Victorian Consolidated Legislation

La Trobe University (Bendigo and Wodonga) Act 1990 - SECT 5

PART 2 LA TROBE UNIVERSITY COLLEGE OF NORTHERN VICTORIA

New Part 2 substituted

5. New Part 2 substituted

For Part II of the Principal Act substitute- "PART 2-LA TROBE UNIVERSITY
COLLEGE OF NORTHERN VICTORIA
43. Establishment of College

(1) There is established, as part of the University, a College to be known as
the La Trobe University College of Northern Victoria.

(2) The College is a body corporate consisting of the members of the College
Council, the graduates of the College, members of the academic and other staff
of the College prescribed by the Rules, and the enrolled students of the
College.

(3) The College-

   (a)  has perpetual succession; and

   (b)  shall have a common seal; and

   (c)  is capable in law of suing and being sued; and

   (d)  may acquire, hold and dispose of personal property; and

   (e)  subject to subsections (4) and (5), may acquire, hold and dispose of
        real property or any interest in real property; and

   (f)  is capable of doing and suffering all acts, matters and things that a
        body corporate may by law do or suffer.

(4) If a Statute requires the College Council to obtain the consent of the
Council of the University before acquiring any real property, or class of real
property, or any interest, or class of interest, in real property, the College
Council must not acquire any such property or interest without that consent.

(5) The College Council must not dispose of real property or any interest in
real property without the consent of the Council of the University and the
Governor in Council, except by way of lease for a term of not more than 21
years and at the highest rent throughout the term that may reasonably be
obtained.
44. Common seal

(1) The common seal of the College must be kept in such custody as the College
Council directs and must not be used except by resolution of the College
Council or in such other manner as is authorised by the Rules.

(2) All courts and persons acting judicially must take judicial notice of the
common seal of the College affixed to any document and, until the contrary is
proved, must presume that it was duly affixed.
45. College Council and University Council

(1) Subject to subsection (2), the College Council is responsible for the
management of the College.

(2) The College Council must act in accordance with any direction not
inconsistent with this Act given by the Council of the University in
accordance with a resolution passed at a meeting of the Council convened for
the purpose of considering the proposed direction.
46. Membership of College Council

(1) The College Council shall consist of 26 members as follows-

   (a)  one person appointed by the Minister;

   (b)  two persons appointed by the Council of the University;

   (c)  six persons appointed by the Governor in Council;

   (d)  two persons elected as prescribed by the Rules by and from graduates
        of the College;

   (e)  four persons appointed by the College Council;

   (f)  the Vice Chancellor;

   (g)  the Principal of the College;

   (h)  the Chairperson of the College Academic Board;

   (i)  six persons elected as prescribed by the Rules of whom-

   (i)  two shall be elected by and from staff enrolled as staff of the
        College teaching in or managing academic programs or courses of study
        of higher education or conducting research;

   (ii) one shall be elected by and from staff enrolled as referred to in
        subparagraph (i) who are members of a body representing staff of the
        College who are so enrolled;

   (iii) two shall be elected by and from staff enrolled as staff of the
        College, otherwise than as referred to in subparagraph (i) or (ii);

   (iv) one shall be elected by and from staff enrolled as referred to in
        subparagraph (iii) who are members of a body representing staff of the
        College who are so enrolled;

   (j)  two persons elected as prescribed by the Rules by and from enrolled
        students of the College.

(2) Members appointed under subsection (1)(c) or (e) must be persons
associated with or having an interest in higher education and its relationship
with science, technology, commerce, government, industry, trade unions, the
arts, professional bodies, teaching or the community, in central or northern
Victoria.

(3) If the Vice Chancellor or the Chairperson of the College Academic Board,
by writing given to the secretary of the College Council nominates another
person to act as member of the College Council in his or her place, the person
so nominated is a member of the College Council until the Vice Chancellor or
Chairperson, as the case requires, by writing given to the secretary of the
College Council revokes the nomination or nominates another person.



(4) A person appointed under subsection (1)(a), (b), (c), (d) or (e) must not
be-

   (a)  a person whose sole or principal employment is as a member of the
        staff of the College; or

   (b)  a student of the College.

(5) A person-

   (a)  must not be a member of the College Council appointed or elected under
        subsection (2) for more than 3 consecutive terms; and

   (b)  having been such a member for 3 consecutive terms, must not again be a
        member unless a period equal to the term for which the person was last
        appointed or elected has elapsed since the person was last a member.
47. Term of office of appointed or elected members of College Council

(1) Subject to this Act, a member of the College Council appointed under
section 46(1)(b), (c) or (e) holds office for a term of 3 years.

(2) Subject to this Act, a member of the College Council elected under section
46(1)(d) holds office for a term of 3 years.

(3) Subject to this Act, a member of the College Council elected under section
46(1)(i) holds office for a term of 2 years.

(4) Subject to this Act, a member of the College Council elected under section
46(1)(j) holds office for a term of 1 year.

(5) Subject to this Act, a member of the College Council appointed by the
Minister holds office for the term, not exceeding 3 years, specified in the
instrument of appointment.
48. Removal of appointed members

(1) A member of the College Council appointed by the Governor in Council may,
at any time, be removed by the Governor in Council.

(2) A member of the College Council appointed by the Minister may, at any
time, be removed by the Minister.
49. Vacancies arising from other appointments etc.

(1) If a member of the College Council becomes entitled to be a member ex
officio-

   (a)  that member is deemed to hold office ex officio; and

   (b)  the vacated office of that member shall be filled in the manner
        prescribed for the filling of casual vacancies.

(2) If a member of the College Council-

   (a)  elected by staff ceases to be a member of staff; or

   (b)  elected by enrolled students, ceases to be an enrolled student- that
        member's office becomes vacant and shall be filled in the manner
        prescribed for the filling of casual vacancies.



50. Filling of vacancies on retirement The appointment or election of a person
as a member of the College Council to fill a vacancy caused by the retirement
of a member upon the expiration of the term of office-

   (a)  in the case of an election or the appointment of a person otherwise
        than under section 46(1)(e), may be made within 3 months before the
        date of expiration of the term of office of the retiring member or as
        soon as practicable after that date;

   (b)  in the case of the appointment of a person under section 46(1)(e), may
        be made either at the last meeting of the College Council held before
        the date of expiration of the term of office of the retiring member or
        as soon as practicable after that date.
51. Provision in case of failure of election If-

   (a)  at an election of members of the College Council-

   (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)  an election of members of the College Council which should have been
        held is not held- the vacancies which should have been filled and are
        not filled shall severally be deemed to be casual vacancies and the
        members elected in due course to fill the vacancies are entitled to
        continue in office as if elected at the election.
52. Resignation and removal from office

(1) A member of the College Council, other than the President, may resign by
writing delivered to the President.

(2) The President may resign by writing delivered to the secretary of the
College Council.

(3) The College Council must remove a member of the College Council from
office if the member-

   (a)  is an insolvent under administration within the meaning of the
        Companies (Victoria) Code; or

   (b)  is convicted of an offence referred to in section 227(2) of the
        Companies (Victoria) Code; or

   (c)  is a person to whom an order under section 562 of the Companies
        (Victoria) Code applies.

(4) The College Council may remove a member of the College Council from office
if-

   (a)  in the opinion of the College Council, the member is incapable of
        performing his or her duties; or

   (b)  in the opinion of the College Council, the member refuses to perform,
        or is negligent in the performance of, his or her duties; or

   (c)  if the member, without the College Council's approval, fails to attend
        three consecutive meetings; or

   (d)  the member is convicted of an indictable offence; or

   (e)  the member fails to disclose a pecuniary interest as required by
        section 57.
53. Casual vacancies

(1) If the office of a member of the College Council becomes vacant otherwise
than by reason of the expiry of the member's term of office, a person must be
appointed or elected as prescribed to fill the vacancy and to hold office,
subject to this Act, for the remainder of the term.

(2) If the vacancy occurs within three months before the expiry of a member's
term of office, the office may be left vacant for the remainder of the term.
54. Chairperson of College Council At a meeting of the College Council, the
President, or in the absence of the President, the Deputy President, shall
preside and in the absence of the President and Deputy President, a member of
the College Council elected by the members present shall preside.
55. Pecuniary interests

(1) A member of the College Council who has a pecuniary interest in a matter
being considered or about to be considered by the College Council must, as
soon as practicable after the relevant facts have come to his or her
knowledge, declare the nature of the interest at a meeting of the College
Council or in writing addressed to the President.

(2) If the President receives a written declaration under subsection (1), the
President must report it, or cause it to be reported, at the next meeting of
the College Council.

(3) The person presiding at a meeting at which a declaration is made under
subsection (1) or reported under subsection (2) must cause a record of the
declaration to be made in the minutes of the meeting.

(4) After a declaration is made under subsection (1) by a member of the
College Council-

   (a)  unless the College Council otherwise directs, 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

   (c)  if the member does vote on the matter, the matter must be disallowed.
56. Procedure of College Council

(1) A question arising at a meeting of the College Council shall be determined
by a majority of votes of members present and voting on that question, unless
this Act otherwise provides.

(2) If voting on a question at a meeting of the College Council is equal, the
person presiding has a casting vote as well as a deliberative vote.

(3) A question shall not be decided at a meeting of the College Council unless
the number of members prescribed by the Rules, being at least 10 members, are
present.

(4) The College Council must meet at least six times in each year.

(5) Subject to this Act, the College Council may regulate its own proceedings.
57. Secretary of College Council

(1) There shall be a secretary of the College Council.

(2) The secretary may be a person who is a member of the College Council or a
person appointed by it.
58. Committees

(1) The College Council, by resolution, may constitute and appoint such
committees as it thinks fit.

(2) A committee appointed by the College Council must report to the College
Council on its activities at such times and in such manner as the College
Council directs.
59. Delegation The College Council may delegate all or any of its powers,
authorities, duties and functions, other than-

   (a)  the power to make Rules; and

   (b)  this power of delegation- to a committee appointed by it, a member of
        the College Council or a prescribed officer of the College.
60. Validity of decisions An act or decision of the College Council is not
invalid-

   (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 membership, including a vacancy
        arising out of the failure to appoint or elect an original member; or

   (c)  by reason only of a vacancy in its membership, including a vacancy
        arising out of the failure to appoint or elect an original member; or

   (d)  by reason only of a defect or irregularity in, or in connection with,
        the election of a person to preside at a meeting.
61. Staff

(1) Subject to this Act, the Statutes of the University and the Rules, the
College Council may, on such terms and conditions as it determines, employ
persons in teaching or other positions in the College.

(2) The College Council must not employ a person as Principal of the College
or as a professor or reader in the College unless the person has been
appointed as such Principal, professor or reader by the Council of the
University.

(3) The employment of a person employed in teaching in academic programs or
courses of study or conducting research may not be terminated unless the
College Council so resolves by the votes of at least two-thirds of the members
of the College Council present and voting and at least one half of the total
number of members of the College Council holding office at the time.

(4) The College Council may enter into arrangements with any person, agency or
body for the engagement of persons as teaching or other staff in the College.

(5) Except as otherwise prescribed by the Rules, a person employed in a
teaching or other position in the College shall be enrolled as a member of the
staff of the University and shall be entitled to the rights and privileges
conferred by or under this Act on a member of staff of the University.
62. Awards Subject to the Statutes of the University and the Rules, the
College Council may, after appropriate assessment, recommend to the Council of
the University the conferring of any degree or the granting of any diploma,
certificate or other award.
63. Conferring of degrees etc. Subject to the Statutes and Regulations and the
Rules, the Council of the University may confer on students of the College
such degrees, or grant students of the College such diplomas, certificates and
other awards, as the College Council recommends.
64. Formation of and participation in limited companies

(1) Subject to subsection (2), section 37A applies in relation to the College
and its Council as if, in that section-

   (a)  a reference to the Council were a reference to the College Council;
        and

   (b)  a reference to the University were a reference to the College.

(2) If a Statute requires the College to comply with any condition in relation
to its formation of, participation in the formation of or membership of, a
limited company, the College must not exercise its powers under section 37A
except in accordance with that Statute.

(3) This section does not apply to membership of a limited company if,
immediately before the commencement of section 6 of the
La Trobe University (Bendigo and Wodonga) Act 1990, the
Bendigo College of Advanced Education was a member of that company.
65. Chief executive officer The Vice Chancellor, as chief executive officer of
the University, has in relation to the College such powers and duties as are
prescribed by the Statutes of the University.
66. Principal

(1) The Council of the University must appoint a person to be the Principal of
the College, subject to the agreement of the College Council.

(2) The Principal holds office, unless he or she sooner resigns, retires or
otherwise ceases to hold office, for such term and on such conditions as the
Council of the University, with the agreement of the College Council,
determines and may be re-appointed.

(3) The Principal is the chief academic officer and the chief administrative
officer of the College and has such powers and duties as are determined by the
Statutes or, subject to the Statutes, by the Rules.

(4) Unless the Statutes or the Rules otherwise expressly prescribe, the
Principal may delegate any of the powers and duties of the Principal, other
than this power of delegation, to any person or body of persons.
67. President and Deputy President

(1) The College Council must elect as prescribed by the Rules from among the
members of the Council other than members elected under section 46(1)(f), (g),
(h), (i) or (j)-

   (a)  a person to be President of the Council; and

   (b)  a person to be Deputy President of the Council.

(2) The President and Deputy President hold office for such term as the
College Council determines.
68. College Academic Board

(1) There shall be an Academic Board of the College for the purposes of
academic oversight, including the provision of advice to the College Council
on the conduct and content of prescribed academic programs of the College.

(2) The College Academic Board shall consist of the Principal of the College,
such number of persons appointed by the Academic Board of the University as
the Rules prescribe, and such other number of members as the Rules prescribe
of whom-

   (a)  at least two-thirds must be persons elected as prescribed by the Rules
        by prescribed classes of staff and students; and

   (b)  at least two-thirds of the elected members must be elected as
        prescribed by the Rules by and from staff enrolled as staff teaching
        in academic programs in the College; and

   (c)  any other members must be persons appointed by the College Council
        from prescribed classes of persons.
69. Chairperson and deputy chairperson of College Academic Board There shall
be a chairperson and a deputy chairperson of the College Academic Board
elected by the Board.
70. Powers of College Academic Board The College Academic Board-

   (a)  may discuss and submit to the College Council an opinion on any matter
        relating to academic programs of the College; and

   (b)  may make to the College Council such recommendations as it thinks
        proper with respect to instruction, studies, research, discipline,
        examinations, assessments and admission to degrees and diplomas; and

   (c)  must report to the College Council on all matters submitted to it by
        the College Council for report; and

   (d)  has such other powers and duties as are conferred or imposed upon it
        by this Act or by the Statutes or Rules; and

   (e)  subject to this Act and, except as otherwise prescribed by the
        Statutes or Rules, may regulate its own proceedings.
71. Power of College Council to make Rules

(1) Subject to this Act and the Statutes of the University, the College
Council may make Rules for or with respect to all matters relating to the
organization, management and good government of the College and in particular,
without affecting the generality of the foregoing, for or with respect to-

   (a)  the organization of the College;

   (b)  the organization of the services which are needed for the proper
        conduct of the College;

   (c)  staff;

   (d)  enrolled students;

   (e)  the qualifications for entry to the College and the selection and the
        enrolment of students;

   (f)  the discipline of the College;

   (g)  the imposition of fines for or determining compensation payable for
        damage arising from breaches of the discipline of the College;

   (h)  the examinations or assessments for fellowships, scholarships, prizes,
        exhibitions, degrees, certificates or other awards, diplomas;

   (i)  fees or other charges for enrolment and for any examination,
        assessment, degree or diploma or any certificate;

   (j)  fees or other charges to be charged for classes and for the use of any
        facilities of the College;

   (k)  the manner and time of convening of meetings of the College Council;

   (l)  the development of arrangements between the College and any other
        institution or body;

   (m)  scholarships, bursaries or prizes provided by the College or
        otherwise;

   (n)  the provision by the College Council of accommodation for students and
        the management and control of any such accommodation;

   (o)  the arrangement of accommodation for staff and students including the
        erection or financing of buildings owned by the College or any other
        persons or body;

   (p)  the exercising by agreement with the owner or governing body of any
        hostel, hall or other accommodation not established by the College
        Council of powers of control and management of and in relation to that
        hostel, hall or other accommodation;

   (q)  provision for superannuation;

   (r)  property, buildings and traffic;

   (s)  intellectual property;

   (t)  academic dress;

   (u)  endowments;

   (v)  organizations, amenities and services;

   (w)  generally prescribing or providing for any matter or thing authorised
        or directed to be prescribed or provided for the purposes of this
        Part.

(2) Before the College Council makes, amends or revokes a Rule concerning
study or research, the College Council must submit the proposal to the College
Academic Board for report.

(3) The College Council may make a Rule which-

   (a)  introduces a new degree or diploma course to be offered by the
        College; or

   (b)  changes the level or title of a course offered by the College; or

   (c)  extends a course offered by the College by more than one semester of
        full-time study or its equivalent- only with the approval of the
        Council of the University.

(4) The College Council may, by a later Rule, revoke or amend any Rule.

(5) Any Rule made by the College Council may provide for-

   (a)  the making of directions, either by the College Council or, if the
        Rules so authorise, by the Principal for or with respect to
        prescribing or providing for any matter or thing for the purpose of
        the Rule;

   (b)  the manner of promulgation of any such direction;

   (c)  the revocation or amendment of any such direction.

(6) A Rule made by the College Council under this Part-

   (a)  must be in writing; and

   (b)  must have the common seal of the College affixed.

(7) A Rule comes into operation on the day on which the College Council
approves it or, if a later day is specified in the Rule, from that later day.

(8) The production of a verified copy of a Rule under the common seal of the
College is sufficient evidence of its making and authenticity in all courts
and before all persons acting judicially.

(9) A direction made under a Rule comes into operation on the day on which it
is promulgated in accordance with the Rule under which it is made or, if a
later day is specified in the direction, from that later day.

(10) The production of a verified copy of a direction under the common seal of
the College is sufficient evidence of its making and authenticity in all
courts and before all persons acting judicially.
72. Accounts and records

(1) The College Council must ensure that there are kept proper accounts and
records of the transactions and affairs of the College and such other records
as sufficiently explain the financial position of the College.

(2) The College Council must do all things necessary to do each of the
following:

   (a)  Ensure that all money payable to the College is properly collected;

   (b)  Ensure that all money expended by the College is properly expended and
        properly authorised;

   (c)  Ensure that adequate control is maintained over assets secured by, or
        in the custody of, the College;

   (d)  Ensure that all liabilities incurred by the College are properly
        authorised;

   (e)  Ensure efficiency and economy of operations and avoidance of waste and
        extravagance;

   (f)  Develop and maintain an adequate budgeting and accounting system;

   (g)  Develop and maintain an adequate internal audit system.
73. Annual report

(1) The College Council must, in respect of each year ending on 31 December,
prepare an annual report containing-

   (a)  a report of its operations during the year; and

   (b)  financial statements for the year- and submit the report to the
        Council of the University not later than 30 April next following year.

(2) The report of operations referred to in subsection (1)(a)-

   (a)  must be prepared in a form and contain information determined by the
        College Council to be appropriate; and

   (b)  must contain any further information required by the Council of the
        University.

(3) The financial statements referred to in subsection (1)(b)-

   (a)  must contain information determined by the Treasurer to be
        appropriate; and

   (b)  must be prepared in a manner and form approved by the Treasurer; and

   (c)  must present fairly the results of the financial transactions of the
        College during the year to which they relate and the financial
        position as at the end of that year; and

   (d)  must be signed by the principal accounting officer (by whatever name
        called) of the College Council and by the Principal and another member
        of the College Council who shall-

   (i)  state whether, in their opinion, the financial statements present
        fairly the results of the financial transactions of the College during
        the year to which they relate and whether they sufficiently explain
        the financial position of the College as at the end of the year; and

   (ii) state whether, at the date of signing the financial statements, they
        were aware of any circumstances that render any particulars included
        in the statements misleading or inaccurate and, if so, particulars of
        the circumstances; and

   (e)  must be audited as required by section 74(1).
74. Audit

(1) The financial statements referred to in section 73 must be audited by the
Auditor-General.

(2) The Auditor-General has, in respect of the audit of the financial
statements, all the powers conferred on the Auditor-General by any law
relating to the audit of the public accounts.

(3) Without limiting the generality of subsection (2), the Auditor-General and
each officer of the Auditor-General-

   (a)  has right of access at all times to the books of the College; and

   (b)  may require from an officer or employee of the College any
        information, assistance and explanations necessary for the performance
        of the duties of the Auditor-General in relation to the audit.

(4) The College Council must pay to the Consolidated Fund an amount to be
determined by the Auditor-General to defray the costs and expenses of any
audit by the Auditor-General.". __________________