Deakin University Act 1974

Version No. 040

Deakin University Act 1974

Act No. 8610/1974

Version incorporating amendments as at 1 August 2003

table of provisions

Section Page

iii

Section Page

1. Short title 1

2. Definitions 1

Part I—Deakin University 4

Division 1—The University 4

3. Establishment of Deakin University 4

4. Custody and use of common seal 4

5. Objects of the University 5

Division 2—The Council 6

6. Council to be governing body of University 6

7. Composition of Council 6

8. Terms and conditions of office of Council members 7

9. Removal of appointed members and vacation of office 8

10. Repealed 10

11. Conduct of elections etc. 10

12. Filling of vacancies upon expiration of term 10

13. Provision in case of failure of election 11

14. Vacation of office 11

15. Filling of casual vacancies 12

16. Election of Chancellor to be by members of Council etc. 13

17. Election of Deputy Chancellor 13

18. Chairman of meetings 13

19. Council member's responsibilities 14

19A. Pecuniary interests of Council members 14

20. Decisions of Council 15

20A. Resolutions without meetings of the Council 15

20B. Approved methods of communication for Council meetings 16

21. Vice Chancellor 16

21A. Deputy Vice Chancellors 17

22. Staff of the University 18

23. Conferring of degrees etc. 18

24. Committees and delegation of powers 19

25. Saving of proceedings of Council 19

25A. Indemnities 20

Division 3—The Academic Board 20

26. Academic Board 20

27. Power of the Academic Board 21

27A. Resolutions without meetings of the Academic Board 21

27B. Approved methods of communication for Academic Board meetings 22

Division 4—Statutes and Regulations 23

28. Power to Council to make Statutes 23

29. Submission of certain proposed Statutes and regulations to Academic Board etc. 26

Division 5—Financial 28

30. Application of funds of the University 28

31. Housing 29

32. Student Loan Fund 29

Division 6—Property 30

33. Acquisition of land for or in connexion with University 30

33A. Disposal of land 31

34. Creation and administration of trust and other funds 32

Division 7—Formation and membership of companies, joint venturesetc. 34

34A. Formation of companies 34

34B. Deakin University Foundation Ltd etc. 40

35. Audit of corporations 40

Division 8—General 43

36. Saving of appointments and elections made out of time 43

37. Repealed 43

37A. Fines 43

38. Visitor 43

Division 9—Transitional 44

39. First Council appointments for 1998 44

40. Existing proceedings 46

Part 2—Repealed 46

41–49. Repealed 46

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ENDNOTES 47

1. General Information 47

2. Table of Amendments 48

3. Explanatory Details 51

iii

Version No. 040

Deakin University Act 1974

Act No. 8610/1974

Version incorporating amendments as at 1 August 2003

An Act for the Establishment and Incorporation of a University to be known as Deakin University and for other purposes.

Deakin University Act 1974

Act No. 8610/1974

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):

S. 1
amended by No. 70/1995 s.43(1).

1. Short title

This Act may be cited as the Deakin University Act 1974.

S. 1(2) repealed by No. 70/1995
s. 43(2).

* * * * *

2. Definitions

In this Act unless inconsistent with the context or subject-matter—

S. 2 def. of "academic staff"
inserted by No. 28/1990 s.17(a).

"academic staff" in relation to the University, means person enrolled as staff of the University teaching in or managing academic programs or courses of study or conducting research;

"Council" means the Council of Deakin University established pursuant to this Act;

S. 2 def. of "diplomate" amended by No. 10110
s. 4(a), repealed by No. 28/1990
s. 23(a).

* * * * *

S. 2 def. of "enrolled student" amended by No. 10110
s. 4(b).

"enrolled student" means a student enrolled for a programme of study or course in the University and includes post-graduate student;

S. 2 def. of "general staff" inserted by No. 28/1990
s. 17(b).

"general staff" in relation to the University means persons, other than academic staff, employed by the University;

S. 2 def. of "graduate" amended by Nos 28/1990
s. 23(b), 41/1991
s. 16(1).

"graduate" means a person whose name is inscribed pursuant to the Statutes on a roll kept by the University of the names of the holders of such degrees or other awards conferred by the University or the Warrnambool Institute of Advanced Education or Victoria College as are prescribed by the Statutes;

S 2 def. of "post-graduate student"
substituted by
No. 57/1996
s. 28 (as amended by No. 70/1997 s.78).

"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

"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 a professor emeritus;

"regulations" means regulations made under the Statutes;

"Statutes" means Statutes of the University made by the Council under this Act;

s. 2

"University" means Deakin University established and incorporated under this Act.

______

Part I—Deakin University

Division 1—The University

3. Establishment of Deakin University

s. 3

S. 3(1) amended by No. 10110 s. 5.

(1) There shall be established in Victoria a University to be known as "Deakin 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. 3.

(2) The University shall be a body politic and corporate by the name of "Deakin 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 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 are—

(a) to establish a university in the Geelong area;

S. 5(ab) inserted by No. 28/1990
s. 23(c), amended by Nos 41/1991
s. 16(2), 34/2001 s.11.

(ab) to maintain campuses of the University at Geelong, Warrnambool, Burwood, Malvern and such other place or places as are prescribed by the Statutes.

(b) to provide tertiary education at university level for students attending the University and to provide the opportunity for tertiary education at university level to all qualified persons whether within or outside Victoria by means of external studies programmes;

S. 5(c) amended by Nos 10110
s. 6(a), 28/1990
s. 23(d).

(c) to arrange for the provision of study centres at appropriate places whether in or outside Victoria where students taking external studies programmes can have access to library and other study facilities and can be given tutorial and practical assistance;

S. 5(d) amended by No. 10110
s. 6(b).

(d) to provide all such programmes of study as are prescribed by the Statutes and all such courses as are approved by the Academic Board from time to time;

S. 5(e) amended by No.26/2003 s.3(a).

(e) to aid by research and other means the advancement of knowledge and the pursuit of the benefits of its practical application;

S. 5(ea) inserted by No.26/2003 s.3(b).

(ea) to promote critical enquiry within the university and in the general community;

S. 5(f) amended by Nos 10110
s. 6(c), 28/1990
s. 23(e).

(f) to confer after appropriate assessment the several degrees of Bachelor, Master and Doctor and grant such diplomas and certificates as are prescribed by the Statutes.

Division 2—The Council

6. Council to be governing body of University

s. 6

The Council shall be the governing authority of the University.

7. Composition of Council[1]

S. 7(1) amended by No. 10110
s. 7(a)-(d), substituted by No. 28/1990
s. 18, amended by Nos 41/1991
s. 17(1)(a)–(c), 70/1995
s. 33(1)(a)(b), substituted by No. 70/1997
s. 4.

(1) The Council shall consist of—

(a) the Chancellor;

(b) the Vice-Chancellor;

(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.

S. 7(1A) inserted by No. 70/1997
s. 4.

(1A) If the Chairperson 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.

S. 7(1B) inserted by No. 70/1997
s. 4.

(1B) Of the members appointed under sub-section(1)(h)—

(a) one must be a person with substantial business experience;

(b) one must be a person with qualifications and experience in financial matters.

S. 7(1C) inserted by No. 70/1997
s. 4.

(1C) 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.

(2) The Council may if it thinks fit by Statute provide—

S. 7(2)(a) repealed by No. 41/1991
s. 17(2).

* * * * *

(b) for the ascertainment by the Council, in the manner prescribed by the Statutes, of the opinion of enrolled students upon anything affecting the student body—

or for both such matters.

S. 8 (Heading) inserted by No.26/2003 s.4(1).

S. 8
amended by No. 10110
s. 8(a)–(c), substituted by No. 28/1990
s. 19, amended by Nos 41/1991 s.17(3)(a)(b), 70/1995
s. 33(2),
substituted by No. 70/1997
s. 5, amendedby No.26/2003 s.4(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;

S. 8(2) insertedby No.26/2003 s.4(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.4(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.4(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

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

9. Removal of appointed members and vacation of office

s. 9

(1) Any member appointed by the Governor in Council may at any time be removed by the Governor in Council.

S. 9(1A) inserted by No. 28/1990
s. 21(1).

(1A) A member appointed by the Minister may at any time be removed by the Minister.

S. 9(2) repealed by No. 70/1997
s. 6(a).

* * * * *

(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) If any member of the Council elected by enrolled students ceases to be an enrolled student his office as a member of the Council shall become vacant.

S. 9(5) inserted by No. 28/1990
s. 21(2).

(5) If a member of the Council—

S. 9(5)(a) amended by No. 70/1997
s. 6(b).

(a) elected by staff becomes an enrolled student on a full-time basis; or

S. 9(5)(b) amended by No. 70/1997
s. 6(b).

(b) elected by students becomes a member of the staff on a full-time basis—

that member's office becomes vacant and shall be filled in the manner provided for the filling of casual vacancies.

S. 9(6) inserted by No. 28/1990
s. 21(2), amended by No. 70/1997
s. 6(b).

(6) A person who, on a full-time basis, is a member of the staff or a student—

S. 9(6)(a) amended by No. 70/1997
s. 6(c).

(a) is not eligible to be appointed as a member of the Council under sub-section (1)(f), (g) or (h); and

S. 9(6)(b) amended by No. 70/1997
s. 6(b).