appointment under subclause (1)--
(a) is made by order published in the
Government Gazette; and
(b) is for the period specified in the order, being
a period not exceeding 6 months; and
30 (c) may be made despite the requirements of
section 12.
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10 Chairperson
At every meeting of the Council--
(a) the Chancellor or, in his or her absence, a
deputy chancellor elected by the meeting, is
5 to preside as chairperson; and
(b) in the absence of the Chancellor and the
deputy chancellors, the members of the
Council present must elect a chairperson.
11 Declaration of interests of Council members
10 (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 to his or her
knowledge, declare the nature of the interest--
15 (a) at a meeting of the Council; or
(b) in writing addressed to the Chancellor.
(2) If the Chancellor receives a written declaration
under subclause (1), the Chancellor must report it
or cause it to be reported, at the next meeting of
20 the Council.
(3) The person presiding at a meeting at which a
declaration is made under subclause (1) or
reported under subclause (2) must cause a record
of the declaration to be made in the minutes of the
25 meeting.
(4) After a declaration is made under subclause (1) by
a member of the Council--
(a) unless the Council otherwise directs, the
member must not be present during any
30 deliberation with respect to that matter; and
(b) the member is not entitled to vote on the
matter; and
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(c) if the member does vote on the matter, the
vote must be disallowed.
12 How questions are to be decided and quorum
(1) No question must be decided at any meeting of the
5 Council unless there is a quorum of at least
8 members present.
(2) Subject to any university statute made under
subclause (3), all questions which come before
any meeting of the Council must be decided by
10 the majority of the members present.
(3) Subject to there being a quorum as required by
subclause (1), the Council, by university statute,
may provide that certain resolutions, or
resolutions of certain classes, have effect only if
15 passed by a specified majority of members or of
members present and voting.
(4) The chairperson at any meeting has--
(a) a vote; and
(b) in the case of an equality of votes, a casting
20 vote.
(5) Subject to this Act, the university statutes and the
university regulations, the Council may regulate
its own proceedings.
13 Resolutions without meetings of the Council
25 (1) If a majority of the members for the time being of
the Council sign a document circulated by, or on
behalf of, the Chancellor containing a statement
that those members are in favour of a resolution in
terms set out in the document, a resolution in
30 those terms must be taken to have been passed at a
meeting of the Council--
(a) held on the day on which the document is
signed; or
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(b) 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 taken to have been passed at a
5 meeting of the Council under subclause (1), each
member must--
(a) be advised as soon as practicable; and
(b) be given a copy of the terms of the
resolution.
10 (3) For the purposes of subclause (1), 2 or more
separate documents containing a statement in
identical terms, each of which is signed by one or
more members, is to be taken to constitute one
document.
15 (4) In this clause, member, in relation to a resolution,
does not include a member who, by reason of
clause 11, is not permitted to vote on the
resolution.
14 Approved methods of communication for Council
20 meetings
(1) If not less than two-thirds of the members of the
Council so agree, a meeting of the Council may be
held by means of a method of communication, or
by means of a combination of methods of
25 communication, approved by the Chancellor for
the purposes of that meeting.
(2) For the purposes of this Schedule, a member of
the Council who participates in a meeting held in
accordance with subclause (1) is present at the
30 meeting even if he or she is not physically present
at the same place as another member participating
in the meeting.
(3) In this clause, meeting includes a part of a
meeting.
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15 Committees and delegation of powers
(1) The Council, by resolution, may constitute and
appoint any committees as it thinks fit.
(2) At least one-third of the members of any
5 committee must be members of the Council.
(3) The Council, by resolution, may delegate to any
committee or to any member of a committee all or
any of its powers, authorities, duties and functions
other than--
10 (a) this power of delegation; and
(b) the power to make university statutes and,
except in accordance with section 30,
university regulations.
(4) A delegation under this clause is revocable by
15 resolution of the Council.
Note
See also sections 42 and 42A of the Interpretation of
Legislation Act 1984.
16 Validation of acts or decisions despite vacancy or
20 disqualification
(1) An act or decision of the Council or a committee
of the Council is not invalid merely because of--
(a) a defect or irregularity in, or in connection
with, the appointment or election of a
25 member of the Council; or
(b) a vacancy in the membership of the Council,
including a vacancy arising from the failure
to appoint a member of the Council.
(2) Anything done by or in relation to a person
30 purporting to act as Chairperson, a member of the
Council or on a committee is not invalid merely
because--
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(a) the occasion for the appointment or election
had not arisen; or
(b) there was a defect or irregularity in, or in
connection with, the appointment or election;
5 or
(c) the appointment or election had ceased to
have effect.
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Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561368B.I-25/11/2009 65 BILL LA INTRODUCTION 25/11/2009
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