THE UNIVERSITY ACT 1890.
V I C T O R I A .
A N N O Q U I N Q U A Q E S I M O Q U A R T O
VICTORIA REGIN.E.
No. MCLI.
A a A c t to consolidate the Law relating to the University of Melbourne.
[10th July, 1890.]
B
E it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say) :—1. This Act may be cited as " The University Act Short title 1890 " and shall come into operation on the first day J ^ ,0^ of August one thousand eight hundred and ninety.
2. The Acts mentioned in the Schedule to this Act JfJP**1. to the extent to which the same are thereby expressed oohedule.
to be repealed are hereby repealed' Provided that such repeal shall not affect any appointment election regulation or statute made or any degree diploma or certificate given or any licence granted or any lease
16
THE CNIVEB8ITY ACT, 1890.Meaning ot
"Oovemor."
University to constat ot a Council and Senate.
16 Viet No.
84 ». L
Tenure ot office of certain
or mortgage entered into or executed under t h e said Acts or either of them before t h e commencement of this Act.
8. I n this Act unless inconsistent with the subject- matter or context " Governor" shall mean t h e officer administering t h e Government of Victoria not acting under t h e advice of a Minister responsible to Parlia- ment.
4. A University consisting of a Council and Senate is hereby declared t o have been established a t Mel- bourne and shall be a body politic and corporate by t h e name of " The University of Melbourne" and by such name shall have perpetual succession a n d shall have a Common Seal and shall by t h e same name sue and be sued plead and. be impleaded, and answer and be answered unto in all Courts of Victoria, and shall be capable in law to take purchase and hold all goods chattels and personal property whatsoever and shall also be able and capable in law t o receive take purchase and hold for ever not only such lands build- ings hereditaments and possessions as may from time t o time be exclusively used a n d occupied, by t h e im- mediate requirements of t h e said University b u t also any other lands buildings hereditaments and posses- sions whatsoever situate in Victoria or elsewhere and shall be able a n d capable in law to grant demise alien or otherwise dispose of all or any or t h e property real or personal belonging to t h e said University and'also to do all other matters a n d things incidental or apper- taining to a body politic Provided t h a t i t shall not be lawful for t h e said University to alienate mortgage charge or demise any lands tenements or heredita- ments of which it shall have become seized or to which i t may become entitled by grant purchase or otherwise unless with, t h e approval of the Governor and Execu- tive Council of Victoria for t h e time.being except by way of lease for any term not exceeding twenty-one
S
ears from t h e time when such, lease shall be made i and by which there shall be reserved during t h e whole of t h e term t h e highest rent t h a t can be reason- ably obtained for t h e same without fine.6. Every person who on t h e seventh day of J u n e one thousand eight hundred and eighty-one was and
THE DNIVKB81TY ACT. 1890. 1 7
now is a m e m b e r of t h e Council of t h e University J-JS?1 ^ J *a
shall hold office d u r i n g his life or u n t i l t h e occurrence "°The (jni.
t o him of some of t h e events hereinafter mentioned on-sity Act a s vacating seats i n t h e Council. 1881" '• s-
6. T h e Council shall be elected by t h e Senate of t h e c° J ^t ui1,o n
University a n d shall consist of t w e n t y male members /(,. , ™ ' Provided t h a t notwithstanding a n y law t o t h e con-
t r a r y no person who holds a n y salaried office in t h e University a s a dean of faculty professor lecturer or examiner shall on t h a t account b e incapable of being elected a n d of serving as a member of t h e Council Provided also t h a t t h e n u m b e r of such officers in t h e Council a t t h e t i m e shall not exceed three.
7. Except a s hereinbefore provided every member TllJ.g1?,0' of t h e Council shall hold office for five years b u t shall members of be capable of re-election or re-appointment. Council.
lb. t. 5.
8. If any member of the Council by writing under Office of his hand directed to the Chancellor of the University gj^l'how resign his office or if he be declared by commission or vacated, otherwise of unsound mind or if he become insolvent lb. s. «.
or if he be convicted of any felony or misdemeanour or if without special leave previously granted by the Council he absent himself from all meetings of the same during six consecutive months his office shall become vacant.
9. Subject t o such regulations as t h e Senate b y its yaoa?{]12?
s t a n d i n g orders may from time t o t i m e provide i t jbTs. 7_ shall b e lawful for members of t h e Senate to give t h e i r votes a t elections b y voting papers.
10. No member of t h e Council shall be entitled t o J J j J ^ "0] vote either i n t h e Council or in any committee thereof to vote ° on any subject i n which h e h a s a direct pecuniary where interest a n d t h e vote of a n y member so interested fH*e,*'te(1- '
shall b e disallowed. "•*-8-
11. The Council shall elect two of its own members S8^ ? ,0* to be Chancellor and Vioe-Chancellor respectively andonTo©.
annually or whenever a vacancy occurs. Chancellor.
lb. t. 9. '
12. T h e Senate shall consist of a l l male persons " The Uni- who have been or who may hereafter b e a d m i t t e d t o JSjJfS" 4 J a n y degree of doctor or master in t h e said University, constitution
of Senate.
2
18
THE UNIVERSITY ACT, 1890.Election ot Warden.
lb. s. 11.
Questions, how decided 16 Vict. Ho.
St*. 4.
Chairman*
ship of Council and Senate.
lb. s. 6.
Council to have entire manage- ment of the University.
lb. s. «.
The last pre- ceding sec- tion not to restrict cer- tain powers of the Unl.
versltv.
" The Vni- vertily Act 1881 "f. 13.
Council to make sta- tutes, with approval ot the Senate.
16 Vict. So.
Ms. 7.
18. T h e Senate shall elect one of its own members to be Warden annually or whenever a vacancy occurs.
14. All questions which shall come before t h e said Council or Senate respectively shall be decided by t h e majority of t h e members present and the Chairman a t any such meeting shall have a vote and in case of an equality of votes a casting vote and no question shall be decided a t any meeting of t h e said Council unless six members thereof be present or a t any meeting of t h e said Senate unless twenty members
thereof be present. (
16. At every meeting of t h e Council t h e Chancellor or in his absence t h e Vice-Chancellor shall preside as Chairman and a t every meeting of t h e Senate t h e Warden shall preside a s Chairman and in t h e absence of the Chancellor and Vice-Chancellor t h e members of the Council present and in the absence of t h e Warden t h e members of t h e Senate present shall elect a Chairman.
16. The said Council shall have full power to appoint and dismiss all Professors Officers and Ser- vants of t h e said University and shall have the entire management and superintendence over the affairs concerns and property thereof subject to the statutes and regulations of the said University.(o)
17. Nothing in the last preceding section shall be deemed either to restrict the power of the University to make any statute or regulation for t h e good govern- ment thereof or to impose upon t h e Council any duty inconsistent with any such statute or regulation.
18. T h e s a i d C o u n c i l s h a l l h a v e f u l l p o w e r t o m a k e a n d a l t e r a n y s t a t u t e s a n d r e g u l a t i o n s (so a s t h e s a m e (a) At a visitation held at the University on July 16th, 1871, by His Excellency Viscount Canterbury as visitor, assisted by Holes- mrth. J., the visitor said, " I think that the words' subject to the statutes and regulations ot the said University' apply to the whole of the powers vested In the Council by this section and I am of opinion, therefore. It must be held that the founder contemplated the enactment, by the constituted authorities, of statutes or regula- tions which would be binding on the Council In the exercise by them of any or all of the powers thus vested In them. In the absence of any statute or regulation to the contrary, the Council may exercise, according to their discretion, all the powers vested In them by this section."—See S A.J.R., DL
THE UNIVERSITY ACT, 1900. 19 be not repugnant to any existing law or to the pro- visions of this Act) touching the discipline of the said University' the number stipend and manner of appointment and dismissal of the Officers (o) thereof the matriculation of students. the examination for Fellowships Scholarships Prizes Exhibitions Degrees or Honours and the granting of the same respectively the fees to be charged for matriculation or for any such examination or degree the lectures or classes of the Professors and the fees to be demanded by them the manner and time of convening the meetings of the said Council and Senate and in general touching all other matters whatsoever regarding the said Uni- versity Provided always that no new statute or regu- lation or alteration or repeal of any existing statute shall be of any force until approved by the Senate, (o)
(a) Per the visitor (ubi tupro) " I am of opinion that the word ' officers' as used in the 7th section ot the Act (section 8 at this Act) includes professors and that this the 7th section therefore authorises the enactment of all the statutes or regulations contem- . plated as possible or probable In the preceding section (the sixth),
far the word 'officers' Is unquestionably sufficient! v large to em- brace professors, and the Act contemplates stipends for the pro- fessors, and unless statutes could be made under section 7 lor the regulation of these stipends they could not be regulated at all.
But while I am of opinion that It Is competent for the constituted authorities to regulate by statute the number, stipend, and manner of appointment and dismissal of the professors as well as ot the other officers of the University, 1 do not think that the words 'shall have power* at the commencement of the 7th section of the Act by themselves render it absolutely Imperative on those In whom the power of making statutes or regulations is thus vested to Increase that power. And 1 am of opinion that in the absence of any statute or retaliation to the contrary, the Council may exercise, according to their discretion, all the powers vested In them by the 6th section of the Act."—See 2 A.J.R., 01.
(6) By the visitor (ubi supra) " I cannot discover in the Act of incorporation any provision investing the Council and Senate with equal authority on any one subject or any si(rn that It was the . Intention of the founder that this equality should exist; on the contrary, it'Is, I think, clear that by the Act of incorporation executive and administrative functions are vested in the Council alone. The exercise by the Council of their executive and ad- ministrative powers Is controlled or controllable by the University statutes (mane or to be made) as well as, of course, by the law of Victoria, and In passing such statutes the Senate has a voice. But the legislative powers vested In the Senate are not co-ordinate with those of the Council: for it is for the Council to frame and initiate ' every statute, while the* power of the Senate is limited to the
acceptance or rejection, as they may think fit, of the statutes which may be presented to them by the Council." By a later Act power of amendment is given, see section 19.—See 2 A.J.K., 92.
20
THE UNIVERSITY ACT, 1890.Senate may amend but notoriglnnte statutes.
"The Uni- versity Act 1881 "(.12.
Colleges maybe affiliated, and Board- ing Houses licensed.
16 Vict. So.
841.8.
Statutes to be allowed by Governor.
A s . 9.
19. The Senate may amend any statute or regula- tion submitted by t h e Council for their approval and may return t h e same so amended for t h e further con- sideration of t h e Council b u t shall not originate any statute or regulation.
20. I t shall be lawful for the said University to make any statutes for t h e affiliation to or connection with t h e same of any College or Educational Establish- ment to which t h e governing body of such College or Establishment may consent and for the licensing and supervision of Boarding Houses intended for t h e reception of students and the revocation of such licenses Provided always t h a t no such statutes shall affect t h e religious observances or regulations en- forced in such Colleges Educational Establishments or Boarding Houses.
21. All such statutes and regulations as aforesaid shall be reduced to writing and t h e Common Seal of t h e said University having been affixed thereto shall be submitted to t h e Governor t o be allowed and countersigned by him and if so allowed and coun- tersigned shall be binding upon all persons members of t h e said University and upon all candidates for degrees to be conferred by the same and the produc- tion of a verified copy of any such statutes a n d regu- lations under t h e said Seal shall be sufficient evidence of t h e authenticity of t h e same in all Courts of Justice.
22. Every student being an undergraduate shall during such terms of residence as t h e said University may by statute appoint dwell with bis parent or guardian or with some near relative or friend selected by bis parent or guardian and approved by the Chancellor or Vice-Chancellor or in some Collegiate or Educational Establishment affiliated to. or in con- nection with t h e University or in a Boarding Bouse licensed as aforesaid.
No religious 23. No religious t e s t shall be administered to any n^mrtered4 P8 1 8 0 1 1 ^ order to entitle him to be admitted as a lb. 1.12. ' student of' t h e said University or to hold office
therein or t o graduate thereat or t o hold any advantage or. privilege thereof.
Students to be In residence during term.
n.s. ii.
T H E UNIVERSITY ACT, 1890. 21 24. I t shall be lawful for t h e Governor by warrant under his hand addressed to t h e Treasurer of Victoria t o direct to be issued a n d p a i d out of t h e General Bevenne t h e sum of Nine Thousand Founds in every year as a fund for maintaining the said University and for defraying t h e several stipends which may be appointed t o be paid to the several Professors Officers and Servants to be appointed by such University and for defraying the expenses of such Fellowships Scholarships Prizes and Exhibitions as shall be awarded for t h e encouragement of students in such University and for providing a Library for the same and for discharging all necessary charges connected with t h e management thereof.
25. Subject to the statutes and regulations of t h e University t h e Council may after examination confer in any Faculty except Divinity any degree diploma certificate or license which can now be conferred by any University in t h e British Dominions Provided t h a t t h e University may make such statutes or regu- lations as it thinks fit for t h e admission without examination to any such degree of any person who may have graduated a t any other University Pro- vided also t h a t all persons who a t the time of t h e passing of " The University Act 1881" have been admitted to t h e degree of Bachelor of Laws may subject to the statutes of the University as soon as they have been during five years engaged in t h e practice of their profession as barristers or attorneys be admitted without further examination to t h e degree of Master of Laws.
26. The provisions of this Act shall except as afore- said extend to both sexes and every person who has fulfilled t h e conditions prescribed by t h e statutes and regulations of t h e University for t h e time being for matriculation or for admission to any degree diploma certificate or license may be admitted to matriculate or to such degree or may receive such diploma certifi- cate or license as t h e case may be But the Council may if it thinks fit exclude females from attendance a t any lectures but not from any examination in t h e University.
27. The Council shall in every year report t h e pro- ceedings of t h e University during t h e previous year
16 Viet No.
Sis. IS.
Endowment
What de- grees maybe conferred.
•' The Uni- versity Act 1881" 1.14.
This Act to apply to both sexea 76. ». 16.
Council to report annn-
22
THE UNIVERSITY ACT, 1890.St f. 14.
"THe Uni- versity Act 1881 " S . L
ally to the to the Governor and such report shall contain a full w r i ^ ' s o . account of the income and expenditure of the said
University audited in such manner as the Governor may direct and a copy of every such report and of all the statutes and regulations of the University allowed as aforesaid by the Governor shall be laid in each ye:ir before the Legislative Council and the Legislative Assembly.
Oovemor to 28. The Governor of Victoria for the time being 16 VHeTso, 8 n a U ^ t n e Viflitor of the said University and shall 34». is.' have authority to do all things which appertain to
Visitors as often as to him shall seem meet.
Sections.
Date ot Act.
18 Vict No. 84 . .
44Ylrt.No.691 . .
SCHEDULE.
Title of Act ' A n Act to Incorporate and Endow the Univer- sity of Melbourne,''
» The University Act 1881."
Extent ot Repeal So much as Is not already repealed.
The whole.
