O 1 lnterpretatwn
1 In these statutes -
the mascuhne includes the fem1n1ne and vice versa the smgular mcludes the plural and vice vers~, expressions refernng to writing shall unless the contrary intention appears1 be construed as including references to pnntmg, lithography, photography and other modes of representmg or reproducmg words m a V1S1ble form words or expressions contained in these statutes shal! be mterpreted m accordance with the provisions of the Acts Interpretation Act 1915 1975 (as amended) and of The Flinders University of South Australia Act 1966 (as amended) as m force at the date at which these statutes become bmdmg upon the Uruvers1ty 2 In these statutes a reference to a commtttee
which comnuttee IS not conshtuted by virtue of the statutes, means a comnuttee constituted by resolution of the Council of The Flinders Umversity of South Australia in pursuance of its powers under Sections 19 and 19a of The Flinders University of South Australia Act 1966 (as amended)
11 The Common Seal
1 The Chancellor, the Pro Chancellors, the Vice Chancellor1 the Deputy Vice Chancellor the Pro Vice Chancellors and the Charrperson of the Resources Committee shall be the custodians of the Uruvers1ty Seal
2 In the case of certificates for degrees and diplomas the Seal may be affixed 10 the presence of, and the affixmg may be attested by the Chancellor, a Pro Chancellor the Vice Chancellor a Deputy Vice Chancellor or a Pro Vice Chancellor alone
3 If before the time fixed for the next ensuing meeting of the Council two of the custodians (one being the Chancellor, a Pro-Chancellor or the Chairperson of the Resources Committee and other being the Vice Chancellor1 Deputy Vice Chancellor or a Pro Vice Chancellor) are sabsfied that-
(a) the sealmg of the document IS urgently reqwred and should not be delayed unbl the next Council meebng,
(b) the document 1s not one which reqmres the approval of the Governor under sub section (4) of Section 3 of The Flinders University of South Australia Act 1966 (as amended), and
(c) the doc'!!!lent " one the seahng of which the Council would be hkely to approve,
those two custochans may authonse the affixmg of the Seal to that document The affixmg of the Seal on the document shal! be attested by the Signatures of the two custodians who have so authonsed it and of the officer who affixed it and every such case shall be reported to the C1ouncil at its next meebng The following fonn of words shall be used on documents to which the seal 1s affixed 10 accordance with this clause
'The Common Seal of The Flmders Uruvers1ty of South Austraha was affixed hereto pursuant to Clause 3 of Statute 11 of the Statutes of the Umversity on the dayof _ _ 19_
Custodians of the Seal' Affixmg Officer'
4 In al! other cases the Seal shall be affixed to documents only by direction of the Council and m the presence of one of the custodians, and the affixmg of the Seal shall be attested by the signatures of the custodian in whose presence it was affixed and of the officer who affixed it The following form of words shall be used on documents to which the Seal ts affixed by chrecbon of the Council 10 accordance with tins clause
1By authority of the Council given on the
_ _ _ _ day of 19 _ _
the Common Seal of The Flinders Uruversity of South Australia was affixed hereto on the
_ _ _ day of 19 _ _
CUstochan of the Seal Affixmg Officer'
1 2 University Colours and Insignia
1 The colours of the University shall be dark blue hght blue and white The dark blue and bght blue shall be colour standards BCC89 and BCC194 respecllvely m The Brit1Sh Colour Council Dictionary of Colour Standards London, Bnb.sh Colour Council, 1934
2 A copy of The Brit1Sh Colour Council Dictionary of Colour Standards shall be held m the Umversity Library and a copy shall be held m the custody of the Reg1Strar for reference to the colour standards
3 The mstgnia of the Umversity shall be a shield bearing a golden radiant sun at the base surmounted by a white open book on a blue background The gold and blue shall be colour
Statutes
standards BCC52 and BCC89 respecttvely in The British Colour Council Dictionary of Colour Standards1 London, Bnbsh Colour Counctl, 1934 On the pages of the book shall be pnnted m black Imes 23 to 31 on page 176 of Volume I of Matthew Flmders' A Voyage to Terra Australis The shield shall be sur mounted by a crest compnsmg a reproducbon of Matthew Flmders' ship lnvesUgator fully ngged with grey (colour standard BCC188) hull and white satls and the bow pointing to the left hand side of the shield Beneath the ship shall be a wreath diagonally striped m the Uruvers1ty's colours of dark blue, light blue and white
4 A copy of the 1ns1gn1a as approved by the Council shall be held m the custody of the Registrar
5 The 1ns1gn1a of the Un1vers1ty shall be used depicted and dtsplayed only m such manner and under such cond1hons as the Registrar shall approve
21 The Chancellor
The Chancellor shall hold office for five years from the date of Ins appomtment and shall be eligible for reappointment
2 2
The Pro-Chancellors
1 The Council may from time to time appoint from among its members not more than two Pro Chancellors
2 The Pro Chancellors shall hold office for five years from the date of their appointment and shall be eligible for reappointment
3 At the request of the Chancellor, or 1n his absence and sub1ect to The Flinders University of South Australia Act 1966 1t shall be lawful for a Pro Chancellor to do any act matter or thmg which the Chancellor 1s orcbnanly empowered to do
2 :> The Vice-Chancellor
I The Vice Chancellor shall be the chief execubve officer of the Un1vers1ty As such, he or she shall, sub1ect to the statutes and regulation of the University and to the resolubons of the Council advise the Council on and exercise a general supenntendence over the affall'S of the Uruversity
2 The Vice Chancellor shall receive all agenda, papers nunutes and reports of every board and comnuttee within the University and may, If he or she so desires, attend any meeting of any board and comnuttee
3 The Vice Chancellor may be appointed with tenure until the end of the calendar year 1n which he or she reaches the age of sixty five years, or mibally for a fixed tenn of years with
59
provtsion for renewal for a further term or terms
4 Any complaint or report of neglect or misconduct on the part of the Vice Chancellor shall be made m Wl'ltmg to the Chancellor If the Chancellor1 after such consultabons as he or she deems expedient decides that any complamt or report should be brought to the attenbon of the Counctl he or she shall at least seven days before the meebng of the Counctl at which the complaint or report 1s first considered, send a copy of the complaint or report to the Vice Chancellor and shall mform him or her in writing that the complaint or report will be considered by the Council on a day stated
5 The provision of Clauses 6 to 10 1nclus1ve and 14 to 19 inclusive of the Statute 2 5 The Academic Staff shall apply also to the Vice Chancellor who shall for this purpose be treated as a member of the academic staff, except that in Clause 18 of that statute the Chancellor shall be substituted for the Vice Chancellor
6 (!) Except as provided In sub clauses (4) and (5) hereof, the Vice Chancellor may, at Ins or her dtscrebon, delegate any of his or her powers duties or responstblhbes mcludmg those reqwred of the Vice Chancellor by any statute of the Uruvers1ty to
(a) a Deputy Vice Chancellor, a Pro Vice Chancellor the Director of Adrrurustratton and Registrar, (b) such other officers as the Council
may authorise in respect of such matters as the Council may authonse
Such delegation may be revoked by the Vice Chancellor at any bme and shall not derogate from the power of the Vice Chancellor to act 1n any matter
(2) A delegat10n under this clause of the power, duty or responsibility to act as chair of any committee shall not preclude the Vice Chancellor from attending any meebng of that committee
(3) If the Vice Chancellor attends any meebng of which his or her delegate under this clause is chair the Vice Chancellor may speak but not vote at such meetmg.
(4) The power conferred on the Vice Chancellor under this clause does not extend to the delegabon of any authonty conferred by Statute 2 5
(5) The Council may by resolution preclude the Vice Chancellor from making any specific delegation under this clause, or rescind any such delegation which has been made
60
2 5 The Academic Staff
1 For the purposes of all these statutes other than Statute 8 1 the expression the acadenuc staff means (unless some other mearung 1s clearly intended) all professors, readers, senior lecturers and lecturers who are either in the full bme employment of the UruverSlty or have been permitted by the Un1vers1ty to convert therr appombnent from full bme to part bme, and does not include any temporary or visltmg academic staff or any other officers or employees of the University nolwlthstanding that such officers or employees may be of a categoiy classtfied by the Counctl as a categoiy of academic staff for the purposes of the def1n1tton of 'academic staff' appearing 10 Secbon 2 of The Flinders University of South Australia Act, 1966
2 There shall be such members of the acadenuc staff as the Council may decide
3 Every member of the academtc staff shall hold office under the terms of this statute and his contract of employment
4 Any person who IS for the first bme appomted as a member of the academic staff other than as a Professor shall be appointed m the fust instance for a penod of four years unless the Council 1n any particular case otherwise determines Every such person who ts thereafter further appomted as a member of the academic staff and every Professor shall, sub1ect to the proVIsions of Clauses 7, 9and12 of tlus statute hold office until and no longer than the 31st day of December of the year tn
which he attams the age of 65 years ProVlded always that If a financial emergency shall anse necessitating retrenchment of staff (of which the Counctl shall be the sole 1udge) the Council may d.tspense with the services of any one or more members of the acadenuc staff by givmg to each of those members six months' nobce 10 wnbng
5 (!) If the Council shall dispense with the services of a member of the academic staff by reason of financial emergency the member may not later than one calendar month after his services shall have been so tenrunated request the Uruvers1ty to retam any policies or moneys held on hts behalf by the University for superannuation purposes Whilst the University shall conbnue to hold such pohc1es or moneys pursuant to such request the University shall during the period hereinafter specified continue to pay its super annuahon contribubons on behalf of the member The penod mentioned above shall temunate on the death of the member or on lus obtrun10g employment whtch 1n the opm1on of the Council shall be reasonably
Volume 1, 1997
eqmvalent or at the end of three years from the date upon which his services were dispensed with whichever shall be the shortest
(2) When, after a financial emergency, the University 1s in a positron to fill acadenuc posts, the Council shall, dunng a period of three years from the dates of their retrenchment
(a) offer to remstate retrenched members to vacancies which the University proposes to fill 1n their former d!Sctplmes and
(b) wherever possible attempt to offer re instatement to all retrenched members
Thts sub sectrnn shall apply only if the address of such member 1s known to the Council and the offer shall remain open only for such linuted tnne as the Council may determine to be reasonable 1n the crrcumstances
6 A member may resign h!S office by glvmg at least six months' nobce 10 wnbng m whtch he proposes a date of res1gnab.on The resignation shall take effect on the date proposed by the member ti that date Is approved by the Counctl If the Council does not approve that date, the res1gnabon shall take effect on some other date agreed by the member and the Council and fa1hng agreement on some other date shall take effect at the end of the first semester or on 31 December whichever of those two dates shall first occur after stx months from the date on which notice of res1gnabon was given 7 (a) If1 m the op1n1on of the Council, a member
of the academic staff is by reason of physical or mental illness, unable to perform the dubes of lns or her office (!) the Counctl may appomt a substitute
or substitutes and during that appointment the members shall receive such salary (if any) as the Council shall direct, and
(2) If tn the opuuon of the Counctl, the lnabtltty of the staff member to perform h1S or her dubes ts bkely to be prolonged, the Counctl (whetl)er or not it has acted under sub paragraph (1) may terminate the appo10tment of the member
(b) The provisions of thts clause apply to all members of the acadenuc staff, whether or not 1n office at the bme when tlus clause came into operabon
8 No member of the acadeIIllc staff shall take any outside employment, regular or casual, without the perrrussion of the Council
Statutes 61
9 U any member of the academic staff shall be complaint or report be made to the Vice elected or otherwise become a member of Chancellor Should the Vice Chancellor, after Parhament he shall vacate his office from the such consultations as he deems expedient day on wluch he first becomes entitled as such decide that any complaint or report should be member to receive his salary or allowances brought to the attention of the Council he 10 The Council may grant to any member of the shall at least seven days before the meebng of academic staff leave of absence from the dub.es the Council at which the complaint or report is of lus office for such penod1 for such purpose first considered, send a copy of the complaint and on such condibons as 1t shall m each case or report to the member concerned and shall
detenrune inform him in wntJ.ng that the complaint or
II Professors shall perform such duties as the report will be considered by the Counctl on a Council may from tune to b.me deternune and day stated
shall be responsible to the Council for the 14 The Council shall mqwre mto any complamt proper carrying out of those duties Other or report placed before it under Clause 13 members of the acadetnlc staff shall perform hereof The Council may and shall if requested such duttes as the Councll may from time to by the member concerned or by any three time deternnne or the Professor or head of the members of the Council refer the complamt or faculty to whom they are responsible may from report to a Commission of Inquiry
time to bme detemune and properly require 15 Sub1ect to the provts1ons of Clause 18 hereof a Such other members of the acadenuc staff shall Comm1ss1on of Inquiry shall consist of a be responstble to such Professor or head of the Chairperson and four members selected on faculty for the proper carrying out of their each occasion 1Il the manner prescnbed m the duties and shall work under the general Regulabons hereto The Charrperson shall be a d1rechon of such Professor or head of the pracbt10ner of the Supreme Court of South
faculty Austraha who 1s not a member of the Council
12 (1) Eveiy member of the Academic Staff shall or of any comnuttee of the Un1vers1ty or of the dil!gently perform the duties lawfully staff of the Umversity or a student of the reqwred of htm A member may after such Umversity and who shall be nommated by the 1nqwnes as are heremafter prescnbed1 but President for the tnne being of the Law Society only on the recommendation of the of South Australia Inc The other members of a Comm1ss1on hereinafter referred to be Comnnss1on shall be members of the academic dismissed from office by the Council on staff of the Un1vers1ty who have been any of the followmg grounds appomted pursuant to Clause 4 hereof to hold (a) gross or persistent neglect of his office unbl 31 December of the year 1n which dubes, or they attain the age of 65 years, of whom one (b) senous tnlSconduct in the pedonn shall be a professor, one shall be a reader and ance of lus duties or two shall be erther two senior lecturers or two (c) mcompetence in the perfonnance of lecturers or one senior lecturer and one lecturer Any academic staff member or
lus dutJ.es, or members who have made a complaint of
(d) conv1chon by any Court of any neglect or misconduct or incompetence on the felony or misdemeanor 1n c1rcum part of another acadenuc staff member shall be stances which, m the oplillon of the inehglble to serve as a member of a Comnuttee Comtrussion hereinafter referred to, of Inquuy estabhshed to hear that complamt are such as to show serious moral
turpitude on his part 16 Pending the determination of the matter the (2) The Comm1ss1on hereinafter referred to Counol may If it tlunks 1t necessary in the best shall not make a recommendation of interests of the Un1vers1ty temporanly suspend dismissal of a member from office to the the member from his office without loss of Counctl on the ground of incompetence in salaiy
the performance of his dutles unless it 1s 17 In a case where the complamt or report 1s not satisfied that the member was given referred to a Comm1ss1on of Inquiry the wanung of the necessity to lmprove m the Counol shall nevertheless before reachtng any performance of his duties and that the dec1s1on consider any wntten representatlons member thereafter did not adequately so submitted by or on behalf of the member and improve 1n the performance of his dubes shall If the member so requests grant him an 13 Any complamt of such neglect or misconduct opportunity to appear before and address the or incompetence on the part of any member of Counol either 1n person or by a representabve the acadenuc staff and any report of any such 18 No person who m1bates or makes a complaint convtchon shall be m wnbng and shall, unless or report to the Vice Chancellor shall be pre the Vice Chancellor shall himself make such sent dunng any cons1derabon by the Council of