Version No. 032
Victoria University of Technology Act 1990
Act No. 21/1990
Version incorporating amendments as at 31 August 2005
table of provisions
SectionPage
1
SectionPage
Part 1—Preliminary
1.Purpose
2.Commencement
3.Definitions
Part 2—Victoria University of Technology
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.Conduct of elections
11A.Filling of vacancies on retirement
12.Provision in case of failure of election
13.Resignation and removal from office
14.Casual vacancies
15.Chairperson of 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-Chancellors
25.Staff
26.Awards of the University
Part 3—Divisions, Faculties and Boards
27.Technical and Further Education Division
28.Statutes may prescribe other faculties etc.
29.Academic Board
30.Chairperson and Deputy Chairperson of Academic Board
31.Powers of Academic Board
31A.Resolutions without meetings of the Academic Board
31B.Approved methods of communication for Academic Board meetings
32.Board of Technical and Further Education
33.Chairperson and Deputy Chairperson of Board
34.Powers of Board
34A.Resolutions without meetings of the Board of Technical and Further Education
34B.Approved methods of communication for Board of Technical andFurther Education meetings
34C.Board of Technical Studies
Part 4—Statutes and Regulations
35.Power of Council to make Statutes
36.Statutes and regulations affecting courses of study
Part 5—Property and Financial
37.Application of funds of the University
38.Housing
39.Student Loan Fund
40.Acquisition of land for or in connection with the University
41.Creation and administration of trust and other funds
42.Formation and membership of companies and joint ventures
43.Audit of corporations
44, 45.Repealed50
Part 6—General
46.Visitor
47.Elections
48.Fines and payment of compensation
Part 6A—University Renamed and Transitionals
49.Change of University's name
50.Transitional—members of Council
51.Change of name to Vice-Chancellor and President
Part 7—Transitional Provisions
52.Repealed
53.Students of Amalgamating Institutes
Part 8—Appointed Day
54.Transfer of assets and liabilities of Amalgamating Institutes
55.Gifts, trusts etc.
56.Land used by an Amalgamating Institute
57.Amendment of Register etc.
58.Staff of Amalgamating Institutes
59.Regulations of Amalgamating Institutes
60.Powers of Amalgamating Institutes
61.Organizations related to Amalgamating Institute
62.Revocation of Orders in Council
63–66.Repealed
67.The Western Institute Foundation Limited and Westsearch Limited
68.Commissioner for Corporate Affairs may amend register
Part 9—Transitional
69.First Council appointments for 1998
70.Existing proceedings
71.Repealed
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SCHEDULE
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
Version No. 032
Victoria University of Technology Act 1990
Act No. 21/1990
Version incorporating amendments as at 31 August 2005
1
Victoria University of Technology Act 1990
Act No. 21/1990
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
S.1amendedby No.40/2005s.111.
1.Purpose
The purpose of this Act is to establish the Victoria University of Technology(now known as VictoriaUniversity) and provide for the incorporation into that University of the following—
(a)Footscray Institute of Technology;
S. 1(b) repealed by No. 105/1994 s.35(a).
*****
(c)The Western Institute.
2.Commencement
(1)Section 54 comes into operation on 1 January 1992 or, if the Governor in Council by proclamation published in the Government Gazette fixes an earlier day for that section to come into operation, that earlier day.
(2)Subject to sub-section (1), this Act comes into operation on a day or days to be proclaimed.
3.Definitions
s. 3
In this Act—
S. 3 def. of "Amalga-mating Institute" substituted by No. 105/1994 s.35(b).
"Amalgamating Institute" means—
(a)Footscray Institute of Technology;
(b)The Western Institute;
"Appointed Day" means the day on which section 54 comes into operation;
"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;
"Establishment Day" means the day on which section 4 comes into operation;
"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.33.
"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;
"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;
S. 3 def. of "University" amended by No. 40/2005 s.112.
"University" means Victoria University of Technology established and incorporated under this Act (and now renamed and to be known as VictoriaUniversity);
s. 3
"Western Metropolitan Region of Melbourne" means the municipal districts of Altona, Bacchus Marsh, Broadmeadows, Bulla, Essendon, Footscray, Keilor, Melton, Sunshine, Werribee and Williamstown.
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Part 2—VictoriaUniversity of Technology
4.The University
s. 4
S. 4(1) amendedby No.40/2005 s.113.
(1)There is established a University to be known as "Victoria University of Technology" and now renamed and to be known as "VictoriaUniversity".
(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 authorised 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, with particular emphasis on technological development and applications of knowledge;
S. 6(b) substituted by No. 105/1994 s.28(a).
(b)the provision of high quality educational, research, residential, social, recreational, sporting and other facilities;
S. 6(c) substituted by No. 105/1994 s.28(a).
(c)the promotion, advancement and transmission of knowledge and its practical application by research and other means, the dissemination by various means of the outcomes of research and the commercial exploitation of the results of that research;
S. 6(ca) insertedby No.26/2003 s.52.
(ca)to promote critical enquiry within the university and in the general community;
(d)the provision of a wide range of programs and courses of study in post-secondary education, including courses of instruction or training relevant to a trade or other skilled occupation and facilitation of articulation between programs;
S. 6(e) substituted by No. 105/1994 s.28(b).
(e)the participation in commercial ventures and activities;
S. 6(ea) inserted by No. 105/1994 s.28(b).
(ea)the conduct of teaching, research, consultancy and development activities within and outside Australia;
(f)the fostering of the general welfare and development of all enrolled students;
(g)the conferring of prescribed degrees and the granting of prescribed diplomas, certificates and other awards;
(h)the offering of opportunities for development and further training to teaching and other staff of the university;
(i)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 for persons living or working in the Western Metropolitan Region of Melbourne;
(j)the provision of programs and services in ways which reflect principles of equity and social justice;
S. 6(k) amended by No. 105/1994 s.28(c).
(k)generally the development and carrying on of a university providing such appropriate and accessible academic and other programs, courses of study and research activity as the Council considers necessary for the attainment of the foregoing within Victoria and elsewhere.
S. 7 amendedby No. 105/1994 ss29(1)–(3), 35(c), substituted by No. 70/1997 s.67.
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.114(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;
s. 7
(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;
(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.
(2)The Council shall consist of—
(a)the Chancellor;
(b)the Vice-Chancellor;
(c)the Chairperson 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.
(3)If the Chairperson of the Academic Board is not a professor or an associate professor, one of the members of staff appointed under sub-section (2)(e) must be elected from the staff who are professors or associate professors.
s. 7
S. 7(4) substitutedby No.40/2005 s.115(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.115(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)three must be persons who live in or about the Western Metropolitan Region of Melbourne.
(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) substitutedby No.40/2005 s.115(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.115(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. 8 (Heading) insertedby No.26/2003 s.53(1).
S. 8 amendedby No. 105/1994 s.29(4), substituted by No. 70/1997 s.68, amendedby No.26/2003 s.53(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(1A) insertedby No.40/2005 s.116.
(1A)Despite sub-section (1)(a)—
(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;
s. 8
(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(1B) insertedby No.40/2005 s.116.
(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).
S. 8(1C) insertedby No.40/2005 s.116.
(1C)Sub-section (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.
S. 8(2) insertedby No.26/2003 s.53(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.53(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.53(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 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.
s. 10
(1)If a member of the Council becomes entitled to be a member exofficio—
(a)that member is deemed to hold office exofficio; 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) substituted by No. 70/1997 s.69.
(3)Any change in the membership, or the academic rank of the member of, the Council under section 7(2)(c) does not affect the membership of the Council by a person elected under section 7(2)(e) during the term of appointment under section 7(2)(e).
S. 11 substitutedby No.40/2005 s.117.
11.Conduct of elections
Elections of members of the Council are to be conducted in accordance with the requirements of this Act, the Statutes and the regulations.
S. 11A insertedby No.40/2005 s.117.
11A.Filling of vacancies on retirement
s. 11A
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
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
s. 13
(1)A member of the Council, other than the Chancellor, may resign by writing delivered to the Chancellor.
S. 13(2) amended by No. 105/1994 s.30.
(2)The Chancellor may resign by writing delivered to the Council.
S. 13(3) substituted by Nos44/2001 s.3(Sch. item123.1), 40/2005 s.118.
(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.118.
(4)Without limiting section 9 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.118.
(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.118.
(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