Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Council may
make Statutes, not inconsistent with this Act, with respect to all matters
pertaining to the University and in particular may make Statutes with respect
to —
(a) the
management, good government and discipline of the University;
(b) the
use and custody of the common seal of the University, and the functions of the
Council that may be exercised without the use of the common seal for that
purpose;
(c) the
organization and supervision of the teaching of enrolled students;
(d) the
academic and other staff, officers and employees of the University;
(e) the
manner and time of convening, holding and adjourning the meetings of the
Council, the manner of voting at those meetings, the powers and duties of the
Chancellor, the conduct and record of the business, the appointment of
committees of the Council and the quorum, powers and duties of those
committees;
(f) the
entrance standards for students;
(g) the
granting of appropriate degrees, diplomas and certificates or honorary awards
by the Council;
(h) the
granting of scholarships, exhibitions, bursaries and prizes;
(i)
the fees to be charged for courses of study or
instruction, examinations, degrees, diplomas and certificates of the
University and for such other facilities or privileges of the University as
are prescribed;
(j) the
admission of graduates and students of other educational institutions to any
corresponding status in the University without examination;
(k) the
recognition, instead of or for the purpose of any examination or course of
study, of any course of study completed or examination passed in any
educational institution or under the auspices of any professional association
or of any practical work performed in a field approved by the Council;
(l) the
establishment by the Council of hostels and halls of residence for enrolled
students and the management, control and closing of any of those hostels and
halls;
(m) the
government of hostels and halls of residence that are under the control of the
Council and the affiliation of hostels and halls of residence that are not
under the control of the Council;
(n) the
control and investment of the property of the University; and
[(o) deleted]
(p) any
matter authorised or directed by this Act to be prescribed by Statute in
relation to the University.
(2) Without limiting
the powers conferred by subsection (1) the Council may make Statutes
furthering or facilitating the objects or operation of this Act with
respect to long service leave entitlements of members of the staff and in
particular providing for lump sum payments, instead of accrued and pro rata
long service leave entitlements, to or in respect of persons who cease to be
members of the staff, but so that the calculation of any such payment shall be
based on the rate of salary of the person at the date of his ceasing to be a
member of the staff; and so that no payment that exceeds the equivalent of
12 months’ salary shall be paid under the Statute.
(3) Without limiting
any of the powers conferred by subsection (1), a Statute with respect to
the discipline of the University may —
(a)
prescribe disciplinary offences and disciplinary powers in relation thereto
including penalties that may be imposed for the respective offences;
(b)
provide that penalties may be partly of one kind and partly of another but so
that no monetary penalty for any one disciplinary offence exceeds $250;
(c)
prescribe circumstances under which a penalty may be modified or suspended;
(d)
provide, in addition to penalties, for restitution to the University not
exceeding $500 for loss, damage or destruction of university property arising
out of the commission of a disciplinary offence;
(e)
prescribe rights of appeal against decisions made in the exercise or purported
exercise of disciplinary powers;
(f)
prescribe the persons, classes of persons and bodies of persons who
may —
(i)
make a complaint of a disciplinary offence;
(ii)
exercise all or any of the prescribed disciplinary
powers; or
(iii)
determine all or any appeals against decisions made in
the exercise or purported exercise of disciplinary powers;
(g)
prescribe the practice and procedure in relation to —
(i)
making a complaint of a disciplinary offence;
(ii)
exercising disciplinary powers; and
(iii)
determining appeals against decisions made in the
exercise or purported exercise of disciplinary powers;
(h)
prescribe the circumstances under which costs may be awarded to a person the
subject of a complaint of a disciplinary offence, prescribing the persons,
classes of persons or bodies of persons who may award and fix those costs; and
providing for payment thereof out of University funds;
(i)
prescribe the manner in which penalties may be enforced
and, in the case of monetary penalties or amounts for restitution, recovered;
and
(j)
prescribe all such other matters as are necessary or expedient to be
prescribed for the maintenance of the good order and discipline of the
University.
(4) Without limiting
the power of delegation conferred on the chief executive officer by
section 30, where a Statute, or a by-law or rule made under a Statute,
with respect to the discipline of the University confers on him any
disciplinary power or any power to hear and determine appeals from decisions
made in the exercise or purported exercise of disciplinary powers or any power
to award or fix costs, he may delegate the power to any person, class of
persons or body of persons.
(5) A Statute or a
by-law or rule made under a Statute —
(a) may
be limited in its application to time, place or circumstances; and
(b) may
provide that any act or thing shall be done with the approval or to the
satisfaction of a specified person or class of persons and may confer a
discretionary authority.
(6) A Statute made
under this section may be revoked or amended by a subsequent Statute so
made.
(7) The Statutes may
provide for —
(a)
empowering the Council to make by-laws or rules, not inconsistent with this
Act or with any Statute for regulating, or providing for the regulation
of, any specified matter with respect to which Statutes may be made, or for
carrying out or giving effect to the Statutes, and any of those by-laws or
rules shall have the same force and effect as a Statute;
(b) the
manner of promulgation of those by-laws or rules; and
(c) the
revocation or amendment of any of those by-laws or rules.
(8) The production of
a verified copy of any by-law or rule made under subsection (7) under the
common seal of the University is evidence of the making and authenticity of
the by-law or rule in all courts and before all persons acting judicially.
[Section 26 amended by No. 63 of 1990
s. 14 and 19.]