{"id":"la-trobe-university-act-2009","name":"La Trobe University Act 2009","slug":"la-trobe-university-act-2009","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178287,"registerId":"vic-la-trobe-university-act-2009-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"La Trobe University Act 2009","content":"Version No. 011\n\n**La Trobe University Act 2009**\n\n**No. 75 of 2009**\n\nVersion incorporating amendments as at  \n15 October 2018\n\n**table of provisions**\n\n*Section Page*\n\nPart 1—Preliminary 2\n\n1 Purposes 2\n\n2 Commencement 2\n\n3 Definitions 3\n\nPart 2—Constitution and governance of the University 6\n\nDivision 1—The University 6\n\n4 La Trobe University 6\n\n5 Objects of the University 6\n\n6 General powers and functions of University 8\n\n7 Common seal 9\n\nDivision 2—The Council 10\n\n8 The Council 10\n\n9 Powers and functions of the Council 11\n\n10 Power of Council to confer degrees and grant other awards 12\n\n11 Council membership 13\n\n11A Council membership pending Order under section 63 14\n\n12 Government appointed members 16\n\n13 Council appointed members 17\n\n14 Limitations on membership 17\n\n15 Responsibilities of Council members 18\n\n16 Remuneration 18\n\n17 Membership and procedure of Council 19\n\n18 Power to delegate 19\n\n19 Indemnities 20\n\nPart 3—Persons and bodies connected with the University 21\n\n20 Academic board or its equivalent 21\n\n21 Faculties, departments, divisions, centres, units, schools and institutes of the University 21\n\n22 Visitor 21\n\n23 Acting Visitor 22\n\nPart 4—Officers of the University 23\n\n24 Chancellor 23\n\n25 Deputy chancellor 23\n\n26 Vice-Chancellor 24\n\n27 Other officers 25\n\nPart 5—University statutes and university regulations 26\n\n28 Council may make university statutes and university regulations 26\n\n29 Specific subject matter for university statutes and university regulations 26\n\n30 University statutes may provide for making of university regulations 29\n\n31 Manner of making university statutes and university regulations 29\n\n32 Commencement 30\n\n33 Application of laws to university statutes and university regulations 30\n\n34 Judicial notice of university statute or university regulation 31\n\nPart 6—Property, finance and commercial activities 32\n\nDivision 1—Property generally 32\n\n35 Powers relating to property 32\n\nDivision 2—Land 32\n\n36 Acquisition of land 32\n\n37 Disposal of land 33\n\n38 Disposal of investment lands 34\n\nDivision 3—Trust funds and related matters 35\n\n39 Creation and administration of trust funds and other funds 35\n\n40 Establishment of investment common funds 35\n\n41 Distribution of income of investment common funds 35\n\n42 Commissions etc. 36\n\n43 Delegation 36\n\nDivision 4—Finance 36\n\n44 Revenue 36\n\n45 Borrowing powers 37\n\n46 Investments 37\n\n47 Audit of income and expenditure of University 38\n\nDivision 5—Joint ventures and companies 38\n\n48 Corporations and joint ventures 38\n\n49 Audit of limited company 39\n\n50 Audit of other companies 39\n\n51 Audits under sections 49 and 50 generally 40\n\nDivision 6—Guidelines 41\n\n52 Declarations—*university commercial activity* 41\n\n53 University may submit guidelines to the Minister 42\n\n54 Consultation 43\n\n55 Ministerial approval of guidelines and power to make guidelines 43\n\n56 Publication and availability 44\n\n57 Guidelines and university statutes 44\n\n58 Council to ensure compliance 44\n\n59 Reports to Minister 45\n\n60 Referral to Auditor-General 45\n\nPart 7—General 46\n\n61 Fine is civil debt recoverable summarily 46\n\n62 Certificate is evidence of amount of fine 46\n\n63 Orders in Council 46\n\nPart 8—Repeals, consequential amendments and transitional matters 49\n\nDivision 2—Transitional provisions 49\n\n64 Definitions for this Division 49\n\n65 Operation of Interpretation of Legislation Act 1984 49\n\n66 University 49\n\n67 Council 50\n\n68 Members of Council 50\n\n69 Staff 51\n\n70 Construction of references 51\n\n71 Gifts, trusts and other dispositions 52\n\n72 University statutes and university regulations 53\n\n73 Regulations dealing with transitional matters 53\n\nDivision 3—Further transitional provisions 54\n\n74 Definition for this Division 54\n\n75 Operation of Interpretation of Legislation Act 1984 55\n\n77 Saving of reconstituted Council 55\n\n78 Members of Council 56\n\nDivision 4—Further transitional provisions 56\n\n79 Transitional provisions—Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 56\n\nDivision 5—Further transitional provisions 58\n\n80 Transitional provision—Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018 58\n\nSchedule 59\n\nEndnotes 73\n\n1 General information 73\n\n2 Table of Amendments 75\n\n3 Amendments Not in Operation 77\n\n4 Explanatory details 78\n\n**Version No.** **011**\n\n**La Trobe University Act 2009**\n\n**No. 75 of 2009**\n\nVersion incorporating amendments as at  \n15 October 2018\n\n**Preamble**\n\nLa Trobe University was created as Victoria's third University by the **La Trobe University Act 1964**. It came into being with the enrolment of 500 students in 1967.\n\nLa Trobe's founding mission was, and remains, to serve the community of Victoria for the purposes of higher education, for the education, economic, social and cultural benefit of Victorians and for wider Australian and international communities.\n\nFrom inception, La Trobe has been particularly focussed on providing access to quality higher education to those from disadvantaged backgrounds and has become an internationally recognised leader in this field.\n\nInnovation in teaching and research was, and remains, central to its mission.\n\nFrom its beginnings as a single campus, metropolitan University in Bundoora, La Trobe has expanded its presence across Victoria, through a merger with the Wodonga Institute of Tertiary Education in 1991 and through the establishment in 1991 of the La Trobe University College of Northern Victoria, incorporating the Bendigo College of Advanced Education. La Trobe University has campuses in Albury-Wodonga, Bendigo, Mildura, Shepparton and Beechworth.\n\nLa Trobe attracts students from across the world for the quality of its teaching and learning.\n\nThe University has achieved international standing for its research and scholarship in a wide variety of disciplines in the humanities and social sciences, health sciences and technology.\n\nThrough this re-enactment of its foundation legislation, La Trobe University reaffirms its commitment to the pursuit of excellence and innovation, providing for the needs of the Victorian, Australian and international communities.\n\n**The Parliament of Victoria therefore enacts:**\n\nPart 1—Preliminary\n\n\t1 Purposes\n\nThe main purposes of this Act are—\n\n(a) to re-enact with amendments the law relating to La Trobe University by rationalising obsolete and disparate legislation; and\n\n(b) to provide for a new Act reflecting best practice and a consistent approach to governance and reporting for universities in Victoria.\n\n\t2 Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.\n\n(2) If a provision of this Act does not come into operation before 1 January 2011, it comes into operation on that day.\n\n\t3 Definitions\n\nIn this Act—\n\nS. 3 def. of *appointed member* repealed by No. 73/2012 s. 43(1).\n\n **** * * * ****\n\n***Chancellor*** means the person appointed to the office of Chancellor of the University under section 24;\n\n***Council*** means the Council established under section 8;\n\n***Council appointed member*** means a member of the Council appointed under section 13;\n\nS. 3 def. of *elected member* repealed by No. 73/2012 s. 43(1), new def. of *elected member* inserted by No. 69/2015 s. 46.\n\n***elected member*** means a member of the Council referred to in section 11(4A);\n\nS. 3 def. of *government appointed member* inserted by No. 73/2012 s. 43(2).\n\n***government appointed member*** means a member of the Council appointed under section 12(1) or (2);\n\n***graduate*** means a person upon whom has been conferred or granted, or who has been admitted without examination to, any degree or other award under any Act relating to the University for the time being in force and whether before or after the passing of this Act;\n\n***guidelines*** means the guidelines approved by the Minister under section 55 and includes any interim guidelines made under section 55(2);\n\n***limited company***, in Division 5 of Part 6, means a limited company within the meaning of the Corporations Act;\n\n***official member*** means a member of the Council referred to in section 11(2);\n\n***staff*** means any person employed by the University;\n\n***student*** means—\n\n(a) a person enrolled at the University in a course leading to a degree or other award; or\n\n(b) a person who is designated as a student or is of a class of persons designated as students by the Council;\n\n***University*** means La Trobe University referred to in section 4;\n\n***university commercial activity*** means any commercial activity engaged in by, or on behalf of, the University and—\n\n(a) includes any activity declared under section 52 to be a university commercial activity;\n\n(b) does not include any commercial activity declared under section 52 not to be a university commercial activity;\n\n***university regulations*** means the regulations of the University made under Part 5;\n\n***university statutes*** means the statutes of the University made under Part 5;\n\n***Vice-Chancellor*** means the person appointed to the office of Vice-Chancellor and President under section 26 and includes—\n\n(a) an interim Vice-Chancellor appointed under section 26(3); or\n\n(b) an acting Vice-Chancellor;\n\n***Visitor*** means the Visitor under section 22 and includes an acting Visitor.\n\nPart 2—Constitution and governance of the University\n\nDivision 1—The University\n\n\t4 La Trobe University\n\n(1) La Trobe University is declared to have been established on 9 December 1964.\n\n(2) The University established in accordance with subsection (1) and as constituted under the **La Trobe University Act 1964** as in force immediately before its repeal—\n\n(a) continues in existence under this Act; and\n\n(b) is a body politic and corporate by the name \"La Trobe University\".\n\n(3) The University consists of—\n\n(a) the Council; and\n\n(b) the staff, other than staff of any class that is designated from time to time by the Council not to be staff for the purposes of this section; and\n\n(c) the graduates; and\n\n(d) the students; and\n\n(e) the emeritus professors of the University.\n\n\t5 Objects of the University\n\nThe objects of the University include—\n\n(a) to provide and maintain a teaching and learning environment of excellent quality offering higher education at an international standard;\n\n(b) to provide vocational education and training, further education and other forms of education determined by the University to support and complement the provision of higher education by the University;\n\n(c) to undertake scholarship, pure and applied research, invention, innovation, education and consultancy of international standing and to apply those matters to the advancement of knowledge and to the benefit of the well-being of the Victorian, Australian and international communities;\n\n(d) to equip graduates of the University to excel in their chosen careers and to contribute to the life of the community;\n\n(e) to serve the Victorian, Australian and international communities and the public interest by—\n\n(i) enriching cultural and community life;\n\n(ii) elevating public awareness of educational, scientific and artistic developments;\n\n(iii) promoting critical and free enquiry, informed intellectual discourse and public debate within the University and in the wider society;\n\nS. 5(f) amended by No. 69/2015 s. 61.\n\n(f) to use its expertise and resources to involve Aboriginal and Torres Strait Islander people of Australia in its teaching and learning, research and advancement of knowledge activities and thereby contribute to—\n\nS. 5(f)(i) amended by No. 69/2015 s. 61.\n\n(i) realising Aboriginal and Torres Strait Islander aspirations; and\n\n(ii) the safe guarding of the ancient and rich Aboriginal and Torres Strait Islander cultural heritage;\n\n(g) to provide programs and services in a way that reflects principles of equity and social justice;\n\n(h) to confer degrees and grant other awards;\n\n(i) to utilise or exploit its expertise and resources, whether commercially or otherwise.\n\n\t6 General powers and functions of University\n\n(1) The University—\n\n(a) is a body politic and corporate with perpetual succession; and\n\n(b) may sue and be sued in its corporate name; and\n\n(c) subject to this Act, may acquire, hold and dispose of real and personal property.\n\n(2) The University may do and suffer all acts and things that a body corporate may by law do and suffer.\n\n(3) Without limiting subsection (1) or (2), the University—\n\n(a) may enter into contracts;\n\n(b) may fix fees and charges;\n\n(c) may employ persons in academic, teaching or other positions in the University on any terms and conditions that it determines and may terminate the employment of any member of staff employed by it;\n\n(d) subject to any guidelines, may be a member of a company, association, trust or partnership;\n\n(e) subject to any guidelines, may form or participate in the formation of a company, association, trust or partnership;\n\n(f) subject to any guidelines, may enter into a joint venture or joint undertaking with any other person or persons;\n\n(g) has any other powers and functions conferred on it by or under—\n\n(i) this Act or any other Act; or\n\n(ii) any university statute or university regulation;\n\n(h) may do anything else necessary or convenient to be done for or in connection with its objects, powers and functions.\n\n(4) The University may exercise its powers and functions—\n\n(a) within and outside Victoria; and\n\n(b) outside Australia.\n\n\t7 Common seal\n\n(1) The University has a common seal.\n\n(2) The common seal of the University must be kept and used as directed by the Council or in any manner authorised by the university statutes or university regulations.\n\n(3) All courts, tribunals and other persons acting judicially—\n\n(a) must take judicial notice of the common seal of the University on a document; and\n\n(b) until the contrary is proved, must presume that it was duly affixed.\n\nDivision 2—The Council\n\n\t8 The Council\n\n(1) There is established a Council.\n\n(2) The Council—\n\n(a) is the governing body of the University; and\n\n(b) has the general direction and superintendence of the University; and\n\n(c) subject to this Act, the university statutes and university regulations, may exercise all the powers, functions and duties of the University.\n\n(3) The primary responsibilities of the Council include—\n\n(a) appointing and monitoring the performance of the Vice-Chancellor as chief executive officer of the University;\n\n(b) approving the mission and strategic direction of the University and its annual budget and business plan;\n\n(c) overseeing and reviewing the management of the University and its performance;\n\n(d) establishing policy and procedural principles for the operation of the University consistent with legal requirements and community expectations;\n\n(e) approving and monitoring systems of control and accountability of the University, including those required to maintain a general overview of any entity over which the University has control within the meaning of section 3 of the **Audit Act 1994**;\n\n(f) overseeing and monitoring the assessment and management of risk across the University, including university commercial activities;\n\n(g) overseeing and monitoring the academic activities of the University;\n\n(h) approving any significant university commercial activities.\n\n\t9 Powers and functions of the Council\n\n(1) The Council has the following functions and powers—\n\n(a) to appoint the Chancellor, any Deputy Chancellor and the Vice-Chancellor;\n\n(b) to establish policies relating to the governance of the University;\n\n(c) to oversee and review the management of the University and its performance;\n\n(d) to oversee the management and control of the property and business affairs of the University;\n\n(e) to oversee the management and control of the University's finances;\n\n(f) any other powers and functions conferred on it by or under—\n\n(i) this Act or any other Act; or\n\n(ii) any university statute or university regulation;\n\n(g) the power to do anything else necessary or convenient to be done for or in connection with its powers and functions.\n\n(2) Without limiting subsection (1), the Council—\n\n(a) may determine what persons or classes of persons constitute the academic staff of the University for the purposes of this Act;\n\n(b) may designate a diploma or certificate to be awarded to students as—\n\n(i) a postgraduate diploma or postgraduate certificate; or\n\n(ii) a graduate diploma or graduate certificate; or\n\n(iii) an undergraduate diploma or undergraduate certificate;\n\n(c) may designate persons or classes of persons as students.\n\n\t10 Power of Council to confer degrees and grant other awards\n\n(1) Subject to the university statutes and university regulations, the Council has power and is deemed always to have had power, to confer any degree or grant any other award in any discipline, except divinity.\n\n(2) The university statutes or university regulations may provide—\n\n(a) for the conferral, without examination, of any degree or granting, without examination, of any other award referred to in subsection (1) on or to any person who has graduated from a university; and\n\n(b) for the conferral honoris causa of any degree or granting honoris causa of any other award referred to in subsection (1) on or to any person, whether or not he or she has graduated from a university.\n\n(3) If the university statutes so provide, the Council may revoke any degree conferred or other award granted by the University, whenever conferred or granted.\n\n(4) The power of the Council under subsection (3) is to be exercised in the circumstances and manner prescribed in the university statutes.\n\nS. 11 substituted by No. 73/2012 s. 44.\n\n\t11 Council membership\n\nS. 11(1) substituted by No. 69/2015 s. 47(1).\n\n(1) The Council consists of the fixed number of members being—\n\n(a) the official members; and\n\n(b) a fixed number of at least 4 government appointed members; and\n\n(c) a minimum of one or any other greater fixed number of Council appointed members; and\n\n(d) the elected members.\n\n(2) The official members of the Council are—\n\n(a) the Chancellor;\n\n(b) the Vice-Chancellor;\n\n(c) the president (however designated) of the academic board or its equivalent.\n\n(3) The government appointed members are—\n\n(a) a minimum of one or any other greater fixed number of persons appointed by the Governor in Council under section 12(1); and\n\n(b) a minimum of one or any other greater fixed number of persons appointed by the Minister under section 12(2).\n\n(4) The Council appointed members are the persons appointed by the Council under section 13.\n\nS. 11(4A) inserted by No. 69/2015 s. 47(2).\n\n(4A) The elected members are—\n\n(a) one or more persons elected by and from the staff of the University in accordance with the university statutes and any university regulations; and\n\n(b) one or more persons elected by and from the students of the University in accordance with the university statutes and any university regulations.\n\n(5) The number of government appointed members must be equal to or greater than the number of Council appointed members.\n\nS. 11(5A) inserted by No. 69/2015 s. 47(3).\n\n(5A) Of the members referred to in subsection (1)(b) and (c)—\n\n(a) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; and\n\n(b) one must be a person with commercial expertise at a senior level.\n\n(6) In this section a reference to a fixed number of members is a reference to the number of members fixed by Order in Council under section 63.\n\nNote to s. 11 amended by No. 69/2015 s. 47(4).\n\n**Note**\n\nSection 11A provides for the composition of the Council until an Order in Council is made under section 63.\n\nS. 11A inserted by No. 69/2015 s. 48.\n\n\t11A Council membership pending Order under section 63\n\n(1) Until an Order in Council is made under section 63 for the purposes of section 11, the Council consists of at least 13 but no more than 21 persons being—\n\n(a) the official members; and\n\n(b) at least 4 government appointed members; and\n\n(c) at least 4 Council appointed members; and\n\n(d) the elected members.\n\n(2) The official members of the Council are—\n\n(a) the Chancellor; and\n\n(b) the Vice-Chancellor; and\n\n(c) the president (however designated) of the academic board or its equivalent.\n\n(3) The government appointed members are—\n\n(a) at least 3 persons appointed by the Governor in Council under section 12(1); and\n\n(b) one person appointed by the Minister under section 12(2).\n\n(4) The Council appointed members are the persons appointed by the Council under section 13.\n\n(5) The number of government appointed members must be equal to or greater than the number of Council appointed members.\n\n(6) Of the members referred to in subsection (1)(b) and (c)—\n\n(a) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; and\n\n(b) one must be a person with commercial expertise at a senior level.\n\nS. 12 (Heading) amended by No. 73/2012 s. 47(1).\n\n\t12 Government appointed members\n\nS. 12(1) amended by No. 73/2012 s. 47(2).\n\n(1) On the recommendation of the Minister, the Governor in Council, by instrument, may appoint persons to the Council as government appointed members.\n\nS. 12(2) amended by No. 73/2012 s. 47(3).\n\n(2) The Minister, by instrument, may appoint persons to the Council as government appointed members.\n\n(3) In making a recommendation under subsection (1) or an appointment under subsection (2), the Minister must have regard to appointing members to the Council who have—\n\n(a) the knowledge, skills and experience required for the effective working of the Council;\n\n(b) an appreciation of the values of a university relating to teaching, research, independence and academic freedom;\n\n(c) the capacity to recognise the needs of the external community served by the University.\n\nS. 12(4) amended by No. 73/2012 s. 47(2).\n\n(4) Not more than 2 members of the Council who are government appointed members may be persons whose normal place of residence is outside Australia.\n\nS. 12(5) amended by No. 73/2012 s. 47(4).\n\n(5) A government appointed member may be removed at any time—\n\n(a) in the case of a member appointed under subsection (1), by the Governor in Council; and\n\n(b) in the case of a member appointed under subsection (2), by the Minister.\n\n\t13 Council appointed members\n\n(1) The Council may appoint persons to the Council as Council appointed members.\n\n(2) In making an appointment under subsection (1), the Council must have regard to appointing members to the Council who have—\n\n(a) the knowledge, skills and experience required for the effective working of the Council;\n\n(b) an appreciation of the values of a university relating to teaching, research, independence and academic freedom;\n\n(c) the capacity to recognise the needs of the external community served by the University.\n\n(3) Not more than 2 members of the Council who are Council appointed members may be persons whose normal place of residence is outside Australia.\n\n\t14 Limitations on membership\n\n(1) A person who is a member of the Parliament of Victoria or of the Commonwealth or of any other State or Territory must not be a member of the Council.\n\n(2) A person is ineligible to be a member of the Council if the person—\n\n(a) is or becomes disqualified from managing corporations under Part 2D.6 of the Corporations Act; or\n\n(b) is, or has been, convicted or found guilty of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence.\n\n\t15 Responsibilities of Council members\n\n(1) A member of the Council must act reasonably to ensure that the Council carries out its functions and exercises its powers appropriately, effectively and efficiently.\n\n(2) In exercising his or her responsibilities and carrying out his or her functions and duties, a member of the Council must—\n\n(a) act in good faith, honestly and for proper purposes consistent with the objects and interests of the University;\n\n(b) exercise reasonable skill, appropriate care and diligence; and\n\nS. 15(2)(c) amended by No. 76/2013 s. 28(1).\n\n(c) take reasonable steps to avoid all conflicts of interest unless they are declared in accordance with clause 11 of the Schedule.\n\n(3) A member of the Council must not make improper use of his or her position as a member, or of information acquired because of his or her position as a member, to gain, directly or indirectly, an advantage for the member or for another person.\n\n\t16 Remuneration\n\n(1) Subject to subsection (2), at the discretion of the Council, a member of the Council other than a member who holds—\n\n(a) a full-time office on the staff of the University; or\n\n(b) a full-time office under the Crown in any of its capacities; or\n\n(c) a full-time office in a statutory authority—\n\nmay be paid the remuneration and fees that are fixed from time to time by the Minister for that member.\n\n(2) The following persons are not entitled to be paid or to receive any remuneration, fees, allowances or expenses in respect of their membership of the Council—\n\n(a) the Chief Justice and other Justices of the High Court of Australia;\n\n(b) the Chief Justice and other Judges of the Supreme Court;\n\n(c) a judge of any other court in Victoria or any other State or Territory.\n\nS. 17 amended by No. 76/2013 s. 28(2).\n\n\t17 Membership and procedure of Council\n\nTheSchedule has effect with respect to the membership and procedure of the Council.\n\n\t18 Power to delegate\n\n(1) Subject to subsection (2), the Council, by instrument, may delegate its powers or functions under this Act to—\n\n(a) a member of the Council; or\n\n(b) a committee of the Council; or\n\n(c) any member of staff of the University; or\n\n(d) the academic board or its equivalent; or\n\n(e) any other entity prescribed by the university statutes.\n\n(2) The Council must not delegate—\n\n(a) this power of delegation; or\n\n(b) the power to appoint officers under section 9(1)(a); or\n\n(c) the power to make university statutes.\n\n**Note**\n\nSee also sections 41A, 42 and 42A of the **Interpretation of Legislation Act 1984**.\n\n\t19 Indemnities\n\nThe University must indemnify and keep indemnified—\n\n(a) each member of the Council; and\n\n(b) any member of a committee constituted or appointed by resolution of the Council or by or under a university statute or university regulation; and\n\n(c) any member of the academic board or its equivalent—\n\nagainst all actions or claims (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 in good faith in the exercise or purported exercise of any power or duty conferred or imposed—\n\n(d) on the Council, any committee or the academic board or its equivalent; or\n\n(e) on any member or members of the Council, committee or the academic board or its equivalent by or under this Act.\n\nPart 3—Persons and bodies connected with the University\n\n\t20 Academic board or its equivalent\n\nSubject to the university statutes and university regulations, the Council—\n\n(a) must establish an academic board or its equivalent; and\n\n(b) must determine—\n\n(i) the powers, functions and membership of the academic board or its equivalent; and\n\n(ii) the method of appointment of a president (however designated) of the academic board or its equivalent.\n\n\t21 Faculties, departments, divisions, centres, units, schools and institutes of the University\n\n(1) There are the faculties, departments, divisions, centres, units, schools and institutes of the University (however designated) that the Council from time to time specifies.\n\n(2) Nothing in this section limits the name by which any faculty, department, division, centre, unit, school or institute or any head of any faculty, department, division, centre, unit, school or institute may be known.\n\n\t22 Visitor\n\n(1) The person who holds the office of Governor of the State is the Visitor of the University.\n\n(2) Subject to subsection (3), the Visitor has power to do anything necessary to carry out the duties and functions of the Visitor.\n\n(3) The Visitor—\n\n(a) has ceremonial functions only; and\n\n(b) has no powers, duties or functions with respect to the resolution of disputes or any other matter concerning the affairs of the University, other than a matter involving the exercise of ceremonial functions only.\n\n\t23 Acting Visitor\n\n(1) The Visitor may authorise a person to act as Visitor in his or her place—\n\n(a) in relation to any particular matter concerning the affairs of the University; or\n\n(b) during any period when the Visitor is absent or unable to act.\n\n(2) The person who is authorised to act as Visitor under subsection (1) has all the powers, duties and functions of the Visitor to the extent, or for the period of, the authorisation under that subsection.\n\nPart 4—Officers of the University\n\n\t24 Chancellor\n\n(1) There is a Chancellor of the University.\n\n(2) The Council must appoint a person to the office of Chancellor of the University when there is a vacancy in that office.\n\n(3) A person may be appointed Chancellor whether or not the person is a member of the Council.\n\n(4) The Chancellor holds office—\n\n(a) for a term not exceeding 5 years fixed by the Council in accordance with the university statutes and is eligible for reappointment; and\n\n(b) on the conditions determined by the Council in accordance with the university statutes and university regulations.\n\n\t25 Deputy chancellor\n\n(1) There is at least one deputy chancellor of the University.\n\n(2) The Council must appoint a person to be a deputy chancellor of the University when there is a vacancy in that office.\n\n(3) A deputy chancellor holds office—\n\n(a) for a term not exceeding 5 years fixed by the Council in accordance with the university statutes and is eligible for reappointment; and\n\n(b) on the conditions determined by the Council in accordance with the university statutes and university regulations.\n\n(4) A deputy chancellor is to act as Chancellor—\n\n(a) in the absence of the Chancellor; or\n\n(b) during any vacancy in the office of Chancellor; or\n\n(c) during the inability of the Chancellor to act; or\n\n(d) at any other time with the consent of the Chancellor.\n\n(5) When acting as Chancellor, a deputy chancellor, has all the powers and duties of the Chancellor.\n\n\t26 Vice-Chancellor\n\n(1) There is a Vice-Chancellor and President of the University.\n\n(2) The Council must appoint a person to the office of Vice-Chancellor when there is a vacancy in that office.\n\n(3) Despite subsection (2) and section 27(1), pending the appointment of a Vice-Chancellor under subsection (2), the Council may make an interim appointment of a person to a vacancy in the office of Vice-Chancellor.\n\n(4) An interim appointment under subsection (3) is for the period specified in the appointment, being a period not exceeding 12 months.\n\n(5) The Vice-Chancellor's terms of appointment are determined by the Council in accordance with the university statutes and university regulations.\n\n(6) Subject to this Act, the Vice-Chancellor—\n\n(a) is the chief executive officer of the University generally responsible for the conduct of the University's affairs in all matters; and\n\n(b) has the functions, powers and duties conferred or imposed upon him or her—\n\n(i) by or under this Act or any other Act; or\n\n(ii) by or under any university statute or university regulation; or\n\n(iii) by the Council.\n\n(7) Subject to this Act, the university statutes and the university regulations, the Vice-Chancellor may delegate any of his or her functions, powers and duties to—\n\n(a) any appropriately qualified member of staff; or\n\n(b) any committee established from appropriately qualified members of staff.\n\n\t27 Other officers\n\n(1) In accordance with the university statutes and university regulations, during the absence of the Vice-Chancellor, the Council may appoint an acting Vice-Chancellor.\n\n(2) In accordance with the university statutes and university regulations, the Council may appoint one or more deputy vice-chancellors who have the functions, duties and powers conferred by the university statutes and university regulations.\n\nPart 5—University statutes and university regulations\n\n\t28 Council may make university statutes and university regulations\n\nSubject to this Act, the Council may make any university statutes and university regulations with respect to any matter relating to—\n\n(a) the University; and\n\n(b) any person—\n\n(i) entering or on land or other property of the University; or\n\n(ii) using University facilities.\n\n\t29 Specific subject matter for university statutes and university regulations\n\n(1) Without limiting section 28, university statutes and university regulations may be made for or with respect to—\n\n(a) the organisation, management and good governance of the University;\n\n(b) the academic board or its equivalent;\n\n(c) employment of staff;\n\n(d) retired staff members;\n\n(e) discipline;\n\n(f) academic dress and academic titles, ranks or positions;\n\n(g) the common seal;\n\n(h) intellectual property;\n\n(i) examinations;\n\n(j) graduates;\n\n(k) students;\n\n(l) student loans;\n\n(m) courses of study;\n\n(n) credit in courses of the University for work done elsewhere;\n\n(o) degrees or other awards;\n\n(p) fees charged by the University;\n\n(q) trusts and endowments;\n\n(r) organisations, amenities and services which are not of an academic nature;\n\n(s) property, including buildings and staff housing;\n\n(t) traffic, including parking on University property;\n\nS. 29(1)(u) substituted by No. 69/2015 s. 49(a).\n\n(u) elections conducted by the University including electoral systems and procedures, voting methods, voter and candidate eligibility and dispute resolution;\n\nS. 29(1)(ua) inserted by No. 69/2015 s. 49(b).\n\n(ua) the elected members of the Council including—\n\n(i) fixing the number of each category of elected member; and\n\n(ii) making provision for any matter of a transitional nature consequent to altering the fixed number of each category of elected member under subparagraph (i);\n\nS. 29(1)(ub) inserted by No. 69/2015 s. 49(b).\n\n(ub) training and support of the members of the Council;\n\n(v) research, development, consultancy, university commercial activities and other services undertaken by the University for commercial organisations, public bodies or individuals;\n\n(w) recognition of institutions or bodies at which—\n\n(i) work is undertaken by students of the University for the purpose of satisfaction of degree requirements of the University; or\n\n(ii) research is or may be undertaken by teaching or research staff of the University; or\n\n(iii) any other work is undertaken that assists the University to attain any of its objects;\n\n(x) teaching, research and continuing education projects and university commercial activities within and outside Victoria undertaken by the University jointly with commercial organisations, public bodies or individuals;\n\n(y) the affiliation with the University of any colleges, halls of residence for students, educational, commercial, cultural, sporting or other institution, organisation or body if—\n\n(i) the affiliation would assist in attaining any of the objects of the University; and\n\n(ii) the governing body of the college, hall of residence, institution, organisation or body has consented to the affiliation.\n\n(2) Without limiting section 28, university statutes and university regulations may be made for or with respect to any other matter in relation to which—\n\n(a) the Council may make university statutes or university regulations; or\n\n(b) it is necessary or expedient to make university statutes or university regulations for the good governance of the University or for the management of its affairs.\n\n\t30 University statutes may provide for making of university regulations\n\n(1) A university statute made by the Council may provide for the making of university regulations for or with respect to prescribing or providing for any matter or thing for the purposes of the university statute, either by—\n\n(a) the Council; or\n\n(b) if the university statutes authorise it, by—\n\n(i) the Vice-Chancellor; or\n\n(ii) the academic board or its equivalent.\n\n(2) A university statute made by the Council may provide for—\n\n(a) the manner of making and promulgation of a university regulation;\n\n(b) the revocation or amendment of a university regulation.\n\n\t31 Manner of making university statutes and university regulations\n\n(1) A university statute made by the Council must—\n\n(a) be in writing; and\n\n(b) have the common seal of the University affixed; and\n\n(c) be submitted to the Minister for approval.\n\n(2) The Council must ensure that university statutes and university regulations are readily available to the public by whatever means the Council considers appropriate.\n\n(3) The Council may revoke or amend any university statute made under this Part in the same manner and subject to the same terms and conditions as the university statute was made.\n\n(4) The Vice-Chancellor may revoke or amend  \nany university regulation made under section 30(1)(b)(i).\n\n(5) The academic board or its equivalent may revoke or amend any university regulation made under section 30(1)(b)(ii).\n\n**Note**\n\nSection 30 empowers university statutes to provide for the revocation or amendment of university regulations.\n\n\t32 Commencement\n\n(1) A university statute comes into operation on the day on which the Minister approves it unless a later commencement day is specified in the university statute.\n\n(2) A university regulation comes into operation on—\n\n(a) the day on which it is promulgated in accordance with the university statute under which it is made; or\n\n(b) if a later day is specified in the university regulation, that later day.\n\n\t33 Application of laws to university statutes and university regulations\n\n(1) A university statute or university regulation is not a statutory rule for the purposes of the **Subordinate Legislation Act 1994**.\n\n(2) A university statute or university regulation is not a subordinate instrument for the purposes of section 32 of the **Interpretation of Legislation Act 1984**.\n\n\t34 Judicial notice of university statute or university regulation\n\n(1) The production of a verified copy of a university statute under the common seal of the University is sufficient evidence of its making and authenticity—\n\n(a) in all courts and tribunals; and\n\n(b) before all persons acting judicially.\n\n(2) The production of a verified copy of a university regulation under the common seal of the University is sufficient evidence of its making  \nand authenticity—\n\n(a) in all courts and tribunals; and\n\n(b) before all persons acting judicially.\n\nPart 6—Property, finance and commercial activities\n\nDivision 1—Property generally\n\n\t35 Powers relating to property\n\nThe University—\n\n(a) may acquire by purchase, gift, grant, bequest or devise any property for the purposes of this Act; and\n\n(b) may agree to and carry out any conditions of any such gift, grant, bequest or devise; and\n\n(c) has control and management of all property vested in or acquired by the University; and\n\n(d) may dispose of property of the University.\n\nDivision 2—Land\n\n\t36 Acquisition of land\n\n(1) After consultation with the University, the Minister may acquire any land for the purposes of, or in connection with, the University.\n\n(2) Land acquired under subsection (1) may be acquired by agreement or compulsorily.\n\n(3) The **Land Acquisition and Compensation Act 1986** applies to this Act and for that purpose—\n\n(a) the **La Trobe University Act 2009** is the special Act; and\n\n(b) the Minister is the Authority.\n\n(4) Any land acquired by agreement under this Act by the Minister—\n\n(a) is to be conveyed or transferred to the Crown; and\n\n(b) may be dealt with as unalienated Crown land, despite anything to the contrary in any Act.\n\n(5) Any land acquired compulsorily under this Act by the Minister—\n\n(a) vests in the Crown under section 24 of the **Land Acquisition and Compensation Act 1986**, despite anything to the contrary in that section; and\n\n(b) may be dealt with as unalienated Crown land, despite anything to the contrary in any Act.\n\n(6) Despite anything to the contrary in the **Land Act 1958**, any unalienated Crown land may—\n\n(a) be granted in fee simple to the University or to any educational institution affiliated or connected with the University—\n\n(i) for the consideration (if any) that the Governor in Council determines; and\n\n(ii) subject to the conditions, limitations and restrictions that the Governor in Council determines; or\n\n(b) be reserved under the **Crown Land (Reserves) Act 1978** either permanently or temporarily as a site for the purposes of the University or any such institution.\n\n\t37 Disposal of land\n\n(1) Without the prior approval of the Minister, the University must not alienate any land granted in fee simple under section 36(6)(a) whether—\n\n(a) the alienation of the land is in fee simple or for a lesser estate or interest; or\n\n(b) the alienation of the land is—\n\n(i) total or partial; or\n\n(ii) subject to conditions.\n\n(2) Subsection (1) does not apply to a leasehold interest not exceeding 21 years.\n\n(3) Without the prior approval of the Minister, the University must not alienate any interest in fee simple in any land owned by the University, other than land referred to in section 36(6)(a), if the sum of the consideration for the transfer or conveyance of that interest exceeds—\n\n(a) $5 000 000; or\n\n(b) any other greater amount that the Minister fixes by notice published in the Government Gazette.\n\n(4) Without the prior approval of the Minister, the University must not grant a lease for a term exceeding 21 years of any land owned by the University other than land referred to in section 36(6)(a).\n\n(5) Subject to section 38, this section has effect despite any Act or law to the contrary, including any rule of common law.\n\n\t38 Disposal of investment lands\n\nSections 37(3) and 37(4) do not apply to any land or any interest in land which, in the opinion of the Council, was acquired for investment purposes.\n\nDivision 3—Trust funds and related matters\n\n\t39 Creation and administration of trust funds and other funds\n\nSubject to this Act, the University may create and administer—\n\n(a) any trust fund; or\n\n(b) any funds for any other purpose.\n\n\t40 Establishment of investment common funds\n\n(1) The University may establish one or more investment common funds for the collective investment of any trust funds and other funds held by or in the custody of the University.\n\n(2) Without liability for breach of trust, the University may bring into or withdraw from any investment common fund the whole or any part of any trust fund or other fund held by or in the custody of the University.\n\n(3) Subsection (2) applies despite any direction to the contrary, whether express or implied, contained in the trust instrument.\n\n\t41 Distribution of income of investment common funds\n\n(1) Subject to subsection (2), the University must periodically distribute the income of each investment common fund among the funds participating in the pool having regard to the extent of the participation by each fund during the relevant accounting period.\n\n(2) From time to time, the University, if it considers it expedient to do so, may—\n\n(a) add some portion of the income of each investment common fund to the capital of the common fund; or\n\n(b) establish a fund or funds as a provision against capital depreciation or reduction in income.\n\n\t42 Commissions etc.\n\n(1) Out of the annual income of a trust fund in an investment common fund, the University may periodically deduct an amount not exceeding 5% of the annual income of that trust fund as commission for the administration of that trust fund.\n\n(2) The commission deducted in accordance with subsection (1) is to be received and accepted by the University as full payment to it for the costs of administration of the trust fund.\n\n(3) The University must not make any other charges on the trust fund in addition to the commission received under subsection (2) except in accordance with the trust instrument.\n\n\t43 Delegation\n\nDespite the terms of any trust, the Council may delegate all or any of its powers, functions and duties as trustee under this Division, other than this power of delegation, to—\n\n(a) a committee of the Council; or\n\n(b) a designated staff member of the University.\n\nDivision 4—Finance\n\n\t44 Revenue\n\nSubject to this Act, all fees and all other money received by or on behalf of the University under this Act or otherwise must be applied by the University solely for the objects or purposes of the University.\n\n\t45 Borrowing powers\n\n(1) Subject to this Act, for the purpose of carrying out or performing any of its powers, authorities, duties or functions, the University may—\n\n(a) borrow money at interest by way of mortgage, overdraft with an ADI or otherwise; or\n\n(b) without limiting paragraph (a)—\n\n(i) obtain financial accommodation within the meaning of section 3 of the **Borrowing and Investment Powers Act 1987**; or\n\n(ii) enter into and perform financial arrangements within the meaning of that section of that Act.\n\n**Note**\n\nSection 38 of the **Interpretation of Legislation Act 1984** defines ADI as an authorised deposit-taking institution within the meaning of the Banking Act 1959 of the Commonwealth.\n\n(2) Subsection (1) applies within the limits and upon the conditions as to security and otherwise as the Treasurer, from time to time, approves after consultation with the Minister.\n\n\t46 Investments\n\n(1) Subject to this Act, the University may invest any money of the University in any manner of investment authorised by the Council.\n\n(2) Any endowment funds held by the University in accordance with specific trusts as to the payment of the income from those funds in perpetuity may be invested for the time being in any manner in which moneys may be invested under the **Trustee Act 1958**.\n\n\t47 Audit of income and expenditure of University\n\nThe Council must arrange for an audit of the income and expenditure of the University, in accordance with the guidelines.\n\nDivision 5—Joint ventures and companies\n\n\t48 Corporations and joint ventures\n\n(1) For the purposes of one or more of the objects set out in subsection (2), the University may, in accordance with the guidelines—\n\n(a) be a member of a company, association trust or partnership;\n\n(b) form, manage or participate in the formation of a company, association, trust or partnership;\n\n(c) enter into a joint venture or joint undertaking with another person or persons.\n\n(2) For the purposes of subsection (1), the objects are—\n\n(a) making available facilities for study, research or education;\n\n(b) providing teaching, research, development, consultancy or other services for public or private entities;\n\n(c) assisting or engaging in the development or promotion of the University's research or the application or use of the results of that research;\n\n(d) preparing, publishing, distributing or licensing the use of literary or artistic work, audio or audiovisual material or computer software;\n\n(e) exploiting commercially a facility or resource of the University, including but not limited to, study, research or knowledge developed by or belonging to the University, whether alone or with another entity;\n\n(f) seeking or encouraging gifts to the University or for the University's purposes;\n\n(g) any other object, consistent with this Act, that the Council considers appropriate in the circumstances.\n\n\t49 Audit of limited company\n\n(1) If the University—\n\n(a) forms, participates in the formation of, or is a member of, a limited company to which section 48 applies; and\n\n(b) has control, within the meaning of section 3 of the **Audit Act 1994**, of that company—\n\nthe accounts of the limited company must be audited annually by the Auditor-General.\n\n(2) The requirements of subsection (1) are in addition to the requirements of the Corporations Act.\n\n\t50 Audit of other companies\n\n(1) If the University—\n\n(a) forms, participates in the formation of, or is a member of, a company under section 48 that is not incorporated or taken to be incorporated under the Corporations Act; and\n\n(b) has control, within the meaning of section 3 of the **Audit Act 1994**, of that company—\n\nthe accounts of the company must be audited annually by the Auditor-General.\n\n(2) The Auditor-General is not required to audit the accounts of a company incorporated or formed in a place outside Australia under this section if—\n\n(a) under the law applying to that company in that place, the Auditor-General cannot be appointed as auditor of the company; or\n\n(b) in the Auditor-General's opinion, it is impracticable or unreasonable for the Auditor-General to audit, or be required to audit, the accounts.\n\n\t51 Audits under sections 49 and 50 generally\n\n(1) For the purposes of an annual audit under section 49 or 50—\n\n(a) the Auditor-General and any person assisting the Auditor-General has, with respect to the accounts of the limited company or other company, as the case requires, all the powers conferred on the Auditor-General by any law relating to the auditing of public accounts;\n\n(b) the limited company or other company, as the case requires, must within 3 months after the company's accounts are balanced cause a statement of accounts to be prepared and submitted to the Auditor-General;\n\n(c) the statement of accounts must—\n\n(i) be prepared in the manner and in the form approved by the Minister administering Part 7 of the **Financial Management Act 1994**; and\n\n(ii) present fairly the financial transactions of the limited company or other company during the year and the financial position of the company at the end of the year;\n\n(d) the Auditor-General must forward to the Minister administering Part 7 of the **Financial Management Act 1994** a copy of the audited annual accounts.\n\n(2) Without limiting subsection (1)(a) or any powers of the Auditor-General under the **Audit Act 1994**, the Auditor-General and any person assisting the Auditor-General—\n\n(a) has right of access at all times to the books, securities, accounts and vouchers of the limited company or other company; and\n\n(b) may require from an officer or employee of the limited company, other company or the University any information, assistance and explanations necessary for the performance of the duties of the Auditor-General or person in relation to the audit.\n\n(3) The University must pay to the Consolidated Fund an amount to be determined by the Auditor-General to defray the costs and expenses of an audit under section 49 or 50.\n\n(4) Sections 49 and 50 do not apply to any limited company or other company of which the University has ceased to be a member before the last preceding annual audit.\n\nDivision 6—Guidelines\n\n\t52 Declarations—*university commercial activity*\n\nAfter consultation with the University, the Minister may, by order published in the Government Gazette, declare—\n\n(a) an activity to be a university commercial activity for the purposes of paragraph (a) of the definition of ***university commercial activity***;\n\n(b) a commercial activity not to be a university commercial activity for the purposes of paragraph (b) of the definition of ***university commercial activity***.\n\n\t53 University may submit guidelines to the Minister\n\n(1) The University may submit to the Minister for approval guidelines for or with respect to—\n\n(a) the carrying out of university commercial activities;\n\n(b) auditing under this Part;\n\n(c) finance and property matters;\n\n(d) any other matter related to the exercise of any functions, powers or duties under this Part;\n\n(e) any combination of the matters referred to in paragraphs (a) to (d).\n\n(2) Without limiting the content of the guidelines, the guidelines may provide for or with respect to—\n\n(a) requirements for feasibility and due diligence assessment;\n\n(b) requirements for identifying appropriate governance and administrative arrangements, including legal structures and audit requirements;\n\n(c) requirements for undertaking risk assessment and risk management measures;\n\n(d) maintaining any register of university commercial activities or the publication of information relating to university commercial activities in annual reports;\n\n(e) regulating the delegation by the Council of any of its functions under this Act in connection with the University's commercial activities;\n\n(f) the rights and responsibilities of members of the Council in relation to commercialisation for the purposes of avoiding real or apparent conflicts of interest;\n\n(g) any other matters the Council considers appropriate.\n\n\t54 Consultation\n\nBefore approving or making any guidelines, the Minister must consult with—\n\n(a) the Treasurer; and\n\nS. 54(b) amended by No. 71/2010 s. 71(Sch. item 2).\n\n(b) the University—\n\non the final form and content of the guidelines.\n\n\t55 Ministerial approval of guidelines and power to make guidelines\n\n(1) On the submission under section 53 by the University of guidelines for approval, the Minister may—\n\n(a) approve the guidelines; or\n\n(b) refer the guidelines back to the University for amendment in accordance with any comments the Minister may make; or\n\n(c) refuse to approve the guidelines.\n\n(2) The Minister may make interim guidelines for or with respect to the matters specified in section 53 pending—\n\n(a) the submission of guidelines by the University; or\n\n(b) the approval by the Minister of guidelines submitted by the University.\n\n(3) Unless sooner revoked by the Minister, interim guidelines made under subsection (2) operate until the Minister approves guidelines submitted by the University.\n\n\t56 Publication and availability\n\n(1) The Minister—\n\n(a) must cause the guidelines to be published in the Government Gazette; and\n\n(b) may publish the guidelines on the Internet.\n\n(2) The guidelines take effect—\n\n(a) on the date of publication in the Government Gazette; or\n\n(b) such later date as is specified in the guidelines.\n\n\t57 Guidelines and university statutes\n\nThe guidelines must not be inconsistent with a university statute or university regulation.\n\n\t58 Council to ensure compliance\n\n(1) The Council must ensure that any guidelines are complied with in carrying out the activities, functions, powers or duties to which the guidelines relate.\n\n(2) The failure of the Council to ensure compliance with a guideline in relation to a university commercial activity does not of itself invalidate any commercial agreement entered into, or action taken, by the Council or the University in respect of a university commercial activity to which the guideline relates.\n\n\t59 Reports to Minister\n\nThe Minister may request the University to provide a report on—\n\n(a) university commercial activities generally; or\n\n(b) any particular university commercial activity; or\n\n(c) any aspect of a University commercial activity.\n\n\t60 Referral to Auditor-General\n\n(1) The Minister may refer to the Auditor-General for investigation and report to the Minister—\n\n(a) a university commercial activity; or\n\n(b) any aspect of a university commercial activity.\n\n(2) A referral under subsection (1) may be made whether or not the university commercial activity was the subject of a report under section 59.\n\nPart 7—General\n\n\t61 Fine is civil debt recoverable summarily\n\nA fine imposed under the university statutes or university regulations on a member of the staff of the University, a student or any person entering or on land or other property of the University or using University facilities is a civil debt recoverable summarily by the University in any court of competent jurisdiction.\n\n\t62 Certificate is evidence of amount of fine\n\nA certificate in writing—\n\n(a) signed by the Vice-Chancellor or a person appointed by him or her for the purpose as to the amount of a fine imposed under the university statutes or university regulations on a member of the staff of the University, a student or any person entering or on land or other property of the University or using University facilities; and\n\n(b) giving particulars of the date of, and reasons for, the imposition of the fine—\n\nis prima facie evidence of the facts stated in the certificate in all courts and before all persons acting judicially.\n\nNew s. 63 inserted by No. 73/2012 s. 45.\n\n\t63 Orders in Council\n\n(1) The Governor in Council may make Orders for or with respect to—\n\nS. 63(1)(a) amended by No. 69/2015 s. 50.\n\n(a) fixing the number of members of the Council or the number of government appointed members and Council appointed members of the Council for the purposes of section 11;\n\n(b) the method of calculating the terms of office of government appointed members and Council appointed members so that their terms of office do not fall vacant in the same year;\n\nNote to s. 63(1)(b) amended by No. 76/2013 s. 28(3).\n\n**Note**\n\nThis method will override clause 1(2) of the Schedule.\n\n(c) making transitional provisions including—\n\n(i) application or saving provisions about the Council or the membership of the Council arising from any change of membership of the Council as the result of the making of an Order in Council under paragraph (a); and\n\n(ii) provision for members to go out of office or to be appointed to an office on a change of membership as the result of the making of an Order in Council under paragraph (a).\n\n(2) The Governor in Council must not make an Order under subsection (1) except on the recommendation of the Minister after the Minister has received a request from the Council for the Order made by a resolution of the Council and passed by a two thirds majority of the current members of the Council.\n\n(3) An Order in Council takes effect on the day specified in the Order in Council or, if no date is specified, on the day the Order in Council is published in the Government Gazette.\n\n(4) A copy of every Order in Council under this section must be  published in the Government Gazette  as soon as practicable after it is made.\n\n(5) A copy of every Order in Council made under this section must be laid before both Houses of Parliament on or before the 6th sitting day after the publication of the Order in accordance with subsection (4).\n\n(6) Part 5A of the **Subordinate Legislation Act 1994** applies to an Order in Council under this section as if the Order in Council were a legislative instrument within the meaning of that Act laid before each House of the Parliament under section 16B of that Act.\n\nPart 8—Repeals, consequential amendments and transitional matters\n\nPt 8 Div. 1 (Heading and s. 63)  \nrepealed by No. 75/2009 s. 74.\n\n* * * * *\n\nDivision 2—Transitional provisions\n\n\t64 Definitions for this Division\n\nIn this Division—\n\n***commencement date*** means the day on which section 63 comes into operation;\n\n***old Act*** means the **La Trobe University Act 1964**.\n\n\t65 Operation of Interpretation of Legislation Act 1984\n\nUnless the contrary intention expressly appears, this Division does not affect or take away from the **Interpretation of Legislation Act 1984**.\n\n**Note**\n\nSee in particular sections 14 and 16 of the **Interpretation of Legislation Act 1984**.\n\n\t66 University\n\n(1) Subject to section 4, on and from the commencement date, the University is taken to be the same body as it was immediately before that commencement, despite any changes to the constitution of the University and no decision, matter or thing is to be affected because of those changes.\n\n(2) On and from the commencement date, all property vested in the University under the old Act, including all money standing immediately before that date to the credit of a fund or account of the University under the old Act and any other money belonging to the University as at that date may, after that date, be used or invested by the University in accordance with this Act.\n\n\t67 Council\n\n(1) On and from the commencement date, the Council—\n\n(a) subject to paragraph (b), is taken to be the same body as it was immediately before that commencement, despite any changes to the constitution of the Council and no decision, matter or thing is to be affected because of those changes; and\n\n(b) continues in existence as if established under Division 2 of Part 2.\n\n(2) On and from the commencement date, all property vested in the Council under the old Act, including all money standing immediately before that date to the credit of a fund or account of the Council under the old Act and any other money belonging to the Council as at that date may, after that date, be used or invested by the Council in accordance with this Act.\n\n\t68 Members of Council\n\n(1) On and from the commencement date, the members of the Council in office under the old Act immediately before that date—\n\n(a) are taken to be the members of the Council appointed or elected in accordance with Part 2; and\n\n(b) continue in office on the same terms and conditions as those on which they were originally appointed or elected for the remainder of their original terms as if appointed or elected, as the case requires, under this Act.\n\n(2) A member of the Council, other than a member elected by and from the students, whose term of office is due to cease—\n\n(a) in December 2010 continues in office until 30 June 2011;\n\n(b) in December 2011 continues in office until 30 June 2012.\n\n\t69 Staff\n\n(1) A person employed immediately before the commencement date by the Council in accordance with section 22 of the old Act continues to be employed under this Act, subject to the same terms and conditions as applied immediately before the commencement date.\n\n(2) Nothing in subsection (1) prevents—\n\n(a) any of the terms and conditions of employment of a person referred to in subsection (1) from being altered by or under any law, award or agreement or under this Act, the university statutes or university regulations with effect from any time after the commencement date; or\n\n(b) a person referred to in subsection (1) from resigning or being dismissed at any time after the commencement date in accordance with the then existing terms and conditions of his or her employment.\n\n\t70 Construction of references\n\nOn and from the commencement date, in any Act (other than this Act), or in any subordinate instrument made under any Act or in any other document of any kind, unless the context otherwise requires—\n\n(a) a reference to the **La Trobe University Act 1964** is to be construed as a reference to the **La Trobe University Act 2009**; and\n\n(b) a reference to the Council constituted under the old Act is to be construed as a reference to the Council constituted under section 8; and\n\n(c) a reference to statutes of the University or regulations of the University made under the old Act is to be construed as a reference, as the case requires, to—\n\n(i) the university statutes; or\n\n(ii) the university regulations.\n\n\t71 Gifts, trusts and other dispositions\n\n(1) This section applies to—\n\n(a) a gift, disposition or trust of property or a trust fund to which the old Act applied immediately before the commencement date; or\n\n(b) a gift, disposition or trust of property or a trust fund—\n\n(i) made or declared, or deemed to have been made or declared, or created (as the case requires) before, on or after the commencement date, by deed, will or otherwise, to, in favour of, for the use of, or for the purposes of the University as established under the old Act; and\n\n(ii) which takes effect, or may take effect, or, in the case of a trust fund may be applied, on or after the commencement date.\n\n(2) A gift, disposition, trust or trust fund to which this section applies does not fail only because of the repeal of the old Act but, in relation to any other matter occurring on or after the commencement date—\n\n(a) in the case of a gift, disposition or trust of property, takes effect as if made or declared to, or in favour of, the University for a purpose of the University that corresponds with, or is similar to, the purposes for which it was made or declared; or\n\n(b) in the case of a trust fund, may be applied as if created in favour of the University for a purpose of the University that corresponds with, or is similar to, the purposes for which the fund was created.\n\n\t72 University statutes and university regulations\n\nOn and from the commencement date, any statute of the University or regulation of the University made under the old Act and in force as at that date—\n\n(a) is taken to be a university statute or university regulation made by the Council under Part 5 of this Act, as the case requires; and\n\n(b) may be amended or revoked in accordance with this Act.\n\n\t73 Regulations dealing with transitional matters\n\n(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act, including the repeals and amendments made by this Act.\n\n(2) Regulations made under this section may—\n\n(a) have a retrospective effect to a day on or from the date that this Act receives the Royal Assent; and\n\n(b) be of limited or general application; and\n\n(c) leave any matter or thing to be decided by a specified person or class of persons; and\n\n(d) provide for the exemption of persons or matters or a class of persons or matters from any of the regulations made under this section.\n\n(3) Regulations under this section have effect despite anything to the contrary in any Act (other than this Act or the **Charter of Human Rights and Responsibilities Act 2006**) or in any subordinate instrument.\n\nPt 8 Div. 3 (Heading and s. 74) substituted as Pt 8 Div. 3 (Heading and ss 74–78) by No. 73/2012 s. 46.\n\nDivision 3—Further transitional provisions\n\nS. 74 substituted by No. 73/2012 s. 46.\n\n\t74 Definition for this Division\n\nIn this Division—\n\n***commencement day*** means the day on which Part 6 of the **Education Legislation Amendment (Governance) Act 2012** comes into operation.\n\nS. 75 inserted by No. 73/2012 s. 46.\n\n\t75 Operation of Interpretation of Legislation Act 1984\n\nUnless the contrary intention expressly appears, this Division does not affect or take away from the **Interpretation of Legislation Act 1984**.\n\n**Note**\n\nSee in particular section 16 of the **Interpretation of Legislation Act 1984**.\n\nS. 76 inserted by No. 73/2012 s. 46, repealed by No. 69/2015 s. 51.\n\n* * * * *\n\nS. 77 inserted by No. 73/2012 s. 46.\n\n\t77 Saving of reconstituted Council\n\n(1) On and from the commencement day, the Council—\n\n(a) continues in existence as if established under Division 2 of Part 2; and\n\n(b) is taken to be the same body as it was immediately before that day, despite any changes to the constitution of the Council and no decision, matter or thing is to be affected because of those changes.\n\n(2) On and from the commencement day of an Order in Council under section 63, the Council—\n\n(a) continues in existence as if established under Division 2 of Part 2; and\n\n(b) is taken to be the same body as it was immediately before that day, despite any changes to the constitution of the Council and no decision, matter or thing is to be affected because of those changes.\n\nS. 78 inserted by No. 73/2012 s. 46.\n\n\t78 Members of Council\n\n(1) On and from the commencement day, the members of the Council in office under section 11 immediately before that day except elected members—\n\n(a) are taken to be the members of the Council appointed in accordance with section 76; and\n\n(b) continue in office on the same terms and conditions as those on which they were originally appointed for the remainder of their original terms as if appointed under this Act.\n\nS. 78(2) repealed by No. 69/2015 s. 52.\n\n* * * * *\n\nPt 8 Div. 4 (Heading and s. 79) inserted by No. 69/2015 s. 53.\n\n\tDivision 4—Further transitional provisions\n\nS. 79 inserted by No. 69/2015 s. 53.\n\n\t79 Transitional provisions—Education Legislation Amendment (TAFE and University Governance Reform) Act 2015\n\n(1) Despite the commencement of Part 4 of the amending Act, the Council is not required to include elected members until 6 months after the commencement day.\n\n(2) The University must ensure that elections are held to elect the required number of elected members within 6 months after the commencement day.\n\n(3) Despite the commencement of Part 4 of the amending Act—\n\n(a) the Council may consist of 11 or 12 members until 6 months after the commencement day; and\n\n(b) the Council may consist of more than 21 members until 31 December in the second year next following the year in which elections are first held in accordance with subsection (2).\n\n(4) On and from the commencement day—\n\n(a) the Council is taken to be the same body despite the changes to its constitution made by Part 4 of the amending Act and no decision, matter or thing is affected by those changes; and\n\n(b) the members of the Council in office immediately before the commencement day continue in office, subject to this Act, on the same terms and conditions on which they held office immediately before the commencement day for the remainder of their current terms of office.\n\n(5) In this section—\n\n***amending Act*** means the **Education Legislation Amendment (TAFE and University Governance Reform) Act 2015**;\n\n***commencement day*** means the day on which Part 4 of the amending Act comes into operation.\n\nPt 8 Div. 5 (Heading and s. 80) inserted by No. 31/2018 s. 79.\n\nDivision 5—Further transitional provisions\n\nS. 80 inserted by No. 31/2018 s. 79.\n\n\t80 Transitional provision—Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018\n\n(1) Clause 1(1)(a) and (b) of Schedule 1 as substituted by Part 6 of the amending Act apply only to a government appointed member or Council appointed member appointed on or after the commencement day.\n\n(2) In this section—\n\n***amending Act*** means the **Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018**;\n\n***commencement day*** means the day on which Part 6 of the amending Act comes into operation.\n\nSchedule\n\nSection 17\n\nMembership and procedure of the Council\n\n\t1 Terms and conditions of office of Council members\n\nSch. cl. 1(1) amended by No. 73/2012 s. 48(1) (as amended by No. 76/2013 s. 27(2)).\n\n(1) Subject to this Act, including an Order in Council made under section 63—\n\nSch. cl. 1(1)(a) amended by No. 73/2012 s. 49(1) (as amended by No. 76/2013 s. 27(2)), substituted by No. 31/2018 s. 80(1).\n\n(a) a government appointed member holds office for the term, not exceeding 3 years, specified in the member's instrument of appointment;\n\nSch. cl. 1(1)(b) amended by Nos 73/2012 s. 49(2)(b) (as amended by No. 76/2013 s. 27(2)), 69/2015 s. 54(a), substituted by No. 31/2018 s. 80(2).\n\n(b) a Council appointed member holds office for the term, not exceeding 3 years, specified in the member's instrument of appointment;\n\nSch. cl. 1(1)(c) repealed by No. 73/2012 s. 49(2)(a) (as amended by No. 76/2013 s. 27(2)), new Sch. cl. 1(1)(c) inserted by No. 69/2015 s. 54(b).\n\n(c) an elected member elected by staff of the University holds office for a term, not exceeding 3 years, fixed by the Council in accordance with the university statutes and any university regulations;\n\nSch. cl. 1(1)(d) repealed by No. 73/2012 s. 49(2)(a) (as amended by No. 76/2013 s. 27(2)), new Sch. cl. 1(1)(d) inserted by No. 69/2015 s. 54(b).\n\n(d) an elected member elected by students of the University holds office for a term, not exceeding 2 years, fixed by the Council in accordance with the university statutes and any university regulations.\n\nSch. cl. 1(2) amended by No. 73/2012 s. 49(1) (as amended by No. 76/2013 s. 27(2)), repealed by No. 31/2018 s. 80(3).\n\n* * * * *\n\nSch. cl. 1(3) inserted by No. 73/2012 s. 48(2) (as amended by No. 76/2013 s. 27(2)), repealed by No. 31/2018 s. 80(3).\n\n* * * * *\n\n\t2 Members eligible for reappointment\n\nSch. cl. 2(1) amended by Nos 73/2012 s. 49(2)(c) (as amended by No. 76/2013 s. 27(2)), 69/2015 s. 55.\n\n(1) A member of the Council is eligible to be re‑appointed or re-elected to the Council at the end of the member's term of office, if the member's period in office does not exceed 12 years of membership, whether consecutive or not.\n\n(2) Subclause (1) does not apply to a member of the Council whose membership exceeds 12 years if the Council passes a resolution that the person may continue to be a member beyond that period.\n\n\t3 Council's power of removal\n\n(1) The Council may remove a member from office in accordance with this clause.\n\n(2) The Council may only remove a member from office if it is of the opinion that the member has failed to comply with the responsibilities of a member of the Council.\n\n(3) The Council must not remove a member from office unless—\n\n(a) another member gives notice at an ordinary meeting of the Council of an intention to move a motion for the member to be removed from the Council and sets out in the notice the grounds for removal; and\n\n(b) the member gives that notice no later than at the last ordinary meeting of the Council before the meeting at which the motion to remove the member will be put to the Council; and\n\n(c) if the member to be removed is not present at the meeting at which that notice is given, the Council gives the member written notice of the intention and sets out in the notice the grounds for removal; and\n\n(d) the Council gives the member to be removed an opportunity, at or before the meeting where the motion for removal is to be considered, to make submissions in writing or personally before the Council of the reasons why the member should not be removed from the Council; and\n\n(e) by a majority of two-thirds of the members present at the meeting, the Council passes a resolution removing the member from office on the grounds stated in the notice given under this clause.\n\n\t4 Vacancies in membership of Council\n\n(1) A member's office becomes vacant—\n\n(a) on the expiry of his or her term of office; or\n\n(b) if he or she resigns from office; or\n\n(c) if he or she is removed from office; or\n\n(d) if he or she is convicted of an indictable offence or an offence that, if committed in Victoria, would be an indictable offence; or\n\n(e) if he or she becomes an insolvent under administration; or\n\n(f) if he or she is or becomes disqualified from managing corporations under Part 2D.6 of the Corporations Act; or\n\n(g) if he or she is elected as a member of the Parliament of Victoria or of the Commonwealth or of any other State or Territory; or\n\n(h) if he or she ceases to be eligible for the category of member for which the member was elected or appointed; or\n\n(i) if he or she has failed to attend 3 consecutive ordinary meetings of the Council, without the Council's prior approval.\n\n(2) If a member of the Council becomes entitled to be a member ex officio—\n\n(a) that member is deemed to hold office ex officio; and\n\n(b) the vacated office of that member must be filled in the manner set out for the filling of casual vacancies.\n\nSch. cl. 4A inserted by No. 39/2012 s. 54.\n\n\t4A Leave of Absence\n\n(1) The Council may, in accordance with this Schedule, grant to or approve for a member of the Council such leave of absence as the Council determines and subject to such terms and conditions as the Council determines.\n\nSch. cl. 4A(2) amended by No. 73/2012 s. 49(1) (as amended by No. 76/2013 s. 27(2)).\n\n(2) The Council may grant a government appointed member of the Council leave of absence for a period not exceeding 3 months.\n\nSch. cl. 4A(3) amended by No. 73/2012 s. 49(1) (as amended by No. 76/2013 s. 27(2)).\n\n(3) The Council, with the prior approval of the Minister, may grant a government appointed member of the Council leave of absence for a period not exceeding 12 months.\n\n**Notes**\n\n1 Clause 4(1)(i) refers to leave of absence from ordinary meetings of the Council.\n\n2 Section 41 of the **Interpretation of Legislation Act 1984** provides for the appointment of a person to act in place of the holder of an office if the holder of the office is absent or unable to act.\n\nSch. cl. 4B inserted by No. 39/2012 s. 54.\n\n\t4B Terms and conditions of appointment of acting members\n\nThe Minister may determine the terms and conditions of appointment of an acting member of the Council including remuneration and fees (if any) to be paid to the acting member.\n\nSch. cl. 4C inserted by No. 39/2012 s. 54.\n\n\t4C Operation of Interpretation of Legislation Act 1984\n\nUnless the contrary intention expressly appears, this Schedule does not affect or take away from section 41 of the **Interpretation of Legislation Act 1984**.\n\nSch. cl. 5 amended by Nos 73/2012 s. 49(2)(d) (as amended by No. 76/2013 s. 27(2)), 69/2015 s. 56.\n\n\t5 Filling of vacancies on retirement\n\nThe appointment or election of a person as a member of the Council to fill a vacancy caused by the retirement of a member at the end of a term of office—\n\n(a) except in the case of Council appointed members, may be made within 6 months before the date of the end of the term of office of the retiring member and takes effect at the end of that term of office; and\n\n(b) in the case of Council appointed members, must be made on or before the last scheduled meeting of the Council before the end of the term of office of the retiring member.\n\nSch. cl. 6 repealed by No. 73/2012 s. 49(2)(e) (as amended by No. 76/2013 s. 27(2)), new Sch. cl. 6 inserted by No. 69/2015 s. 57.\n\n\t6 Conduct of elections\n\nElections of members of the Council are to be conducted in accordance with the requirements of this Act and the university statutes and any university regulations.\n\nSch. cl. 7 repealed by No. 73/2012 s. 49(2)(e) (as amended by No. 76/2013 s. 27(2)), new Sch. cl. 7 inserted by No. 69/2015 s. 57.\n\n\t7 Elected member vacancies taken to be casual vacancies\n\n(1) This clause applies if—\n\n(a) at any election for elected members of the Council—\n\n(i) no vacancies are filled; or\n\n(ii) a number of vacancies less than the whole number which should have been filled is filled; or\n\n(b) an election for elected members of the Council to fill vacancies should have been held but is not held.\n\n(2) The vacancies referred to in subclause (1) which should have been filled and are not filled are taken to be casual vacancies.\n\n(3) A member of Council eventually elected to fill a casual vacancy referred to in subclause (1) is entitled to continue in office as if elected at an election referred to in that subclause.\n\n\t8 Filling of casual vacancies generally\n\nSch. cl. 8(1) amended by No. 73/2012 s. 49(1)  \n(2)(f)(g) (as amended by No. 76/2013 s. 27(2)), substituted by No. 69/2015 s. 58(1).\n\n(1) A casual vacancy in the office of an elected member, a government appointed member or a Council appointed member must be filled by the election or appointment, as the case requires, of a member to fill the vacancy.\n\nSch. cl. 8(2) amended by No. 73/2012 s. 49(2)(h) (as amended by No. 76/2013 s. 27(2)), substituted by No. 69/2015 s. 58(2), amended by No. 31/2018 s. 81(1).\n\n(2) A person who is to be elected as a member of the Council must have the like eligibility or qualification (if any) as that of the member whose office has become vacant.\n\nSch. cl. 8(3) amended by No. 73/2012 s. 49(2)(g)(i) (as amended by No. 76/2013 s. 27(2)), substituted by No. 69/2015 s. 58(3).\n\n(3) Subject to clause 9, the election or appointment must be made by the person or body of persons who or which elected or appointed, as the case requires, the member whose office has become vacant.\n\nSch. cl. 8(4) amended by Nos 73/2012 s. 49(2)(h) (as amended by No. 76/2013 s. 27(2)), 69/2015 s. 58(4), 31/2018 s. 81(2).\n\n(4) Subject to this Act, a member elected to fill a casual vacancy is entitled to hold office during the remainder of the term of the member whose office the new member fills.\n\nSch. cl. 8(4A) inserted by No. 31/2018 s. 81(3).\n\n(4A) Subject to this Act, a government appointed member or a Council appointed member who has been appointed to fill a casual vacancy is entitled to hold office for the term, not exceeding 3 years, specified in the member's instrument of appointment.\n\nSch. cl. 8(5) amended by No. 73/2012 s. 49(1)(2)(f) (as amended by No. 76/2013 s. 27(2)), substituted by No. 69/2015 s. 58(5), amended by No. 31/2018 s. 81(4).\n\n(5) Despite subclauses (4) and (4A), it is not obligatory to fill a casual vacancy for the remainder of the term if—\n\n(a) in the case of a government appointed member or a Council appointed member, the vacancy occurs within 3 months before the expiry of the term of office;\n\n(b) in the case of an elected member, the vacancy occurs within 6 months before the expiry of the term of office.\n\n\t9 Interim Ministerial appointments\n\nSch. cl. 9(1) amended by No. 73/2012 s. 49(1) (as amended by No. 76/2013 s. 27(2)).\n\n(1) Despite section 12 and clause 8, after consultation with the Chancellor, the Minister may make an interim appointment of a person to a vacancy in the office of a government appointed member.\n\n(2) An interim appointment under subclause (1)—\n\n(a) is made by order published in the Government Gazette; and\n\n(b) is for the period specified in the order, being a period not exceeding 6 months; and\n\n(c) may be made despite the requirements of section 12.\n\n\t10 Chairperson\n\nAt every meeting of the Council—\n\n(a) the Chancellor or, in his or her absence, a deputy chancellor elected by the meeting, is to preside as chairperson; and\n\nSch. cl. 10(b) amended by No. 69/2015 s. 59.\n\n(b) in the absence of the Chancellor and a deputy chancellor, the members of the Council present must elect a government appointed member or Council appointed member as chairperson.\n\n\t11 Declaration of interests of Council members\n\n(1) A member of the Council who has an interest in a matter being considered or about to be considered by the Council must, as soon as practicable after the relevant facts have come to his or her knowledge, declare the nature of the interest—\n\n(a) at a meeting of the Council; or\n\n(b) in writing addressed to the Chancellor.\n\n(2) If the Chancellor receives a written declaration under subclause (1), the Chancellor must report it or cause it to be reported, at the next meeting of the Council.\n\n(3) The person presiding at a meeting at which a declaration is made under subclause (1) or reported under subclause (2) must cause a record of the declaration to be made in the minutes of the meeting.\n\n(4) After a declaration is made under subclause (1) by a member of the Council—\n\n(a) unless the Council otherwise directs, the member must not be present during any deliberation with respect to that matter; and\n\n(b) the member is not entitled to vote on the matter; and\n\n(c) if the member does vote on the matter, the vote must be disallowed .\n\n\t12 How questions are to be decided and quorum\n\nSch. cl. 12(1) substituted by No. 73/2012 s. 50 (as amended by No. 76/2013 s. 27(2)).\n\n(1) No question must be decided at any meeting of the Council unless there is a quorum of at least the majority of members holding office for the time being other than a member who is on leave of absence granted under clause 4A.\n\n(2) Subject to any university statute made under subclause (3), all questions which come before any meeting of the Council must be decided by the majority of the members present.\n\n(3) Subject to there being a quorum as required by subclause (1), the Council, by university statute, may provide that certain resolutions, or resolutions of certain classes, have effect only if passed by a specified majority of members or of members present and voting.\n\n(4) The Chairperson at any meeting has—\n\n(a) a vote; and\n\n(b) in case of an equality of votes, a casting vote.\n\n(5) Subject to this Act, the university statutes and the university regulations, the Council may regulate its own proceedings.\n\n\t13 Resolutions without meetings of the Council\n\n(1) If a majority of the members for the time being of the Council sign a document circulated by, or on behalf of, the Chancellor containing a statement that those members are in favour of a resolution in terms set out in the document, a resolution in those terms must be taken to have been passed at a meeting of the Council—\n\n(a) held on the day on which the document is signed; or\n\n(b) if the members do not sign it on the same day, on the day on which the last member to sign signs the document.\n\n(2) If a resolution is taken to have been passed at a meeting of the Council under subclause (1), each member must—\n\n(a) be advised as soon as practicable; and\n\n(b) be given a copy of the terms of the resolution.\n\n(3) For the purposes of subclause (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members, is to be taken to constitute one document.\n\n(4) In this clause, ***member***, in relation to a resolution, does not include a member who, by reason of clause 11, is not permitted to vote on the resolution.\n\n\t14 Approved methods of communication for Council meetings\n\n(1) If not less than two-thirds of the members of the Council so agree, a meeting of the Council may be held by means of a method of communication, or by means of a combination of methods of communication, approved by the Chancellor for the purposes of that meeting.\n\n(2) For the purposes of this Schedule, a member of the Council who participates in a meeting held in accordance with subclause (1) is present at the meeting even if he or she is not physically present at the same place as another member participating in the meeting.\n\n(3) In this clause, ***meeting*** includes a part of a meeting.\n\n\t15 Committees and delegation of powers\n\n(1) The Council, by resolution, may constitute and appoint any committees as it thinks fit.\n\n(2) At least one-third of the members of any committee must be members of the Council.\n\n(3) The Council, by resolution, may delegate to any committee or to any member of a committee all or any of its powers, authorities, duties and functions other than—\n\n(a) this power of delegation; and\n\n(b) the power to make university statutes and, except in accordance with section 30, university regulations.\n\n(4) A delegation under this clause is revocable by resolution of the Council.\n\n**Note**\n\nSee also sections 42 and 42A of the **Interpretation of Legislation Act 1984**.\n\n\t16 Validation of acts or decisions despite vacancy or disqualification\n\n(1) An act or decision of the Council or a committee of the Council is not invalid merely because of—\n\nSch. cl. 16(1)(a) amended by Nos 73/2012 s. 51 (as amended by No. 76/2013 s. 27(2)), 69/2015 s. 60(1)(a).\n\n(a) a defect or irregularity in, or in connection with, the appointment or election of a member of the Council; or\n\nSch. cl. 16(1)(b) amended by No. 69/2015 s. 60(1)(b).\n\n(b) a vacancy in the membership of the Council, including a vacancy arising from the failure to appoint or elect a member of the Council.\n\n(2) Anything done by or in relation to a person purporting to act as Chairperson, a member of the Council or on a committee is not invalid merely because—\n\nSch. cl. 16(2)(a) amended by Nos 73/2012 s. 51 (as amended by No. 76/2013 s. 27(2)), 69/2015 s. 60(2).\n\n(a) the occasion for the appointment or election had not arisen; or\n\nSch. cl. 16(2)(b) amended by Nos 73/2012 s. 51 (as amended by No. 76/2013 s. 27(2)), 69/2015 s. 60(2).\n\n(b) there was a defect or irregularity in, or in connection with, the appointment or election; or\n\nSch. cl. 16(2)(c) amended by Nos 73/2012 s. 51 (as amended by No. 76/2013 s. 27(2)), 69/2015 s. 60(2).\n\n(c) the appointment or election had ceased to have effect.\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n *Minister's second reading speech—*\n\n *Legislative Assembly: 17 September 2009*\n\n *Legislative Council: 15 October 2009*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to re-enact with amendments the law relating to La Trobe University, to repeal the **La Trobe University Act 1964** and other Acts and for other purposes.\"\n\nThe **La Trobe University Act 2009** was assented to on 1 December 2009 and came into operation on 1 July 2010: Government Gazette 24 June 2010 page 1273.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **La Trobe University Act 2009** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**La Trobe University Act 2009, No. 75/2009**\n\n| *Assent Date:* | 1.12.09 |\n| --- | --- |\n| *Commencement Date:* | S. 74 on 1.1.12: s. 74 |\n| *Current State:* | This information relates only to the provision/s amending the **La Trobe University Act 2009** |\n\n\n**Education and Training Reform Amendment (Skills) Act 2010, No. 71/2010**\n\n| *Assent Date:* | 19.10.10 |\n| --- | --- |\n| *Commencement Date:* | S. 71(Sch. item 2) on 1.4.11: Special Gazette (No. 102) 29.3.11 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **La Trobe University Act 2009** |\n\n\n**Education Legislation Amendment (VET Sector, Universities and Other Matters) Act 2012, No. 39/2012**\n\n| *Assent Date:* | 27.6.12 |\n| --- | --- |\n| *Commencement Date:* | S. 54 on 27.6.12: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the **La Trobe University Act 2009** |\n\n\n**Education Legislation Amendment (Governance) Act 2012, No. 73/2012** (as amended by No. 76/2013)\n\n| *Assent Date:* | 4.12.12 |\n| --- | --- |\n| *Commencement Date:* | Ss 43–51 on 1.1.13: s. 2(3) |\n| *Current State:* | This information relates only to the provision/s amending the **La Trobe University Act 2009** |\n\n\n**Education and Training Reform Amendment (Dual Sector Universities) Act 2013, No. 76/2013**\n\n| *Assent Date:* | 17.12.13 |\n| --- | --- |\n| *Commencement Date:* | S. 28 on 17.12.13: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the **La Trobe University Act 2009** |\n\n\n**Education Legislation Amendment (TAFE and University Governance Reform) Act 2015, No. 69/2015**\n\n| *Assent Date:* | 15.12.15 |\n| --- | --- |\n| *Commencement Date:* | Ss 46–61 on 1.1.16: Special Gazette (No. 403) 15.12.15 p.1 |\n| *Current State:* | This information relates only to the provision/s amending the **La Trobe University Act 2009** |\n\n\n**Education Legislation Amendment (Victorian Institute of Teaching, TAFE and Other Matters) Act 2018, No. 31/2018**\n\n| Assent Date: | 7.8.18 |\n| --- | --- |\n| Commencement Date: | Ss 79–81 on 15.10.18: Special Gazette (No. 466) 10.10.18 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **La Trobe University Act 2009** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1964 Act established La Trobe as a teaching and research university. The 2009 re-enactment and subsequent amendments (particularly 2012 and 2015) have significantly expanded the scope beyond traditional academic governance. The Act now extensively regulates commercial activities (Part 6, Division 6), including joint ventures, company formations, and ministerial oversight of 'university commercial activities'. It also incorporates modern corporate governance standards (financial expertise requirements for Council members, risk management obligations, conflict of interest regimes) that go well beyond the original educational mandate. The governance structure has been repeatedly modified to increase government influence (through appointed members) while maintaining elected staff and student representation, reflecting a shift toward hybrid public-sector/corporate governance models rather than purely collegial university governance."},"complexity_factors":["Multiple overlapping categories of Council members (government appointed, Council appointed, elected, official) with different appointment processes, term limits, and eligibility rules","Extensive transitional provisions (Part 8, Divisions 2–5) dealing with successive amendments from 2009, 2012, 2015, and 2018, creating parallel historical frameworks","Conditional logic for land disposal: different rules apply depending on whether land was granted in fee simple under s.36(6)(a), owned outright, or held for investment purposes (s.38 exemption)","Delegated legislative power: University can make 'university statutes' and 'university regulations' which are distinct from parliamentary regulations and not subject to standard subordinate legislation oversight (s.33)","Cross-references to external Acts including Corporations Act, Audit Act 1994, Land Acquisition and Compensation Act 1986, Borrowing and Investment Powers Act 1987, and Interpretation of Legislation Act 1984","Schedule containing detailed procedural rules for Council meetings, quorum, conflicts of interest, and removal of members, which operates alongside the main body of the Act","Ministerial oversight mechanisms layered throughout: approval of statutes (s.31), approval of guidelines (s.55), approval of land disposals (s.37), and Orders in Council for membership numbers (s.63)"],"plain_english_summary":"**What this legislation does:**\n\nThis Act is the **constitution** (founding legal document) for La Trobe University in Victoria. It establishes the University as a legal body, sets out its purpose, and creates the rules for how it is governed.\n\n**Key things it covers:**\n\n*   **The University's purpose:** Teaching, research, vocational education, and serving the community—particularly focusing on access for disadvantaged students and Aboriginal and Torres Strait Islander peoples.\n*   **Governance:** Establishes the **Council** as the governing body (like a board of directors). The Council appoints the Vice-Chancellor (the chief executive), sets strategy, approves the budget, and oversees academic and commercial activities.\n*   **Council membership:** The Council is made up of:\n    *   **Official members:** The Chancellor, Vice-Chancellor, and head of the academic board.\n    *   **Government appointed members:** Appointed by the Governor in Council and the Minister.\n    *   **Council appointed members:** Appointed by the Council itself.\n    *   **Elected members:** Staff and students elected by their peers.\n    *   *Important rule:* Government appointees must equal or outnumber Council appointees, and at least two members must have financial expertise.\n*   **Powers:** The University can buy and sell property, borrow money, invest funds, enter into commercial ventures (like joint ventures or companies), and make its own internal laws called **university statutes** and **university regulations**.\n*   **Land:** Special rules apply to land the University owns. Generally, the Minister must approve sales or long-term leases, though there are exceptions for investment properties.\n*   **Commercial activities:** The University can run businesses and commercial ventures, but must follow **guidelines** approved by the Minister. These cover things like risk management and avoiding conflicts of interest.\n*   **Academic matters:** The Council can confer degrees (except in divinity), set fees, and establish faculties and departments.\n\n**Who it affects:**\n\n*   Students and staff of La Trobe University.\n*   The University Council and senior officers (Chancellor, Vice-Chancellor).\n*   Anyone doing business with the University or using its facilities.\n\n**Why it matters:**\n\nThis Act gives La Trobe University its legal existence and autonomy. It balances the University's independence with government oversight—particularly in financial and commercial matters. It ensures the University remains accountable to the public while having the flexibility to operate as a modern educational and commercial institution."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act re‑enacts La Trobe’s founding statute but materially broadens and restructures governance and oversight compared with a simple re‑enactment. Key scope changes include: (a) formalised Ministerial and Governor‑in‑Council roles in appointments and statute approval (sections 12, 31(1), 63); (b) a new, explicit regime for university commercial activities with Ministerial declaration and guideline powers and reporting and Auditor‑General referral powers (sections 52–60); (c) expanded audit reach to companies controlled by the University and the requirement that the University meet audit costs (sections 49–51); and (d) tighter controls on land disposal and long leases needing Ministerial approval (section 37). These provisions extend the Act beyond merely restating the University’s existence to embedding stronger external oversight, financial governance requirements and constraints on property and commercial dealings."},"complexity_factors":["Multiple Parts and Schedule: 8 Parts plus detailed Schedule governing Council procedure and membership","Extensive defined terms in section 3 cross‑referenced across the Act (e.g. university commercial activity, Council categories)","Frequent cross‑references to other Acts (Interpretation of Legislation Act 1984, Audit Act 1994, Corporations Act, Land Acquisition and Compensation Act 1986, Trustee Act 1958, Financial Management Act 1994)","Delegated rulemaking: university statutes, university regulations and Ministerially‑approved guidelines (Parts 5 and 6) create multiple secondary instruments","Conditional and phased provisions: Orders in Council (section 63) and many transitional clauses (Part 8 Divs 2–5) with staggered commencement rules","Nested appointment and removal regimes: government appointed, Council appointed and elected members with differing terms, eligibility and interim appointment routes (Sections 11–13, Schedule clauses 8–9)","Multiple exceptions and ceilings: land disposal thresholds, lease term limits, funds management rules and auditing exceptions (Sections 36–38, 41–43, 49–51)","Conflict‑of‑interest and indemnity provisions with administrative procedures and record‑keeping requirements (Schedule cl.11; section 19)"],"plain_english_summary":"**What this law does, simply put**\n\n- It restates and modernises the legal foundation for La Trobe University and sets out how the university is governed, how it handles property and money, and how it may carry out commercial activities. (See Parts 1–6.)\n\n- The Act declares La Trobe University a corporate body with powers to run courses, award degrees, hold and dispose of property, enter contracts and form companies or joint ventures. (Sections 4–6, 35, 48.)\n\n- The governing body is the Council. The Act specifies who sits on the Council, how members are appointed or elected, the Council’s duties, and procedural rules for meetings, conflicts of interest and removal of members. (Sections 8–19; Schedule.)\n\n- The Council may make university statutes and regulations about academic, administrative and campus matters, but statutes must be submitted to the Minister for approval and regulations are made under those statutes. (Sections 28–33, 31(1).)\n\n- The Act creates a framework for the University’s commercial activities: the Minister can declare or exclude particular activities as “university commercial activities”, the University may propose guidelines for carrying out commercial activities, and the Minister may approve or make interim guidelines. The Council must ensure compliance with approved guidelines. (Sections 52–59.)\n\n- Where the University forms or controls companies or joint ventures, the Auditor‑General may be required to audit those companies and the University must meet the Auditor‑General’s costs for such audits. (Sections 48–51.)\n\n- The Act places limits on disposal of University land and on long leases without ministerial approval; certain land dealings and large transfers require prior Minister approval. (Sections 36–38.)\n\n**Who is affected**\n\n- La Trobe University as an organisation: its legal status, commercial activity rules, property rights and reporting obligations are governed by the Act. (Sections 4–6, 35–48, 52–59.)\n\n- Council members: composition, appointment, duties, conflict-of-interest rules, indemnities and remuneration are set out in detail. (Sections 11–19; Schedule; section 19 (indemnities).)\n\n- University officers: the Chancellor, Vice‑Chancellor and other officers’ appointment and powers are regulated. (Sections 24–27.)\n\n- Students, staff and third parties contracting or partnering with the University: academic governance, fees, discipline, commercial partnerships and campus rules are covered through statutes and regulations. (Sections 28–31, 29(1)(p),(v),(x).)\n\n- Government bodies: the Minister, Governor in Council and Auditor‑General have specified roles (appointing members, approving statutes/guidelines, auditing controlled companies). (Sections 12, 31(1), 55, 49–51, 63.)\n\n**Why it matters (mechanically)**\n\n- It shifts some powers from the University alone to a shared regime involving the Minister and Governor in Council: ministerial approval is required for university statutes (section 31(1)), for guidelines about commercial activity (section 55), and for certain land disposals and leases (section 37). Those meetings of executive power change who decides on high‑value transactions and governance arrangements.\n\n- It creates formal oversight of university commercialisation: the Minister can declare activities as commercial or not (section 52), approve guidelines that set due diligence, governance and reporting requirements (sections 53–55), and request reports or refer activities to the Auditor‑General (sections 59–60). The Council must ensure compliance (section 58(1)), although failure to comply does not on its own invalidate agreements (section 58(2)).\n\n- It brings potential public‑sector audit scrutiny to university‑controlled companies and joint ventures where the University has control as defined in the Audit Act; those companies’ accounts can be audited by the Auditor‑General and the University pays audit costs determined by the Auditor‑General. (Sections 48–51.)\n\n**Official purpose and a quick practical test against costs, incentives and trade‑offs**\n\n- The Act’s stated objective is to re‑enact and modernise La Trobe’s founding law and align governance and reporting with “best practice” (section 1). That objective is implemented by: (a) prescribing Council composition and duties (Part 2), (b) requiring ministerial approval of statutes (section 31(1)), and (c) introducing guidelines and oversight for commercial activities (Part 6).\n\n- Costs and compliance burdens introduced by the Act (mechanisms):\n  - preparing and submitting statutes and guidelines for Ministerial approval (sections 31(1), 53–55);\n  - producing reports and answering Ministerial inquiries about commercial activities (section 59) and complying with Auditor‑General audits of controlled companies (sections 49–51), including meeting any audit costs (section 51(3));\n  - securing Ministerial approval before disposing of certain land or granting long leases (section 37). These are concrete administrative and financial burdens.\n\n- Incentives and trade‑offs created by the Act:\n  - Requirement that government‑appointed and Council‑appointed membership include persons with financial and commercial expertise (section 11(5A)) increases technical oversight capacity on the Council but also creates a channel by which externally selected expertise influences university decisions.\n  - Ministerial powers to approve statutes and guidelines and to declare commercial activities (sections 31(1), 55, 52) increase external oversight and standardisation at the cost of reducing unilateral university discretion in those areas.\n\n- Implementation risk and bureaucratic discretion:\n  - The Act delegates significant content and process to university statutes and to Ministerially‑approved guidelines (sections 28–31, 53–56). The substance of many operational rules is therefore set outside the primary Act, creating reliance on secondary instruments and administrative decisions.\n  - Orders in Council may change Council size and terms (section 63) if the Council requests it; that channel centralises some structural changes via executive action.\n\n- Effects on private enterprise, markets and contracts:\n  - The University may form companies, be a member of companies or enter joint ventures (section 48). But where the University controls a company, that company may be subject to Auditor‑General audit (sections 49–51) and other public‑sector forms of oversight.\n  - Large land disposals and long leases require Ministerial approval (section 37), which can slow or condition commercial property transactions and affects bargaining and contracting dynamics with private parties.\n\n**Who pays and who decides (short)**\n\n- Who pays: the University bears administrative and compliance costs (preparing statutes/guidelines, reporting), pays Auditor‑General costs for audits of controlled companies (section 51(3)), and applies its fees and revenue to university purposes (section 44). The University also enforces fines under its statutes as civil debts (sections 61–62).\n\n- Who decides: the Council is the principal decision‑maker for everyday governance, appointments of university officers and making university statutes (sections 8–11, 24–27, 28). The Minister and Governor in Council exercise oversight and appointment powers (sections 12, 31(1), 52–56, 63), and the Auditor‑General exercises audit powers over certain controlled companies (sections 49–51).\n\n**Concrete implementation and compliance issues to watch**\n\n- The Council must design or revise its statutes and regulations to comply with the Act and any Ministerially‑approved guidelines (sections 28–33, 57).\n- Commercial activity guidelines can set mandatory due‑diligence, governance and conflict‑of‑interest rules (sections 53(2)(a)–(c), 53(2)(f)). Non‑compliance does not automatically invalidate contracts (section 58(2)), but it can trigger Ministerial reports or Auditor‑General referrals (sections 59–60) and reputational, operational or financial consequences.\n- Land disposal thresholds and ministerial approvals (section 37) create transactional checkpoints that affect large property deals and long leases.\n\n**Net practical takeaway**\n\nThis Act establishes La Trobe’s corporate form and a detailed governance and accountability framework. It centralises certain oversight functions with the Minister and Auditor‑General (statute approval, commercial‑activity guidelines, audits of controlled companies, and approvals for major land dealings) while requiring the Council to adopt professional expertise and stricter administrative controls (sections 11, 53–55, 49–51, 37). The main trade‑off is increased external oversight and standardisation against reduced unilateral autonomy for the University and an increased compliance and reporting burden for its governance and commercial operations."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on available information, this Act appears to remain focused on its original purpose of establishing and governing La Trobe University. No significant scope changes are evident from the provided text, though the consolidated version indicates amendments have been made over time since the original 2009 enactment."},"complexity_factors":["Institutional governance structures require understanding of corporate and administrative law concepts","Interaction with broader Victorian higher education framework and Commonwealth funding laws","Council composition and voting rules can involve technical procedural requirements","Powers of delegation and sub-delegation add layers of authority that can be hard to trace","NOTE: The provided text was largely metadata/formatting only — actual complexity of the full Act cannot be fully assessed from this extract"],"plain_english_summary":"La Trobe University Act 2009 creates La Trobe University as a legal body corporate and sets the legal framework for its existence, governance and powers. It affects students, academic and professional staff, the governing council and anyone contracting with or subject to university decisions. The Act matters because it gives the university legal personality, authority to award degrees and manage affairs, and establishes accountability to the Victorian Government."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/la-trobe-university-act-2009","history":"/api/acts/la-trobe-university-act-2009/history","analysis":"/api/acts/la-trobe-university-act-2009/analysis","conflicts":"/api/acts/la-trobe-university-act-2009/conflicts","importantCases":"/api/acts/la-trobe-university-act-2009/important-cases","documents":"/api/acts/la-trobe-university-act-2009/documents"}}