Table of Contents
MELBOURNE UNIVERSITY ACT 1958
Preliminary
Part I—Constitution and Government of the University:
Division 1—The University Division 2—The Council
Division 3—Convocation and its Committee Division 4—The Academic Board
Division 5—The Faculties
Division 6—Statutes and Regulations
Part II—Endowment Finance etc and Provision for Teaching etc and Free Places in Certain Courses and Subjects:
Division 1—State Grants and Provision for Teaching etc and Free Places in Certain Courses and Subjects
Division 2—University Students Loan Fund Division 3—Trust Property
Division 4 — Audit Division 5—Property
Sections
ss. 1-3 s. 4 ss. 5-20 ss. 20A-27 s. 28 s. 29 ss. 30-31
ss. 31-33
s. 36 ss. 37-40B s. 41 s. 41A
Part III—General ss. 42-47
Schedule
ROYAL LETTERS PATENT
No. 6405
An Act to consolidate the Law relating to the University of Melbourne
Be it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assem- bly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say): —
Short title and commencement.
1. This Act may be cited as the Melbourne University Act 1958*, and shall come into operation on a day to be fixed by proclamation of the Gover- nor in Council published in the Government Gazette.
The Melbourne University Act 1958 was assented to on the 30th September, 1958 and came into operation on the 1st April, 1959 (see Government Gazette 18th March, 1959 at page 893).
This reprint incorporates the amendments made to the Melbourne University Act 1958 by the following Acts:—
Name No. Date of Date of
Assent Commencement University (Honorary Degrees) Act 1959 6502 5.5.59 5.5.59 University (Officers) Act 1961 6802 5.12.61 5.12.61 University (Amendment) Act 1963 7068 3.12.63 3.12.63 University (Faculties) Act 1964 7141 5.5.64 5.5.64 Universities (Amendment) Act 1965 7362 21.12.65 21.12.65 Melbourne University (Chancellorship) Act
1966 7426 24.5.66 24.5.66
Education and Teaching Service (Amendment)
Act 1967 7533 17.3.67 17.3.67
Melbourne University (Amendment) Act 1967 7545 17.3.67 17.3.67 Melbourne University (Council) Act 1968 7758 18.12.68 18.12.68 Melbourne University (Property) Act 1969 7871 5.11.69 5.11.69 Statute Law Revision Act 1971 8181 23.11.71 23.11.71 Educational Lands Act 1973 8485 27.11.73 27.11.73 Melbourne University (Amendment) Act 1974
(as amended by No. 9019) 8638 17.12.74 15.1.75: Government Gazette 15.1.75 p. 85.
Statute Law Revision Act 1977 9019 17.5.77 15.1.75: Government Gazette 19.5.77, p.
1390
Melbourne University (Amendment) Act 1978 9123 16.5.78 26.6.78: Government Gazette 21.6.78, p. 1773
Crown Land (Reserves) Act 1978 9212 19.12.78 1.3.79: Government Gazette 21.2.79 p. 441
Statute Law Revision Act 1980 9427 27.5.80 27.5.80, subject to s. 6(2)
Crimes (Classification of Offences) Act 1981 9576 26.5.81 1.9.81: Government Gazette 26.8.81 p. 2799 Melbourne University (Amendment) Act 1981
(as amended by No. 9902 s. 2(1) and No.
10238 s. 11 9619 1.12.81 18.12.81: Govern-
ment Gazette
Post-Secondary Education (Amendment)
16.12.81 p. 4151;
see also s. 3(2)
Act 1981 9711 5.1.82 29.10.1986:
Proclamation of 28.10.86.
(Footnotes continued on next page.)
S. 1 amended by Nos. 7362 s. 9 (I)}, 7871 s. 3(a) (b), 8638 s. 13 (2), 9123 s. 2(a), 10238 s. 10(a).
1
Repeals and savings.
2. (1) The Acts mentioned in the Schedule to this Act to the extent thereby expressed to be repealed are hereby repealed accordingly.
(2) Except as in this Act expressly or by necessary implication provided — (a ) all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;
(b) in particular and without affecting the generality of the fore- going paragraph such repeal shall not disturb the continuity of status operation or effect of any regulation order statute degree diploma certificate licence election appointment reconstitution investigation report decision lease mortgage grant of land alie- nation investment grant loan account liability or right made affected issued entered into granted given paid accrued incurred or acquired or existing or continuing under such repealed Acts before the commencement of this Act.
Interpretation.
3. (1) In this Act unless inconsistent with the context or subject- matter —
"Casual vacancy" means a vacancy however occurring in the office of any member of the council or of any member of the graduate com- mittee otherwise than by the retirement of such member on the ex- piration of his term of office.
"Council" means council as constituted under this Act.
"Diplomate" means a person to whom a diploma of the University has been awarded, whether before or after the passing of this Act.
`Governor" means the Governor (or the person for the time being administering the Government of Victoria) not acting under the ad- vice of a Minister responsible to Parliament.
"Graduate" means a person upon whom has been conferred or who has been admitted without examination to any degree pursuant to any Act relating to the University for the time being in force and whether before or after the passing of this Act.
"Graduate student" means a person (not being an undergraduate stu- dent) who is for the time being enrolled as a student at the Universi- ty in a course or part of a course leading to a master's degree or a doctor's degree or to a diploma which the council has designated pur- suant to sub-section (2Xb ) as a post-graduate diploma.
"Head of an affiliated college" means the person who is the Warden of Trinity College, the Master of Ormond College, the Master of Queen's College, the Rector of Newman College, the Principal of University College, the Principal of St. Hilda's College, the Prin-
No. 3795 s. 3;
No. 5387 s. 2.
Ss. (1) renumbered by No. 9619 s. 2(1Xa).
Amended by No. 8618 s. 2(a).
Inserted by No. 8638 s-2(b).
Inserted by No. 7758 s. 2, amended by No.
8638 s. 2(c), substituted by No.
9619, s. 2(I)(b), amended by No.
10238 sol(a).
Substituted by No.
9619, s. 2(1Xe), amended by No. 10238 s.1(b).
Companies (Consequential Amendments)
Act 1982 9761 13.7.82 S. 2 on 30.3.82:
deemed by s. 2(2);
remainder of Act on same day as No.
9712-1.7.82: s.
1(2)
Melbourne University (Amendment) Act 1985 10238 10.12.85 7.1.86 See also the Monash University Act 1958 and
the La Trobe University Act 1964
tSub-sections (2) and (3) of section 9 of the Universities (Amendment) Act 1965 No. 7362 read:- 12) The University Act 1958 shall hereafter be known and cited as the Melbourne Univenity Acr 1958.
(3) Any reference in any Act or in any proclamation appointment order in council order rule regula- tion statute legal proceedings instrument document or writing of any kind whatsoever to the Untversi- ty Act 1958 shall be deemed and taken to refer to the Melbourne University Act 1958."
cipal of Whitley College, the Principal of Janet Clarke Hall, the Prin- cipal of Ridley College or the Principal of St. Mary's College, respectively, or the person who holds under whatever designation the office corresponding to any of the foregoing offices; and (in the case of any other residential college hereafter affiliated to or connected with the University pursuant to section 18) means the person whom the governing body of that college designates for the purposes of this Act as the head thereof.
"Member of the academic staff" includes "professor".
"Minister" means Minister of Education.
"Professor" means any member of the academic staff of the Univer- sity who is entitled to rank as a professor purwant to statutes of the University (not being an associate professor or a professor emeritus).
"Professor emeritus" means any person on whom pursuant to sta- tutes of the University the title of professor emeritus has been con- ferred at or after his retirement from his office of professor.
"Student" means a graduate student, an undergraduate student or a person designated as a student pursuant to sub-section (2Xc).
"Undergraduate student" means a person who is for the time being enrolled as a student at the University in a course or part of a course—
(a) leading to a bachelor's degree or to a diploma which the coun- cil had designated pursuant to sub-section (2Xb ) as an under- graduate diploma; or
(b) prescribed by or under the statutes or regulations as prelimi- nary to a course for a master's degree or a doctor's degree.
(2) The council may from time to time —
(a ) determine what persons or classes of persons constitute the aca- demic staff of the University for the purposes of this Act;
(b) designate a diploma which may be awarded to students as a post- graduate diploma or an undergraduate diploma for the purposes of this Act;
(c) designate persons or classes of persons who are neither gradu- ate students nor undergraduate students as students for the pur- poses of this Act; and
(d) designate as members of the University persons or classes of persons who are members of the staffs of residential colleges affiliated to or connected with the University under section 18.
Substituted by No.
8638 s. 2(d).
Amended by No. 8638 s. 2(e)(i).
Inserted by No. 9619 s. 2(1)(d).
Substituted by Nos. 8638 s. 2(1), 9619 6.2(1Xe), amended by No.
10238 s. 4(a).
Ss. (2) amended by No. 8638 1. 2(eXii), substituted by No.
9619 s. 2(1)(f).
Part I.—Constitution and Government of the University
Division 1.—The University The University.
4. (1) A University is hereby declared to have been established on the 1 1 th day of April 1853 at Melbourne. The University shall be a body politic and corporate by the name of "The University of Melbourne" and shall for all purposes be deemed to be the same body corporate and polit- ic as the body under that name consisting formerly of a council and a senate but which shall now and hereafter consist of—
(a) a council and its members;
(b) the graduates;
(c) the professors;
(d) members of the academic staff;
(e) members of the faculties and boards of studies;
*Note: Section 4(1): Note that s. 3(1Xa ) of Act No. 9619 is affected by s. 3(2) of that Act which reads:
"The amendment made by paragraph (a), of sub-section (1) shall be deemed to have been made on 15 January 1975"
S.4 amended by No. 7545 s. 2, substituted by No. 8638 s. 3.
Ss. (1) amended by No. 9619 s. 3(1) (a)• (bXiXii).
3
(f) the graduate students;
(g) the undergraduate students;
(h) the diplomates;
(i) such members of the staff of the University, other than the aca- demic staff, as are designated from time to time by the council;
(j) such members of the staffs of the affiliated colleges as are desig-and nated from time to time by the council as members of the Univer- sity; and
(k) such students (if any) as are neither graduate students nor un- dergraduate students.
(2) The University of Melbourne by such name shall have perpetual succession and shall have a common seal and shall by the 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 receive take pur- chase and hold all goods chattels moneys and personal properties what- soever, and shall also be able and capable in law to receive take purchase and hold for ever not only such lands buildings hereditaments and pos- sessions as may from time to time be exclusively used and occupied for the immediate requirements of the University but also any other lands buildings hereditaments and possessions whatsoever situate in Victoria or elsewhere, and shall be able and capable in law to grant demise aliene or otherwise dispose of all or any of the property real or personal belong- ing to the University and also to do all other matters and things inciden- tal or appertaining to a body politic:
Provided that it shall not be lawful for the University to alienate mort- gage charge or demise any lands tenements or hereditaments of which it has become seised or to which it may become entitled by grant pur- chase or otherwise (unless with the approval of the Governor in Council) except by way of lease for any term not exceeding 21 years from the time when such lease is made in and by which there shall be reserved during the whole of the term the highest rent that can be reasonably obtained for the same without fine.
(3)The persons referred to in paragraphs (a) to (k) of sub-section (1) shall, subject to sub-section (4), be members of the University and be bound by its statutes and regulations.
(4) Where a person who is or is to be in a category which by virtue of this section makes or would make him a member of the University — (a ) requests the council to permit him to remain or be in that or any other category but not to be considered as a member of the University; and
(b) gives reasons justifying his request which are satisfactory to the council —
the council may grant his request if he enters into such undertakings and guarantees as the council may require in order to ensure that he will ob- serve the statutes and regulations of the University as if he were a mem- ber thereof.
(5)All courts and persons acting judicially shall take judicial notice of the common seal of the University affixed to any document and, until the contrary is proved, shall presume that it was duly affixed.
(6) The proviso to sub-section (2) shall not apply to any lands, tene- ments or hereditaments which in the opinion of the vice-chancellor and principal were acquired for investment purposes.
Division 2.—The Council Constitution of council.
5. (1) The council shall consist of not more than 39 members but if a person who is not a member of the council is elected to be chancellor the council shall consist of not more than 40 members including the chan- cellor so elected, and shall be constituted as follows:—
Para. (j) inserted by No. 9619 s. 3(1XkXii).
Para. (k) inserted by No. 9619 s. 3(1)(bkii).
Ss. (3) amended by No. 9619 s. 3(1Xc).
Ss. (5) inserted by No. 9619 s. 3(1)(d).
Ss. (6) inserted by No. 9619 s. 3(1)(d).
No. 3795 s. 5; No.
4116 s. 3(IXaXb), No.5044 s. 14(3), No. 6185 s. 2(I).
Ss. (1) amended by Nos. 6802 s. 2(a), 7426 s. 2(2), 7758 s.
3(a), 9619 s. 4(a).
(a) Seven members shall be appointed by the Governor in Coun- cil, of whom —
(i) one shall be a member of the Legislative Council;
(ii) two shall be members of the Legislative Assembly recom- mended for appointment by the members thereof;
(iii) one shall be appointed as representing manufacturing and commercial interests;
(iv) one shall be appointed as representing agricultural interests;
and
(v) two shall be appointed as representing industrial interests;
(b) Ten members (hereinafter referred to as "members elected by convocation") shall be elected by convocation, and shall not in- clude any member of the academic staff or other officer of the University whose sole or principal employment is in connex- ion with his duties as such, or the head of an affiliated college;
(c) Three members (being professors or deans of faculties) shall be elected by the professors;
(d) Three members (being members of the academic staff whose sole or principal employment is in connexion with their duties as such) shall be elected by the members of the academic staff other than the professors;
(da) One member (being a member of the staff of the University other than the academic staff, whose sole or principal employment is in connexion with his duties as such a member of the staff) shall be elected by the members of the staff who have been desig- nated as members of the University by virtue of paragraph (i) of sub-section (1) of section 4;
(db) One member (being a graduate student) shall be elected by gradu- ate students;
(e) Two members, who shall be undergraduate students of or above the age of 18 years and either of whom shall be a member of the staff of the University, shall be elected by the undergradu- ate students;
(f) The vice-chancellor and principal, two deputy vice-chancellors, the two pro-vice-chancellors, the vice-principal, and the presi- dent of the Students' Representative Council shall be members ex officio;
(fa) One shall be a person appointed by the Minister who shall be either the Director-General of Education or a senior officer of the Department of Education;
Two and not more than two members shall be heads of affiliat- ed colleges who shall be appointed by co-option by the council;
Not more than two other members shall be persons appointed by co-option by the council; and
(g) (h)
Para. (a) amerded by No. 8638 s. 4(a)(i).
Sub-pan. (iv) amended by No. 8638 5. 4(a)(ii) Suls•para. (v) amended by No. 8638 s. 4(aXiii).
Sub-pan. (vi) repealed by No. 8638 s. 4(aXiv).
Para. (b) substituted by No. 8638 s. 4(b), amended by No. 10238 s.10(b)(c).
Para. (d) substituted by No. 7758 s. 3(b), amended by No. 8638 s. 4(c)(i)(ii).
Para. (da) inserted by No. 8638 s. 4(e).
Para. (da) inserted by No. 7758 s. 3(b) renumbered (db) by No. 8638 s. 4(d).
Para. (a) amended by No. 7758 s. 3(c), substituted by No.
9619 s. 4(b).
Para. (f) substituted by No. 6802 s. 2(b), amended by No. 7362 s. 6(a), substituted by Nos. 7545 s. 3(a), 7758 s. 3(d), amended by Nos. 8638 s. 4(1)(iXii), 9619 s. 4(c).
Para. (fa) inserted by No. 7362 s. 6(b), amended by Nos. 7533 s. 2(4), 10238 s.5(1)•.
Para. (i) repealed by No. 7758 s. 3(e).
*Note: Section 5(1)(fa): See s. 5(3) of Act No. 10238 for transitional provision.
(2) The present members of the council of the University in office at the commencement of this Act shall for the respective terms for which they were elected or appointed be deemed to be members of the council elected or appointed under this Act.
Members of council and terms of office.
6. Subject to this Act—
elected or appointed members of the council shall be entitled to hold office for four years and shall (if qualified) be eligible for re-election or re-appointment; and
the term of office of members elected or appointed to fill vacancies caused by the retirement of members on the expiration of their term of office shall be reckoned as commencing immediately after the expiration of such term:
Provided that —
(a ) any member of the council appointed by the Governor in Coun- cil may be removed by the Governor in Council;
(ab) any member of the council appointed by the Minister may be removed by the Minister;
(b) if any member of the council appointed as being a .member of the Legislative Council or of the Legislative Assembly ceases to be a member of the Legislative Council or of the Legislative Assembly and is not re-elected at the next election to the Legis- lative Council or the Legislative Assembly (as the case may be) his office as a member of the council shall become vacant;
if any member of the council elected or appointed by reason of his being a professor, the dean of a faculty, a member of the academic staff, a member of the staff other than the academic staff or the head of an affiliated college ceases to hold the quali- fication in respect of which he was elected or appointed, his office as a member of the council shall become vacant;
a professor or dean of a faculty shall not be eligible for election by the professors for a third consecutive term of four years;
(d) subject to section 15(2) (bd) if any member of the council be- comes entitled to be a member thereof ex officio he shall be deemed and taken to hold-office as a member ex officio and his place to the council thereby vacated shall be filled in manner provided in this Act for the filling of casual vacancies;
(e) members appointed by co-option (other than members so ap- pointed as heads of affiliated colleges), whenever appointed, shall retire on the date next after their appointment on which mem- bers appointed by the Governor in Council retire by effiuxion of time;
(f) as to members appointed by co-option as heads of affiliated colleges —
(i) such members, whenever appointed, shall retire on the date next after their appointment on which members appoint- ed by the Governor in Council retire by effiuxion of time;
(ii) such members shall, subject to sub-paragraph (iii), be ap- pointed so far as is practicable in rotation amongst the heads of affiliated colleges; and
(iii) such a member, if appointed to fill a casual vacancy less than 18 months before the term of the member replaced was due to expire, may be re-appointed at the expiration of the term of the member replaced for a further term of 4 years.
Transitional provision.
6A. (1) Notwithstanding anything to the contrary in this Act, the term of office of any person who is, at the commencement of the Melbourne
(c)
(ca)
Proviso amended by No. 10238 s. 5(2).
Para. (ab) inserted by No. 10238 s. 5(2Xa).
Para. (e) amended by No. 8638 s. 5.
Para. (ca) inserted by No. 7758 s. 4.
Para. (d) amended by Nos. 9619 s. 8(2).
10238 s. 5(2)(b).
Para. (e) substituted by No.
9619 s. 5(a).
Para. (1) inserted by No. 9619 s 5(a).
S. 6A inserted by No.
9619 s. 5(b).
No. 3795 s. 7.
Ss. (2) amended by Nos. 8638 s. 6(a), 9619 s. 2(2) (as amended by No. 10238 a. tI(1Xa)), 10238 a. 10(c).
Para. (a) amended by Nos. 7362 s. 7, 7758 s. 5, 8638 s. 6(bXiXii), 9619 s. 2(2) (as amended by No. 10238 s. 11(1Xa)).
S. 7A inserted by No.
7362 s. 8, substituted by No. 7758 s. 6.
Ss. (1) amended by No. 9619 s. 2(2) (as amended by No.
10238 a. 11(1)(a)).
Ss. (2) amended by No. 9619 s. 2(2) (as amended by No.
10238 a. 11(1)(a))•
Ss. (3) amended by No. 9619 a. 2(2) (as amended by No.
10238 a.
S. 713 inserted by No. 7758 s. 6.
Ss. (1) substituted by No. 8638 s. 7(a).
Ss. (2) amended by No. 8638 s. 7(b).
Ss. (3) amended by No. 8638 s. 7(b).
S. 7C inserted by No. 7758 s. 6.
University (Amendment) Act 1981, an elected or appointed member of the council shall be extended to 31 December next following the date on which the person's term of office would have expired but for the enactment of this section.
(2) A term of office extended by sub-section (1) shall, for the purposes of this Part, count as a term of no longer than four years or, in the case of a person elected to the council by undergraduate students or graduate students, no longer than two years.
Election and appointment of members.
7. (1) Subject to this Act elections of members of the council shall be conducted in accordance with statutes or regulations of the University.
(2) In the case of elections of members by convocation or by under- graduate students such statutes or regulations may provide for voting by post and for preferential voting or for proportional representation where the principle of proportional representation is applicable.
(3) In the case of elections or appointments of members of the council to fill vacancies caused by the retirement of members on the expiration of their term of office -
(a) elections or appointments of members (other than members ap- pointed by co-option) shall be made within three months or, in the case of an election of a member by undergraduate stu- dents or graduate students, within six months before the date of the expiration of the term of office aforesaid and shall take effect immediately on the expiration of such term; and (b) the appointment of members to be then appointed by co-option
shall be made at a meeting of the council to be held on or as soon as practicable after that date.
Representative of undergraduate students.
7A. (1) Notwithstanding the provisions of section 6 the member of the council elected by undergraduate students at the election held next after the commencement of the Melbourne University (Council) Act 1968 shall hold office for a term of one year from the expiration of the term of the retiring member.
(2)A member of the council elected by undergraduate students at any election subsequent to the election referred to in sub-section (1) to fill a vacancy caused by the retirement of a member on the expiration of his term of office shall hold office for a term of two years.
(3) A member of the council elected by undergraduate students shall not be eligible for election by undergraduate students for a third consecu- tive term of two years.
Representative of sub-professorial staff.
7B. (1) An election of a member of the council by members of the aca- demic staff other than the professors shall be held forthwith after the com- mencement of the Melbourne University (Amendment) Act 1974, and the member elected shall retire on the earliest date which is not less than one year after his election when any member of the council elected by the graduates next retires by effiuxion of time.
(2)A member of the council elected by members of the academic staff other than the professors at any election subsequent to the election re- ferred to in sub-section (1) to fill a vacancy caused by the retirement of a member on the expiration of his term of office shall hold office for a term of four years.
(3)A member of the council elected by members of the academic staff other than the professors shall not be eligible for election by members of such academic staff for a third consecutive term of four years.
Representative of graduate students.
7C. (1) Notwithstanding the provisions of section 6 the member of the council elected by graduate students shall hold office for a period of two years.
(2)The member of the council elected by graduate students shall not be eligible for re-election by graduate students for a third consecutive term of two years.
(3)An election of a member of the council by graduate students shall be held forthwith after the commencement of the Melbourne University (Council) Act 1968 and the member elected shall retire when any mem- bers of the council elected by convocation next retire after the said com- mencement by effiuxion of time.
Representative of members of staff other than academic staff.
7D. (1) An election of a member of the council by members of the staff other than the academic staff as provided by paragraph (da) of sub-section (1) of section 5 shall be held forthwith after the commencement of the Melbourne University (Amendment)Act 1974 and the member elected shall retire on the earliest date which is not less than one year after his election when any member of the council elected by convocation next retires by effiuxion of time.
(2)Except as provided in sub-section (1) the member of the council elect- ed by the staff other than the academic staff shall hold office for a period of four years.
(3)A member of the council elected by the staff other than the academ- ic staff shall not be eligible for re-election by such staff for a third con- secutive term of four years.
Casual vacancies.
8. In any case where —
(a) at any election for elective members of the council — (i) no seats or vacancies are filled; or
(ii) a number of seats or vacancies less than the whole number which should have been filled is filled; or
(b) any such election should have been held but is not held—
the seats or vacancies which should have been filled and are not filled shall severally be deemed to be casual vacancies; and the members even- tually elected to fill the same shall be entitled to continue in office as if elected at such election.
Office of member of council how vacated.
9. If a member of the council —
(a ) not being a member elected by graduate students or undergradu- ate students, ceases to hold any qualification required for his becoming or being a member of the council; or
(b) not being a member ex officio-
(i) by writing under his hand directed to the chancellor of the University resigns his office;
(ii) is declared by commission or otherwise of unsound mind;
(iii) becomes bankrupt or insolvent;
(iv) is convicted of an indictable offence;
(v) without special leave previously granted by the council ab- sents himself from all meetings of the council during a peri- od of six consecutive months; or
(vi) is removed from office—
his office shall become vacant.
Filling of casual vacancies.
10. (1) Any casual vacancy in the office of an elected or appointed mem- ber of the council shall be filled by the election or appointment of a mem- ber to fill the vacancy.
(2)The member to be so elected or appointed shall have the like quali- fication (if any) as that of the member whose office has become vacant.
(3)The election or appointment shall be made by the person or body of persons by whom or which the member whose office has become va- cant was elected or appointed.
S. 7D inserted by No. 8638 s. 8.
Ss. (1) amended by No. 10238 s. 10(c).
No. 3795 s. 8.
No. 3795 s. 9.
S. 9 amended by No. 9576 1. 11(1), subsumed by No. 9619 s. 6.
No. 3795 s. 10.
(4) Subject to this Act a member elected or appointed to fill a casual vacancy shall be entitled to hold office during the residue of the term of the member whose office he fills:
Provided that —
(a ) any casual vacancy in the office of a member elected by convo- cation shall be filled by the committee of convocation at a meet- ing of such committee to be called by the president; and (b) if any casual vacancy occurs within three months before the ex-
piration of the term of office of an elected or appointed mem- ber it shall not be obligatory to fill such vacancy for the remainder of such term.
Election of Chancellor and deputy-chancellor.
11. (1) The members of the council shall from time to time as occasion arises elect a person whether a member of the council or not to be the Chancellor of the University for such term and subject to such condi- tions as are prescribed by the statutes.
(2) Any person elected as Chancellor if he is not otherwise a member of the council shall be and remain a member of the council ex officio dur- ing his term of office as Chancellor.
(3)The members of the council shall from time to time as occasion arises elect not more than two of its members to be deputy-chancellors of the University for such terms and subject to such conditions as are prescribed by the statutes.
(4)In the absence of the Chancellor or during any vacancy in the office of Chancellor or during the inability of the Chancellor to act or at any other time with the consent of the Chancellor a deputy-chancellor shall have such of the powers and duties of the Chancellor as the council from time to time determines.
(5) The statutes may provide for voting by post and for preferential voting on any election held for the purposes of this section.
Chairman.
12. At every meeting of the council the Chancellor or in his absence one of the deputy-chancellors elected by the meeting shall preside as chair- man; and in the absence of the Chancellor and the deputy-chancellors the members of the council present shall elect a chairman.
Members of council not to vote where interested.
13. No member of the council shall be entitled to vote either in the council or in any committee thereof on any subject in which he has a direct pecuniary interest, and the vote of any member so interested shall be disallowed.
Questions how decided.
19. (1) Subject to any statute made under sub-section (4), all questions which come before any meeting of the council shall be decided by the majority of the members present.
(2) The chairman at any such meeting shall have a vote and in case of an equality of votes a casting vote.
(3) No question shall be decided at any meeting of the council unless at least eight members thereof are present.
(4)The council may by statute provide that certain resolutions, or reso- lutions of certain classes, shall have effect only if passed by a specified majority of members or of members present and voting.
(5)Subject to this Act and the statutes and regulations, the council may regulate its own proceedings.
Council to appoint staff and to have entire management of the University.
15. (1) The council shall have full power to appoint and dismiss all professors officers and servants of the said University, and shall have the
Ss. 4 amended by No. 9619 s. 5(c) (as amended by No.
10238 s. 11(1)(b)).
Para. (a) substituted by No. 8438 s. 9, amended by No. 10238 s. 10(e),(d).
S. 11 substituted by No. 7426 s. 2(1).
No. 3795 s. 12, No. 4116 s. 3(IXd).
S. 12 amended by No. 7426 s. 2(3).
No. 3795 s. 13.
No. 3795 s. 14.
Ss. (1) amended by No. 9619 s. 7(a).
Ss. (4) inserted by No. 9619 s. 7(b).
Ss. (5) inserted by No. 9419 s. 7(b).
No. 3795 s. 15, No. 4116 s. 2.
9
entire management and superintendence over the affairs concerns and property thereof, subject to the statutes and regulations of the University.
(IA) Without limiting the generality of sub-section (1), the council shall have, and shall be deemed always to have had, power to establish and conduct the repertory company known, at the commencement of this sub- section, as The Melbourne Theatre Company and previously known as the Union Theatre Repertory Company.
(2) (a) Without limiting the generality of sub-section (1) of this sec- tion the council may appoint and dismiss an officer who shall be styled the vice-chancellor and principal.
(b) Subject to this Act, the vice-chancellor and principal shall be the chief executive officer of the University and shall as such have such powers and duties as are conferred or imposed upon him by statutes or regulations of the University.
(ba) Unless otherwise expressly provided by the statutes or regula- tions, the vice-chancellor and principal may delegate any of his powers and duties to any person or persons.
(bb) Every delegation under paragraph (ba) may be revoked by the vice-chancellor and principal and shall not prevent the exer- cise or performance by the vice-chancellor and principal of any of his powers and duties.
(bc) If a person is appointed pursuant to the statutes of the Univer- sity as an acting vice-chancellor and principal during the ab- sence or ill-health of the vice-chancellor and principal or otherwise, the person so appointed shall, during the period of his appointment, have all the powers and duties of the vice- chancellor and principal and shall be a member of the council ex officio in place of the vice-chancellor and principal.
(bd) If a person appointed as acting vice-chancellor and principal is already a member of the council, then his place thereon shall not be vacated and proviso (d) to section 6 shall not apply.
(c) Without limiting the generality of sub-section (1) of this sec- tion the council may appoint and dismiss one or more officers each of whom shall be styled a deputy vice-chancellor and an officer who shall be styled the vice-principal.
(d) Subject to this Act the deputy vice-chancellors and the vice- principal shall as such have such powers and duties as are con- ferred or imposed on them by statutes or regulations of the University.
Without limiting the generality of sub-section (1), the council may annually appoint two pro-vice-chancellors, one of whom shall be the person who, at the date of the appointment, is chair- man of the academic board.
Subject to this Act, each of the pro-vice-chancellors shall as such have such powers and duties as are conferred or imposed upon him by statutes or regulations of the University.
Committees and delegation of powers.
16. (1) The council may by resolution constitute and appoint such com- mittees as it thinks fit (at least one-third of the members of any such com- mittee being members of the council) and may by resolution delegate all or any of its powers authorities duties and functions (other than this power of delegation and the power to make statutes and regulations) to any such committee or to any member of the council or to any officer of the University.
(2) Every delegation under this section shall be revocable by resolution of the council and no such delegation shall prevent the exercise or dis- charge by the council of any of its powers authorities duties or functions.
Indemnity of council members and others.
16A. The University shall indemnify and keep indemnified each mem- ber of the council or of a committee constituted by resolution of the council
Ss. (IA) inserted by No. 9619 s. 8(1)(a).
Pan. (a) amended by No. 7545 s. 3(bXi).
Pan. (b) amended by No. 7545 s. 3(bXi), substituted by No. 9619 s. 8(1)(b).
Para. (ba) inserted by No. 9619 s. 8(10).
Pan. (bb) inserted by No. 9619 s. 8(1X1i).
Pan. (bc) inserted by No. 9619 s. 8(1Xb).
Para. (bd) inserted by No. 9619 s. 8(1)(b).
Para. (c) inserted by No. 7545 s. 3(bXii), amended by No. 8638 s. 10(a).
Pan. (d) inserted by No. 7545 s. 3(bXU), amended by No. 8638 s. 10(b).
Ss. (3) inserted by No. 6802 s. 2(c).
Para. 3(a) substituted by No. 9619 s. 8(3).
S. 16 substituted by No. 7545 11.4.
Ss. (1) amended by No. 9619 s. 9.
S. 16A inserted by No. 9619 s. 10.
or by or under a statute or regulation against all actions suits claims and demands whatsoever (whether arising during or after the term of office of that member) in respect of any act or thing done or omitted to be done by that member in good faith in the exercise or purported exercise of any power or duty conferred or imposed upon the council or committee or upon any member or members thereof by or under this Act.
Power of council to make statutes and regulations.
17. (1) The council shall, subject to this Act, have and be deemed al- ways to have had full power to make and alter any statutes and regula- tions with respect to any matter whatsoever pertaining to the University and, in particular and without prejudice to the generality of the forego- ing, with respect to —
(a) the organization, management and good government of the University;
(b) employment of staff;
(c) retired staff members and their dependants;
(d) discipline;
academic dress;
the common seal;
copyrights and patents;
public examinations;
students;
courses of study;
credit in courses of the University for work done elsewhere;
academic awards;
fees charged by the University;
endowments;
organizations, amenities and services which are not of an aca- demic nature;
property, buildings and traffic;
research, development, consultancy and other services under- taken by the University for commercial organizations, public bodies or individuals;
recognition of institutions or bodies at which-
(i) work is undertaken by undergraduate students or postgradu- ate students of the University for the purpose of satisfac- tion of degree requirements of the University;
or
(ii) research is or may be undertaken by teaching or research staff of the University;
teaching, research and continuing education projects within and outside Victoria undertaken by the University jointly with com- mercial organizations, public bodies or individuals;
any other matter in relation to which —
(i) the council may by virtue of another provision of this Act make statutes or regulations; or
(ii) it is necessary or expedient to make statutes or regulations for the good government of the University or for the management of its affairs.
No. 3795 s. 17
S. 17 amended by No. 8638 s. 11(a)(b), substituted by No.
9123 s. 3(1).
Ss. (I) substituted by No. 9619 s. 11.
Para. (q) substituted by No. 10238 s. 6.
Pares (r), (s), (t) inserted by No.
10238 s. 6.
Ss. (2) repealed by No. 9619 s. 4.
•Note: Sub-sections (2) and (3) of section 3 of Act No. 9123 which read as follows —
"(2) All fees charged by the University before the commencement of this Act shall be deemed to have been validly imposed.
(3) The rights of the parties in the case of Robert William Clarke ats. The University of Melbourne and Ors. (Causes jurisdiction No.
3516 of 1977) in the Supreme Court of Victoria shall be determined as if this Act had not been enacted."
11
Ss. (3) (4) and (5) repealed by No. 9711 s. 3 (see •• below).
Affiliation of colleges and management of student accommodation.
18. (1) The council shall subject to this Act have full power to make and alter statutes for the affiliation to or connexion with the University of any college or educational establishment to which the governing body of such college or establishment consents, and for the licensing and su- pervision of premises intended for the reception of students and the revo- cation of such licences: Provided always that no such statutes shall affect the religious observances or regulations enforced in such colleges educa- tional establishments or premises.
(2) Without prejudice to the provisions of the last preceding sub-section the council shall subject to this Act have full power to make and alter statutes for and with respect to —
(a) the establishment by the council of hostels and halls of residence for students;
(b) the management control and closing of any such hostels and halls;
(c) the arrangement of accommodation for students; and
(d) exercising, by agreement with the owner or governing body of any hostel or hall not established by the council, powers of con- trol and management in relation to any such hostel or hall.
Power of council to grant degrees.
19. Subject to the statutes and regulations of the University the coun- cil shall have power and shall be deemed always to have had power to grant in any discipline except divinity any degree diploma certificate or licence:
Provided that statutes or regulations may be made—
(a) for the admission without examination to any such degree of any person who has graduated at a University; and
(b) for the admission honoris causa to any such degree of any per- son whether or not he has graduated at a University.
Validation of proceedings notwithstanding vacancy or disqualification.
20. No proceeding of the council or of any committee thereof shall be invalidated or be illegal in consequence only of there being any vacancy in the number of the members of the council at the time of such proceed- ing; and all proceedings of the council or of a committee thereof or of any other person acting as a member of the council shall notwithstanding it may afterwards be discovered that there was some defect in the elec- tion or appointment of the members of the council or persons acting as aforesaid or that they or any of them were incapable of being members of the council be as valid as if every such person had been duly elected or appointed and was capable of being a member of the council.
••Note: Sub-sections (3), (4) and (5) of Section 17 were repealed by section 3 of the Post-Secondary Education (Amendment) Act 1981 (No.
9711), which came into effect from 29.10.86.
No. 3795 s. 18;
No. 5579 s. 2.
Ss. (1) amended by No. 9619 s. 12.
No. 3795 s. 19.
S. 19 amended by No. 8638 s. 12.
Proviso substituted by No. 6502 s. 2.
No. 3795 s. 20.
Division 3. — Convocation and its Committee.
Convocation.
20A. Convocation consists of all graduates.
Powers of convocation.
21. Convocation -
(a) shall every two years elect, in accordance with standing orders of convocation, one of its members to be president;
(b) shall hold at least one ordinary meeting in every year;
(c) may hold special meetings as provided for by standing orders of convocation;
(d) may submit for consideration of the council such suggestions as it thinks fit with respect to the affairs and concerns of the University; and the council shall take all such suggestions into consideration and report to convocation its determinations there- on; and
(e) may make standing orders providing for the number of ordi- nary meetings to be held in every year, the time and place of and the manner of convening ordinary and special meetings and for the regulation of its proceedings and of the proceedings of the committee of convocation and for the election of the presi- dent and deputy president and for any other matters with respect to which it is empowered by the statutes of the University to make standing orders so far as such standing orders are not repugnant to any Act or law in force in Victoria or to any sta- tute or regulation of the University.
Chairman.
22. At every meeting of convocation the president shall preside as chair- man and in the absence of the president the members of convocation present shall elect a chairman.
Committee to be constituted and election of members.
23. (1) There shall be a committee of convocation (hereinafter referred to as "the committee") consisting of the president of convocation ex officio and not less than 40 other persons who are members of convocation:
Provided that no member of the council and that no member of the academic staff or other officer of the University whose sole or principal employment is in connexion with his duties as such shall be a member of the committee: Provided further that if any member of the committee is elected or appointed to be a member of the council or is appointed to be a member of the academic staff or other such officer as aforesaid his office as a member of the committee shall become vacant.
(2) Subject to this Act —
(a ) the elective members of the committee shall be elected by con- vocation; and
(b) the elections shall be conducted in accordance with statutes or regulations of the University.
(3) Such statutes or regulations may provide for voting by post and for preferential voting or for proportional representation where the princi- ple of proportional representation is applicable.
(4) The council may from time to time in accordance with the statutes of the University determine —
(a ) the number of members of the committee to be elected;
(b) how the several classes of graduates are to be represented thereon, whether separately or by grouping together two or more class- es; and
(c) the number of members to be elected as representing each class or group of classes of graduates.
Heading substituted by No.. 8638 s. 13(1)(a), 10238 s. 7(1).
S.20A inserted by No. 10238 s. 7(1).
S.21 substituted by No. 8638 s. 13(1Xb), amended by No.
10238 ss. 7(2), 10(bXe).
No. 3795 s. 22.
S. 22 substituted by No. 8638 s. 13(1Xe), amended by No. 10238 s. 1 0(b)(e).
No. 3795 s. 23.
Ss. (1) amended by Nos. 8638 s. 13(1)(dXi), 10238 ss. 8(1Xa), 10(f).
Para. (a) amended by Nos. 8638 s. 13(1)(dXii) (iii), 10238 s. 100X0•
Ss. (4) amended by No. 8638 s. 13 (1) (d)(ii), substituted by No. 9619 s. 13(a).
Pan. (a) amended by No. 10238 s. 10(f).
13
(4A) Any determination under sub-section (4) as to the number of mem- bers of the committee to be elected as representing each class or group am
of classes of graduates shall be such as to ensure, so far as is practicable, that the members of each such class or group of classes whose names ap- pear on the postal roll kept pursuant to the statutes of the University are proportionally represented on the committee.
(5)Where in consequence of the making of any statute as aforesaid any previously existing statute or regulation of the University is revoked or altered and in consequence thereof any change is made in the number of members to be elected or in the classes or groups of classes of gradu- ates to be represented or in the representation of any class or group of classes of graduates provision may be made in the new statute for any matters or things necessary or convenient to be provided for carrying the new statute into effect.
(6)Any new statute under this section shall take effect immediately be- fore the election of members of the committee to be held next after the making of the statute.
(7)In all cases the number of representatives of each class or group of classes of graduates to be elected as provided in this section shall be an even number.
(8)All elections of members of the committee to fill vacancies (other than casual vacancies) shall be held at the same time as elections of mem- bers of the council to be elected by convocation.
(9)If at any such elections any person is elected both as a member of the council and as a member of the committee his election as a member of the committee shall be void and his place thereon shall be filled in man- ner hereinafter provided for the filling of casual vacancies in the commit- tee. and the person so elected to fill such place shall be entitled to hold office as if he had been elected at the first-mentioned election.
(10)The provisions of this Act relating to members of the council elected by convocation so far as regards tenure of office, eligibility for re-election, the conduct of elections, and the occurrence of and the filling of vacan- cies shall mutaris murandis h extend and apply to elected members of t e committee:
Provided that—
(a) at elections of members of the committee every member of con- vocation shall be qualified to vote by reason of being a graduate of the class or group of classes of graduates to be represented and shall be entitled to one vote in respect of each degree con- ferred upon such graduate or to which such graduate has been admitted by the University; but no graduate shall be entitled to more than one vote in respect of any degrees in any one faculty or school;
if any elected member of the committee by writing under his hand directed to the president resigns his office or if he is ab- sent from all meetings thereof held during a period of six con- secutive months without the leave of the committee previously granted his office shall become vacant;
in the case of—
(i) any casual vacancy however occurring in the office of an elected member of the committee, the vacancy shall be filled by the election by a majority of the remaining members of the committee of a member of the committee represent- ing the same class or group of classes of graduates; or (ii) any casual vacancy in the office of president of convoca-
tion, the vacancy shall be filled by the election by a majority of the members of the committee of a member of the committee —
and the person elected in each case shall be entitled to hold office during the residue of the term of office of the person replaced;
and
(b)
(c)
Ss. (6) amended by Nos. 8638 s. 13(1)(dXii), 10238 s. 11)(0.
Ss. (8) amended by Nos. 8638 s.
13(1XdXiiXiii), 10238 s. 10(b)(1)•
Ss. (9) amended by Nos. 8638 s. 13(1) (dXii), 10238 s. 10(f).
Ss. (10) amended by No 8638 s. 13(1) 10238 s. 10(b)(0.
Ss. (4A) inserted by No. 9619 s. 13(a), ended by No. 10238 s. 10(1).
Para. (a) amended by No. 10238 s. 10 (b)(i).
Para. (b) amended by Nos. 8638 s. 13 (1XdXiv), 4619 a. 13(b), (as amended by No. 10238 a. 11 (1Xe)), 10238 a. 10(1).
Para. (e) amended by Nos. 8438 s. 13 (1XdX1v), 9619 s. 13(e), substituted by No. 10238 a. 9(10).
(d) the present elective members of the graduate committee of the graduates of the University in office at the commencement of this Act shall for the respective terms for which they were elected be deemed to be members of the committee as if elected under this Act.
Meetings of committee.
24. (1) Subject to any standing orders of convocation, the committee — (a ) may meet at such times and places as it thinks fit; and may
adjourn any meeting; and
(b) may regulate its own proceedings.
(2)So long as there is a quorum ( ° ) the committee may act notwithstand- ing any vacancy in its numbers.
(2A) The committee shall whenever a vacancy occurs elect, in accor- dance with the standing orders of convocation, one of the members of the committee to be deputy president of the committee for such period as the committee determines.
(3)The president shall be ex officio chairman of the committee and the president or in his absence the deputy president, or, in the absence of the president and deputy president, a member of the committee elected as chairman by the members present shall preside at all meetings of the committee.
Powers and duties of committee.
25. The committee —
(a ) may amend any statute or regulation submitted by the council for its approval and may return the same so amended for the further consideration of the council but shall not originate any statute or regulation;
(b) may submit for the consideration of the council such sugges- tions as it thinks fit with respect to the affairs and concerns of the University; and the council shall take all such suggestions into consideration and report to the committee its determina- tions thereon;
(c) shall report to the council on any matters referred to it by the council for report;
(d) may at any time and shall once at least in every year report to convocation; and
(e) shall have such other powers and duties as are conferred or im- posed on it by or under this Act or any other Act or any sta- tutes or regulations of the University.
Questions how decided.
26. (1) All questions which come before any meeting of convocation or of the committee of convocation shall be decided by the majority of members present.
(2) The chairman at any such meeting shall have a vote and in case of an equality of votes a casting vote.
(3)No question shall be decided at any meeting of convocation unless at least twenty members thereof are present or at any meeting of the com- mittee of convocation unless at least ten members thereof are present.
'" Note: Section 24(2): See s. 26(3).
Para. (d) amended by No. t0238 s. 8(1Xc).
No. 3795 s 24 Ss. (1) amended by Nos. 8638 s. 13 (1XeXi) (as amended by No. 9019 s. 2(1)), 10238 s. 10(f)(g).
Ss. (2) amended by Nos. 8638 s.
13(1XeXii), 10238 s. 10(f).
Ss. (2A) inserted by No. 10238 s. 8(2Xa).
Ss. (3) subsumed by No. 8638 s.
13(1Xe)(iii), amended by No.
10238 ss. 8(2) (b), 10(0.
No. 3795 s. 25.
S. 25 amended by Nos. 8638 s.
13(1 Xf(i), 10238 s. 10(f).
Para. (b) amended by Nos. 8638 s.
13(1 f(i), 10238 s. 10(0.
Para. (d) amended by Nos. 8638 s.
13(1X1)(ii), 10238 s. 10(b).
No. 3795 s. 26.
Ss. (1) amended by Nos. 8438 s. 13(1) WO (as amended by No. 9019 s. 2(1)), 9619 s. 14, 10238 s.10(b)(d).
Ss. (3) amended by Nos. 8638 s.
13(1)(gXii), 9619 s. 14, 10238 s. 10(bXd).
15
