Version No. 022
University of Ballarat Act 1993
Act No. 107/1993
Version incorporating amendments as at 7 June 2006
table of provisions
SectionPage
1
SectionPage
Part 1—Preliminary
1.Purpose
2.Commencement
Part 2—The University of Ballarat
4.The University
5.Common seal
6.Objects of the University
7.The Council
8.Terms and conditions of office of Council members
9.Removal of appointed members
10.Vacancies arising from other appointments etc.
11.Filling of vacancies on retirement
12.Provision in case of failure of election
13.Resignation and removal from office
14.Casual vacancies
15.Presiding at Council
16.Declaration of interests
16A.Council member's responsibilities
17.Procedure of Council
17A.Resolutions without meetings of the Council
17B.Approved methods of communication for Council meetings
18.Committees
19.Delegation
20.Validity of decisions
21.Indemnities
22.Chancellor and Deputy Chancellor
23.Vice-Chancellor
24.Acting Vice-Chancellor
25.Staff
26.Awards of the University
Part 3—Higher Education Division
26A.Division established
27.Academic Board
28.Chair and Deputy Chair of Academic Board
29.Powers of Academic Board
29A.Resolutions without meetings of the Academic Board
29B.Approved methods of communication for Academic Board meetings
Part 3A—Technical and Further Education Division
29C.Division established
29D.Board of Technical and Further Education
29E.Chairperson and Deputy Chairperson of Board
29F.Powers of Board
29G.Resolutions without meetings of the Board of Technical and Further Education
29H.Approved methods of communication for Board of Technical andFurther Education meetings
29I.Board of Technical Studies
Part 4—Statutes and Regulations
30.Power to Council to make Statutes
31.Statutes of the Council
32.Statutes and regulations affecting courses of study
33.Repealed36
Part 5—Property and Financial
34.Application of funds of the University
35.Acquisition of land for or in connection with the University
36.Creation and administration of trust and other funds
37.Formation and membership of companies
38.Audit of corporations
39–40.Repealed49
Part 6—General
41.Visitor
42.Elections
43.Fines and payment of compensation
Part 7—Transitional Provisions
44, 45.Repealed
46.Sponsorship agreement with The University of Melbourne
47.Students of Ballarat University College
48.Indemnity of former members of Council of Ballarat UniversityCollege
Part 8—Merger
49.Definition
50.Transfer of assets and liabilities of the College
51.Gifts, trusts etc.
52.Staff of the College
53.Certain land used by the College to vest in the University
54.Amendment of Register etc.
55.Rules of the College
56.Powers of the College
57.Organizations related to Ballarat University College
58.Revocation of Orders in Council
Part 9—Merger with TAFE Institutes
59.Definitions
60.University to be successor in law of the Company
61.Transfer of assets and liabilities of the Institute
62.Gifts, trusts etc.
63.Staff
64.Students
65.Indemnity
66.Land used by the Company
67.Amendment of Register etc.
68.Rules of the Company and the Institute
69.Powers of the Company and the Institute
70.Revocation of Orders in Council
Part 10—Transitionals
71.Transitional provisions for 1998 Council
72.Existing proceedings
73.Transitional—members of Council
______
SCHEDULES
SCHEDULE 1—Land used by Ballarat University College which is to vest in the University
SCHEDULE 2—Land that vests in the University
SCHEDULE 3—Land to be managed by the University
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 022
University of Ballarat Act 1993
Act No. 107/1993
Version incorporating amendments as at 7 June 2006
1
University of Ballarat Act 1993
Act No. 107/1993
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1.Purpose
The purpose of this Act is to establish the University of Ballarat and to provide for the merger of BallaratUniversityCollege with the University.
2.Commencement
(1)Sections 1 and 45 and this section come into operation on the day on which this Act receives the Royal Assent.
(2)The remaining provisions of this Act come into operation on a day to be proclaimed by the Governor in Council.
Definitions
S. 3 def. of "Ballarat region" substituted by No. 79/1997
s. 6(a).
"Ballarat region" means the electoral province for the Legislative Council of Victoria of Ballarat;
"Council" means the Council of the University;
"diplomate" means a person whose name is inscribed under the Statutes on a roll kept by the University of the names of the holders of such diplomas granted by the University as are prescribed by the Statutes;
"enrolled student" means—
(a)a student enrolled for a program or course of study in the University; or
(b)a post-graduate student;
"graduate" means a person whose name is inscribed under the Statutes on a roll kept by the University of the names of the holders of prescribed degrees conferred by the University;
S. 3 def. of "post-graduate student" substituted by No. 57/1996
s. 23.
"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 by the Statutes or regulations of the University;
"regulations" means regulations under the Statutes;
s. 3
"staff", in relation to the University, means—
(a)persons employed by the University; and
(b)persons in teaching or management positions at the University but not employed by the University;
"Statutes" means Statutes of the University made by the Council under this Act;
"University" means the University of Ballarat established and incorporated as a university under this Act;
S. 3 def. of "Wimmera region" inserted by No. 79/1997
s. 6(b).
"Wimmera region" means the electoral district for the Legislative Assembly of Victoria of Wimmera.
s. 3
______
Part 2—The University of Ballarat
4.The University
s. 4
(1)There is established a University to be known as the "University of Ballarat".
(2)The University is a body politic and corporate consisting of—
(a)a Council; and
(b)such members of the academic, teaching and other staff as are prescribed; and
(c)the enrolled students of the University; and
(d)such other persons as are prescribed by the Statutes.
(3)The University—
(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 real and personal property; and
(e)is capable of doing and suffering all acts, matters and things that a body corporate may by law do or suffer.
5.Common seal
(1)The common seal of the University must be kept in such custody as the Council directs and must not be used except by resolution of the Council or in such other manner as is authorized by the Statutes.
(2)All courts and persons acting judicially must take judicial notice of the common seal of the university affixed to any document and, until the contrary is proved, must presume that it was duly affixed.
6.Objects of the University
s. 6
The objects of the University include—
(a)the development of an institution with excellence in teaching, training, research and scholarship;
(b)the provision of educational, research, residential, commercial, cultural, social, recreational, sporting and other facilities;
S. 6(c) substitutedby No.26/2003 s.45.
(c)to promote critical enquiry within the university and in the general community;
S. 6(ca) insertedby No.26/2003 s.45.
(ca)the promotion, advancement and transmission of knowledge and the promotion, advancement and the pursuit of the benefits of the practical application of research;
(d)the conduct of teaching, research, consultancy and development activities within and outside Australia;
(e)the provision of a wide range of programs and courses of study in post-secondary education;
(f)the participation in commercial ventures and activities;
(g)the fostering of the general welfare and development of all enrolled students;
(h)the conferring of prescribed degrees and the granting of prescribed diplomas, certificates and other awards;
(i)the provision of opportunities for development and further training for staff of the University;
(j)the development and provision of educational, cultural, professional, technical and vocational services to the community and in particular the fostering of participation in post-secondary education of persons living or working in Central and Western Victoria;
(k)generally the development and operation of a university providing appropriate academic and other programs, courses of study, educational products and research activity that the Council considers necessary for the attainment of the objects of the University within Victoria and elsewhere.
7.The Council
s. 7
(1)The Council is the governing authority of the University and has the direction and superintendence of the University.
S. 7(1A) insertedby No.40/2005 s.86(1).
(1A)The primary responsibilities of the Council include—
(a)appointing and monitoring the performance of the Vice-Chancellor as chief executive officer of the University;
(b)approving the mission and strategic direction of the University and its annual budget and business plan;
(c)overseeing and reviewing the management of the University and its performance;
(d)establishing policy and procedural principles for the operation of the University consistent with legal requirements and community expectations;
(e)approving and monitoring systems of control and accountability of the University, including those required to maintain a general overview of any entity controlled bythe University in accordance with section50AA of the Corporations Act;
s. 7
(f)overseeing and monitoring the assessment and management of risk across the University, including commercial undertakings;
(g)overseeing and monitoring the academic activities of the University;
(h)approving any significant commercial activities of the University.
S. 7(2)
substituted by
No. 79/1997
s. 4.
(2)The Council shall consist of—
(a)the Chancellor;
(b)the Vice-Chancellor;
(c)the Chair of the Academic Board;
(d)the Chairperson of the Board of Technical Studies or, if that person is not a member of the staff of the University, a member of the staff nominated by that Board;
(e)3 persons elected by and from the staff of the University prescribed by the Statutes;
(f)2 persons elected by and from the students enrolled at the University prescribed by the Statutes;
(g)6 persons appointed by the Governor in Council;
(h)one person appointed by the Minister;
(i)6 persons appointed by the Council.
S. 7(3)
substituted by
No. 79/1997
s. 4.
(3)If the Chair of the Academic Board is not a professor or an associate professor, one of the members of staff elected under sub-section (2)(e) must be elected from the staff who are professors or associate professors.
s. 7
S. 7(4)
substituted by
Nos 79/1997
s. 4, 40/2005 s.87(1).
(4)The Governor in Council, the Minister and the Council must have regard to appointing members to the Council who have—
(a)the knowledge, skills and experience required for the effective working of the Council;
(b)an appreciation of the values of a University relating to teaching, research, independence and academic freedom;
(c)the capacity to recognise the needs of the external community served by the University.
S. 7(4A) insertedby No. 40/2005 s.87(1).
(4A)Of the persons appointed under sub-sections (2)(g) and (2)(i)—
(a)two must be persons with financial expertise with relevant qualifications and experience in financial management at a senior level;
(b)one must be a person with commercial expertise at a senior level;
(c)one must be a person who has substantial knowledge or experience of vocational education and training;
(d)two must be persons who live or work in the Ballarat region;
(e)one must be a person who lives or works in the Wimmera Region.
S. 7(5)
inserted by
No. 79/1997
s. 4.
(5)Not more than 3 of the members appointed under sub-section (2)(g) and (i) may be persons whose normal place of residence is outside Australia.
S. 7(6)
inserted by
No. 79/1997
s. 4, substitutedby No. 40/2005 s.87(2).
(6)At least 12 members of the Council must be persons who are neither enrolled as a student nor employed as a member of staff of the University.
S. 7(7) insertedby No. 40/2005 s.87(2).
(7)A person who is a member of the Parliament of Victoria or of the Commonwealth or of any other State or Territory of Australia must not be elected or appointed to the Council except under sub-section (2)(i).
S. 7(8) insertedby No. 40/2005 s.87(2).
(8)Elections of members of the Council are to be conducted in accordance with the requirements of this Act and the Statutes.
S. 8 (Heading) insertedby No.26/2003 s.46(1).
8.Terms and conditions of office of Council members
s. 8
S. 8(1)
amended by
No. 79/1997
s. 5(a).
(1)Subject to this Act, a member of the Council 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.
S. 8(1A) insertedby No.40/2005 s.88(1).
(1A)Despite sub-section (1)—
(a)the Governor in Council or the Council may appoint a member until 31December 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 (asthe 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.
S. 8(2)
amended by
No. 79/1997
s. 5(b).
(2)Subject to this Act, a member of the Council elected by members of staff holds office until 31December in the year next following the year his or her election takes effect.
s. 8
S. 8(3)
amended by
No. 79/1997
s. 5(c).
(3)Subject to this Act, a member of the Council elected by enrolled students holds office until 31December in the year that his or her election takes effect.
S. 8(4) insertedby No.26/2003 s.46(2).
(4)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(5) insertedby No.26/2003 s.46(2).
(5)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(6) insertedby No.26/2003 s.46(2).
(6)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.
S. 8(7) insertedby No.40/2005 s.88(2).
(7)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).
S. 8(8) insertedby No.40/2005 s.88(2).
(8)Sub-section (7) 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.
9.Removal of appointed members
s. 9
(1)A member of the Council appointed by the Governor in Council may, at any time, be removed by the Governor in Council.
(2)A member of the Council appointed by the Minister may, at any time, be removed by the Minister.
10.Vacancies arising from other appointments etc.
(1)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.
(2)If a member of the 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.
S. 10(3) inserted by No. 57/1996
s. 24, substituted by No. 79/1997
s. 7(1).
(3)Any change in the membership, or the academic rank of a member, of the Council under section 7(2)(c) does not affect the membership of the Council by a person who is elected under section 7(2)(e) during the term of that person's appointment under section 7(2)(e).
S. 11 amendedby No. 79/1997 s.6(c), substitutedby No. 40/2005 s.89.
11.Filling of vacancies on retirement
s. 11
The appointment or election of a person as a member of the Council to fill a vacancy caused by the retirement of a member at the end of a term of office—
(a)except in the case of members appointed by the Council, may be made within 6 months before the date of the end of the term of office of the retiring member and takes effect at the end of that term of office; and
(b)in the case of members appointed by the Council, must be made on or before the last scheduled meeting of the Council before the end of the term of office of the retiring member.
12.Provision in case of failure of election
s. 12
If—
(a)at an election of members of the 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 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.
13.Resignation and removal from office
(1)A member of the Council, other than the Chancellor, may resign by writing delivered to the Chancellor.
(2)The Chancellor may resign by writing delivered to a meeting of the Council.
S. 13(3) substituted by Nos44/2001 s.3(Sch. item120.1), 40/2005 s.90.
(3)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.
S. 13(4) substitutedby No.40/2005 s.90.
(4)Without limiting section 9 and this section and the powers of the Governor in Council and the Minister under section 9, the Council may remove a member from office in accordance with this section.
S. 13(5) insertedby No.40/2005 s.90.
(5)The Council may only remove a member from office if it is of the opinion that the member has failed to comply with the responsibilities of a member of the Council.
S. 13(6) insertedby No.40/2005 s.90.
(6)The Council must not remove a member from office unless—
(a)another member gives notice at an ordinary meeting of the Council of an intention to move a motion for the member to be removed from the Council and sets out in the notice the grounds for removal; and
s. 13
(b)the member gives that notice no later than at the last ordinary meeting of the Council before the meeting at which the motion to remove the member will be put to the Council; and
(c)if the member to be removed is not present at the meeting at which that notice is given, the Council gives the member written notice of the intentionand sets out in the notice the grounds for removal; and