swinburne university of technology bill · swinburne university of technology bill no. clause 1....

Swinburne University of Technology Bill

No.

Clause

1. Purpose 2. Commencement 3 Definitions

TABLE OF PROVISIONS

PART I-PREliMINARY

PART 2-SWlNBVRNE UNIVERSITY OF TECHNOLOGY

4. The University S Common Seal 6. Objects of the University 7. The Council 8. Term of office of appointed or elected member of Council 9. Removal of appointed members

10. Vacancies arising from other appointments etc. 11. Filling ofvacancies on retirement 12. Provision in case of failure of election 13. Resignation and removal from office 14. Casual vacancies IS. Chairperson of Council 16. Pecuniary interests 17. Procedure of Council 18. Committees 19. Delegation 20. Validity of decisions 21. Indemnities 22. Chancellor and Deputy Chancellor 23. Vice Chancellor 24. Acting Vice Chancellor 2S. Staff 26. Awards of the University

PART 3-HIGHER EDUCATION

27. Division established 28. Academic Board 29. Chairperson and Deputy Chairperson of Academic Board 30. Powers of Academic Board

PART 4--TECHNICAL AND FURTHER EDUCATION DIVISION

31. Division established 32. Board ofTechnical and Further Education 33. Chairperson and Deputy Chairperson of Board 34. Powers of Board 3S. Board of Technical Studies

1-[467}-900/30.4.92-92044HRey. No. 3)(921)

36. Statutes to be approved

PART S-STA TUTES AND REGULATIONS

37. Power of Council to make Statutes 38. Statutes of the Council . 39. Statutes and regulations affecting courses of study 40. Affiliation with educational institution

PART 6-PROPERTY AND FINANCIAL

41. Application of funds of the University 42. Acquisition ofland for or in connection with the University 43. Creation and administration of trust and other funds 44. Formation and membership of companies 45. Accounts and records 46. Annual report 47. Audit

PART 7-GENERAL

48. Visitor 49. Elections 50. Fines and payment of compensation

PART ~TRANSITIONAL PROVISIONS

51. First Chancellor 52 Transitional provisions for members of Council 53. Determining period of office of certain members 54. Students ofSwinbume Institute or Prabran College 55. Indemnity of former members of council ofSwinbume company or Prabran College 56. Certain courses of study to be approved

PART 9-MERGER

57. University to be successor in law ofSwinbume Institute 58. Transfer of assets and liabilities ofPrabran College 59. Gifts, trusts etc. 60. Certain land to vest in the University 61. Amendment of Register etc. 62. Sta1f of Swinburne Institute and Prahran College 63. Regulations of Swinbume Institute and Prabran College 64. Powers ofSwinburne Institute and Prabran College 65. Organisations related to Swinbume Institute and Prabran College 66. Revocation of Order in Council

67. Supreme Court-limitation of jurisdiction

PART to-CONSEQUENTIAL AMENDMENTS

68. Post-Secondary Education Act t978 69. Vocational Education and Training Act 1990 70. Administrative Law Act 1978

SCHEDULE

Land which vests in the University

By Authonty L. V. North, GovemmenlPrinler Melbourne

LEGISLATIVE ASSEMBLY Read 10

(Brought in by )

A BILL to establish a university to be known as Swinburne University of

Technology, to amend the Post-Secondary Education Act 1978, the Vocational Education and Training Act 1990, the Administrative Law

Act 1987 and for other purposes.

Swinburne University of Technology Act 1992

The Parliament of Victoria enacts as follows:

PART I-PRELIMINARY

1. Purpose

The purpose of this Act is to establish the Swinburne 5 University of Technology, to improve access to university

education in the Outer Eastern region of Melbourne and to provide for the merger with the University of Swinburne Institute of Technology, Swinburne College of Technical and Further Education and Prahran College of

10 Technical and Further Education.

Section headings appear in bold italics and are not part of the Act. (See Interpretation of Legislation Act 1984.)

1-[467]-900/30.4.92-92044HRev. No. 3) (921) 1

s.2 Swinburne University o/Technology

2. Commenceme"t

This Act comes into operation on a day or days to be proclaimed.

3. Deji"itiolU

In this Act-

"appointed day" means the day on which section 57 comes into operation;

"Board of Technical and Further Education" means the Board appointed under section 32;

5

"Board of Technical Studies" means the Board 10 appointed under section 35;

''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 15 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 20 (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; 25

''Outer Eastern region of Melbourne" means the municipal districts of Croydon, Healesville, Knox, Lillydale, Nunawading, Ringwood, Sherbrooke and Upper Yarra;

"post-graduate student" means a student enrolled as a 30 candidate for a graduate diploma, degree of Master or Doctor or any other course for admission to which completion of a degree is normally required;

2

5

10

15

20

25

Swinburne University of Technology

"Prahran College" means the Prahran College of Technical and Further Education;

''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;

"State Training Board" means the State Training Board established by the Vocational Education and Training Act 1990;

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

"Swinburne council" means the governing body of the Swinburne company;

''Swinburne Institute" means Swinburne Institute of Technology and Swinburne College of Technical and Further Education, both operated by the Swinburne company;

"Swinburne company" means Swinburne Limited, a company within the meaning of the Corporations Law of Victoria;

"University" means Swinburne University of Technology established and incorporated under this Act

PART 2-SWINBURNE UNIVERSITY OF TECHNOLOGY

4. The University

30 (1) There is established a University to be known as "Swinburne University of Technology".

3

s.4

s. S Swinburne University o/Technology

(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 5

(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

10

and things that a body corporate may by law do or 15 suffer.

S. 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 20 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. 25

6. Objects of the University

The objects of the University include-

(a) the development of an institution with excellence in teaching, training, scholarship, research, consultancy, community service and other 30 educational services and products, with emphasis on technology and its development, impact and application;

4

Swinburne University o/Technology

(b) the provision of a multi-level system of postsecondary education programs relevant to the needs of the community covering a wide range of fields and levels from basic trade to post-doctoral studies

5 with provision for recognition of prior learning and flexibility of transition between programs;

(c) the provision of high quality educational, research, residential, commercial, cultural, social, recreational, sporting and other facilities;

10 (d) the advancement 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 such research;

15 (e) the participation in commercial ventures and activities;

(/) the fostering of the general welfare and development of all enrolled students;

(g) the conferring of prescribed degrees and the granting 20 of prescribed diplomas, certificates and other

awards; (h) the provision of opportunities for development and

further training for staff of the University; (i) the development and provision of educational,

25 cultural, professional, technical and vocational services to the community and in particular the fostering of participation in a university of technology of persons living or working in the Outer Eastern region of Melbourne;

30 u) the provision of programs, products and services in ways that reflect the principles of equity and social justice;

(k) the maintenance of close interaction with industry and the community and the development of

35 associations or agreements with any other educational, commercial, governmental or other institution;

(I) the enhancement through the development of knowledge and skills of the ability to shape

5

s.6

s.7 Swinburne University of Technology

technology, social and economic processes and to recognise, understand and take account of the ethical environmental and other implications of such processes;

(m) the conduct of teaching, research, consultancy and 5 development activities within and outside Australia;

(n) generally, the development and operation of a university providing appropriate and accessible academic and other programs, courses of study, 10 educational products and research activity such as the Council considers necessary for the attainment of the foregoing within Victoria and elsewhere.

7. The Council

(1) The Council is the governing authority of the University 15 and has the management and superintendence of the University.

(2) The Council shall consist of: (a) The Chancellor; (b) The Vice-Chancellor; 20 (c) One person appointed by the Academic Board; (d) One person appointed by the Board of Technical

Studies; (e) 4 persons elected as prescribed of whom-

(i) one shall be elected by and from staff enrolled 25 as staff of the University teaching in or managing academic programs or courses of study of higher education or conducting research;

(ii) one shall be elected by and from staff enrolled 30 as staff of the University teaching in technical and further education programs;

(iii) 2 shall be elected by and from staff enrolled as staff of the University in professional, administrative, clerical, computing or technical 35 occupations;

<f) 3 persons elected as prescribed of whom-

6


(i) one shall be elected by and from students enrolled in undergraduate academic programs or undergraduate courses of study of higher education; and

5 (ii) one shall be elected by and from students enrolled in post-graduate academic programs or post-graduate courses of study of higher education; and

(iii) one shall be elected by and from students 10 enrolled in technical and further education

programs; (g) 3 persons appointed by the Governor in Council

who are members of the Parliament of Victoria recommended for appointment by a joint sitting of

15 the members of the Legislative Council and the Legislative Assembly conducted in accordance with rules adopted for the purpose by the members present at the sitting;

(h) 6 persons appointed by the Governor in Council; 20 (i) One person appointed by the Minister;

U) Not less than 7 and not more than 9 persons appointed by the Council.

(3) Members appointed under sub-section (2) (h) must include 3 persons who live or work in or about the Outer Eastern

25 Region ofMelboume.

(4) Members appointed under sub-section (2) (h) or U)-(a) if the Statutes so prescribe, must include the number

of graduates or diplomates so prescribed; and (b) must include 2 persons who are members of the

30 Board of Technical and Further Education-

but must not be persons who are employed as staff' of, or are students at, the University.

(5) If a person has been a member of the Council appointed under sub-section (2) (c) or (d) for 3 consecutive terms,

35 the person is not eligible to be re-appointed as such a member until 2 years have elapsed since he or she was last such a member.

(6) If a person has been a member of the Council appointed

7

s.7


under sub-section (2) (h) or (j) for 3 consecutive terms, the person is not eligible to be re-appointed as such a member until 3 years have elapsed since he or she was last such a member.

(7) If a person has been a member of the Council elected 5 under sub-section (2) (e) for 3 consecutive terms, the person is not eligible to be re-elected as such a member until 2 years have elapsed since he or she was last such a member.

(8) If a person has been a member of the Council elected 10 under sub-section 2 (/) for 3 consecutive terms, the person is not eligible to be re-elected as such a member until a year has elapsed since he or she was last such a member.

(9) For the purposes of sub-sections (5) to (8), "term" does not include a period for which a person was appointed or 15 elected to the vacancy in accordance with section 14.

(10) This section is subject to sections 52 and 53.

8. Term 0/ office 0/ appointed or elected members 0/ Council

(1) Subject to this Act, a member of the Council appointed by the Governor in Council, the Minister or the Council 20 holds office for a term of 3 years.

(2) Subject to this Act, a member of the Council elected by the Academic Board, the Board of Technical Studies or a class of members of staff holds office for a term of 2 years.

(3) Subject to this Act, a member of the Council elected by 25 enrolled students holds office for a term of 1 year.

9. Removal 0/ appointed members

(1) A member of the Council appointed by the Governor in Council may, at any time, be removed by the Governor in Council. 30

(2) A member of the Council appointed by the Minister may, at any time, be removed by the Minister.

8


10. Vacancies arising/rom 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; 5 and

10

(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

15 vacancies.

11. Filling o/vacancies on retirement

The appointment or election of a person as a member of the Council to fill a vacancy caused by the retirement of a member upon the expiration of the term of office-

20 (a) in the case of an election or the appointment of a person otherwise than under section 7 (2) U), may be made within 3 months before the date of expiration of the term of office of the retiring member or as soon as practicable after that date;

25 (b) in the case of the appointment of a person under section 7 (2) U), may be made either at the last meeting of the Council held before the date of expiration of the term of office of the retiring member or as soon as practicable after that date.

30 12. Provision in case 0/ failure 0/ election

If-

(a) at an election of members of the Council(i) no vacancies are filled; or

9

s.10

s. 13 Swinburne University of Technology

(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- 5

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. 10

13. Resignation and removal/rom 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. 15

(3) The Council must remove a member of the Council from office if the member-

(a) is an insolvent under administration within the meaning of the Corporations Law of Victoria; or

(b) is convicted ofan offence referred to in section 229 20 (2) of the Corporations Law of Victoria; or

(c) is a person to whom an order under section 599 of the Corporations Law of Victoria applies.

(4) The Council may remove a member of the Council from office if- 25

(a) in the opinion of the Council, the member is incapable of performing his or her duties; or

(b) in the opinion of the Council, the member refuses to perform, or is negligent in the performance of, his or her duties; or 30

(c) if the member, without the Council's approval, fails to attend three consecutive meetings; or

(d) the member is convicted of an indictable offence; or

(e) the member fails to disclose a pecuniary interest as 35 required by section 16.

10

Swinburne University a/Technology

14. Casual vacancies

(1) If the office ofa 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

5 prescribed, to fill the vacancy and to hold office, subject to this Act, for the remainder of the term.

(2) If the vacancy occurs within three months before the expiry of a member's term of office, the office may be left vacant for the remainder of the term.

10 15. Chairperson o/Council

At a meeting of the Council, the Chancellor, or in the absence of the Chancellor, the Deputy Chancellor, shall preside and, in the absence of the Chancellor and Deputy Chancellor, a member of the Council elected by the

15 members present shall preside.

16. Pecuniary interests

(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

20 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

25 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 (l) or reported under subsection (2) must cause a record of the declaration to be made in the minutes of the meeting.

30 (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

11

s.14

s.17 Swinbume University of Technology

(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.

17. Procedure 0/ Council

(l) A question arising at a meeting of the Council shall be determined by a majority of votes of members present and voting on that question, unless this Act otherwise provides.

5

(2) If voting on a question at a meeting of the Council is 10 equal, the person presiding has a casting vote as well as a deliberative vote.

(3) A question (including a question referred to in subsection (4» shall not be decided at a meeting of the Council unless there are present at the meeting at least 15 half the members of the Council then in office.

(4) A question of appointing one or more persons as members of the Council under section 7 (2) U), shall not be decided unless at least half the members present are members who hold office under section 7 (2) (a), (g), (h), 20 (i) orU).

(5) The Council must meet at least 6 times in each year.

(6) Subject to this Act and the Statutes and regulations, the Council may regulate its own proceedings.

18. Committees

(1) The Council, by resolution, may constitute and appoint such committees as it thinks fit

(2) A committee appointed by the Council must report to the Council on its activities at such times and in such

25

manner as the Council directs. 30

19. Delegation

The Council may delegate all or any of its powers, authorities, duties and functions, other than-

12


(a) the power to make Statutes; and (b) the powers under section 26; and ( c) this power of delegation-

to a committee appointed by it, a member of the Council, 5 the Board of Technical and Further Education, the Board

of Technical Studies or a prescribed officer of the University.

20. Validity of decisions

An act or decision of the Council is not invalid-10 (a) by reason only of a defect or irregularity in, or in

connection with, the appointment or election of a member; or

(b) by reason only of a vacancy in its membership, including a vacancy arising out of the failure to

15 appoint or elect an original member; or (c) by reason only of a defect or irregularity in, or in

connection with, the election of a person to preside at a meeting.

21. Indemnities

20 The University must indemnify and keep indemnified each member of the Council and any member of a Committee constituted by resolution of the Council or by or under a Statute or regulation against all actions or claims (whether arising during or after the term of office

25 of that member) in respect of any act or thing done or omitted to be done in good faith in the exercise or purported exercise of any powers or duty conferred or imposed upon the Council or Committee or upon any member or members of the Council by or under this Act.

30 22. Chancellor and Deputy Chancellor

( 1) The Council must elect as prescribed a person to be the Chancellor of the University.

(2) A member of staff or an enrolled student is not eligible to be, or to continue to be, Chancellor.

13

s.20

s.23 Swinbume University a/Technology

(3) The Chancellor holds office for a term of three years or until ceasing to be a member of the Council, whichever first occurs, on such conditions as the Council determines and may be re-elected.

(4) The Council must elect, as prescribed, a person to be 5 Deputy Chancellor of the University from among the members of the Council.

(5) The Deputy Chancellor holds office for such term and subject to such conditions as are prescribed and, if an eligible member of the Council, may be re-elected. 10

(6) 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 act as Chancellor and has all the powers and duties of the Chancellor. 15

(7) This section is subject to section 51.

23. Vice ChtlllCellor

(1) The Council must appoint a person to be the Vice Chancellor of the University.

(2) The Vice Chancellor holds office, unless he or she sooner 20 resigns, retires or otherwise ceases to hold office, for such term and on such conditions as the Council determines and may be re-appointed.

(3) Subject to this Act, the Vice Chancellor is the chief executive officer of the University and has such powers 25 and duties as prescribed.

(4) Unless the Statutes otherwise prescribe, the Vice Chancellor may delegate any of the powers and duties of the Vice Chancellor, other than this power of delegation, to any person or body of persons. 30

24. Acting Vice Chancellon

(1) The Council may appoint a person (whether or not a member of the Council) to act as Vice-Chancellor.

(2) The Acting Vice-Chancellor shall act as Vice-Chancellor

14


during any vacancy in the office of Vice-Chancellor or during the absence or inability of the Vice-Chancellor to act and while so acting, has all the powers and duties of the Vice-Chancellor and, if not otherwise a member of

5 the Council, is such a member.

(3) If the Acting Vice-Chancellor is a member of the Council, otherwise than by reason of this section, and a vacancy in the office of Vice-Chancellor, or the absence or inability to act of the Vice-Chancellor, is likely to

10 continue for at least three months-

(a) the Council may determine that the office of the member has become vacant; and

(b) if the Council so determines, a person must be appointed or elected as prescribed to fill the vacancy

15 and to hold office, subject to this Act, for the period during which the member is acting as ViceChancellor.

25. Staff

(l) Subject to this Act and the Statutes and regulations, the 20 Council may, on such terms and conditions as it

determines, employ persons in teaching or other positions in the University.

(2) The Council may terminate the employment of any member of staff employed by it but, in the case of a

25 person employed in teaching in academic programs or courses of study or conducting research or in a prescribed position, may not terminate the employment unless the Council so resolves by the votes of at least two-thirds of the members of the Council present and voting and at

30 least one half of the total number of members of the Council.

(3) The Council may enter into arrangements with any person, agency or body for the engagement of persons as teaching or other staffin the University.

15

s.25


26. Awards of the University

(1) Subject to the Statutes and regulations, the Council may, after appropriate assessment, confer any degree or grant any diploma, certificate or other award.

(2) The Statutes may provide- 5 (a) for the admission without examination to any

degree, diploma, certificate or other award of any person who has graduated at any other University, at Swinburne Institute, at Prahran College or at a prescribed institution; and 10

(b) for the admission honoris causa to any degree, diploma, certificate of other award of any person whether or not the person has graduated at a University.

(3) The persons on whom degrees are conferred, or diplomas, 15 certificates or other awards granted, under sub-section (2) are entitled to the same rights and privileges as those to which persons who have graduated after appropriate assessment in the University are entitled.

(4) All degrees conferred, and diplomas granted, by the 20 University must be evidenced by a certificate given under the common seal of the University.

(5) If the Statutes so provide, the Council may, in prescribed circumstances and in the manner prescribed, revoke any degree, diploma, certificate or other award conferred or 25 granted by the University or by Swinburne Institute or by Prahran College.

PART 3-HIGHER EDUCATION DIVISION

27. Division established

(1) There shall be a Higher Education Division of the 30 University.

(2) The Academic Board is part of the Higher Education Division.

(3) The Statutes may make provision relating to the composition and purposes of the Division. 35

16

5


28. Academic Board

(1) There shall be an Academic Board for the purposes of

(a) academic oversight of prescribed academic programs and courses of study of higher education of the University; and

(b) providing advice to the Council on the conduct and content of those programs and courses.

(2) The Academic Board shall consist of such number of members as the Statutes prescribe of whom-

10 (a) at least two-thirds must be persons elected as prescribed by prescribed classes of staff and students; and

(b) at least two-thirds of the elected members must be elected by and from staff enrolled as staff teaching

15 in academic programs and courses of study of higher education in the University; and

(c) any other members must be persons appointed by the Council from prescribed classes of persons.

29. Chairperson and Deputy Chairperson 0/ Academic Board

20 There shall be a chairperson and a deputy chairperson of the Academic Board elected by the Board.

25

30

30. Powers of Academic Board

The Academic Board-

(a) may discuss and submit to the Council an opinion on any matter relating to prescribed higher education programs of the University and, in particular, may make to the Council such recommendations as it thinks proper with respect to instruction, studies, discipline, examinations, assessments, research, degrees and diplomas in those programs of the University; and

(b) must report to the Council on all matters submitted to it by the Council for report; and

17

s.28


(c) has such other powers and duties as are conferred or imposed upon it by this Act or by the Statutes or regulations; and

(d) subject to this Act and, except as otherwise prescribed by the Statutes and regulations, may 5 regulate its own proceedings.

PART 4-TECHNICAL AND FURTHER EDUCATION DMSION

31. Division established

(1) There shall be a Technical and Further Education 10 Division of the University.

(2) The Board of Technical and Further Education and the Board of Technical Studies are part of the Division.

(3) The Statutes may make provision relating to the composition and purposes of the Division. 15

32. Board o/Technical and Further Education

There shall be a Board of Technical and Further Education consisting of the prescribed number of members each of whom is elected or appointed as prescribed. 20

33. Chairperson and Deputy Chairperson 0/ Board

There shall be a chairperson and deputy chairperson of the Board of Technical and Further Education elected by the Board.

34. Powers 0/ Board 25

(I) The Board of Technical and Further Education-(a) may discuss and submit to the Council an opinion

on any matter relating to the prescribed technical and further education programs of the University and, in particular, may make to the Council such 30 recommendations as it thinks proper with respect to planning and funding of technical and further

18


education activities, instruction, studies, discipline, examinations, assessments, research, diplomas, certificates and other awards in those programs of the University;

5 (b) must report to the Council on all matters submitted to it by the Council for report;

(c) has such other powers and duties as are conferred or imposed upon it by this Act or, with the approval of the Minister after consultation with the State

10 Training Board, by the Statutes or regulations; and

(d) subject to this Act and except as otherwise prescribed by the Statutes and regulations, may regulate its own proceedings.

35. Board o/Technical Studies

15 (1) There shall be a Board of Technical Studies for the purposes of-

(a) academic oversight of prescribed programs and courses of study in technical and further education; and

20 (b) providing advice to the Board of Technical and Further Education on-(i) the conduct and content of those programs

and courses; and (ii) the awarding of certificates and diplomas in

25 technical and further education.

(2) The Board of Technical Studies shall consist of the prescribed number of members each of whom is elected or appointed as prescribed.

(3) There shall be a chairperson and deputy chairperson of 30 the Board of Technical Studies elected by the Board.

36. Statutes to be approved

A Statute for the purposes of this Part must not be made unless the Minister, after consultation with the State Training Board, has approved the proposed Statute.

19

s.3S

s.37 Swinbume University o/Technology

PART S-STATUTES AND REGULATIONS

37. Power of Council to males Statutes

Subject to this Act, the Council may make Statutes for or with respect to all matters relating to the organization, management and good government of the University 5 and in particular, without affecting the generality of the foregoing, for or with respect to-

(a) the organization of the University;

(b) the organization of the services which are needed for the proper conduct of the University; 10

(c) staff;

(d) enrolled students;

(e) the qualifications for entry to the University and the selection and enrolment of students;

(/) the discipline of the University; 15

(g) the imposition of fines for, or determining compensation payable for damage arising from, breaches of the discipline of the University;

(h) the examinations or assessments for fellowships, scholarships, prizes, exhibitions, degrees, certificate 20 or other awards, diplomas, and the granting of degrees, including degrees ad eundem statum or honoris causa and the granting of diplomas, certificates or other awards;

(i) the recognition, in lieu of, or for the purpose of, 25 any examination or course of study, of any course of study completed or examination passed in any educational institution;

U) fees or other charges for enrolment and for any examination, assessment, degree or diploma or any 30 certificate;

(k) fees or other charges to be charged for classes and for the use of any facilities of the University;

(I) the manner and time of convening of meetings of the Council; 35

20

5

10

15

20

25


(m) the affiliation with the University of any college or institution or other body and the establishment of affiliated institutions;

(n) scholarships, bursaries or prizes provided by the University or otherwise;

(0) the provision by the Council of accommodation for students and the management and control of any such accommodation;

(P) the arrangement of accommodation for staff and students including the erection or financing of buildings owned by the University or any other person or body;

(q) the exercising by agreement with the owner or governing body of any hostel, hall or other accommodation not established by the Council of powers of control and management of and in relation to that hostel, hall or other accommodation;

(r) provisions for superannuation, whether by establishing a fund or joining a fund controlled by others;

(s) property, buildings and traffic;

(t) intellectual property;

(u) academic dress;

(v) endowments;

(w) organizations, amenities and services;

(x) generally prescribing or providing for any matter or thing authorised or directed to be prescribed or provided for the purposes of this Act.

30 38. Statutes 0/ the Council

35

(1) The Council may, by a later Statute, revoke or amend any Statute.

(2) Any Statute made by the Council may provide for-

(a) the making of regulations, either by the Council or, if the Statutes so authorise, by the Vice-Chancellor

21

s.38


for or with respect to prescribing or providing for any matter or thing for the purpose of the Statute;

( b) the manner of promulgation of any such regulation;

(c) the revocation or amendment of any such regulation. 5

(3) A Statute made by the Council under this Act-

(a) must be in writing; and

(b) must have the common seal of the University affixed; and

(c) must be submitted to the Governor in Council for 10 approval.

(4) A Statute comes into operation on the day on which the Governor in Council approves it or, if a later day is specified in the Statute, from that later day.

(5) The production of a verified copy of a Statute under the 15 common seal of the University is sufficient evidence of its making and authenticity in all courts and before all persons acting judicially.

(6) A regulation made under a Statute comes into operation on the day on which it is promulgated in accordance 20 with the Statute under which it is made or, if a later day is specified in the regulation, from that later day.

(7) The production of a verified copy of a regulation under the common seal of the University is sufficient evidence of its making and authenticity in all courts and before 25 all persons acting judicially.

39. Statutes and regulations affecting courses 0/ study

(1) Before a Statute or regulation concerning a degree or diploma, or any matter affecting programs or studies referred to in section 28 (1) or 35 (1), is made, amended 30 or revoked by the Council, the Council, must submit the proposal to the Academic Board or the Board of Studies, as appropriate, for its report.

(2) If the Council declares a proposed Statute or regulation to which sub-section (1) applies to be urgent, the Council 35

22


may make the Statute or regulation without complying with sub-section (1).

(3) A Statute or regulation made under sub-section (2) ceases to have effect at the expiration of 6 months after it is

5 made, unless it sooner expires or is revoked.

(4) If the Academic Board or Board of Technical Studies does not report to the Council within 2 months (or such longer or shorter period as the Council determines in any particular case) after submission of a proposed

10 Statute or regulation to the Academic Board or Board of Technical Studies, the Council may make, amend or revoke the Statute or regulation without the report.

40. Affiliation with educational institution

The Council may, subject to this Act, make or alter 15 Statutes for the affiliation with the University of an

educational institution to which the governing body of the institution consents.

PART 6-PROPERTY AND FINANCIAL

41. Application o//unds o/the University

20 (1) All fees and all other money received by or on behalf of the University under this Act or otherwise must be applied by the Council solely for the objects or purposes of the University and, if received for particular objects or purposes of the University, must be applied solely for

25 those objects or purposes.

(2) Subject to this Act, the Council may borrow money at interest by way of mortgage, bank overdraft or otherwise-

(a) for the purpose of carrying out or performing any 30 of its powers, authorities, duties and functions; and

(b) for the repayment or partial repayment of any sum previously borrowed-

within such limits and upon such conditions as to security and otherwise as the Governor in Council, upon

23

s.40


the recommendation of the Treasurer, from time to time approves.

(3) Money of the University may be invested by the Council from time to time in authorised trustee investments authorised by the Council or in any other manner of 5 investment authorised by the Council.

42. Acquisition of land for or in connection with the University

(1) The Minister, after consultation with the Council, may, by agreement or compulsorily, acquire any land for the purposes of or in connection with the University. 10

(2) The Land Acquisition and Compensation Act 1986 applies to this Act and for that purpose-

(a) this Act is the special Act; and (b) the Minister is the Authority.

(3) Any unalienated Crown land, despite anything to the 15 contrary in the Land Act 1958-

(a) may be granted in fee simple to the University or to any college, institution or body affiliated or connected with the University for such consideration (if any) and subject to such 20 conditions, limitations and restrictions as the Governor in Council determines; or

(b) may be reserved under the Crown Land (Reserves) Act 1978 either permanently or temporarily as a site for the purposes of the University or any such 25 institution.

(4) Any land acquired by agreement under this Act by the Minister must be conveyed or transferred to the Crown and, despite anything to the contrary in any Act, may be dealt with as unalienated Crown land. 30

(5) Any land acquired compulsorily under this Act by the Minister-

(a) vests in the Crown under section 24 of the Land Acquisition and Compensation Act 1986, despite anything to the contrary in that section; and 35

24


(b) despite anything to the contrary in any Act, may be dealt with as unalienated Crown land.

43. Creation and administration of trust and other funds

(1) The University-5 (a) may acquire property by gift, grant, bequest or

devise; and (b) may agree to and carry out any conditions of any

such gift, grant, bequest or devise.

(2) Subject to this Act, the Council may create and 10 administer any trust fund or funds for any other purpose

whatsoever.

(3) The Council may establish one or more investment common funds for the collective investment of any trust and other funds held by or in the custody of the

15 University.

(4) The Council, from time to time without liability for breach of trust, may bring into or withdraw from any investment common fund the whole or any part of any trust fund or other fund, despite any direction to the

20 contrary, whether express or implied, contained in the trust instrument.

(5) The Council must not bring into any investment common fund the whole or any part of any trust fund if-

25 (a) the instrument creating the trust expressly directs to the contrary; or

(b) any of the securities in which the capital of the investment common fund is invested are securities in which the trust fund is not authorised to be

30 invested.

(5) Subject to sub-section (6), the Council must periodically distribute the income of each investment common fund among the funds participating in the common fund, having regard to the extent of the participation by each

35 fund in the common fund during the relevant accounting period.

25

s.43


(6) The Council, if it considers it expedient so to do, may from time to time add some portion of the income of a common fund to the capital of the common fund or use some part of the income to establish or augment a fund or funds as a provision against capital depreciation or 5 reduction of income.

44. Formatio" a"d membership 01 compa"ies

(1) If the Minister so approves, the University may form or participate in the formation of a limited company the objects of which are objects incidental or conducive to 1 0 the attainment of any of the objects of the University.

(2) Without limiting the generality of sub-section (I), the University may, with the approval of the Minister, form or participate in the formation of a limited company the objects of which include one or more of the following 15 objects:

(a) Providing facilities for study and education; (b) Undertaking research, development, consultancy

and other services for industrial or commercial organizations, public bodies or individuals; 20

(c) Aiding and engaging in the development, promotion and use of the results of university research;

(d) Preparing, publishing or distributing literary or artistic work, audio or audio-visual material or 25 computer software;

(e) Seeking or encouraging gifts to the University or its students;

(/) Promoting or assisting drama, music or the visual arts. 30

(3) In addition to the powers of the University under sections 41 and 43, the University may, with the approval of the Minister, be a member ofa limited company the objects of which are incidental or conducive to the attainment of any of the objects of the University. 35

(4) The University must not form, participate in the formation of or be a member of, a limited company

26


(other than under the powers of the University under sections 41 and 43) unless-

(a) the objects of the limited company are incidental or conducive to the attainment of any of the objects

5 of the University; and

(b) the memorandum or articles of association of the limited company provide that-(i) the company must not alter the memorandum

or articles of association of the limited 10· company unless the Council has by resolution

authorised the alteration; and (ii) the company must, where its total annual

income exceeds, or may reasonably be expected to exceed, $100 000, cause a report by a

15 registered company auditor on the accounts of the company to be made every twelve months and to be submitted to the Council within three months after the end of each twelve month period to which the report relates.

20 (5) Where-

(a) the University forms, participates in the formation of or is a member of, a limited company (other than under the powers of the University under sections 41 and 43) the objects of which are

25 incidental or conducive to the attainment of any of the objects of the University; and

(b) the University has a controlling interest in that company-

the University-

30 (c) must include in its annual report a copy of the accounts of the limited company in respect of the financial year ending during the period to which the University's annual report relates; and

(d) within 14 days oflodging any report, statement or 35 return in respect of the limited company with the

Australian Securities Commission under the Corporations Law of Victoria, must submit a copy of the report, statement or return to the Treasurer.

27

s.44

s.44 Swinburne University of Technology

(6) For the purpose of sub-section (5), the University has a controlling interest in a company if the University is, within the meaning of the Corporations Law of Victoria as varied by sub-section (7), a substantial shareholder in that Company. 5

(7) For the purposes of determining whether the University is a substantial shareholder in a company, the provisions of the Corporations Law of Victoria apply as if a reference in section 708 (5) of the Corporations Law of Victoria to the prescribed percentage were a reference to 50 per 10 centum.

(8) Where the University forms, participates in the formation of or is a member of, a limited company to which sub-section (5) applies, the accounts of the limited company must be audited annually by the Auditor- 15 General.

(9) The requirements of sub-section (8) are in addition to the requirements of the Corporations Law of Victoria.

(10) The University must pay to the Consolidated Fund an amount to be determined by the Auditor-General to 20 defray the costs and expenses of an audit under this section.

(11) The following provisions apply to the annual audit under sub-section (8): (a) The Auditor-General has with respect to the 25

accounts of the limited company all the powers conferred on the Auditor-General by any law relating to the auditing of public accounts;

(b) The limited company must within three months after 31 December in each year cause its accounts 30 to be balanced to that date and a statement of accounts to be prepared and submitted to the Auditor-General;

(c) The statement of accounts must be prepared in the manner and in the form approved by the Treasurer 35 and must present fairly the financial transactions of the limited company during the year and the financial position of the limited company at the end of the year;

28


(d) The Auditor-General must forward to the Treasurer a copy of the audited annual accounts.

(12) Without limiting the generality of the powers of the Auditor-General under sub-section (ll), the Auditor-

5 General personally or by the Auditor-General's officers-

(a) has right of access at all times to the books, securities accounts and vouchers of the limited company; and

10 (b) may require from the officers, servants and employees of the limited company such information assistance and explanations as are necessary for the performance of the AuditorGeneral's duties.

15 (13) Sub-sections (8), (10) and (12) do not apply to a limited company of which the University has ceased to be a member before the last preceding annual audit.

( 14) If, in the opinion of the Council and the Minister, the management or conduct of the affairs or concerns of

20 the University requires the University so to do, the University may, subject to such terms and conditions as the Minister determines after consultation with the Treasurer-(a) be a member ofa corporation, other than a limited

25 company, or an association or partnership; (b) form, or participate in the formation of, a

corporation, other than a limited company, or an association or partnership; or

(c) enter into a joint venture with another person or 30 persons-

the objects or purposes of which include one or more of the following objects or purposes:

(d) Providing facilities or services for study, research or education;

35 (e) Undertaking research, development, consultancy or other services for commercial organisations, public bodies or individuals;

29

s.44

s.4S Swinburne University o/Technology

(/) Aiding or engaging in the development or promotion ofuniversity research or the application or use of the results of such research;

(g) Preparing, publishing, distributing or licensing the use of literary or artistic work, audio or audio- 5 visual material or computer software;

(h) Seeking or encouraging gifts to the University or for University purposes;

(z) Promoting or assisting drama, music, or the visual arts. 10

(15) In this section, "limited company" has the same meaning as in the Corporations Law of Victoria.

45. Accounts and records

(1) The Council must ensure that there are kept proper accounts and records of the transactions and affairs of 15 the University and such other records as sufficiently explain the financial position of the University.

(2) The Council must do all things necessary to do each of the following:

(a) Ensure that all money payable to the University is 20 properly collected;

(b) Ensure that all money expended by the University is properly expended and properly authorised;

(c) Ensure that adequate control is maintained over assets secured by, or in the custody of, the 25 University;

(d) Ensure that all liabilities incurred by the University are properly authorised;

(e) Ensure efficiency and economy of operations and avoidance of waste and extravagance; 30

(/) Develop and maintain an adequate budgeting and accounting system;

(g) Develop and maintain an adequate internal audit system.

30


46. Annual report

(1) The Council must, in respect of each year ending on 31 December, prepare an annual report containing-

(a) a report of its operations during the year; and 5 (b) financial statements for the year-

and submit the report to the Minister not later than 30 April·next following the year.

(2) The report of operations referred to in sub-section (1) (a)-

10 (a) must be prepared in a form and contain information determined by the Council to be appropriate; and

(b) must contain any further information required by the Minister.

(3) The financial statements referred to in sub-section (1) 15 (b)-

(a) must contain information determined by the Treasurer to be appropriate; and

(b) must be prepared in a manner and form approved by the Treasurer; and

20 (c) must present fairly the results of the financial transactions of the University during the year to which they relate and the financial position as at the end of that year; and

(d) must be signed by the principal accounting officer 25 (by whatever name called) of the Council and by

the Vice-Chancellor and another member of the Council who shall-(i) state whether, in their opinion, the financial

statements present fairly the results of the 30 financial transactions of the University during

the year to which they relate and whether they sufficiently explain the financial position of the Council as at the end of the year; and

(ii) state whether, at the date of signing the 35 financial statements, they were aware of any

circumstances that render any particulars included in the statements misleading or

31

s.46


inaccurate and, if so, particulars of the circumstances; and

(e) must be audited as required by section 47 (1).

(4) The Minister must cause each annual report submitted to the Minister under this section to be laid before the 5 Legislative Council and the Legislative Assembly before the expiration of the seventh sitting day of the Legislative Council or the Legislative Assembly, as the case may be, after the annual report has been received by the Minister.

(5) If the Council fails to submit an annual report to the 10 Minister-

(a) if an extension has not been granted under subsection (7)-by 30 April in any year; or

(b) if such an extension has been granted-by the date to which the extension was granted- 15

the Minister must report or cause to be reported that failure and the reasons for the failure to each House of the Parliament.

(6) The Council may apply in writing to the Minister for an extension of the date by which an annual report is to be 20 submitted to the Minister.

(7) The Minister may in writing grant to the Council an extension to such date as the Minister determines.

(8) The Minister must advise or cause to be advised each House of the Parliament of each extension granted under 25 this section and the reasons for the extension.

(9) This section does not apply to the Council if, as a result of an order made under the Annual Reporting Act 1983, the Council is required to submit an annual report under that Act. 30

47. Audit

(1) The financial statements referred to in section 46 must be audited by the Auditor-General.

(2) The Auditor-General has, in respect of the audit of the financial statements, all the powers conferred on the 35

32


Auditor-General by any law relating to the audit of the public accounts.

(3) Without limiting the generality of sub-section (2), the Auditor-General and each officer of the Auditor-

5 General-(a) has right of access at all times to the books of the

University; and (b) may require from an officer or employee of the

University any information, assistance and 10 explanations necessary for the performance of the

duties of the Auditor-General in relation to the audit.

(4) The Council must pay to the Consolidated Fund an amount to be determined by the Auditor-General to

15 defray the costs and expenses of any audit by the AuditorGeneral.

PART 7-GENERAL

48. Visitor

(1) The Governor shall be the Visitor of the University.

20 (2) The Governor may do all things appertaining to the office of Visitor.

49. Elections

(1) Subject to this Act, elections for the purposes of this Act must be conducted in the prescribed manner.

25 (2) The Statutes may provide for the method of any election under this Act and for the determination of questions raised in relation to the conduct or result of any such election.

50. Fines and payment of compensation

30 (1) A fine imposed upon or compensation payable by a member of the staff of the University or a student under a Statute or regulation is a civil debt recoverable

33

s.48


summarily by the University in a court of competent jurisdiction.

(2) A certificate in writing signed by the Vice Chancellor or a person appointed by the Vice Chancellor for the purpose as to the amount of a fine imposed upon or 5 compensation payable by a member of the staff of the University or a student under a Statute or regulation and giving particulars of the date of, and reasons for the imposition or demand of, the fine or compensation, is evidence of the matters stated in the certificate. 10

PART 8-TRANSITIONAL PROVISIONS

51. Fint Chancellor

Subject to section 22 (2) and (3), the first Chancellor of the University shall be appointed by the Governor in Council on the nomination of the Minister after 15 consultation with the Swinburne council.

52. Transitional provisions for members of Council

(1) Section 7 (2) (c), (d) and (e) does not apply to the appointment or election of a person to the Council until 1 September 1992. 20

(2) Until section 7 (2) (c), (d) and (e) applies, the Council includes the persons who, immediately before the commencement of this section, were members of Swinbume council elected by the board of studies, academic board or staff of Swinburne Institute. 25

(3) Section 7 (2) (I) does not apply to the election of a person to the Council until 1 January 1993.

(4) Until section 7 (2) (I) applies, the Council includes the persons who, immediately before the commencement of this section, were members ofSwinburne council elected 30 by students ofSwinburne Institute.

(5) Section 14 applies to the filling of casual vacancies arising before section 7 (2) (c), (d), (e) or (/), as the case requires, applies.

34

Swinbume University of Technology

(6) Despite section 8 (1), a member of the Council appointed under section 7 (2)(h) or U) before 1 August 1992 may be appointed by a term that is less than 3 years but not less than one year.

5 53. Determining period of office of certain members

(1) This section applies to a member of the Council appointed under section 7 (2) (h) or U), who, immediately before the commencement of this section, was a member of the Swinburne council.

10 (2) For the purposes of determining, under section 7 (5), the period for which the member has been a member of the Council appointed under section 7 (2) (h) or U), the period of the member's last membership of the Swinburne council shall be included as part of the period

15 of consecutive membership.

54. Students of Swinburne Institute or Prahran College

(1) On and after the commencement of section 58, a person who is an enrolled student of Swinburne Institute or Prahran College is an enrolled student of the University.

20 (2) The Statutes or Regulations may authorise the Council, at the request of a person who is or has been an enrolled student of the University by virtue of sub-section (1), to confer on the student, subject to and in accordance with the Statutes and Regulations, a degree, diploma,

25 certificate or other award under a name that includes the title of the award and the words "Swinbume Institute of Technology", or "Prahran College of Technical and Further Education", as the case requires.

(3) The powers of the Council of the University extend to 30 the conferring of any degree, diploma, certificate or other

award on a person who is an enrolled student of the University by virtue of sub-section (1) that Swinburne Institute or Prahran College might have conferred on the person if this Act had not been enacted.

35 (4) A person who holds a degree, diploma, certificate or other award of Swinbume Institute or Prahran College

35

8.53


is entitled on and from the date of commencement of this section to the same benefits and privileges as are enjoyed by a person holding an award of the University, as if the award of the Institute or College were an award of the University. 5

55. l1Ulemnity o//ormer members 0/ council 0/ Swinbume comJHlllY or Prah,..n College

A person who, immediately before the appointed day, was a member of the Swinburne council or the council of Prahran College is entitled to be indemnified by the 10 University in respect of any personal liability arising out of the bona fide execution of the duties, powers, authorities and discretions conferred or imposed on him or her as a member of that council to the same extent and in the same circumstances as he or she was entitled 15 to be indemnified out of the assets of the Swinburne company or the College before the appointed day.

56. Cerlan courses 0/ study to be tIJIpro,ed

Until the transfer day within the meaning of section 60, Division 3 of Part 11 of the Post-Secondary Education 20 Act 1978 has effect in relation to the University as if "course of study" in that Division included post-graduate degrees undertaken at the University otherwise than by coursework.

PART9-MERGER

57. Uni,ersity to be succeJJor in law o/Swinbume Institute

Subject to this Act, on and from the appointed day(a) the University is the successor in law of the

Swinburne Institute; and

25

(b) any scholarship, prize or bursary of a continuing 30 nature administered by the Swinburne Institute or the Swinburne company and existing immediately before the appointed day shall be administered by the University, but otherwise in accordance with

36

5

10

15

20

25

30

35

Swinburne University olTechnology

the terms and conditions to which it was subject immediately before the appointed day; and

(c) all contracts, deeds, bonds, agreements, arrangements, guarantees and other instruments (except contracts, agreements or arrangements relating to the members of staff of the Swinburne Institute) made or entered into by, on behalf of, or in relation to the Swinburne Institute and in force immediately before the appointed day have effect as if made or entered into by, on behalf of, or in relation to, the University; and

(d) all actions, claims, arbitrations, applications and other proceedings (including proceedings on appeal or review) pending or existing immediately before the appointed day by, against, or in relation to the Swinburne Institute have effect as if they were actions, claims, arbitrations, applications and proceedings by, against, or in relation to the University, and may be continued and completed accordingly; and

(e) any permit, licence or authority of any kind whatsoever issued or granted to the Swinburne Institute or the Swinburne company by or under any Act continues to operate, despite anything in this Act, in favour of the University in the same way and to the same extent as it operated in favour of the Swinburne Institute or the Swinburne company; and

(I) unless the contrary intention appears, a reference to the Swinbume Institute or to the Swinburne council is deemed to be a reference to the University if the reference-(i) is in an Act, other than this Act, a subordinate

instrument within the meaning of the Interpretation of Legislation Act 1984, a judgment or order or any other document whatever; and

(ii) is in relation to a period occurring on or after the appointed day; and

37

s.57


(g) all records and documents of the Swinburne Institute become the property of the University.

58. Transfer of assets and liabilities of Prahran College

Subject to this Act, on and from the appointed day-(a) Prahran College and its council is dissolved and 5

the University is the successor in law of that College and its council;

(b) the assets and rights of Prahran College or its council vest in the University; and

(c) the liabilities and obligations ofPrahran College or 10 its council become liabilities or obligations of the University; and

(d) any scholarship, prize or bursary of a continuing nature administered by Prahran College or its council and existing immediately before the 15 appointed day shall be administered by the University as if it were a scholarship, prize or bursary of the University, but otherwise in accordance with the terms and conditions to which it was subject immediately before the appointed 20 day; and

(e) all contracts, deeds, bonds, agreements, arrangements, guarantees and other instruments (except contracts, agreements or arrangements relating to the members of staff of Prahran College) 25 made or entered into by, on behalf of, or in relation to Prahran College or its council and in force immediately before the appointed day have effect as if made or entered into by, on behalf of, or in relation to the University; and 30

(/) all actions, claims, arbitrations and other proceedings (including proceedings on appeal or review) pending or existing immediately before the appointed day by, against, or in relation to Prahran College or its council have effect as if they were 35 proceedings by, against or in relation to the University, and may be continued and completed accordingly; and

38


(g) any permit, licence or authority of any kind whatsoever issued or granted to Prahran College by or under any Act continues to operate, despite anything in this Act, in favour of the University in

5 the same way and to the same extent as it operated in favour of Prahran College; and

(h) unless the contrary intention appears, a reference to-(i) the Prahran College; or

10 (ii) the council of the Prahran College; or (iii) the academic board of the Prahran College-

is deemed to be a reference to the University if the reference-

(iv) is in an Act other than this Act, a subordinate IS instrument within the meaning of the

Interpretation of Legislation Act 1984, a judgment or order, or, any document whatever; and

(v) in relation to a period occurring on or after the 20 appointed day; and

(i) all records and documents ofPrahran College or its Council become the property of the University.

59. Gifts, trusts etc.

If-25 (a) before or after the appointed day-

(i) a gift, disposition or trust of property is made or declared or is deemed to have been made or declared; or

(ii) a trust fund is created-

30 (whether by deed, will or otherwise) to, in favour of, for the use of, or for the purposes of, Swinburne Institute, the Swinburne company or Prahran College; and

(b) the gift, trust disposition, or trust fund takes effect, or may take effect, or the trust fund may be applied,

35 on or after the appointed day-

the gift, disposition trust or trust fund does not fail only

39

s.59

8.60 Swinburne University o/Technology

because of the provisions of this Act, but, in relation to any matter occurring on or after the appointed day-

(c) in the case of a gift, disposition or trust of property, takes effect as if made or declared to or in favour of the University for a purpose of the University S that corresponds with, or is similar to, those purposes of the Institute, College or company for which it was made or declared; or

(d) in the case of a trust fund, may be applied as if created in favour of the University for a purpose of 10 the University that corresponds with, or is similar to, those purposes of the Institute, College or company for which the fund was created.

60. Certai" lIUId to 'lest i" the U"i,ersity

(1) In this section, "transfer day" means the earlier of- 1 S (a) 30 June 1994 or, if the Governor in Council, by

Order published in the Government Gazette declares a later date for the purposes of this section, that date; and

(b) if the Minister, by order published in the 20 Government Gazette, declares an earlier day to be the transfer day, that day.

(2) Subject to this section, on the transfer day, the land described in Parts 1 and 2 of the Schedule (together with any appurtenant rights) vests, by force of this section, in 2S fee simple in the University subject to the conditions, covenants, easements, leases, encumbrances, limitations, exceptions, reservations and restrictions to which the land was subject immediately before its vesting under this section. 30

(3) Folios of the Register Volume 3799 Folio 703, volume 6862 Folio 273, and Volume 6862 Folio 274 and any Crown grant from which they are derived have effect on and from the transfer day as if they did not include-

(a) any reservations, conditions, provisions, 3S declarations or restrictions which, by virtue of the Crown Grants (Removal of Conditions) Act 1972, are void; and

40

Swinbume University a/Technology

(b) any reference to any of those reservations, conditions, provisions, declarations or restrictions.

(4) On the transfer day the land in Folios of the Register Volume 6862 Folio 273 and Volume 6862 Folio 274 is

5 subject, by force of this section, to a reservation to the Minister administering the Post-Secondary Eduction Act 1978 of a right to use, or permit the use, for the purposes of technical and further education of any parts of that land that the Minister from time to time declares, by

10 notice published in the Government Gazette, are required for those purposes.

(5) No compensation is payable by the Crown or the University in respect of anything done under or arising out of this section.

15 61. Amendment 0/ Register etc.

(1) The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument, must make any amendments in the Register under the Transfer of Land Act 1958 that are necessary

20 because of the operation of section 60.

(2) The Registrar-General must make any entries on the records of enrolment of any Crown grant and on any memorial relating to land that are necessary because of the operation of section 60.

25 62. Staff of Swinbume Institute and Prahran College

(1) On the appointed day, the members of staff of Swinburne Institute and Prahran College cease to be such members and become members of the staff of the University.

(2) A person who becomes a member of staff of the 30 University under sub-section (1)-

(a) is entitled to a salary no less than the person was receiving or was entitled to receive immediately before the transfer, and on terms and conditions no less favourable than those of the person's

35 appointment in Swinburne Institute or Prahran College; and

41

s.61


(b) continues to have the benefit of all entitlements accrued in respect of the person's appointment in Swinburne Institute or Prahran College before the transfer.

(3) A person transferred under sub-section (1) who, 5 immediately before the transfer was an officer within the meaning of the State Superannuation Act 1988, continues subject to that Act to be an officer within the meaning of that Act, while he or she continues as a member of staff of the University. 10

63. Regulations of Swinbume Institute and Prahran College

(1) The regulations of Swinburne Institute and Prahran College in force immediately before the commencement of this section, to the extent to which they could be made as Statutes under this Act and are not inconsistent with 15 any Statutes or regulations so made continue to have effect-

(a) as if made as regulations under a Statute of the University; and

(b) as if a reference to the Institute or College as a 20 campus were a reference to the campus; and

(c) as if any other reference to the Institute or College were a reference to the University.

(2) Regulations continued in force under sub-section (1) may be amended or revoked as if they were regulations under 25 this Act and as if this section were the Statute under which they were made.

64. Powers ofSwinbume Institute and Prahran College

Despite anything to the contrary in the constitution or Memorandum and Articles of Association of the 30 Swinburne company or Prahran College or its council, the company, College or council shall be deemed to have, and always to have had, power to do all things it is authorised or empowered to do under or for the purposes of this Act or necessary to be done for the purpose of 35 establishing the University in accordance with this Act.

42


65. Organisations related to Swinburne Institute or Prahran College

On and after the appointed day, a reference to Swinburne Institute or Prahran College (by whatever name) in the

5 constitution or rules of a student representative council or student union, whether incorporate or unincorporate, related to Swinburne Institute or Prahran College, has effect as a reference to the University and, in so far as applicable continues to apply to that part of the

10 University carried on on the campus of the Institute or College.

66. Revocation 0/ Order in Council

The Order in Council made on 25 January 1984 constituting the Council of The Prahran College of

15 Technical and Further Education and published in the Government Gazette on 1 February 1984 is revoked.

67. Supreme Court-limitation of jurisdiction

It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary

20 to prevent the Supreme Court awarding compensation in respect of anything done under or arising out of section 60.

25

30

PART lO-CONSEQUENTIAL AMENDMENTS

68. Post-Secondary Education Act 1978

(1) In the Post-Secondary Education Act 1978-(a) in section 2, at the end of the definition of "technical

and further education college" insert "and Swinburne University of Technology".

(b) at the end of section 63 insert "or of Swinburne University of Technology";

(c) at the end of Schedule 1 insert-

"Swinburne University of Technology"

43

s.65

No. 9145/1974-Reprinted too No.91/1990 andS.R.No. 420/1990 and subsequently amendeclby 33/1991, 41/1991, 89/1991, 91/1991.

s. 69 Swinburne University olTechnology

No.45/181O 69. Yocatiolllll Educatioll alld Traillillg Act 1990 •• IlllWldecI brNoa 21/1t1O, In the Vocational Education and Training Act 1990-.1/11111.

(a) in section 20 (1), after "Technology," insert "or of Swinburne University of Technology,";

(b) after section 20 (2), insert- 5

"(2A) The Minister may by instrument in writing delegate to the Council of Swinburne University of Technology or to a person employed at that university all or any of the Minister's powers or functions under this Act 10 except any powers or functions under sections 5 (1), 6,12 (1) (b), 13 and 28."

(c) after section 20 (3) insert-

"(3A) The General Manager may, by instrument in writing, delegate to the Council of Swinburne 15 University of Technology or to a person employed at that university any of the General Manager's powers under this Act or Part III of the Post-Secondary Education Act 1978 or section 13 of the Teaching Service Act 1981.". 20

(d) after section 23 (1) (c) insert-

"(ca) if the Council ofSwinburne University of Technology approves, merge a TAPE college with the University; or";

(e) in section 37 (1), paragraph (b) is repealed; 25

(I) in the Schedule-

(i) omit "Prahran College of Technical and Further Education";

(ii) omit "Swinburne Limited".

44

5

Swinbume University of Technology

70. Admi,.ist'lIti,~ Law Act 1978

In section 14 (4) of the Administrative Law Act 1978-(a) in the definition of "University", before paragraph

(d) insert-"(cb) Swinbume University of Technology;";

(b) in the definition of "visitor", after "Melbourne University Act 1958" insert "or the Swinburne University of Technology Act 1992".

45

s.70

Sch. Swinburne University of Technology

SCHEDULE

Land which vests in the University

PART I-LAND UNDER THE TRANSFER OF LAND ACT 1958

Description from the Registrar

Volume

363 523

1461 1606 1671 1829 2385 2438 2498 2960 2977 3361 3576 3799 3855 3952 4014 4031 4107 4135 4169 4170 4246 4294 4444 4444 4446 4503 4653 4781 4930 5342 5725 5859 6030 6098 6185

46

Folio

419 528 190 099 016 732 999 438 513 861 324 175 150 703 000 338 732 074 212 826 640 999 102 661 687 688 146 468 501 063 866 296 993 705 957 420 897

Swinburne University a/Technology

Volume 6289 6310 6381 6754 6800 7034 7461 8037 8041 8055 8073 8073 8082 8082 8094 8120 8126 8134 8163 8163 8163 8163 8170 8177 8197 8183 8188 8210 8210 8313 8317 8320 8325 8423 8488 8511 9073 9621 9798

Folio 709 967 108 691 826 622 074 983 853 053 239 441 945 947 920 217 549 918 642 643 644 645 472 498 885 783 616 923 924 684 120 623 878 160 798 515 553 305 873

PART 2-LAND REGISTERED UNDER THE PROPERTY LAW ACf1958

Book 854

Number 655

By Authority l. v. North, Government Printer Melbourne

47

Sch.

swinburne university of technology bill · swinburne university of technology bill no. clause 1....

Documents