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[BIL116-A.HAA]
House of Assembly No 129
[As
laid on the table and read a first time,
South Australia
[Prepared by the Parliamentary Counsel]
UNIVERSITY OF ADELAIDE (MISCELLANEOUS) AMENDMENT BILL 2003
A Bill For
An Act to amend the University of Adelaide Act 1971.
[OPC-97]
Contents
Part 1—Preliminary
1.Short title
2.Commencement
3.Amendment provisions
Part 2—Amendment of University of Adelaide Act 1971
4.Amendment of section 3—Interpretation
5.Amendment of section 4—Continuance and powers of University
6.Repeal of section 5
7.Insertion of sections 5A and 5B
5A.Declaration of logo and official titles
5B.Protection of proprietary interests of University
8.Amendment of section 6—Power to confer awards
9.Amendment of section 7—Chancellor and Deputy Chancellors
10.Amendment of section 8
11.Amendment of section 9—Council to be governing body of University
12.Amendment of section 10
10.Delegation
13.Amendment of section 11—Conduct of business of the Council
14.Amendment of section 12—Constitution of Council
15.Amendment of section 13—Casual vacancies
16.Amendment of section 14—Saving clause
17.Insertion of sections 15 to 17B
15.Duty of Council members to exercise care and diligence
16.Duty of Council members to act honestly
17.Duty of Council members with respect to conflict of interest
17A.Removal of Council members for contravention of section 15, 16 or 17
17B.Civil liability for contravention of section 16 or 17
18.Repeal of sections 18 and 19
19.Amendment of section 21—The Adelaide University Union
20.Amendment of section 22—Statutes and rules
21.Amendment of section 23—By-laws
22.Amendment of section 24—Proceedings
23.Amendment of section 25—Report
Schedule—Transitional Provisions
The Parliament of
Part 1—Preliminary
Short title
1. This Act may be cited as the
Commencement
2. This Act will come into operation on a day to be fixed by proclamation.
Amendment provisions
3. In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.
Part 2—Amendment of
Amendment of section 3—Interpretation
4. (1) Section 3—before the definition of "academic staff" insert:
"Academic Board" means—
(a)the board established by the Council under that title; or
(b)if another body is prescribed by the statutes of the University for the purposes of this definition—that other body;
(2)Section 3, definition of "graduate"—delete the definition and substitute:
"graduate" means a person on whom the University has conferred an academic award, including an honorary award and an award conferred jointly with another university;
(3)Section 3—after the definition of "graduate" insert:
"Graduate Association" means the graduate association prescribed by the statutes or rules of the University for the purposes of this definition;
"logo" means a design (the copyright of which is vested in the University) declared under this Act to be a logo;
"official insignia" means a logo, an official symbol or an official title;
"official symbol" means a combination of a logo and an official title;
"official title" means a name or title declared under this Act to be an official title;
(4)Section 3, definition of "postgraduate degree or diploma"—delete the definition
(5)Section 3, definition of "postgraduate student"—delete the definition and substitute:
"postgraduate student" means a student enrolled at the University in an academic program designated by the statutes or rules to be a postgraduate program;
(6)Section 3, definition of "the Senate"—delete the definition
(7)Section 3—after the definition of "the Senate" insert:
"staff member" means a member of the academic staff or a member of the general staff;
"student" means an undergraduate student or a postgraduate student;
(8)Section 3, definition of "undergraduate of the University"—delete the definition and substitute:
"undergraduate student" means a student enrolled at the University in an academic program designated by the statutes or rules to be an undergraduate program;
(9)Section 3, definition of "University grounds"—delete the definition and substitute:
"University grounds" means all land owned or occupied by the University or of which the University has the care, control and management.
Amendment of section 4—Continuance and powers of University
5. Section 4(2) and (3)—delete subsections (2) and (3) and substitute:
(2) The University consists of the Council, members of the academic staff, members of the general staff, graduates and students.
(3) Subject to subsection (5), the University is a body corporate invested with full juristic capacity and unfettered discretion, subject to the laws of this State, to conduct its affairs in the manner it thinks fit.
(4) The University may exercise its powers within or
outside the State (including outside
(5) The University must not alienate (except by way of lease for a term not exceeding 21 years), mortgage or charge land vested in or conveyed to the University under—
(a)section
16 of The
(b)the University Site Act 1876;
(c)the
(d)section
6 of the Statutes Amendment and Repeal (Merger of Tertiary Institutions) Act
1990 to the extent that it applies to land vested in the
(e)section 26 of the Statutes Amendment and Repeal (Merger of Tertiary Institutions) Act 1990;
(f)the Waite Trust,
except with, and in accordance with any terms or conditions of, an approval given by the Governor.
(6) The University is not an instrumentality or agency of the Crown.
Repeal of section 5
6. Section 5—delete the section
Insertion of sections 5A and 5B
7. After section 5 insert:
Declaration of logo and official titles
5A. (1) The Minister may, by notice in the Gazette, declare a design to be a logo in respect of the University.
(2) The University of
Protection of proprietary interests of University
5B. (1) The University has a proprietary interest in all official insignia.
(2) A person must not, without the consent of the University, in the course of a trade or business—
(a)use a name in which the University has a proprietary interest under this section for the purpose of promoting the sale of services or the provision of any benefits; or
(b)sell goods marked with official insignia; or
(c)use official insignia for the purpose of promoting the sale of goods or services.
Maximum penalty:$20 000.
(3) A person must not, without the consent of the University, assume a name or description that consists of, or includes, official insignia.
Maximum penalty:$20 000.
(4) A consent under this section—
(a)may be given with or without conditions (including conditions requiring payment to the University); and
(b)must be given in writing addressed to the applicant for the consent; and
(c)may be revoked by the University for a breach of a condition by notice in writing given personally or by post to a person who has the benefit of the consent.
(5) The Supreme Court may, on the application of the University, grant an injunction to restrain a breach of this section.
(6) The court by which a person is convicted of an offence against this section may, on the application of the University, order the convicted person to pay compensation of an amount fixed by the court to the University.
(7) Subsections (5) and (6) do not derogate from any civil remedy that may be available to the University apart from those subsections.
Amendment of section 6—Power to confer awards
8. (1) Section 6(1)—delete ", regulations"
(2)Section 6—after subsection (1) insert:
(1a) The power of the University to confer academic awards under subsection (1) includes the power to confer academic awards jointly with any other University.
(3)Section 6(2)—delete ", regulations"
(4)Section 6(2a)—delete subsection (2a) and substitute:
(2a) The University has power, in accordance with the statutes and rules of the University, to confer an honorary award on a person who the University thinks merits special recognition by the University.
Amendment of section 7—Chancellor and Deputy Chancellors
9. (1) Section 7(2)—delete "four" and substitute:
two
(2)Section 7(5)—delete "such number of Deputy Chancellors as it thinks fit who will hold office for such terms and upon such conditions as may be determined" and substitute:
(not being members of the Council ex officio, staff members and students of the University) a Deputy Chancellor who will hold office for a term of two years on conditions fixed
(3)Section 7(6)—delete subsection (6)
Amendment of section 8
10. Section 8—after subsection (1) insert:
(2) The Vice-Chancellor is the principal academic and chief executive officer of the University and is responsible to the Council for the academic standards, management and administration of the University.
Amendment of section 9—Council to be governing body of University
11. Section 9—after its present contents (now to be designated as subsection (1)) insert:
(2) The Council must in all matters endeavour to advance the interests of the University.
Amendment of section 10
12. Section 10—delete the section and substitute:
Delegation
10. (1) The Council may delegate any of its powers or functions—
(a)to a member of the Council; or
(b)to an employee of the University; or
(c)to the holder of a particular office or position in the University; or
(d)to any committee of the Council or the University.
(2) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.
(3) A delegation under this section—
(a)must be by instrument in writing; and
(b)may be absolute or conditional; and
(c)does not derogate from the power of the delegator to act in any matter; and
(d)is revocable at will by the delegator.
Amendment of section 11—Conduct of business of the Council
13. (1) Section 11(4)(b)—delete "most senior of the Deputy Chancellors present at the meeting" and substitute:
Deputy Chancellor
(2)Section 11(4)(c)—delete "Chancellors" and substitute:
Chancellor
Amendment of section 12—Constitution of Council
14. (1) Section 12(1)—after paragraph (a) insert:
(aa)the presiding member of the Academic Board who will be a member of the Council ex officio or, if the Vice-Chancellor is the presiding member of the Academic Board, a member of the Academic Board elected by the Academic Board (but that person cannot be a person appointed or elected to the Academic Board as a student of the University);
(ab)the presiding member of the Students Association of the University of Adelaide Incorporated who will be a member of the Council ex officio;
(ac)the presiding member of the Graduate Association who will be a member of the Council ex officio;
(2)Section 12(1)(c)—delete paragraph (c)
(3)Section 12(1)(e)—delete "three" and substitute:
two
(4)Section 12(1)(g)—delete "three" and substitute:
two
(5)Section 12(1)—after paragraph (g) insert:
(h)two graduates (neither of whom may be a current staff member nor student of the University), elected by graduates in a manner determined by the Council after consultation with the presiding member of the Graduate Association.
(6)Section 12(5)—delete subsection (5)
(7)Section 12(7)—delete "two academic terms" and substitute:
semester
(8)Section 12(8)—delete "two or four" and substitute:
between two and four
(9)Section 12(9)—delete subsection (9)
Amendment of section 13—Casual vacancies
15. Section 13—after subsection (3) insert:
(3a) If a member of the Council elected under section 12(1)(h) becomes a staff member or student of the University during his or her term of office, a casual vacancy occurs in the office held by that member.
Amendment of section 14—Saving clause
16. Section 14—after "Council" second occurring insert:
, or any defect in the appointment or election of a person to the Council
Insertion of sections 15 to 17B
17. After section 14 insert:
Duty of Council members to exercise care and diligence
15. (1) A member of the Council must at all times exercise a reasonable degree of care and diligence in the performance of his or her functions.
(2) If a member of the Council is culpably negligent in the performance of his or her functions, the member is guilty of an offence.
Maximum penalty:$20 000.
(3) A member of the Council is not culpably negligent for the purposes of subsection (2) unless the court is satisfied the member's conduct fell sufficiently short of the standards required of the member to warrant the imposition of a criminal sanction.
Duty of Council members to act honestly
16. (1) A member of the Council must at all times act honestly in the performance of the functions of his or her office, whether within or outside the State.
Maximum penalty:$20 000 or imprisonment for 4 years.
(2) Subsection (1) does not apply to conduct that is merely of a trivial character and does not result in significant detriment to the interest of the University.
Duty of Council members with respect to conflict of interest
17. (1) A member of the Council who has a direct or indirect personal or pecuniary interest in a matter decided or under consideration by the Council—
(a)must, as soon as is reasonably practicable, disclose in writing to the Council full and accurate details of the interest; and
(b)must not take part in any discussion by the Council relating to that matter; and
(c)must not vote in relation to that matter; and
(d)must be absent from the meeting room when any such discussion or voting is taking place.
Maximum penalty:$20 000.
(2) A member of the Council will not be taken to have a direct or indirect interest in a matter for the purposes of this section by reason only of the fact that the member has an interest in the matter that is shared in common with a substantial section of the public, or with staff members or students of the University generally, or with a substantial number of staff members or students of the University.
(3) If a member of the Council makes a disclosure of interest and complies with the other requirements of subsection (1) in respect of a proposed contract—
(a)the contract is not liable to be avoided by the University; and
(b)the member of the Council is not liable to account to the University for profits derived from the contract.
(4) If a member of the Council fails to make a disclosure of interest or fails to comply with any other requirement of subsection (1) in respect of a proposed contract, the contract is liable to be avoided by the University.
(5) A contract may not be avoided under subsection (3) if a person has acquired an interest in property the subject of the contract in good faith for valuable consideration and without notice of the contravention.
(6) If a member of the Council has or acquires a personal or pecuniary interest, or is or becomes the holder of an office, such that it is reasonably foreseeable that a conflict might arise with his or her duties as a member of the Council, the member must, as soon as is reasonably practicable, disclose in writing to the Council full and accurate details of the interest or office.
Maximum penalty:$20 000.
(7) A disclosure under this section must be recorded in the minutes of the Council.
(8) Without limiting the effect of this section, a member of the Council will be taken to have an interest in a matter for the purposes of this section if an associate of the member has an interest in the matter.
(9) This section does not apply in relation to a matter in which a member of the Council has an interest while the member remains unaware that he or she has an interest in the matter, but in any proceedings against the member the burden will lie on the member to prove that he or she was not, at the material time, aware of his or her interest.
(10) —
(a)In this section—
"beneficiary" includes a person who is an object of a discretionary trust;
"relative" of a person means the spouse, parent or remoter linear ancestor, son, daughter or remoter issue or brother or sister of the person;
"spouse" includes a putative spouse (whether or not a declaration of the relationship has been made under the Family Relationships Act 1975);
(b)For the purposes of this section, a person is an associate of another person if—
(i)the other person is a relative of the person or of the person's spouse; or
(ii)the other person—
(A)is a body corporate; and
(B)the person or a relative of the person or of the person's spouse has, or two or more such persons together have, a relevant interest or relevant interests in shares in the body corporate the nominal value of which is not less than 10 per cent of the nominal value of the issued share capital of the body corporate; or
(iii)the other person is a trustee of a trust of which the person, a relative of the person or of the person's spouse or a body corporate referred to in subparagraph (ii) is a beneficiary; or
(iv)the person is declared by the regulations to be an associate of the other person.
Removal of Council members for contravention of section 15, 16 or 17
17A. Non-compliance by a member of the Council with a duty imposed under section 15, 16 or 17 constitutes a ground for removal of the member from office.
Civil liability for contravention of section 16 or 17
17B. (1) If a member of the Council or former member of the Council is convicted of an offence for a contravention of section 16 or 17, the court by which the person is convicted may, in addition to imposing a penalty, order the convicted person to pay to the University—
(a)if the court is satisfied that the person or any other person made a profit as a result of the contravention—an amount equal to the profit; and
(b)if the court is satisfied that the University suffered loss or damage as a result of the contravention—compensation for the loss or damage.
(2) If a person who is a member of the Council or a former member of the Council is guilty of a contravention of section 16 or 17, the University may (whether or not proceedings have been brought for the offence) recover from the person by action in a court of competent jurisdiction—
(a)if the person or any other person made a profit as a result of the contravention—an amount equal to the profit; and
(b)if the University suffered loss or damage as a result of the contravention—compensation for the loss or damage.
Repeal of sections 18 and 19
18. Sections 18 and 19—delete the sections
Amendment of section 21—The Adelaide University Union
19. Section 21—after subsection (3) insert:
(4) The union must, not later than 1 June in each year, provide the Council with—
(a)the financial statements of the union for the previous calendar year, audited in a manner approved by the Council; and
(b)the proposed fee (including entrance fee and annual fee) for union membership for the following calendar year.
(5) The union must, not later than 30 August in each year, provide the Council with a financial report in a form determined by the Council for the 6 months ending 30 June of that year.
(6) The union must, not later than 1 December in each year, provide the Council with the budget for income and expenditure of the union in a form determined by the Council for the following calendar year (including proposed allocations to bodies affiliated with the union).
(7) The union must not set membership fees except with the approval of the Council.
Amendment of section 22—Statutes and rules
20. (1) Section 22(1)-delete ", alter or repeal any statute, regulation or rule" and substitute:
statutes or rules
(2)Section 22(1)(g)—delete "or the Senate"
(3)Section 22(1)—after paragraph (h) insert:
(ha)constituting and regulating the Academic Board and other boards of the University; and
(4)Section 22(1)(ia)—delete "degree of Doctor of the University" and substitute:
award
(5)Section 22(1)(k)—after "student" insert:
or staff member
(6)Section 22(1)(k)—delete "regulations, "
(7)Section 22(1)—after paragraph (k) insert:
(ka)providing that an offence under a specified statute, rule or by‑law of the University be tried by a tribunal established by statute or rule of the University;
(8)Section 22(2) to (3) (inclusive)—delete subsections (2) to (3) (inclusive) and substitute:
(2) The Council may—
(a)by statute, vary or revoke a statute; or
(b)by rule, vary or revoke a rule.
(3) A statute does not come into operation until confirmed by the Governor.
(9)Section 22(4)—delete ", regulation"
Amendment of section 23—By-laws
21. (1) Section 23(1)(a)—after "grounds" insert:
and to empower any person authorised in writing by the Council to remove any person found trespassing
(2)Section 23(1)(i)—after "grounds" insert:
and to empower any person authorised in writing by the Council to direct traffic
(3)Section 23—after subsection (3) insert:
(3a) A by-law must be sealed with the seal of the University and transmitted to the Governor for confirmation.
(4)Section 23—after subsection (4) insert:
(5) For the avoidance of doubt, section 10 of the Subordinate Legislation Act 1978 applies to a by-law made under this section.
Amendment of section 24—Proceedings
22. Section 24(2)—after "student" insert:
or staff member
Amendment of section 25—Report
23. Section 25(3)—delete "or regulation"
Schedule—Transitional Provisions
1. On the commencement of section 14(2) of this Act (which must coincide with the commencement of section 14(5) of this Act), each member of the Council elected under section 12(1)(c) of the principal Act (or, if a person has been appointed to fill a casual vacancy under clause 2 of this Schedule—that person) will vacate his or her office, and 2 graduates elected under section 12(1)(h) of the principal Act will assume office.
2. If a casual vacancy occurs in the office of a member elected under section 12(1)(c) of the principal Act or in the office of a member appointed under this clause, the Council must appoint a graduate nominated by the presiding member of the Graduate Association to fill that casual vacancy.
3. On the commencement of section 14(3) of this Act, the member of the Council who was elected under section 12(1)(e) of the principal Act with the least number of votes at the most recent election will vacate his or her office.
4. On the commencement of section 14(4) of this Act, the member of the Council who was elected under section 12(1)(g) of the principal Act at the most recent election while an undergraduate student and, of the undergraduate students elected under that provision, with the least number of votes will vacate his or her office.
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