Victorian Consolidated Legislation

La Trobe University Act 1964 - SECT 9

Removal of members

9. Removal of members



(1) Any member appointed by the Governor in Council may at any time be removed
by the Governor in Council.

(2) Any change in the membership, or the academic rank of the member, of the
Council under section 7(1)(c) does not affect the membership of the Council by
a person who is elected under section 7(1)(d) during the term of appointment
under section 7(1)(d).

(3) If any member of the Council becomes entitled to be a member thereof ex
officio he shall be deemed and taken to hold office as a member ex officio and
his place on the Council thereby vacated shall be filled in the manner
provided for the filling of casual vacancies.

(4) The office of a member of the Council becomes vacant if the member-

   (a)  is or becomes disqualified from managing corporations under Part 2D.6
        of the Corporations Act; or

   (b)  has failed to attend, without the Council's prior approval, 3
        consecutive ordinary meetings of the Council.



(5) Without limiting section 14 and this section and the powers of the
Governor in Council and the Minister under this section, the Council may
remove a member from office in accordance with this section.

(6) The Council may only remove a member from office if it is of the opinion
that the member has failed to comply with the responsibilities of a member of
the Council.

(7) The Council must not remove a member from office unless-

   (a)  another member gives notice at an ordinary meeting of the Council of
        an intention to move a motion for the member to be removed from the
        Council and sets out in the notice the grounds for removal; and

   (b)  the member gives that notice no later than at the last ordinary
        meeting of the Council before the meeting at which the motion to
        remove the member will be put to the Council; and

   (c)  if the member to be removed is not present at the meeting at which
        that notice is given, the Council gives the member written notice of
        the intention and sets out in the notice the grounds for removal; and

   (d)  the Council gives the member to be removed an opportunity, at or
        before the meeting where the motion for removal is to be considered,
        to make submissions in writing or personally before the Council of the
        reasons why the member should not be removed from the Council; and

   (e)  by a majority of two-thirds of the members present at the meeting, the
        Council passes a resolution removing the member from office on the
        grounds stated in the notice given under this section.



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