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PARLIAMENT OF VICTORIA
Victorian College of the Arts (Amendment) Act
1998
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Changes to the objects and powers of the College 2
4. Repeal of redundant provision 3
5. Substitution of sections 7 and 8 3
7. Constitution of the Council 3
8. Term of office 4
6. Amendments concerning the vacation of office 5
7. Change concerning the filling of casual vacancies 5
8. Insertion of section 15A 6
15A. President and Deputy President not to be a staff member
or student 6
9. Substitution of sections 17 and 18 6
17. Council members must declare pecuniary interests 6
18. Council meetings 7
10. Substitution of section 23 8
23. Validity of decisions 8
11. Substitution of section 25 8
25. Purpose and constitution of the Board 8
12. Changes concerning the powers of the Board 9
13. Change to approval process for Statutes 9
14. Clarification concerning participation of non-members at Council
meetings 10
15. Changes to borrowing powers 10
16. Change concerning the acquisition of land 11
17. Insertion of section 33A 11
33A. Disposal of land 11
18. Insertion of sections 39 and 40 12
39. Existing Council members to go out of office 12
40. Initial appointments to re-structured Council 12
19. Repeal of spent provisions 14
20. Statute law revision 14
NOTES 15
i
532103B.I1-31/8/98
PARLIAMENT OF VICTORIA
A BILL
to amend the Victorian College of the Arts Act 1981 and for other
purposes.
Victorian College of the Arts
(Amendment) Act 1998
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Victorian
College of the Arts Act 1981--
(a) to reduce and restructure the membership of
5 the Council of the Victorian College of the
Arts; and
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Victorian College of the Arts (Amendment) Act 1998
s. 2
Act No.
(b) to make changes concerning the College's
ability to acquire and dispose of land; and
(c) to make various miscellaneous amendments
to that Act.
5 2. Commencement
(1) This section and section 1 come into operation on
the day on which this Act receives the Royal
Assent.
(2) The remaining provisions of this Act come into
10 operation on 1 January 1999.
3. Changes to the objects and powers of the College
No. 9566. (1) In section 5 of the Victorian College of the Arts
Reprint No. 2
Act 1981--
as at
1 September
(a) for paragraph (a) substitute--
1997.
15 "(a) to foster the development and
improvement of, and to provide for
education in, the creative, performing
and other arts, and for general
education for people undertaking
20 courses in those arts;";
(b) in paragraph (b), for "or performance"
substitute ", performance or management";
(c) for paragraph (d) substitute--
"(d) to consult and collaborate in the
25 interests of the community with other
arts organisations and other institutions
and people.".
(2) In section 6(2) of the Victorian College of the
Arts Act 1981--
30 (a) in paragraph (e), after "compositions,
scripts," insert "films, literary works,";
2
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Act No.
(b) for paragraph (f) substitute--
"(f) to make grants and loans of financial
assistance to people to enable or assist
those people to receive education in the
5 creative, performing or other arts.".
4. Repeal of redundant provision
Section 6(2)(g) of the Victorian College of the
Arts Act 1981 is repealed.
5. Substitution of sections 7 and 8
10 For sections 7 and 8 of the Victorian College of
the Arts Act 1981 substitute--
"7. Constitution of the Council
(1) The Council consists of the following
18 members--
15 (a) the President of the College;
(b) the Director of the College;
(c) the Chairperson of the Board of Studies
of the College;
(d) the Vice-Chancellor of the University;
20 (e) 2 people elected by and from the staff
of the College in accordance with the
Statutes;
(f) 2 people elected by and from the
students of the College in accordance
25 with the Statutes;
(g) 1 person appointed by the Minister;
(h) 1 person appointed by the Minister
administering the Arts Victoria Act
1972;
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Act No.
(i) 4 people appointed by the Governor in
Council;
(j) 4 people appointed by the Council.
(2) If the Chairperson of the Board of Studies of
5 the College is the Director of the College,
the Deputy Chairperson of the Board is to be
a member of the Council.
(3) A person who is a member of staff, or a
student, of the College is not eligible to be
10 appointed to the Council under sub-section
(1)(g), (h), (i) or (j).
(4) The Vice-Chancellor of the University may
appoint a person to act in her or his place as
a member of the Council (other than a person
15 who is a member of staff, or a student, of the
College).
(5) Not more than 2 of the people appointed
under sub-section (1)(i) or (j) may be people
whose normal place of residence is outside
20 Australia.
8. Term of office
Subject to this Act, a member of the
Council--
(a) elected under section 7(1)(e) holds
25 office until 31 December in the year
after the year her or his election takes
effect;
(b) elected under section 7(1)(f) holds
office until 31 December in the year her
30 or his election takes effect;
(c) appointed under section 7(1)(g), (h), (i)
or (j) holds office until 31 December in
the second year after the year her or his
appointment takes effect.".
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Victorian College of the Arts (Amendment) Act 1998
s. 6
Act No.
6. Amendments concerning the vacation of office
(1) After section 9(1) of the Victorian College of the
Arts Act 1981 insert--
"(1A) A member of the Council appointed by the
5 Minister may, at any time, be removed by
the Minister.
(1B) A member of the Council appointed by the
Minister administering the Arts Victoria
Act 1972 may, at any time, be removed by
10 that Minister.".
(2) For sections 9(3) and (4) of the Victorian College
of the Arts Act 1981 substitute--
"(3) A person who was elected to be a member of
the Council by the staff of the College ceases
15 to be a member of the Council on ceasing to
be a member of the staff of the College.
(4) A person who was elected to be a member of
the Council by the students of the College
ceases to be a member of the Council on
20 ceasing to be a student of the College.
(5) A person who was appointed to be a member
of the Council under section 7(1)(g), (h), (i)
or (j), or an acting member under sub-section
(4), ceases to be such a member of the
25 Council on becoming a member of staff, or a
student, of the College.".
7. Change concerning the filling of casual vacancies
(1) In the proviso to section 13(1) of the Victorian
College of the Arts Act 1981, for "shall not be
30 filled" substitute "may be left vacant".
5
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(2) After section 13(4) of the Victorian College of
the Arts Act 1981 insert--
"(5) Despite anything to the contrary in this
section and section 7, if the office of a
5 person who was appointed to be a member of
the Council by the Governor in Council
becomes vacant, the Minister may appoint a
person to fill the vacancy after consultation
with the President of the College.".
10 8. Insertion of section 15A
After section 15 of the Victorian College of the
Arts Act 1981 insert--
"15A. President and Deputy President not to be a
staff member or student
15 (1) Despite sections 14 and 15, a person who is a
member of staff, or a student, of the College
is not eligible to be the President or Deputy
President of the College.
(2) The office of the President or Deputy
20 President of the College becomes vacant on
the holder of that office becoming a member
of staff, or a student, of the College.".
9. Substitution of sections 17 and 18
For sections 17 and 18 of the Victorian College
25 of the Arts Act 1981 substitute--
"17. Council members must declare pecuniary
interests
(1) A member of the Council who has a
pecuniary interest in a matter being
30 considered or about to be considered by the
Council must, as soon as practicable after the
relevant facts have come to her or his
knowledge, declare the nature of the interest
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Victorian College of the Arts (Amendment) Act 1998
s. 9
Act No.
at a meeting of the Council or in writing
addressed to the President of the College.
(2) If the President of the College receives a
written declaration under sub-section (1), the
5 President must 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
10 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,
15 the member must not be present during
any deliberation with respect to that
matter; and
(b) the member is not entitled to vote on
the matter; and
20 (c) if the member does vote on the matter,
the vote must be disallowed.
18. Council meetings
(1) The Council must meet at least 6 times in
each year.
25 (2) A matter cannot be decided at a meeting
unless at least a majority of the current
members of the Council are present.
(3) If a question arises at a meeting of the
Council, the decision of the majority of the
30 members of the Council present and voting
on the question is the decision of the
Council, unless this Act otherwise provides.
7
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Victorian College of the Arts (Amendment) Act 1998
s. 10
Act No.
(4) The person presiding at a meeting of the
Council has both a deliberative vote and a
casting vote.
(5) A decision to appoint a person to be a
5 member of the Council under section 7(1)(j)
has no effect unless at least half of the
members who are present when the vote is
taken on the decision are members who hold
office under section 7(1)(a), (d), (g), (h), (i)
10 or (j).
(6) Subject to this Act and the Statutes and the
regulations, the Council may regulate its
own proceedings.".
10. Substitution of section 23
15 For section 23 of the Victorian College of the
Arts Act 1981 substitute--
"23. Validity of decisions
An act or decision of the Council is not
invalid--
20 (a) by reason only of a defect or
irregularity in, or in connection with,
the appointment or election of a
member; or
(b) by reason only of a vacancy in its
25 membership; or
(c) by reason only of a defect or
irregularity in, or in connection with,
the election of a person to preside at a
meeting.".
30 11. Substitution of section 25
For section 25 of the Victorian College of the
Arts Act 1981 substitute--
"25. Purpose and constitution of the Board
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Act No.
(1) The College is to have a Board of Studies.
(2) The purpose of the Board of Studies is--
(a) to provide, subject to the direction of
the Academic Board of the University
5 with respect to award courses,
academic oversight of the academic
programs and courses of study in the
College; and
(b) to provide advice to the Council and the
10 University on the conduct and content
of those programs and courses.
(3) The Board of Studies consists of the people
elected to the Board in accordance with the
Statutes.
15 (4) At least one third of the members of the
Board must be people elected by the
academic staff of the College.".
12. Changes concerning the powers of the Board
For section 26(a) of the Victorian College of the
20 Arts Act 1981 substitute--
"(a) may make recommendations to the Council
and the University about the academic affairs
of the College, and in particular, may make
recommendations about instruction, studies,
25 examinations and assessments, research,
degrees, diplomas, certificates and other
awards, and discipline in the College;".
13. Change to approval process for Statutes
In section 27(3) of the Victorian College of the
30 Arts Act 1981--
(a) for "Governor in Council" (wherever
occurring) substitute "Minister";
(b) for "his" substitute "her or his".
9
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s. 14
Act No.
14. Clarification concerning participation of non-
members at Council meetings
In section 28(3) of the Victorian College of the
Arts Act 1981, before "take part in any debate"
5 insert "at the request of the Council".
15. Changes to borrowing powers
For sections 30(1) and (2) of the Victorian
College of the Arts Act 1981 substitute--
"(1) Subject to this Act, the College may--
10 (a) borrow money at interest by way of
mortgage, bank overdraft or otherwise;
or
(b) without limiting paragraph (a), obtain
financial accommodation within the
15 meaning of section 3 of the Borrowing
and Investment Powers Act 1987.
(2) The College may only exercise the powers
conferred by sub-section (1)--
(a) for the purpose of--
20 (i) carrying out or performing any of
its powers, authorities, duties or
functions; or
(ii) repaying, or partial repaying, any
sum previously borrowed or
25 financial accommodation
previously obtained by it; and
(b) within the limits and on the conditions
as to security and otherwise as the
Treasurer, from time to time, approves
30 after consultation with the Minister.
(2A) The College may, with the approval of the
Minister and the Treasurer, enter into and
perform financial arrangements within the
10
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s. 16
Act No.
meaning of the Borrowing and Investment
Powers Act 1987 within the limits and on
the conditions that the Minister or the
Treasurer may, from time to time,
5 determine.".
16. Change concerning the acquisition of land
In section 33(2)(b) of the Victorian College of
the Arts Act 1981, omit "for the time being
administering the Land Act 1958".
10 17. Insertion of section 33A
After section 33 of the Victorian College of the
Arts Act 1981 insert--
"33A. Disposal of land
(1) The Council must not, without the prior
15 approval of the Minister, alienate (whether in
fee simple or for a lesser estate or interest
other than a leasehold interest not exceeding
21 years and whether totally or partially or
subject to conditions) any land granted in fee
20 simple under section 33(3)(a).
(2) The Council must not, without the prior
approval of the Minister--
(a) alienate any interest in fee simple in
any land owned by the College, other
25 than land referred to in section 33(3)(a),
if the sum of the consideration for the
transfer or conveyance of that interest
exceeds $1 500 000 or any other
amount that the Minister fixes by
30 instrument published in the
Government Gazette; or
(b) grant a lease for a term exceeding
21 years of any land owned by the
College other than land referred to in
35 section 33(3)(a).
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s. 18
Act No.
(3) Sub-sections (1) and (2) have effect despite
any Act or law to the contrary, including any
rule of common law.".
18. Insertion of sections 39 and 40
5 After section 38 of the Victorian College of the
Arts Act 1981 insert--
"39. Existing Council members to go out of
office
(1) All members of the Council, except the
10 President of the College, the Director of the
College and the Vice-Chancellor of the
University go out of office at the end of
31 December 1998.
(2) Any person who ceases to hold office as a
15 result of sub-section (1) is eligible to be re-
elected or re-appointed as, or to otherwise
become, a member of the Council.
40. Initial appointments to re-structured
Council
20 (1) The membership of the Council after
31 December 1998 is to initially consist of--
(a) the people specified in sections 7(1)(a),
(b), (c) and (d); and
(b) the people appointed in accordance
25 with sections 7(1)(g) and (h); and
(c) the people appointed under this section.
(2) The Minister must appoint--
(a) 1 person who is a member of the
College staff on 31 December 1998 to
30 be a member of the Council for the
purposes of section 7(1)(e) until
31 December 1999;
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s. 18
Act No.
(b) 1 person who is a member of the
College staff on 31 December 1998 to
be a member of the Council for the
purposes of section 7(1)(e) until
5 31 December 2000;
(c) 2 people who are students of the
College on 31 December 1998 to be
members of the Council for the
purposes of section 7(1)(f) until
10 31 December 1999;
(d) 1 person to be a member of the Council
for the purposes of section 7(1)(j) until
31 December 1999;
(e) 2 people to be members of the Council
15 for the purposes of section 7(1)(j) until
31 December 2000;
(f) 1 person to be a member of the Council
for the purposes of section 7(1)(j) until
31 December 2001.
20 (3) The Governor in Council must appoint, for
the purposes of section 7(1)(i)--
(a) 1 person to be a member of the Council
until 31 December 1999; and
(b) 1 person to be a member of the Council
25 until 31 December 2000; and
(c) 2 people to be members of the Council
until 31 December 2001.
(4) This Act applies to any person appointed to
the Council under this section as if the
30 person had been elected or appointed in
accordance with the relevant provisions of
section 7.
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s. 19
Act No.
(5) This section prevails over anything to the
contrary in sections 7 and 8, but only applies
to the initial appointments to the membership
of the Council.".
5 19. Repeal of spent provisions
Section 37(3)(h) and the Schedule to the
Victorian College of the Arts Act 1981 is
repealed.
20. Statute law revision
10 In section 20 of the Victorian College of the Arts
Act 1981, for "Post-Secondary Education Act
1978" substitute "Tertiary Education Act
1993".
15
14
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Victorian College of the Arts (Amendment) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
15
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Victorian College of the Arts (Amendment) Act 1998
Act No.
16
532103B.I1-31/8/98
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