Victorian Consolidated Legislation

Melbourne University Act 1958 - SECT 6

Terms and conditions of office of council members

6. Terms and conditions of office of council members



(1) Subject to this Act, a member of the Council-

   (a)  appointed by the Governor in Council, the Minister or the Council
        holds office until 31 December in the second year next following the
        year his or her appointment takes effect;

   (b)  elected by members of staff holds office until 31 December in the year
        next following the year his or her election takes effect;

   (c)  elected by enrolled students holds office until 31 December in the
        year his or her election takes effect.

(1A) Despite subsection (1)(a)-

   (a)  the Governor in Council or the Council may appoint a member until 31
        December in the year, or in the year following the year, the member's
        appointment takes effect to ensure that 2 offices of the members
        appointed by the Governor in Council or the Council (as the case
        requires) fall vacant each year;

   (b)  a member of the Council appointed in accordance with paragraph (a)
        holds office for the period specified in his or her instrument of
        appointment.

(1B) A member elected or appointed to the Council is eligible to be re-elected
or re-appointed to the Council at the end of the member's term of office, but
not so as to extend his or her period in office to exceed 12 years of
membership (whether consecutive or not).

(1C) Subsection (1B) does not apply to a member elected or appointed to the
Council whose membership of the Council exceeds 12 years if the Council passes
a resolution that the person may continue to be a member beyond that period.

(1D) 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.

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

(3) A member of the Council appointed by the Minister may, at any time, be
removed by the Minister.

(4) If a member of the 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.

(5) Any change in the membership, or the academic rank of the member, of the
Council under section 5(2)(c) does not affect the membership of the Council by
a person who is elected under section 5(2)(d) during the term of appointment
under section 5(2)(d).

(6) An elected or appointed member of the council, other than a member who
holds a full-time office on the staff of the University, a full-time office
under the Crown in any of its capacities or a full-time office in a statutory
authority, at the discretion of the council, may be paid the remuneration and
fees that are fixed from time to time by the Minister for that member.

(7) 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 Council-

   (a)  a member of the Federal Parliament or the Legislative Council or the
        Legislative Assembly;

   (b)  the Chief Justice and other Justices of the High Court of Australia.

(8) A member of the council is not to be taken to hold an office of profit
under the Crown that would-

   (a)  prevent the member sitting or voting as a member of the Legislative
        Council or the Legislative Assembly; or

   (b)  make void the member's election to the Legislative Council or the
        Legislative Assembly; or

   (c)  prevent the member continuing to be a member of the Legislative
        Council or the Legislative Assembly; or

   (d)  subject the member to any liability or penalty under the Constitution
        Act 1975.