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This is a Bill, not an Act. For current law, see the Acts databases.


UNIVERSITIES LEGISLATION AMENDMENT BILL 2005

                       Western Australia


Universities Legislation Amendment Bill 2005

                          CONTENTS


      Part 1 -- Preliminary
1.    Short title                           2
2.    Commencement                          2
      Part 2 -- Curtin University of
           Technology Act 1966
3.    The Act amended                       3
4.    Section 9 amended                     3
5.    Transitional provision                4
6.    Section 9A amended                    5
7.    Section 9B inserted                   5
8.    Section 10 amended                    5
9.    Section 10AA inserted                 6
10.   Section 12 replaced                   8
11.   Section 21AA inserted                 8
12.   Schedule 1A inserted                  9
      Part 3 -- Edith Cowan University
           Act 1984
13.   The Act amended                      12
14.   Section 5 amended                    12
15.   Section 9 amended                    12
16.   Transitional provision               14
17.   Section 10 amended                   14
18.   Section 10A inserted                 15
19.   Section 11 amended                   15
20.   Section 11A inserted                 15
21.   Section 13 replaced                  17
22.   Section 17A inserted                 17


                               044--1       page i
Universities Legislation Amendment Bill 2005



Contents



   23.     Schedule 1 inserted                                     18
           Part 4 -- Murdoch University Act 1973
   24.     The Act amended                                         21
   25.     Section 12 amended                                      21
   26.     Transitional provisions                                 22
   27.     Section 14A inserted                                    24
   28.     Section 15 amended                                      24
   29.     Section 15A inserted                                    25
   30.     Sections 17A and 17B inserted                           27
   31.     Schedule 1 inserted                                     28
           Part 5 -- University of Notre Dame
                Australia Act 1989
   32.     The Act amended                                         31
   33.     Section 3 amended                                       31
   34.     Section 5 replaced                                      32
   35.     Part 3 heading replaced                                 32
   36.     Section 7 replaced                                      32
   37.     Section 8 replaced                                      33
   38.     Section 9 repealed                                      33
   39.     Section 10 amended                                      33
   40.     Section 11 amended                                      34
   41.     Section 12 amended                                      34
   42.     Section 14 amended                                      34
   43.     Section 15 replaced by sections 15, 15A, 15B and 15C    35
   44.     Section 16 replaced                                     38
   45.     Section 17 amended                                      38
   46.     Section 18 amended                                      39
   47.     Section 19 replaced                                     39
   48.     Various references to "Board" amended                   40
   49.     Section 30 replaced                                     40
   50.     Transitional provisions                                 41
           Part 6 -- University of Western Australia
                Act 1911
   51.     The Act amended                                         44
   52.     Sections 8, 10, 10A and 10B replaced by sections 8, 9
           and 10                                                  44
   53.     Transitional provisions                                 47


page ii
                       Universities Legislation Amendment Bill 2005



                                                          Contents



54.   Section 11 amended                                     48
55.   Section 11A inserted                                   48
56.   Section 12 amended                                     50
57.   Section 12A amended                                    51
58.   Section 16EA inserted                                  51
59.   Section 21 amended                                     52
60.   Section 23 amended                                     52
61.   Section 24A inserted                                   52
62.   Schedule 1 inserted                                    53




                                                            page iii
                           Western Australia


                      LEGISLATIVE COUNCIL



  Universities Legislation Amendment Bill 2005


                               A Bill for


An Act to amend --
•  the Curtin University of Technology Act 1966;
•  the Edith Cowan University Act 1984;
•  the Murdoch University Act 1973;
•  the University of Notre Dame Australia Act 1989;
•  the University of Western Australia Act 1911.




The Parliament of Western Australia enacts as follows:




                                                         page 1
    Universities Legislation Amendment Bill 2005
    Part 1          Preliminary

    s. 1



                           Part 1 -- Preliminary
    1.       Short title
             This is the Universities Legislation Amendment Act 2005.

    2.       Commencement
5            This Act comes into operation on a day fixed by proclamation.




    page 2
                                         Universities Legislation Amendment Bill 2005
                                Curtin University of Technology Act 1966       Part 2

                                                                                      s. 3



          Part 2 -- Curtin University of Technology Act 1966
     3.         The Act amended
                The amendments in this Part are to the Curtin University of
                Technology Act 1966*.
 5              [* Reprinted as at 28 July 1999.
                   For subsequent amendments see Western Australian
                   Legislation Information Tables for 2004, Table 1, p. 115.]

     4.         Section 9 amended
          (1)   Section 9(1)(ga) is deleted and the following paragraph is
10              inserted instead --
                     "
                         (ga)     2 persons elected by and from the students in
                                  the manner prescribed by Statute;
                                                                                       ".
15        (2)   Section 9(1)(ia), (j) and (k) and "and" after paragraph (j) are
                deleted and the following is inserted instead --
                     "
                          (j)     up to 3 persons appointed by the Council from
                                  persons --
20                                  (i) who are members of bodies that
                                          represent the interests of the University
                                          in places other than the University's
                                          principal campus; and
                                   (ii) who are not staff or students of the
25                                        University;
                                  and




                                                                                page 3
     Universities Legislation Amendment Bill 2005
     Part 2          Curtin University of Technology Act 1966

     s. 5



                           (k)   one member of the Academic Board of the
                                 University established by Statute, elected by
                                 and from the Academic Board.
                                                                                      ".
 5        (3)       After section 9(1) the following subsections are inserted --
                "
                    (2)   Of the members --
                           (a) at least 2 must have financial expertise (as
                                 demonstrated by relevant qualifications and by
10                               experience in financial management at a senior
                                 level in the public or private sector); and
                           (b) at least one must have commercial expertise (as
                                 demonstrated by relevant experience at a senior
                                 level in the public or private sector),
15                        and the member mentioned in paragraph (b) may also
                          be one of the members mentioned in paragraph (a).
                    (3)   The majority of members of the Council must be
                          persons who are not members of the staff or students of
                          the University.
20                                                                                    ".

     5.             Transitional provision
          (1)       In this section --
                    "commencement day" means the day on which the
                         Universities Legislation Amendment Act 2005 comes into
25                       operation;
                    "deleted section 9(1)(ia), (j) or (k)" means the Curtin
                         University of Technology Act 1966 section 9(1)(ia), (j) or
                         (k) as those provisions were in effect immediately before
                         commencement day;
30                  "member" means a member of the Council of the Curtin
                         University of Technology.



     page 4
                                        Universities Legislation Amendment Bill 2005
                               Curtin University of Technology Act 1966       Part 2

                                                                                s. 6



          (2)   The persons who, immediately before commencement day, were
                members under deleted section 9(1)(ia), (j) or (k) cease to be
                members on commencement day.

     6.         Section 9A amended
 5              Section 9A(2) is amended by deleting "branch of which he is
                chairman of the Board or by the Board of which he is nominated
                ceases to exist as a branch." and inserting instead --
                "
                     member was appointed from the members of a body
10                   which has ceased to exist.
                                                                                  ".

     7.         Section 9B inserted
                After section 9A the following section is inserted --
     "
15          9B.      Members' duties
                     Schedule 1A Division 1 has effect.
                                                                                  ".

     8.         Section 10 amended
                After section 10(e) the following paragraphs are inserted --
20                  "
                        (ea)     is removed from office by the Council under
                                 section 10AA;
                        (eb)     is, or becomes, disqualified from managing
                                 corporations under Part 2D.6 of the
25                               Corporations Act 2001 of the Commonwealth;
                                                                                  ".




                                                                             page 5
     Universities Legislation Amendment Bill 2005
     Part 2          Curtin University of Technology Act 1966

     s. 9



     9.       Section 10AA inserted
              After section 10 the following section is inserted --
     "
            10AA. Removal of members for breach of certain duties
 5                and suspension pending removal
              (1)   The Council may --
                     (a) remove from office a member for breach of a
                          duty mentioned in Schedule 1A clause 1(1),
                          2(1) or 3;
10                   (b) suspend from office a member who is alleged
                          to have breached a duty mentioned in
                          Schedule 1A clause 1(1), 2(1) or 3 until the
                          motion for removal is put to the vote.
              (2)   The removal or suspension from office may be effected
15                  only at a meeting of the Council of which notice
                    (including notice of the motion that the member
                    concerned be removed or suspended from office for
                    breach of duty) was duly given.
              (3)   Despite section 13(1), the removal or suspension of a
20                  member from office may be effected only if the motion
                    for removal or suspension is supported by a majority
                    comprising enough of the members for the time being
                    for their number to be at least 2/3 of the total number
                    of offices (whether vacant or not) of member.
25            (4)   The motion for removal or suspension must not be put
                    to the vote of the meeting unless the member
                    concerned has been given a reasonable opportunity to
                    reply to the motion at the meeting, either orally or in
                    writing.
30            (5)   If the member to whom the motion for removal or
                    suspension refers does not attend the meeting, a
                    reasonable opportunity to reply to the motion is to be


     page 6
                          Universities Legislation Amendment Bill 2005
                 Curtin University of Technology Act 1966       Part 2

                                                                       s. 9



            taken to have been given if notice of the meeting has
            been duly given.
      (6)   The Council cannot remove or suspend from office a
            member for breach of a duty mentioned in Schedule 1A
 5          clause 1(1), 2(1) or 3 except in accordance with this
            section.
      (7)   A person must not vote on any question relating to the
            person's removal or suspension from office by the
            Council for the breach of a duty mentioned in
10          Schedule 1A clause 1(1), 2(1) or 3, or be present while
            the matter is being considered at a meeting.
      (8)   This section applies only in relation to a breach of a
            duty mentioned in Schedule 1A clause 1(1), 2(1) or 3
            that occurs after the Universities Legislation
15          Amendment Act 2005 comes into operation.
      (9)   A person does not breach a duty mentioned in
            Schedule 1A clause 1(1)(a), (b) or (c) by doing or
            omitting to do anything in compliance with a direction
            given to the person in exercise of a power conferred by
20          a written law.
     (10)   Subsection (9) does not extend to the manner in which
            a thing is done or omitted if it is done or omitted in a
            manner that is contrary to Schedule 1A clause 1(1)(a),
            (b) or (c) and the direction did not require that it be
25          done in that manner.
     (11)   The suspension from office of a member does not
            create a vacancy in that office.
                                                                        ".




                                                                 page 7
     Universities Legislation Amendment Bill 2005
     Part 2          Curtin University of Technology Act 1966

     s. 10



     10.           Section 12 replaced
                   Section 12 is repealed and the following section is inserted
                   instead --
     "
 5           12.         Disclosure of interests
                         Schedule 1A Division 2 has effect.
                                                                                    ".

     11.           Section 21AA inserted
                   After section 21 the following section is inserted in Part 1
10                 Division 2 --
     "
             21AA. Relief of members from liability
                         If, in any civil proceeding against a person who is or
                         was a member for negligence, default, breach of trust
15                       or breach of duty in the person's capacity as a member,
                         it appears to the court that the person --
                            (a) is, or may be, liable in respect of the
                                  negligence, default or breach;
                            (b) has acted honestly; and
20                          (c) ought fairly to be excused for the negligence,
                                  default or breach having regard to all the
                                  circumstances of the case, including those
                                  connected with the person's appointment,
                         the court may relieve the person either wholly or partly
25                       from liability on such terms as the court thinks fit.
                                                                                    ".




     page 8
                                       Universities Legislation Amendment Bill 2005
                              Curtin University of Technology Act 1966       Part 2

                                                                                  s. 12



     12.        Schedule 1A inserted
                After Schedule 1 the following Schedule is inserted --
     "
                        Schedule 1A -- Council members
 5                                                                   [s. 9B, 10AA, 12]

                                     Division 1 -- Duties

           1.         Duties
                (1)   Each member --
                        (a) must at all times act honestly in the performance of
10                           the functions of a member, whether within or
                             outside the State;
                        (b) must at all times exercise the degree of care and
                             diligence in the performance of the functions of a
                             member, whether within or outside the State, that a
15                           reasonable person in that position would reasonably
                             be expected to exercise in the Council's
                             circumstances;
                        (c) must at all times act in the best interests of the
                             University and give precedence to the interests of
20                           the University over the interests of any person
                             appointing or electing a member;
                        (d)     must not, whether within or outside the State, make
                                improper use of information acquired by virtue of
                                the position of member to gain, directly or
25                              indirectly, an advantage for any person or to cause
                                detriment to the University;
                        (e)     must not, whether within or outside the State, make
                                improper use of the position of member to gain,
                                directly or indirectly, an advantage for any person
30                              or to cause detriment to the University.
                (2)   Nothing in subclause (1) or section 10AA or 12 affects --
                        (a)     any other duty a member may have under any other
                                law; or


                                                                                page 9
     Universities Legislation Amendment Bill 2005
     Part 2          Curtin University of Technology Act 1966

     s. 12



                          (b)   the operation of any other law in relation to such a
                                duty.

                            Division 2 -- Disclosure of interests
             2.         Disclosure of interests
 5                (1)   A member who has a material personal interest in a matter
                        being considered or about to be considered by the Council
                        must, as soon as possible after the relevant facts have come
                        to the member's knowledge, disclose the nature and extent
                        of the interest at a meeting of the Council.
10                (2)   A disclosure under subclause (1) is to be recorded in the
                        minutes of the meeting.

             3.         Voting by interested members
                        A member who has a material personal interest in a matter
                        that is being considered by the Council --
15                        (a) must not vote whether at a meeting or otherwise --
                                   (i)   on the matter; or
                                  (ii)   on a proposed resolution under clause 4 in
                                         respect of the matter, whether relating to
                                         that member or a different member;
20                              and
                          (b)   must not be present while --
                                   (i)   the matter; or
                                  (ii)   a proposed resolution of the kind referred to
                                         in paragraph (a)(ii),
25                              is being considered at a meeting.

             4.         Clause 3 may be declared inapplicable
                        Clause 3 does not apply if the Council has at any time
                        passed a resolution that --
                          (a)   specifies the member, the interest and the matter;
30                              and



     page 10
                                 Universities Legislation Amendment Bill 2005
                        Curtin University of Technology Act 1966       Part 2

                                                                                 s. 12



                  (b)     states that the members voting for the resolution are
                          satisfied that the interest should not disqualify the
                          member from considering or voting on the matter.

     5.         Quorum where clause 3 applies
 5              Despite section 13(1), if a member is disqualified under
                clause 3 in relation to a matter, a quorum is present during
                the consideration of the matter if at least 9 members are
                present who are entitled to vote on any motion that may be
                moved at the meeting in relation to the matter.

10   6.         Minister may declare clauses 3 and 5 inapplicable
          (1)   The Minister may, on the application of a member, by
                writing declare that clause 3 or 5 or both of them do not
                apply in relation to a specified matter either generally or in
                voting on particular resolutions.
15        (2)   The Minister must cause a copy of a declaration made under
                subclause (1) to be laid before each House of Parliament
                within 14 sitting days of that House after the declaration is
                made.
                                                                                   ".




                                                                          page 11
     Universities Legislation Amendment Bill 2005
     Part 3          Edith Cowan University Act 1984

     s. 13



                     Part 3 -- Edith Cowan University Act 1984
     13.             The Act amended
                     The amendments in this Part are to the Edith Cowan University
                     Act 1984*.
 5                   [* Reprint 3 as at 20 August 2004.
                        For subsequent amendments see Western Australian
                        Legislation Information Tables for 2004, Table 1, p. 132.]
     14.             Section 5 amended
                     Section 5(2)(e) is amended as follows:
10                     (a) by inserting after "personal property" --
                                "
                                      acquired or held by the University as it thinks
                                      fit subject only, in respect of property
                                                                                         ";
15                       (b)    by deleting "University as it thinks fit subject only" and
                                inserting instead --
                                " University, ".
     15.             Section 9 amended
           (1)       Section 9(1)(g) and (h) are deleted.
20         (2)       Section 9(1)(i) is amended by deleting "3" and inserting
                     instead --
                     "     5    ".
           (3)       Section 9(3) is repealed and the following subsections are
                     inserted instead --
25               "
                     (3)       The following persons are not eligible to be a member
                               under subsection (1)(a), (aa) or (i) --
                                 (a) a person who is a member of the staff or
                                       otherwise engaged by the University;


     page 12
                        Universities Legislation Amendment Bill 2005
                       Edith Cowan University Act 1984        Part 3

                                                                   s. 15



            (b)   an enrolled student.
     (4)   The following persons are not eligible to be a member
           under subsection (1)(e) --
             (a) a full-time member of the staff of the
 5                 University;
            (b) a part-time or casual employee of the
                   University who works for at least 50% of the
                   minimum time required to be worked by a
                   full-time member of staff.
10   (5)   The following persons are not eligible to be a member
           under subsection (1)(f) --
             (a) a full-time member of the staff of the
                   University;
            (b) a part-time or casual employee of the
15                 University who works for at least 50% of the
                   minimum time required to be worked by a
                   full-time member of staff;
             (c) an enrolled student who is enrolled on a
                   full-time basis.
20   (6)   Of the members --
            (a) at least 2 must have financial expertise (as
                  demonstrated by relevant qualifications and by
                  experience in financial management at a senior
                  level in the public or private sector); and
25          (b) at least one must have commercial expertise (as
                  demonstrated by relevant experience at a senior
                  level in the public or private sector),
           and the member mentioned in paragraph (b) may also
           be one of the members mentioned in paragraph (a).
30                                                                   ".




                                                             page 13
     Universities Legislation Amendment Bill 2005
     Part 3          Edith Cowan University Act 1984

     s. 16



     16.              Transitional provision
           (1)        In this section --
                      "commencement day" means the day on which the
                           Universities Legislation Amendment Act 2005 comes into
 5                         operation;
                      "deleted section 9(1)(g) or (h)" means the Edith Cowan
                           University Act 1984 section 9(1)(g) or (h) as those
                           provisions were in effect immediately before
                           commencement day;
10                    "member" means a member of the Council of the Edith Cowan
                           University.
           (2)        The persons who, immediately before commencement day, were
                      members under deleted section 9(1)(g) or (h) cease to be
                      members on commencement day.

15   17.              Section 10 amended
           (1)        Section 10(2) is amended by deleting "subsections (3) and (4)"
                      and inserting instead --
                      "     subsections (3), (4) and (4a),   ".
           (2)        After subsection 10(4) the following subsection is inserted --
20               "
                     (4a)     A member who is removed from office by the Council
                              under section 11A is not eligible to be a member again
                              until 5 years have elapsed since the removal.
                                                                                       ".




     page 14
                                   Universities Legislation Amendment Bill 2005
                                  Edith Cowan University Act 1984        Part 3

                                                                           s. 18



     18.     Section 10A inserted
             After section 10 the following section is inserted --
     "
           10A.    Members' duties
 5                 Schedule 1 Division 1 has effect.
                                                                               ".

     19.     Section 11 amended
             After section 11(e) the following paragraphs are inserted --
                   "
10                     (ea)   he is removed from office by the Council under
                              section 11A;
                       (eb)   he is, or becomes, disqualified from managing
                              corporations under Part 2D.6 of the
                              Corporations Act 2001 of the Commonwealth;
15                                                                             ".

     20.     Section 11A inserted
             After section 11 the following section is inserted --
     "
           11A.    Removal of members for breach of certain duties
20                 and suspension pending removal
             (1)   The Council may --
                    (a) remove from office a member for breach of a
                         duty mentioned in Schedule 1 clause 1(1), 2(1)
                         or 3;
25                  (b) suspend from office a member who is alleged
                         to have breached a duty mentioned in
                         Schedule 1 clause 1(1), 2(1) or 3 until the
                         motion for removal is put to the vote.
             (2)   The removal or suspension from office may be effected
30                 only at a meeting of the Council of which notice

                                                                        page 15
     Universities Legislation Amendment Bill 2005
     Part 3          Edith Cowan University Act 1984

     s. 20



                     (including notice of the motion that the member
                     concerned be removed or suspended from office for
                     breach of duty) was duly given.
               (3)   Despite section 14(1), the removal or suspension of a
 5                   member from office may be effected only if the motion
                     for removal or suspension is supported by a majority
                     comprising enough of the members for the time being
                     for their number to be at least 2/3 of the total number
                     of offices (whether vacant or not) of member.
10             (4)   The motion for removal or suspension must not be put
                     to the vote of the meeting unless the member
                     concerned has been given a reasonable opportunity to
                     reply to the motion at the meeting, either orally or in
                     writing.
15             (5)   If the member to whom the motion for removal or
                     suspension refers does not attend the meeting, a
                     reasonable opportunity to reply to the motion is to be
                     taken to have been given if notice of the meeting has
                     been duly given.
20             (6)   The Council cannot remove or suspend from office a
                     member for breach of a duty mentioned in Schedule 1
                     clause 1(1), 2(1) or 3 except in accordance with this
                     section.
               (7)   A person must not vote on any question relating to the
25                   person's removal or suspension from office by the
                     Council for the breach of a duty mentioned in
                     Schedule 1 clause 1(1), 2(1) or 3, or be present while
                     the matter is being considered at a meeting.
               (8)   This section applies only in relation to a breach of a
30                   duty mentioned in Schedule 1 clause 1(1), 2(1) or 3
                     that occurs after the Universities Legislation
                     Amendment Act 2005 comes into operation.



     page 16
                                     Universities Legislation Amendment Bill 2005
                                    Edith Cowan University Act 1984        Part 3

                                                                                s. 21



                 (9)   A person does not breach a duty mentioned in
                       Schedule 1 clause 1(1)(a), (b) or (c) by doing or
                       omitting to do anything in compliance with a direction
                       given to the person in exercise of a power conferred by
 5                     a written law.
            (10)       Subsection (9) does not extend to the manner in which
                       a thing is done or omitted if it is done or omitted in a
                       manner that is contrary to Schedule 1 clause 1(1)(a),
                       (b) or (c) and the direction did not require that it be
10                     done in that manner.
            (11)       The suspension from office of a member does not
                       create a vacancy in that office.
                                                                                  ".

     21.         Section 13 replaced
15               Section 13 is repealed and the following section is inserted
                 instead --
     "
           13.         Disclosure of interests
                       Schedule 1 Division 2 has effect.
20                                                                                ".

     22.         Section 17A inserted
                 After section 17 the following section is inserted --
     "
           17A.        Relief of members from liability
25                     If, in any civil proceeding against a person who is or
                       was a member for negligence, default, breach of trust
                       or breach of duty in the person's capacity as a member,
                       it appears to the court that the person --
                          (a) is, or may be, liable in respect of the
30                              negligence, default or breach;
                          (b) has acted honestly; and

                                                                           page 17
     Universities Legislation Amendment Bill 2005
     Part 3          Edith Cowan University Act 1984

     s. 23



                          (c)    ought fairly to be excused for the negligence,
                                 default or breach having regard to all the
                                 circumstances of the case, including those
                                 connected with the person's appointment,
 5                      the court may relieve the person either wholly or partly
                        from liability on such terms as the court thinks fit.
                                                                                        ".

     23.          Schedule 1 inserted
                  After section 53 the following Schedule is inserted --
10   "
                           Schedule 1 -- Council members
                                                                       [s. 10A, 11A, 13]

                                      Division 1 -- Duties

             1.         Duties
15                (1)   Each member --
                          (a)    must at all times act honestly in the performance of
                                 the functions of a member, whether within or
                                 outside the State;
                          (b)    must at all times exercise the degree of care and
20                               diligence in the performance of the functions of a
                                 member, whether within or outside the State, that a
                                 reasonable person in that position would reasonably
                                 be expected to exercise in the Council's
                                 circumstances;
25                        (c)    must at all times act in the best interests of the
                                 University and give precedence to the interests of
                                 the University over the interests of any person
                                 appointing or electing a member;
                          (d)    must not, whether within or outside the State, make
30                               improper use of information acquired by virtue of
                                 the position of member to gain, directly or
                                 indirectly, an advantage for any person or to cause
                                 detriment to the University;

     page 18
                                  Universities Legislation Amendment Bill 2005
                                 Edith Cowan University Act 1984        Part 3

                                                                                s. 23



                  (e)   must not, whether within or outside the State, make
                        improper use of the position of member to gain,
                        directly or indirectly, an advantage for any person
                        or to cause detriment to the University.
 5        (2)   Nothing in subclause (1) or section 11A or 13 affects --
                 (a) any other duty a member may have under any other
                       law; or
                  (b)   the operation of any other law in relation to such a
                        duty.

10                  Division 2 -- Disclosure of interests

     2.         Disclosure of interests
          (1)   A member who has a material personal interest in a matter
                being considered or about to be considered by the Council
                must, as soon as possible after the relevant facts have come
15              to the member's knowledge, disclose the nature and extent
                of the interest at a meeting of the Council.
          (2)   A disclosure under subclause (1) is to be recorded in the
                minutes of the meeting.

     3.         Voting by interested members
20              A member who has a material personal interest in a matter
                that is being considered by the Council --
                  (a)   must not vote whether at a meeting or otherwise --
                         (i) on the matter; or
                          (ii)     on a proposed resolution under clause 4 in
25                                 respect of the matter, whether relating to
                                   that member or a different member;
                        and
                  (b)   must not be present while --
                         (i) the matter; or
30                        (ii)     a proposed resolution of the kind referred to
                                   in paragraph (a)(ii),
                        is being considered at a meeting.


                                                                           page 19
     Universities Legislation Amendment Bill 2005
     Part 3          Edith Cowan University Act 1984

     s. 23



             4.         Clause 3 may be declared inapplicable
                        Clause 3 does not apply if the Council has at any time
                        passed a resolution that --
                          (a) specifies the member, the interest and the matter;
 5                              and
                          (b)   states that the members voting for the resolution are
                                satisfied that the interest should not disqualify the
                                member from considering or voting on the matter.

             5.         Quorum where clause 3 applies
10                      Despite section 14(1), if a member is disqualified under
                        clause 3 in relation to a matter, a quorum is present during
                        the consideration of the matter if at least 8 members are
                        present who are entitled to vote on any motion that may be
                        moved at the meeting in relation to the matter.

15           6.         Minister may declare clauses 3 and 5 inapplicable
                  (1)   The Minister may, on the application of a member, by
                        writing declare that clause 3 or 5 or both of them do not
                        apply in relation to a specified matter either generally or in
                        voting on particular resolutions.
20                (2)   The Minister must cause a copy of a declaration made under
                        subclause (1) to be laid before each House of Parliament
                        within 14 sitting days of that House after the declaration is
                        made.
                                                                                         ".




     page 20
                                  Universities Legislation Amendment Bill 2005
                                    Murdoch University Act 1973         Part 4

                                                                           s. 24



                 Part 4 -- Murdoch University Act 1973
     24.       The Act amended
               The amendments in this Part are to the Murdoch University
               Act 1973*.
 5             [* Reprinted as at 26 February 1999.
                  For subsequent amendments see Western Australian
                  Legislation Information Tables for 2004, Table 1, p. 303.]

     25.       Section 12 amended
               Section 12(1) and (2) are repealed and the following subsections
10             are inserted instead --
           "
               (1)   The membership of Senate shall consist of --
                      (a) the persons holding or acting in the office of
                           Chancellor and of Vice-Chancellor
15                         respectively;
                      (b) 3 persons elected by and from the members of
                           the full-time academic staff of the University in
                           the manner prescribed by Statute;
                      (c) one person elected by and from the full-time
20                         officers and servants of the University who are
                           not members of the full-time academic staff of
                           the University in the manner prescribed by
                           Statute;
                      (d) 2 persons elected by and from the students in
25                         the manner prescribed by Statute;
                      (e) 2 persons elected by Convocation from the
                           members of Convocation in the manner
                           prescribed by Statute;
                       (f) 6 members appointed by the Governor;




                                                                        page 21
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     Part 4          Murdoch University Act 1973

     s. 26



                         (g)   up to 3 persons as are co-opted to serve as
                               members of the Senate by an absolute majority
                               of the other members.
                  (2)   The following persons are not eligible to be a member
 5                      of the Senate under subsection (1)(e), (f) or (g) --
                          (a) a full-time member of the staff of the
                                University;
                          (b) a part-time or casual employee of the
                                University who works for at least 50% of the
10                              minimum time required to be worked by a
                                full-time member of staff;
                          (c) a student.
                 (2a)   Of the members of the Senate --
                         (a) at least 2 must have financial expertise (as
15                             demonstrated by relevant qualifications and by
                               experience in financial management at a senior
                               level in the public or private sector); and
                         (b) at least one must have commercial expertise (as
                               demonstrated by relevant experience at a senior
20                             level in the public or private sector),
                        and the member mentioned in paragraph (b) may also
                        be one of the members mentioned in paragraph (a).
                                                                                 ".

     26.          Transitional provisions
25         (1)    In this section --
                  "commencement day" means the day on which the
                       Universities Legislation Amendment Act 2005 comes into
                       operation;
                  "new section 12(1)" means the Murdoch University Act 1973
30                     section 12(1) as that provision is in effect on
                       commencement day;


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                              Universities Legislation Amendment Bill 2005
                                Murdoch University Act 1973         Part 4

                                                                        s. 26



           "repealed section 12(1)" means the Murdoch University
               Act 1973 section 12(1) as that provision was in effect
               immediately before commencement day;
           "Senate" means the Murdoch University Senate.
 5   (2)   The persons who, immediately before commencement day, were
           members of the Senate under repealed section 12(1)(a) continue
           in office as members of the Senate under new section 12(1)(a)
           on and from commencement day.
     (3)   The persons who, immediately before commencement day, were
10         members of the Senate under repealed section 12(1)(b) or (c)
           cease to be members of the Senate on commencement day.
     (4)   The persons who, immediately before commencement day, were
           members of the Senate under repealed section 12(1)(d) continue
           in office as members of the Senate under new section 12(1)(b)
15         on and from commencement day.
     (5)   The person who, immediately before commencement day, was a
           member of the Senate under repealed section 12(1)(da)
           continues in office as a member of the Senate under new
           section 12(1)(c) on and from commencement day.
20   (6)   The persons who, immediately before commencement day, were
           members of the Senate under repealed section 12(1)(e) continue
           in office as members of the Senate under new section 12(1)(d)
           on and from commencement day.
     (7)   The persons who, immediately before commencement day, were
25         members of the Senate under repealed section 12(1)(f) continue
           in office as members of the Senate under new section 12(1)(e)
           on and from commencement day even though one of those
           persons is a student on commencement day.
     (8)   The persons who, immediately before commencement day, were
30         members of the Senate under repealed section 12(1)(g) or (i)
           continue in office as members of the Senate under new
           section 12(1)(f) on and from commencement day.


                                                                    page 23
     Universities Legislation Amendment Bill 2005
     Part 4          Murdoch University Act 1973

     s. 27



           (9)        The persons who, immediately before commencement day, were
                      members of the Senate under repealed section 12(1)(j) continue
                      in office as members of the Senate under new section 12(1)(g)
                      on and from commencement day.
 5       (10)         A person who, under this section, continues in office as a
                      member of the Senate on and from commencement day,
                      continues in office for the balance of the term of office that
                      applied to the person immediately before commencement day.

     27.              Section 14A inserted
10                    After section 14 the following section is inserted --
     "
             14A.           Duties of Senate members
                            Schedule 1 Division 1 has effect.
                                                                                       ".
15   28.              Section 15 amended
           (1)        Section 15(3) is amended as follows:
                        (a) by deleting "or" after paragraph (c);
                       (b) after paragraph (c) by inserting the following --
                            "
20                              (ca)   is, or becomes, disqualified from managing
                                       corporations under Part 2D.6 of the
                                       Corporations Act 2001 of the Commonwealth;
                                       or
                                                                                       ".
25         (2)        After subsection 15(3) the following subsection is inserted --
                 "
                     (3a)   A member of the Senate who is removed from office
                            by the Senate under section 15A is not eligible to be a
                            member again until --
30                            (a) in the case of a member elected by the students,
                                    one year has elapsed since the removal; or

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                                 Universities Legislation Amendment Bill 2005
                                   Murdoch University Act 1973         Part 4

                                                                          s. 29



                    (b)   in the case of any other member, 3 years have
                          elapsed since the removal.
                                                                             ".
     29.     Section 15A inserted
 5           After section 15 the following section is inserted --
     "
           15A.    Removal of Senate members for breach of certain
                   duties and suspension pending removal
             (1)   The Senate may --
10                  (a) remove from office a member of the Senate for
                          breach of a duty mentioned in Schedule 1
                          clause 1(1), 2(1) or 3;
                    (b) suspend from office a member of the Senate
                          who is alleged to have breached a duty
15                        mentioned in Schedule 1 clause 1(1), 2(1) or 3
                          until the motion for removal is put to the vote.
             (2)   The removal or suspension from office may be effected
                   only at a meeting of the Senate of which notice
                   (including notice of the motion that the member
20                 concerned be removed or suspended from office for
                   breach of duty) was duly given.
             (3)   Despite section 12(6), the removal or suspension from
                   office may be effected only if the motion for removal
                   or suspension is supported by a majority comprising
25                 enough of the members for the time being of the Senate
                   for their number to be at least 2/3 of the total number
                   of offices (whether vacant or not) of member of the
                   Senate.
             (4)   The motion for removal or suspension must not be put
30                 to the vote of the meeting unless the member
                   concerned has been given a reasonable opportunity to
                   reply to the motion at the meeting, either orally or in
                   writing.

                                                                      page 25
     Universities Legislation Amendment Bill 2005
     Part 4          Murdoch University Act 1973

     s. 29



                (5)   If the member to whom the motion for removal or
                      suspension refers does not attend the meeting, a
                      reasonable opportunity to reply to the motion is to be
                      taken to have been given if notice of the meeting has
 5                    been duly given.
                (6)   The Senate cannot remove or suspend from office a
                      member of the Senate for breach of a duty mentioned
                      in Schedule 1 clause 1(1), 2(1) or 3 except in
                      accordance with this section.
10              (7)   A person must not vote on any question relating to the
                      person's removal or suspension from office by the
                      Senate for the breach of a duty mentioned in
                      Schedule 1 clause 1(1), 2(1) or 3, or be present while
                      the matter is being considered at a meeting.
15              (8)   This section applies only in relation to a breach of a
                      duty mentioned in Schedule 1 clause 1(1), 2(1) or 3
                      that occurs after the Universities Legislation
                      Amendment Act 2005 comes into operation.
                (9)   A person does not breach a duty mentioned in
20                    Schedule 1 clause 1(1)(a), (b) or (c) by doing or
                      omitting to do anything in compliance with a direction
                      given to the person in exercise of a power conferred by
                      a written law.
               (10)   Subsection (9) does not extend to the manner in which
25                    a thing is done or omitted if it is done or omitted in a
                      manner that is contrary to Schedule 1 clause 1(1)(a),
                      (b) or (c) and the direction did not require that it be
                      done in that manner.
               (11)   The suspension from office of a member of the Senate
30                    does not create a vacancy in that office.
                                                                                 ".




     page 26
                                Universities Legislation Amendment Bill 2005
                                  Murdoch University Act 1973         Part 4

                                                                           s. 30



     30.     Sections 17A and 17B inserted
             After section 17 the following sections are inserted --
     "
           17A.   Disclosure of interests
 5                Schedule 1 Division 2 has effect.

           17B.   Relief of Senate members from liability
                  If, in any civil proceeding against a person who is or
                  was a member of the Senate for negligence, default,
                  breach of trust or breach of duty in the person's
10                capacity as a member of the Senate, it appears to the
                  court that the person --
                     (a) is, or may be, liable in respect of the
                           negligence, default or breach;
                    (b) has acted honestly; and
15                   (c) ought fairly to be excused for the negligence,
                           default or breach having regard to all the
                           circumstances of the case, including those
                           connected with the person's appointment,
                  the court may relieve the person either wholly or partly
20                from liability on such terms as the court thinks fit.
                                                                             ".




                                                                      page 27
     Universities Legislation Amendment Bill 2005
     Part 4          Murdoch University Act 1973

     s. 31



     31.          Schedule 1 inserted
                  After section 34 the following Schedule is inserted --
     "
                            Schedule 1 -- Senate members
 5                                                                   [s. 14A, 15A, 17A]

                                      Division 1 -- Duties

             1.         Duties
                  (1)   Each member of the Senate --
                          (a) must at all times act honestly in the performance of
10                             the functions of a member of the Senate, whether
                               within or outside the State;
                          (b) must at all times exercise the degree of care and
                               diligence in the performance of the functions of a
                               member of the Senate, whether within or outside the
15                             State, that a reasonable person in that position
                               would reasonably be expected to exercise in the
                               Senate's circumstances;
                          (c) must at all times act in the best interests of the
                               University and give precedence to the interests of
20                             the University over the interests of any person
                               appointing or electing a member of the Senate;
                          (d)    must not, whether within or outside the State, make
                                 improper use of information acquired by virtue of
                                 the position of member of the Senate to gain,
25                               directly or indirectly, an advantage for any person
                                 or to cause detriment to the University;
                          (e)    must not, whether within or outside the State, make
                                 improper use of the position of member of the
                                 Senate to gain, directly or indirectly, an advantage
30                               for any person or to cause detriment to the
                                 University.




     page 28
                                 Universities Legislation Amendment Bill 2005
                                   Murdoch University Act 1973         Part 4

                                                                               s. 31



          (2)   Nothing in subclause (1) or section 15A or 17A affects --
                 (a) any other duty a member of the Senate may have
                       under any other law; or
                  (b)   the operation of any other law in relation to such a
 5                      duty.

                    Division 2 -- Disclosure of interests
     2.         Disclosure of interests
          (1)   A member of the Senate who has a material personal interest
                in a matter being considered or about to be considered by
10              the Senate must, as soon as possible after the relevant facts
                have come to the member's knowledge, disclose the nature
                and extent of the interest at a meeting of the Senate.
          (2)   A disclosure under subclause (1) is to be recorded in the
                minutes of the meeting.

15   3.         Voting by interested members
                A member of the Senate who has a material personal interest
                in a matter that is being considered by the Senate --
                  (a)   must not vote whether at a meeting or otherwise --
                         (i) on the matter; or
20                        (ii)    on a proposed resolution under clause 4 in
                                  respect of the matter, whether relating to
                                  that member or a different member;
                        and
                  (b)   must not be present while --
25                         (i)    the matter; or
                          (ii)    a proposed resolution of the kind referred to
                                  in paragraph (a)(ii),
                        is being considered at a meeting.




                                                                          page 29
     Universities Legislation Amendment Bill 2005
     Part 4          Murdoch University Act 1973

     s. 31



             4.         Clause 3 may be declared inapplicable
                        Clause 3 does not apply if the Senate has at any time passed
                        a resolution that --
                           (a) specifies the member, the interest and the matter;
 5                               and
                          (b)   states that the members voting for the resolution are
                                satisfied that the interest should not disqualify the
                                member from considering or voting on the matter.

             5.         Quorum where clause 3 applies
10                      Despite section 12(6), if a member is disqualified under
                        clause 3 in relation to a matter, a quorum is present during
                        the consideration of the matter if at least 7 members of the
                        Senate are present who are entitled to vote on any motion
                        that may be moved at the meeting in relation to the matter.

15           6.         Minister may declare clauses 3 and 5 inapplicable
                  (1)   The Minister may, on the application of a member of the
                        Senate, by writing declare that clause 3 or 5 or both of them
                        do not apply in relation to a specified matter either generally
                        or in voting on particular resolutions.
20                (2)   The Minister must cause a copy of a declaration made under
                        subclause (1) to be laid before each House of Parliament
                        within 14 sitting days of that House after the declaration is
                        made.
                                                                                          ".




     page 30
                                      Universities Legislation Amendment Bill 2005
                         University of Notre Dame Australia Act 1989        Part 5

                                                                              s. 32



      Part 5 -- University of Notre Dame Australia Act 1989
     32.         The Act amended
                 The amendments in this Part are to the University of Notre
                 Dame Australia Act 1989*.
 5               [* Reprinted as at 1 June 2001.
                    For subsequent amendments see Western Australian
                    Legislation Information Tables for 2004, Table 1, p. 471.]

     33.         Section 3 amended
           (1)   Section 3 is amended by deleting the definitions of
10               "Archbishop" and "Board".
           (2)   Section 3 is amended by inserting in the appropriate
                 alphabetical positions --
                 "
                       "Board of Directors" means the Board of Directors of
15                         the University established under section 15A;
                       "Board of Governors" means the Board of Governors
                           of the University established under section 14;
                       "general Trustees" means the Trustees mentioned in
                           section 7(1)(d);
20                     "nominee Trustees" means the Trustees mentioned in
                           section 7(1)(a) and (b);
                                                                                 ".
           (3)   Section 3 is amended in the definition of "Trustees" by deleting
                 "sections 7 and 8;" and inserting instead --
25               "   section 7;   ".




                                                                          page 31
     Universities Legislation Amendment Bill 2005
     Part 5          University of Notre Dame Australia Act 1989

     s. 34



     34.          Section 5 replaced
                  Section 5 is repealed and the following section is inserted
                  instead --
     "
 5           5.         Objects of University
                        The objects of the University are --
                         (a) the provision of university education, within a
                               context of Catholic faith and values; and
                         (b) the provision of an excellent standard of --
10                               (i) teaching, scholarship and research;
                                 (ii)   training for the professions; and
                                (iii)   pastoral care for its students.
                                                                                  ".
     35.          Part 3 heading replaced
15                The heading to Part 3 is deleted and the following heading is
                  inserted instead --
     "
             Part 3 -- Trustees, officers, Board of Governors
                        and Board of Directors
20                                                                                ".
     36.          Section 7 replaced
                  Section 7 is repealed and the following section is inserted
                  instead --
     "
25           7.         Trustees of the University
                        There are to be Trustees of the University consisting
                        of --
                          (a) 2 persons appointed by the Roman Catholic
                               Archbishop of the Archdiocese of Perth with
30                             the approval of the Trustees for the time being;

     page 32
                                     Universities Legislation Amendment Bill 2005
                        University of Notre Dame Australia Act 1989        Part 5

                                                                              s. 37



                       (b)    2 persons appointed by the Roman Catholic
                              Archbishop of the Archdiocese of Sydney with
                              the approval of the Trustees for the time being;
                       (c)    the Vice-Chancellor ex officio;
 5                     (d)    7 other persons appointed by the Trustees for
                              the time being.
                                                                                  ".

     37.        Section 8 replaced
                Section 8 is repealed and the following section is inserted
10              instead --
     "
           8.         Functions of Trustees
                      The Trustees are the custodians of the University and
                      are responsible for ensuring that there is compliance
15                    with section 5.
                                                                                  ".

     38.        Section 9 repealed
                Section 9 is repealed.

     39.        Section 10 amended
20              Section 10(2) is repealed and the following subsections are
                inserted instead --
           "
                (2)   A Trustee who has held office for an initial term is
                      eligible to hold office for a subsequent term or terms as
25                    long as the total period of office does not exceed
                      12 years.
                (3)   If a Trustee is, or has been, the Chancellor or Deputy
                      Chancellor of the University, the period during which
                      the office of Chancellor or Deputy Chancellor is held is



                                                                          page 33
     Universities Legislation Amendment Bill 2005
     Part 5          University of Notre Dame Australia Act 1989

     s. 40



                       not to be taken into account when reckoning the period
                       for the purposes of subsection (2).
                                                                                ".

     40.         Section 11 amended
 5         (1)   Section 11(2) is amended by inserting after "period" --
                 "   , which must not exceed 8 years, that is   ".
           (2)   Section 11(3) is amended by inserting after "Board" --
                 " of Governors or the Board of Directors ".

     41.         Section 12 amended
10         (1)   Section 12(2) is amended by inserting after "period" --
                 "   , which must not exceed 8 years, that is   ".
           (2)   Section 12(3) is amended by deleting "Board," and inserting
                 instead --
                 "   Board of Governors or the Board of Directors ".

15   42.         Section 14 amended
           (1)   Section 14(b), (c) and (d) are deleted and the following
                 paragraph is inserted instead --
                      "
                          (b)   at least 18 other persons who are appointed
20                              from time to time by the Trustees.
                                                                                ".
           (2)   Section 14 is amended as follows:
                   (a) by inserting before "There" the subsection designation
                        "(1)";




     page 34
                                       Universities Legislation Amendment Bill 2005
                          University of Notre Dame Australia Act 1989        Part 5

                                                                                      s. 43



                  (b)    at the end of the section by inserting the following
                         subsections --
           "
                 (2)    A member of the Board of Governors who has held
 5                      office for an initial term is eligible to hold office for a
                        subsequent term or terms as long as the total period of
                        office does not exceed 12 years or, in the case of a
                        particular member, such longer period set by the
                        Trustees.
10               (3)    If a member of the Board of Governors is, or has been,
                        the Chancellor or Deputy Chancellor of the University,
                        the period during which the office of Chancellor or
                        Deputy Chancellor is held is not to be taken into
                        account when reckoning the period for the purposes of
15                      subsection (2).
                                                                                        ".

     43.         Section 15 replaced by sections 15, 15A, 15B and 15C
                 Section 15 is repealed and the following sections are inserted
                 instead --
20   "
           15.          Function of Board of Governors
                        The function of the Board of Governors is to provide
                        advice and support to the Board of Directors.

           15A.         Board of Directors
25                      There is to be a Board of Directors consisting of the
                        following --
                          (a) the Chancellor ex officio;
                          (b) the Vice-Chancellor ex officio;
                          (c) up to 12 other members who are --
30                                (i) members of the Board of Governors;
                                        and


                                                                               page 35
     Universities Legislation Amendment Bill 2005
     Part 5          University of Notre Dame Australia Act 1989

     s. 43



                              (ii)   appointed by the Trustees to be
                                     members of the Board of Directors on
                                     the nomination of a committee
                                     comprising the Chancellor, the Deputy
 5                                   Chancellor and the Vice-Chancellor.

             15B.    Functions of the Board of Directors
               (1)   Subject to this Act, the Board of Directors is the
                     governing body of the University.
               (2)   Except where this Act provides otherwise, the Board of
10                   Directors is to exercise all the powers of the University
                     and is to have the entire control and management of the
                     affairs and concerns of the University.

             15C.    Duties of Directors and removal for breach
               (1)   Each member of the Board of Directors --
15                    (a) must at all times act honestly in the
                           performance of the functions of a member of
                           the Board, whether within or outside the State;
                      (b) must at all times exercise the degree of care and
                           diligence in the performance of the functions of
20                         a member of the Board, whether within or
                           outside the State, that a reasonable person in
                           that position would reasonably be expected to
                           exercise in the Board's circumstances;
                      (c) must at all times act in the best interests of the
25                         University and give precedence to the interests
                           of the University over the interests of any
                           person appointing or nominating a member of
                           the Board;
                      (d) must not, whether within or outside the State,
30                         make improper use of information acquired by
                           virtue of the position of member of the Board to
                           gain, directly or indirectly, an advantage for


     page 36
                          Universities Legislation Amendment Bill 2005
             University of Notre Dame Australia Act 1989        Part 5

                                                                    s. 43



                   any person or to cause detriment to the
                   University;
             (e)   must not, whether within or outside the State,
                   make improper use of the position of member
 5                 of the Board to gain, directly or indirectly, an
                   advantage for any person or to cause detriment
                   to the University;
             (f)   must disclose interests in accordance with rules
                   made by the Trustees under section 19.
10   (2)   The Board of Directors may, subject to subsection (3)
           and in accordance with rules made by the Trustees
           under section 19, remove from office a member of the
           Board mentioned in section 15A(c) for breach of a duty
           mentioned in subsection (1).
15   (3)   The removal from office may be effected only if the
           motion for removal is supported by a majority
           comprising enough of the members for the time being
           of the Board of Directors for their number to be at least
           2/3 of the total number of offices (whether vacant or
20         not) of member of the Board.
     (4)   This section applies only in relation to a breach of a
           duty mentioned in this section that occurs after the
           Universities Legislation Amendment Act 2005 comes
           into operation.
25   (5)   Nothing in this section affects --
            (a) any other duty a member of the Board of
                  Directors may have under any other law; or
            (b) the operation of any other law in relation to
                  such a duty.
30                                                                     ".




                                                                page 37
     Universities Legislation Amendment Bill 2005
     Part 5          University of Notre Dame Australia Act 1989

     s. 44



     44.           Section 16 replaced
                   Section 16 is repealed and the following section is inserted
                   instead --
     "
 5           16.           Delegation
                   (1)     The Board of Directors may delegate to any committee
                           or officer of the University any power or duty of the
                           Board of Directors under another provision of this Act.
                   (2)     The delegation must be in writing and executed by the
10                         Board of Directors.
                   (3)     The delegation may expressly authorise the delegate to
                           further delegate the power or duty.
                   (4)     A person exercising or performing a power or duty that
                           has been delegated to the person under or as authorised
15                         under this section is to be taken to do so in accordance
                           with the terms of the delegation unless the contrary is
                           shown.
                   (5)     Nothing in this section limits the ability of the Board of
                           Directors to perform a function through an officer or
20                         agent.
                                                                                        ".

     45.           Section 17 amended
                   Section 17(3) is amended by deleting "Trustees, upon the
                   recommendation of the Board" and inserting instead --
25                 "     Board of Directors, on the nomination of the Trustees,    ".




     page 38
                                      Universities Legislation Amendment Bill 2005
                         University of Notre Dame Australia Act 1989        Part 5

                                                                                s. 46



     46.         Section 18 amended
                 Section 18(2) is amended by deleting "the academic principal of
                 the University." and inserting instead --
                 "
 5                     responsible for academic leadership within the
                       University.
                                                                                  ".

     47.         Section 19 replaced
                 Section 19 is repealed and the following section is inserted
10               instead --
     "
           19.         Rules
                       The Trustees may, subject to this Act, make rules --
                        (a) providing for the manner, and terms and
15                            conditions of appointment and the removal or
                              retirement of the general Trustees and the
                              nominee Trustees;
                        (b) fixing the maximum number of members of the
                              Board of Governors;
20                      (c) providing for the manner, terms and conditions
                              of appointment and the removal or retirement
                              of members of the Board of Governors
                              mentioned in section 14(b);
                        (d) providing for the manner, terms and conditions
25                            of appointment and the removal or retirement
                              of members of the Board of Directors
                              mentioned in section 15A(c);
                        (e) providing for the manner in which members of
                              the Board of Directors are to disclose interests;
30                       (f) providing for the procedure in relation to the
                              removal of a member of the Board of Directors
                              under section 15C(2);

                                                                           page 39
     Universities Legislation Amendment Bill 2005
     Part 5          University of Notre Dame Australia Act 1989

     s. 48



                           (g)    regulating the procedure for meetings of the
                                  Trustees, including the quorum for meetings;
                           (h)    regulating the sale by the Board of Directors of
                                  any of the assets of the University;
 5                          (i)   providing for the monitoring or assessment of
                                  matters for the purpose of ensuring compliance
                                  with section 5; and
                            (j)   providing for the monitoring and assessment of
                                  the performance of the functions of the Board
10                                of Directors or any officer of the University.
                                                                                     ".

     48.           Various references to "Board" amended
                   The provisions mentioned in the Table to this section are
                   amended in each case by inserting after "Board" --
15                 " of Directors ".
                                                  Table
                   s. 20(1), (2) and (3)             s. 24(1), (2)
                   s. 21(2)                          s. 28(2)
                   s. 22                             s. 29(1), (3)
                   s. 23(1), (2), (3), (4), (5)

     49.           Section 30 replaced
                   Section 30 is repealed and the following section is inserted
                   instead --
20   "
             30.         Report to the Minister
                         Within 5 months after the end of each University year
                         the Board of Directors is to transmit to the Minister the
                         auditor's report on all expenditures from public funds
25                       by the University for that year.
                                                                                     ".


     page 40
                                      Universities Legislation Amendment Bill 2005
                         University of Notre Dame Australia Act 1989        Part 5

                                                                             s. 50



     50.         Transitional provisions
           (1)   In this section --
                 "commencement day" means the day on which the
                      Universities Legislation Amendment Act 2005 comes into
 5                    operation;
                 "existing Trustee" means a person who was a Trustee of the
                      University immediately before commencement day;
                 "new section 7" means the UNDA Act section 7 as that
                      provision is in effect on commencement day;
10               "UNDA Act" means the University of Notre Dame Australia
                      Act 1989;
                 "University" has the meaning given to that term in the UNDA
                      Act section 3.
           (2)   Each existing Trustee continues in office as a Trustee of the
15               University under new section 7 on and from commencement
                 day for the balance of the term of office that applied to the
                 Trustee immediately before commencement day.
           (3)   As soon as practicable after commencement day --
                  (a) the Roman Catholic Archbishop of the Archdiocese of
20                      Perth is to nominate, with the approval of the existing
                        Trustees, 2 of the existing Trustees to be his
                        representatives; and
                  (b) the Roman Catholic Archbishop of the Archdiocese of
                        Sydney is to nominate, with the approval of the existing
25                      Trustees, 2 of the existing Trustees to be his
                        representatives.
           (4)   An existing Trustee who --
                  (a) is nominated under subsection (3)(a) or (b) is to be taken
                        to be a nominee Trustee for the purposes of the UNDA
30                      Act; or




                                                                          page 41
     Universities Legislation Amendment Bill 2005
     Part 5          University of Notre Dame Australia Act 1989

     s. 50



                (b)   is not so nominated is to be taken to be a general Trustee
                      for the purposes of the UNDA Act,
               but if the Vice-Chancellor is an existing Trustee, the
               Vice-Chancellor is not to be taken to be a nominee Trustee or a
 5             general Trustee for the purposes of the UNDA Act.
        (5)    A delegation of a function of the Board of Governors of the
               University that is in effect immediately before commencement
               day is, on and from that day, to be taken to be a delegation by
               the Board of Directors of a function of the Board of Directors.
10      (6)    The person who was the Vice-Chancellor of the University
               immediately before commencement day continues, on and from
               that day, as the Vice-Chancellor of the University for the
               balance of the term that applied to the person immediately
               before that day.
15      (7)    A statute, by-law or regulation made under the UNDA Act
               section 20 that is in effect immediately before commencement
               day is, on and from that day, to be taken to have been made by
               the Board of Directors.
        (8)    On and after commencement day agreements, instruments and
20             other documents that had effect immediately before that day --
                 (a) to which the Board of Governors of the University was a
                       party; or
                 (b) which contain a reference to the Board of Governors of
                       the University,
25             have effect, by force of this section, as if --
                 (c) the Board of Directors were substituted for the Board of
                       Governors as a party to the agreement or instrument;
                       and
                 (d) any reference to the Board of Governors were, unless
30                     the context otherwise requires, a reference to the Board
                       of Directors.



     page 42
                                Universities Legislation Amendment Bill 2005
                   University of Notre Dame Australia Act 1989        Part 5

                                                                       s. 50



      (9)   An investment common fund established under the UNDA Act
            section 23 that was in effect immediately before commencement
            day is, on and after that day, to be treated as if it were
            established by the Board of Directors.
 5   (10)   If, immediately before commencement day, any duty imposed
            by the UNDA Act section 30 on the Board of Governors has not
            been complied with in relation to the Board of Governors for
            any University year that expired before commencement day,
            that duty subsists and is to be performed by the Board of
10          Directors.




                                                                    page 43
     Universities Legislation Amendment Bill 2005
     Part 6          University of Western Australia Act 1911

     s. 51



           Part 6 -- University of Western Australia Act 1911
     51.          The Act amended
                  The amendments in this Part are to the University of Western
                  Australia Act 1911*.
 5                [* Reprinted as at 11 February 2000.
                     For subsequent amendments see Western Australian
                     Legislation Information Tables for 2004, Table 1, p. 473.]
     52.          Sections 8, 10, 10A and 10B replaced by sections 8, 9 and 10
                  Sections 8, 10, 10A and 10B are repealed and the following
10                sections are inserted instead --
     "
             8.         Senate members
                  (1)   The Senate shall consist of 21 members as follows --
                         (a) 4 persons appointed by the Governor;
15                       (b) 4 persons, who are not persons referred to in
                               paragraph (c), elected by Convocation at the
                               time and place and in the manner prescribed by
                               Statute;
                         (c) 3 persons elected --
20                                (i) by and from persons who hold an
                                       ongoing or fixed term appointment at
                                       the University as an academic staff
                                       member; and
                                 (ii) at the time and place and in the manner
25                                     prescribed by regulations;
                         (d) the Chancellor ex officio;
                         (e) one member of the Academic Board of the
                               University, as established under Statute, elected
                               by and from the Academic Board;
30                        (f) the Vice-Chancellor of the University
                               ex officio;

     page 44
                            Universities Legislation Amendment Bill 2005
                   University of Western Australia Act 1911       Part 6

                                                                    s. 52



            (g)     2 persons who are enrolled as students of the
                    University, elected by students so enrolled at
                    the time and place and in the manner prescribed
                    by regulations;
 5          (h)     one member of the Postgraduate Students'
                    Association, elected by the members of the
                    Association;
             (i)    3 persons selected and co-opted as members of
                    the Senate by the other members of the Senate;
10           (j)    one person, elected by and from persons who
                    hold an ongoing or fixed term appointment at
                    the University other than as an academic staff
                    member, elected at the time and place and in
                    the manner prescribed by regulations.
15   (2)   A person who is a principal of any secondary school, or
           similar educational institution, or is a teacher engaged
           in such an institution may be appointed or elected, and
           act, as a member of the Senate, but no more than
           2 such persons may be members of the Senate at the
20         same time.
     (3)   The following persons are not eligible to be a member
           of the Senate under subsection (1)(c) --
             (a) a person who holds an office which from time
                   to time comprises part of the Executive of the
25                 University;
             (b) the Chair of the Academic Board of the
                   University.
     (4)   Of the members of the Senate --
            (a) at least 2 must have financial expertise (as
30                demonstrated by relevant qualifications and by
                  experience in financial management at a senior
                  level in the public or private sector); and



                                                                page 45
     Universities Legislation Amendment Bill 2005
     Part 6          University of Western Australia Act 1911

     s. 52



                         (b)    at least one must have commercial expertise (as
                                demonstrated by relevant experience at a senior
                                level in the public or private sector),
                        and the member mentioned in paragraph (b) may also
 5                      be one of the members mentioned in paragraph (a).
                  (5)   The majority of members of the Senate must be
                        persons who are not members of the staff or students of
                        the University.
             9.         Terms of Senate membership
10                (1)   Subject to section 11, the term of office of a member of
                        the Senate referred to in section 8(1)(a), (b), (c), (i) or
                        (j) is 4 years from the date of the appointment or
                        election of the member or the date the member is
                        selected and co-opted as a member.
15                (2)   Subject to section 11, the terms of office of the
                        members of the Senate referred to in section 8(1)(g)
                        are --
                          (a) one year from the date of the election of the
                               member, in the case of one of the members; and
20                        (b) 2 years from the date of the election of the
                               member, in the case of the other member.
                  (3)   Subject to section 11, the term of office of a member of
                        the Senate referred to in section 8(1)(h) is one year
                        from the date of the election of the member.
25                (4)   A member of the Senate who has held office by
                        election, appointment or selection and co-option for an
                        initial term is eligible to hold office for a subsequent
                        term or terms as long as any consecutive period of
                        membership does not exceed 12 years.
30                (5)   The Senate may increase the period mentioned in
                        subsection (4) in the case of a particular member if the
                        Senate is of the view that there are exceptional
                        circumstances in that member's case.


     page 46
                                       Universities Legislation Amendment Bill 2005
                              University of Western Australia Act 1911       Part 6

                                                                               s. 53



             10.        Duties of Senate members
                        Schedule 1 Division 1 has effect.
                                                                                  ".

     53.           Transitional provisions
 5         (1)     In this section --
                   "commencement day" means the day on which the
                        Universities Legislation Amendment Act 2005 comes into
                        operation;
                   "new section 8(1)" means the University of Western Australia
10                      Act 1911 section 8(1) as that provision is in effect on
                        commencement day;
                   "repealed section 10" means the University of Western
                        Australia Act 1911 section 10 as that provision was in
                        effect immediately before commencement day;
15                 "Senate" means the University of Western Australia Senate.
           (2)     The persons who, immediately before commencement day, were
                   members of the Senate under repealed section 10(a) continue in
                   office as members of the Senate under new section 8(1)(a) on
                   and from commencement day.
20         (3)     The persons who, immediately before commencement day, were
                   members of the Senate under repealed section 10(b) or (e)
                   continue in office as members of the Senate under new
                   section 8(1)(b) on and from commencement day.
           (4)     The persons who, immediately before commencement day, were
25                 members of the Senate under repealed section 10(c) continue in
                   office as members of the Senate under new section 8(1)(c) on
                   and from commencement day.
           (5)     The persons who, immediately before commencement day, were
                   members of the Senate under repealed section 10(d), (f), (g), (j)
30                 and (l) respectively continue in office as members of the Senate
                   under new section 8(1)(d), (e), (f), (h) and (j) respectively on
                   and from commencement day.

                                                                            page 47
     Universities Legislation Amendment Bill 2005
     Part 6          University of Western Australia Act 1911

     s. 54



           (6)   The persons who, immediately before commencement day, were
                 members of the Senate under repealed section 10(h) and (i)
                 respectively continue in office as members of the Senate under
                 new section 8(1)(g) on and from commencement day.
 5         (7)   The persons who, immediately before commencement day, were
                 members of the Senate under repealed section 10(k) continue in
                 office as members of the Senate under new section 8(1)(i) on
                 and from commencement day.
           (8)   A person who, under this section, continues in office as a
10               member of the Senate on and from commencement day,
                 continues in office for the balance of the term of office that
                 applied to the person immediately before commencement day.

     54.         Section 11 amended
                 After section 11(c) the following paragraphs are inserted --
15                     "
                           (ca)   is removed from office by the Senate under
                                  section 11A;
                           (cb)   is, or becomes, disqualified from managing
                                  corporations under Part 2D.6 of the
20                                Corporations Act 2001 of the Commonwealth;
                                                                                  ".

     55.         Section 11A inserted
                 After section 11 the following section is inserted under the
                 heading relating to the Senate --
25   "
             11A.      Removal of Senate members for breach of certain
                       duties and suspension pending removal
                 (1)   The Senate may --
                        (a) remove from office a member of the Senate for
30                            breach of a duty mentioned in Schedule 1
                              clause 1(1), 2(1) or 3;


     page 48
                           Universities Legislation Amendment Bill 2005
                  University of Western Australia Act 1911       Part 6

                                                                      s. 55



            (b)    suspend from office a member of the Senate
                   who is alleged to have breached a duty
                   mentioned in Schedule 1 clause 1(1), 2(1) or 3
                   until the motion for removal is put to the vote.
 5   (2)   The removal or suspension from office may be effected
           only at a meeting of the Senate of which notice
           (including notice of the motion that the member
           concerned be removed or suspended from office for
           breach of duty) was duly given.
10   (3)   Despite section 25, the removal or suspension from
           office may be effected only if the motion for removal
           or suspension is supported by a majority comprising
           enough of the members for the time being of the Senate
           for their number to be at least 2/3 of the total number
15         of offices (whether vacant or not) of member of the
           Senate.
     (4)   The motion for removal or suspension must not be put
           to the vote of the meeting unless the member
           concerned has been given a reasonable opportunity to
20         reply to the motion at the meeting, either orally or in
           writing.
     (5)   If the member to whom the motion for removal or
           suspension refers does not attend the meeting, a
           reasonable opportunity to reply to the motion is to be
25         taken to have been given if notice of the meeting has
           been duly given.
     (6)   The Senate cannot remove or suspend from office a
           member of the Senate for breach of a duty mentioned
           in Schedule 1 clause 1(1), 2(1) or 3 except in
30         accordance with this section.
     (7)   A person must not vote on any question relating to the
           person's removal or suspension from office by the
           Senate for the breach of a duty mentioned in
           Schedule 1 clause 1(1), 2(1) or 3, or be present while
35         the matter is being considered at a meeting.

                                                               page 49
     Universities Legislation Amendment Bill 2005
     Part 6          University of Western Australia Act 1911

     s. 56



                  (8)   This section applies only in relation to a breach of a
                        duty mentioned in Schedule 1 clause 1(1), 2(1) or 3
                        that occurs after the Universities Legislation
                        Amendment Act 2005 comes into operation.
 5                (9)   A person does not breach a duty mentioned in
                        Schedule 1 clause 1(1)(a), (b) or (c) by doing or
                        omitting to do anything in compliance with a direction
                        given to the person in exercise of a power conferred by
                        a written law.
10               (10)   Subsection (9) does not extend to the manner in which
                        a thing is done or omitted if it is done or omitted in a
                        manner that is contrary to Schedule 1 clause 1(1)(a),
                        (b) or (c) and the direction did not require that it be
                        done in that manner.
15               (11)   The suspension from office of a member of the Senate
                        does not create a vacancy in that office.
                                                                                    ".

     56.          Section 12 amended
                  Section 12(3) and (4) are repealed and the following subsections
20                are inserted instead --
             "
                  (3)   Subject to section 11, the Chancellor holds office for
                        an initial term of up to 4 years, and from a day, that is
                        determined by the Senate.
25                (4)   A person who has held office as Chancellor for an
                        initial term is eligible to hold office for a subsequent
                        term or terms as long as any consecutive period of
                        membership does not exceed 12 years.
                                                                                    ".




     page 50
                                      Universities Legislation Amendment Bill 2005
                             University of Western Australia Act 1911       Part 6

                                                                               s. 57



     57.       Section 12A amended
               Section 12A(2) and (3) are repealed and the following
               subsections are inserted instead --
           "
 5             (2)   Subject to section 11, the Pro-Chancellor holds office
                     for an initial term of up to 4 years, and from a day, that
                     is determined by the Senate.
               (3)   A person who has held office as Pro-Chancellor for an
                     initial term is eligible to hold office for a subsequent
10                   term or terms as long as --
                       (a)    any consecutive period of membership does not
                              exceed 12 years; and
                      (b)     the person continues to be a member of the
                              Senate.
15                                                                                ".

     58.       Section 16EA inserted
               After section 16E the following section is inserted --
     "
           16EA.     Relief of Senate members from liability
20                   If, in any civil proceeding against a person who is or
                     was a member of the Senate for negligence, default,
                     breach of trust or breach of duty in the person's
                     capacity as a member of the Senate, it appears to the
                     court that the person --
25                     (a)    is, or may be, liable in respect of the
                              negligence, default or breach;
                      (b)     has acted honestly; and
                       (c)    ought fairly to be excused for the negligence,
                              default or breach having regard to all the



                                                                           page 51
     Universities Legislation Amendment Bill 2005
     Part 6          University of Western Australia Act 1911

     s. 59



                              circumstances of the case, including those
                              connected with the person's appointment,
                      the court may relieve the person either wholly or partly
                      from liability on such terms as the court thinks fit.
 5                                                                               ".

     59.       Section 21 amended
               Section 21(3) is amended by deleting "Subject to section 11, a"
               and inserting instead --
               "    A ".

10   60.       Section 23 amended
               Section 23 is amended by deleting "section 10A(3)," and
               inserting instead --
               "    section 9(4),   ".

     61.       Section 24A inserted
15             After section 24 the following section is inserted --
     "
             24A.     Disclosure of interests
                      Schedule 1 Division 2 has effect.
                                                                                 ".




     page 52
                                       Universities Legislation Amendment Bill 2005
                              University of Western Australia Act 1911       Part 6

                                                                                  s. 62



     62.        Schedule 1 inserted
                After section 42 the following Schedule is inserted --
     "
                          Schedule 1 -- Senate members
 5                                                                   [s. 10, 11A, 24A]

                                    Division 1 -- Duties

           1.         Duties
                (1)   Each member of the Senate --
                        (a) must at all times act honestly in the performance of
10                           the functions of a member of the Senate, whether
                             within or outside the State;
                        (b) must at all times exercise the degree of care and
                             diligence in the performance of the functions of a
                             member of the Senate, whether within or outside the
15                           State, that a reasonable person in that position
                             would reasonably be expected to exercise in the
                             Senate's circumstances;
                        (c) must at all times act in the best interests of the
                             University and give precedence to the interests of
20                           the University over the interests of any person
                             appointing or electing a member of the Senate;
                        (d)    must not, whether within or outside the State, make
                               improper use of information acquired by virtue of
                               the position of member of the Senate to gain,
25                             directly or indirectly, an advantage for any person
                               or to cause detriment to the University;
                        (e)    must not, whether within or outside the State, make
                               improper use of the position of member of the
                               Senate to gain, directly or indirectly, an advantage
30                             for any person or to cause detriment to the
                               University.




                                                                              page 53
     Universities Legislation Amendment Bill 2005
     Part 6          University of Western Australia Act 1911

     s. 62



                  (2)   Nothing in subclause (1) or section 11A or 24A affects --
                         (a) any other duty a member of the Senate may have
                               under any other law; or
                          (b)   the operation of any other law in relation to such a
 5                              duty.

                            Division 2 -- Disclosure of interests
             2.         Disclosure of interests
                  (1)   A member of the Senate who has a material personal interest
                        in a matter being considered or about to be considered by
10                      the Senate must, as soon as possible after the relevant facts
                        have come to the member's knowledge, disclose the nature
                        and extent of the interest at a meeting of the Senate.
                  (2)   A disclosure under subclause (1) is to be recorded in the
                        minutes of the meeting.

15           3.         Voting by interested members
                        A member of the Senate who has a material personal interest
                        in a matter that is being considered by the Senate --
                          (a)   must not vote whether at a meeting or otherwise --
                                 (i) on the matter; or
20                                (ii)   on a proposed resolution under clause 4 in
                                         respect of the matter, whether relating to
                                         that member or a different member;
                                and
                          (b)   must not be present while --
25                                 (i)   the matter; or
                                  (ii)   a proposed resolution of the kind referred to
                                         in paragraph (a)(ii),
                                is being considered at a meeting.




     page 54
                                 Universities Legislation Amendment Bill 2005
                        University of Western Australia Act 1911       Part 6

                                                                               s. 62



     4.         Clause 3 may be declared inapplicable
                Clause 3 does not apply if the Senate has at any time passed
                a resolution that --
                   (a) specifies the member, the interest and the matter;
 5                       and
                  (b)    states that the members voting for the resolution are
                         satisfied that the interest should not disqualify the
                         member from considering or voting on the matter.

     5.         Quorum where clause 3 applies
10              Despite section 25, if a member is disqualified under
                clause 3 in relation to a matter, a quorum is present during
                the consideration of the matter if at least 7 members of the
                Senate are present who are entitled to vote on any motion
                that may be moved at the meeting in relation to the matter.

15   6.         Minister may declare clauses 3 and 5 inapplicable
          (1)   The Minister may, on the application of a member of the
                Senate, by writing declare that clause 3 or 5 or both of them
                do not apply in relation to a specified matter either generally
                or in voting on particular resolutions.
20        (2)   The Minister must cause a copy of a declaration made under
                subclause (1) to be laid before each House of Parliament
                within 14 sitting days of that House after the declaration is
                made.
                                                                                  ".

25




 


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