Victorian Consolidated Legislation

Melbourne University Act 1958 - SECT 4

The University

4. The University





(1) A University is hereby declared to have been established on the 11th day
of April 1853 at Melbourne. The University shall be a body politic and
corporate by the name of "The University of Melbourne" and shall for all
purposes be deemed to be the same body corporate and politic as the body under
that name consisting formerly of a council and a senate but which shall now
and hereafter consist of-

   (a)  a council and its members;

   (b)  the graduates;

   (c)  the professors;

   (d)  members of the academic staff;

   (e)  members of the faculties and boards of studies;

   (f)  the graduate students;

   (g)  the undergraduate students;

   (h)  the diplomates;

        (i)    such members of the staff of the University, other than the
               academic staff, as are designated from time to time by the
               council;





   (j)  such members of the staffs of the affiliated colleges as are
        designated from time to time by the council as members of the
        University; and

   (k)  such students (if any) as are neither graduate students nor
        undergraduate students.



(2) The University of Melbourne by such name shall have perpetual succession
and shall have a common seal and shall by the same name sue and be sued plead
and be impleaded and answer and be answered unto in all courts of Victoria,
and shall be capable in law to receive take purchase and hold all goods
chattels moneys and personal properties whatsoever, and shall also be able and
capable in law to receive take purchase and hold for ever not only such lands
buildings hereditaments and possessions as may from time to time be
exclusively used and occupied for the immediate requirements of the University
but also any other lands buildings hereditaments and possessions whatsoever
situate in Victoria or elsewhere, and shall be able and capable in law to
grant demise aliene or otherwise dispose of all or any of the property real or
personal belonging to the University and also to do all other matters and
things incidental or appertaining to a body politic.

(3) The persons referred to in paragraphs (a) to (k) of subsection (1) shall,
subject to subsection (4), be members of the University and be bound by its
statutes and regulations.







(4) Where a person who is or is to be in a category which by virtue of this
section makes or would make him, a member of the University-

   (a)  requests the council to permit him to remain or be in that or any
        other category but not to be considered as a member of the University;
        and

   (b)  gives reasons justifying his request which are satisfactory to the
        council-

the council may grant his request if he enters into such undertakings and
guarantees as the council may require in order to ensure that he will observe
the statutes and regulations of the University as if he were a member thereof.

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

(6) Section 41B(2) does not apply to any lands, tenements or hereditaments
which in the opinion of the vice-chancellor and principal were acquired for
investment purposes.