Version No. 050
La Trobe University Act 1964
Act No. 7189/1964
Version incorporating amendments as at 1 August 2003
table of provisions
SectionPage
1
SectionPage
1.Short title
2.Definitions
Part I
Division 1—The University
3.Establishment of La Trobe University
4.Custody and use of common seal
5.Objects of the University
Division 2—The Council
6.Council to be governing body of University
7.Composition of Council
8.Terms and conditions of office of Council members
9.Removal of members
10.Repealed
11.Conduct of elections etc.
12.Filling of vacancies upon expiration of term
13.Provision in case of failure of election
14.Vacation of office
15.Filling of casual vacancies
16.Election of Chancellor to be by members of Council etc.
17.Election of Deputy Chancellor
18.Chairman of meetings
19.Council member's responsibilities
19A.Pecuniary interests of Council members
20.Decisions of Council
20A.Resolutions without meetings of the Council
20B.Approved methods of communication for Council meetings
21.Vice Chancellor
21A.Acting Vice-Chancellor
22.Staff of the University
23.Conferring of degrees etc.
24.Committees and delegation of powers
25.Saving of proceedings of Council and of committees
25AA.Indemnities
25A.University Colleges
Division 3—Convocation
26.Convocation
Division 4—The Academic Board
27.Academic Board
28.Resolutions without meetings of the Academic Board
29.
Division 5—Repealed24
28, 29.Repealed
Division 6—Statutes and Regulations
30.Power to Council to make Statutes and regulations
31.Submission of certain proposed Statutes and regulations to Academic Board etc.
31A.Repealed31
Division 7—Financial
32.Repealed31
33.Application of funds of the University
34.Establishment of students' loan fund
35.Housing
Division 8—Property
36.Acquisition of land for or in connexion with University
37.Creation and administration of trust and other funds
Division 9—Formation and membership of companies, joint ventures,etc.
37A.Formation of and participation in limited companies in Victoria
37B.La Trobe University Housing Limited
37C.Audit of corporations
38.Repealed46
Division 10—General
39.Repealed
40.Saving of appointments and elections made out of time
41.Repealed
42.Visitor
42A.Recovery of penalties
Division 11—Transitional
43.First Council appointments for 1998
44.Existing proceedings
Part II—Repealed51
43–74.Repealed51
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
INDEX60
1
Version No. 050
La Trobe University Act 1964
Act No. 7189/1964
Version incorporating amendments as at 1 August 2003
An Act for the Establishment and Incorporation of a University to be known as La Trobe University and for other purposes.
1
La Trobe University Act 1964
Act No. 7189/1964
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1.Short title
(1)This Act may be cited as the La Trobe University Act 1964.
S. 1(2) repealed by No. 91/1990 s.34(a).
*****
S. 2
amended by No. 18/1986 s.5(a).
2.Definitions
(1)In this Act unless inconsistent with the context or subject-matter—
S. 2(1) defs of "College", "College Council" inserted by No. 91/1990 s.25(a), repealed by No. 68/1993 s.22.
*****
"Council" means the Council of La Trobe University established pursuant to this Act;
S. 2(1) def. of "diplomate" inserted by No. 18/1986
s.4(1)(a), amended by No. 68/1993 s.3.
"diplomate" means a person to whom the University awards a diploma or other award;
S. 2(1) def. of "enrolled student" substituted by No. 7942
s.2(a).
"enrolled student" means a student enrolled for a course or subject in the University and includes post-graduate student;
S. 2(1) def. of "graduate" substituted by No. 18/1986
s.4(1)(b).
"graduate" means a person upon whom the University confers a degree;
S. 2(1) def. of "graduate of the College" inserted by No. 91/1990
s.25(b), repealed by No. 68/1993 s.22.
*****
S. 2(1) def. of "post-graduate student" substituted by Nos 7942 s.2(b), 57/1996 s.26.
"post-graduate student" means a student enrolled as a candidate for a graduate diploma, degree of Master or Doctor or any other post-graduate course for admission to which completion of a degree is normally required;
"prescribed" means prescribed by this Act or the Statutes or regulations of the University;
s. 2
S. 2(1) def. of "professor" amended by No. 18/1986
s.5(b).
"professor" means a member of the staff of the University entitled under the Statutes to the rank of professor, and does not include an associate professor or an emeritus professor or a person entitled under the Statutes to the rank of visiting professor;
"regulations" means regulations made under the Statutes;
S. 2(1) def. of "rules" inserted by No. 91/1990
s.25(c), repealed by No. 68/1993 s.22.
*****
"Statutes" means Statutes of the University made by the Council under this Act;
s. 2
"University" means La Trobe University established and incorporated under this Act.
S. 2(2) inserted by No. 18/1986
s.5(c).
(2)In construing this Act or the Statutes the word "staff" does not include a person entitled under the Statutes to the rank of emeritus professor or visiting professor.
______
Part I
Division 1—The University
3.Establishment of La Trobe University
s. 3
S. 3(1) amended by Nos 7942 s.3, 18/1986 ss4(2), 6.
(1)There shall be established in Victoria a University to be known as "La Trobe University" consisting of a Council and such graduates, diplomates, and members of the academic and other staff as may be prescribed and the enrolled students of the University.
S. 3(2) amended by No. 70/1997
s. 13.
(2)The University shall be a body politic and corporate by the name of "La Trobe University" and shall have perpetual succession and a common seal and shall be capable in law of suing and of being sued and of taking purchasing holding demising selling transferring conveying mortgaging or otherwise disposing of real and personal property for the purposes of and subject to this Act and of doing and suffering all acts matters and things which bodies corporate may by law do and suffer.
4.Custody and use of common seal
(1)The common seal of the University shall be kept in such custody as the Council directs and shall not be used except by resolution of the Council or in such other manner as may be authorized by the Statutes.
(2)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 thereto.
5.Objects of the University
s. 5
The objects of the University shall be—
(a)to serve the community and in particular the citizens of Victoria—
(i)by making knowledge available for the benefit of all; and
S. 5(a)(ii) amended by No.26/2003 s.10.
(ii)by providing an institution in which all enrolled students will have the opportunity of fitting themselves for life as well as becoming learned in a particular branch or branches of learning; and
S. 5(a)(iii) inserted by No.26/2003 s.10.
(iii)to promote critical enquiry within the university and in the general community; and
S. 5(a)(iv) inserted by No.26/2003 s.10.
(iv)to aid by research and other means the advancement of knowledge and the pursuit of the benefits of its practical application;
(b)in particular—
(i)to provide facilities for study and education and to give instruction and training in such branches of learning as may from time to time be prescribed by the Statutes;
(ii)to foster by teaching study and research the advancement of learning and the dissemination of knowledge;
(iii)to foster the general welfare and development of all enrolled students; and
S. 5(b)(iv) amended by Nos 91/1990
s.26, 68/1993 s.4(a)(b), 70/1995 s.20(1).
(iv)to confer or grant after examination the several degrees of Bachelor Master and Doctor and such other degrees, diplomas and other awards as are prescribed;
(c)to provide such facilities for the aforesaid objects as the Council deems necessary or conducive for their attainment.
Division 2—The Council
6.Council to be governing body of University
s. 6
The Council shall be the governing authority of the University.
S. 7
amended by Nos 7362
s. 2(a)(b), 7533 s. 2(3), 7942
s. 4(a)–(f), 91/1990
ss 27(1)
(a)–(e)(2), 34(b), 68/1993
s. 23(1)
(a)–(d)(2), 70/1995
s. 20(2)(a)–(d)
(3)(a)–(c), substituted by No. 70/1997
s. 14.
7.Composition of Council
(1)The Council shall consist of—
(a)the Chancellor;
(b)the Vice-Chancellor;
(c)the Chairman of the Academic Board;
(d)3 persons elected by and from the staff of the University prescribed by the Statutes;
(e)2 persons elected by and from the students enrolled at the University prescribed by the Statutes;
(f)6 persons appointed by the Governor in Council;
(g)one person appointed by the Minister;
(h)6 persons appointed by the Council.
(2)If the Chairman of the Academic Board is not a professor or an associate professor, one of the members of staff elected under sub-section (1)(d) must be elected from the staff who are professors or associate professors.
(3)If the Chairman of the Academic Board is the Vice Chancellor of the University, the Deputy Chairman of the Academic Board is to be a member of the Council for the purposes of sub-section (1)(c).
(4)Of the persons appointed under sub-section (1)(f) and (h)—
(a)2 must be persons who have experience and interests in the Bendigo region;
(b)one must be a person who has experience and interests in the Albury-Wodonga region;
(c)one must be a person with substantial business experience;
(d)one must be a person with qualifications and experience in financial matters.
s. 7
(5)Not more than 3 members of the Council appointed under sub-section (1)(f) and (h) may be persons whose normal place of residence is outside Australia.
(6)A person appointed under sub-section (1)(f) or (h) must not be a person whose sole or principal employment is in connection with his or her duties as a member of the staff.
S. 8 (Heading) inserted by No.26/2003 s.11(1).
S. 8
amended by Nos 7942
s. 5(a)–(c), 18/1986
s. 7(1)(2), 70/1995
s. 21(1)(a)(i)(ii)
(b)–(f), substituted by No. 70/1997
s. 15, amendedby No.26/2003 s.11(2) (ILA s.39B(1)).
8.Terms and conditions of office of Council members
s. 8
(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 31December 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 that his or her election takes effect.
S. 8(2) insertedby No.26/2003 s.11(2).
(2)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.
S. 8(3) insertedby No.26/2003 s.11(2).
(3)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.
S. 8(4) insertedby No.26/2003 s.11(2).
(4)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.
9.Removal of members
s. 9
(1)Any member appointed by the Governor in Council may at any time be removed by the Governor in Council.
S. 9(2) substituted by No. 70/1997
s. 16(1).
(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.
S. 9(4) inserted by No. 7942 s.6, amended by No. 68/1993 s.5,
repealed by No. 70/1997
s. 16(2).
*****
S. 10
repealed by No. 70/1995 s.21(2).
*****
11.Conduct of elections etc.
s. 11
S. 11(1) amended by Nos 70/1995 s.20(4), 70/1997
s. 16(3)(a).
(1)Subject to this Act elections of members of the Council shall be conducted as prescribed by the Statutes.
S. 11(2) amended by Nos 70/1995 s.20(5), 70/1997
s. 16(3)(b).
(2)The Statutes may inter alia provide for voting by post and for preferential voting at any such elections.
12.Filling of vacancies upon expiration of term
In the case of appointments or elections of members of the Council to fill vacancies caused by the retirement of members upon the expiration of their term of office—
S. 12(a) amended by No. 9029 s.2.
(a)the elections or appointments of members (other than members appointed by co-option) may be made within two months before the date of the expiration of the term of office aforesaid and shall take effect immediately on the expiration of such term; and
S. 12(b) amended by No. 18/1986
s.7(3).
(b)the appointment of members to be then appointed by co-option shall be made as soon as practicable after that date.
13.Provision in case of failure of election
In any case where—
(a)at any election of elective members of the Council—
(i)no seats or vacancies are filled; or
(ii)a number of seats or vacancies less than the whole number which should have been filled is filled; or
(b)any election of elective members of the Council should have been held but is not held—
the seats and vacancies which should have been filled and are not filled shall severally be deemed to be casual vacancies and the members eventually elected to fill the seats or vacancies shall be entitled to continue in office as if elected at such election.
S. 14 amended by Nos 68/1993 s.6(a)(b), 70/1997
s. 16(4)(a).
14.Vacation of office
s. 14
If any member of the Council by writing under his hand directed to the Chancellor of the University resigns his office, or becomes of unsound mind or a person whose person or estate is liable to be dealt with in any way under the law relating to mental health, or becomes bankrupt, or is convicted of any indictable offence, or without special leave previously granted by the Council absents himself from four consecutive meetings of the Council or ceases to hold any qualification required for his becoming or being a member of the Council or is removed or dies his office shall become vacant, and every vacancy in the office of any appointed or elected member arising otherwise than by the expiration of the term for which the member was appointed or elected shall be deemed a casual vacancy.
S. 14(2) inserted by No. 68/1993 s.6(c), repealed by
No. 70/1997
s. 16(4)(b).
*****
15.Filling of casual vacancies
s. 15
S. 15(1) substituted by No. 70/1997
s. 17.
(1)If the office of a member of the 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.
S. 15(1A) inserted by No. 70/1997
s. 17.
(1A)If the vacancy occurs within 3 months before the expiry of a member's term of office, the office may be left vacant for the remainder of the term.
S. 15(1B) inserted by No. 70/1997
s. 17.
(1B)Despite section 7(1)(f), the Minister, after consultation with the Chancellor, may appoint a person to a casual vacancy in the office of a member who is required by that provision to be appointed by the Governor in Council.
(2)The member so elected or appointed shall have the like qualification (if any) as the member whose office has become vacant.
(3)The election or appointment shall be made by the person or body of persons by whom or which the member whose office has become vacant was elected or appointed.
(4)A member elected or appointed to fill a casual vacancy shall subject to this Act be entitled to hold office during the residue of the term of the member whose place he fills.
16.Election of Chancellor to be by members of Council etc.
S. 16(1) amended by No. 70/1995 s.20(6).
(1)The members of the Council shall from time to time as occasion arises elect a person, whether a member of the Council or not, to be the Chancellor of the University for such term and subject to such conditions as are prescribed.
S. 16(2) amended by No. 70/1995 s.20(7).
(2)The Statutes or regulations may inter alia provide for voting by post and for preferential voting at any such election.
17.Election of Deputy Chancellor
s. 17
S. 17(1) amended by No. 70/1995 s.20(8).
(1)The members of the Council shall from time to time as occasion arises elect one of its members to be the Deputy Chancellor of the University for such term and subject to such conditions as are prescribed.
S. 17(2) amended by No. 70/1995 s.20(9).
(2)The Statutes or regulations may inter alia provide for voting by post and for preferential voting at any such election.
(3)In the absence of the Chancellor or during any vacancy in the office of Chancellor or during the inability of the Chancellor to act the Deputy Chancellor shall have all the powers and duties of the Chancellor.
18.Chairman of meetings
At every meeting of the Council the Chancellor or in his absence the Deputy Chancellor shall preside as chairman and in the absence of the Chancellor and Deputy Chancellor the members of the Council present at the meeting shall elect a chairman of the meeting.
S. 19 amended by No. 18/1986 s.8(a)(b), substitutedby No.26/2003 s.12.
19.Council member's responsibilities
(1)A member of the Council is responsible to the Council for furthering the purposes of the Council and the objects of the University rather than any constituent person or body who elected or appointed the member.
(2)A member of the Council must not make improper use of any information acquired in the course of his or her duties to obtain directly or indirectly any pecuniary or other advantage for himself or herself or any other person.
S. 19A insertedby No.26/2003 s.12.
19A.Pecuniary interests of Council members
s. 19A
(1)A member of the Council who has a pecuniary interest in a matter being considered or about to be considered by the 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 Council or in writing addressed to the Chancellor.
(2)If the Chancellor receives a written declaration under sub-section (1), the Chancellor must report it or cause it to be reported, at the next meeting of the Council.
(3)The person presiding at a meeting at which a declaration is made under sub-section (1) or reported under sub-section (2) must cause a record of the declaration to be made in the minutes of the meeting.
(4)After a declaration is made under sub-section (1) by a member of the Council—
(a)unless the 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 vote must be disallowed .
20.Decisions of Council
S. 20(1) amended by No. 18/1986 s.9.
(1)All questions which are to be decided by any meeting of the Council shall be decided by the majority of the members present and voting at the meeting.
(2)The chairman at any meeting shall have a vote and in the case of equality of votes upon any question a second or casting vote.
(3)No question shall be decided at any meeting of the Council unless at least eight members are present at the meeting.
S. 20(4) inserted by No. 9029 s.3.
(4)Notwithstanding anything to the contrary in this section, any Statute may provide that any question to be decided by any meeting of the Council shall be decided otherwise than by the majority of the members present, and any such Statute shall have effect according to its tenor.