{"id":"university-acts-amendment-act-1996","name":"University Acts (Amendment) Act 1996","slug":"university-acts-amendment-act-1996","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174332,"registerId":"vic-university-acts-amendment-act-1996-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"University Acts (Amendment) Act 1996","content":"Version No. 001\n\n**University Acts (Amendment) Act 1996**\n\n**No. 57 of 1996**\n\nVersion incorporating amendments as at  \n1 May 2023\n\n**TABLE OF PROVISIONS**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purpose 1\n\n2 Commencement 1\n\nPart 2—Hawthorn Institute of Education 2\n\n3 Definition 2\n\n4 Transfer of assets and liabilities of the Hawthorn Company 2\n\n5 Gifts, trusts etc. 4\n\n6 Staff of the Hawthorn Company 5\n\n7 Indemnity of former members of Council of the Hawthorn Company 6\n\n8 Certain land used by the Hawthorn Company to vest in The University of Melbourne 6\n\n9 Amendment of Register etc 6\n\n10 Rules of the Hawthorn Company 6\n\n11 Powers of the Hawthorn Company 7\n\nPart 3—Swinburne University of Technology 8\n\n12 Definitions 8\n\n13 Constitution of the Council 8\n\n14 Vacation of office by members of Parliament 10\n\n15 Transitional provisions for Council 10\n\n16 New section 30C inserted 11\n\n17 Board of Technical and Further Education 12\n\n18 Board of Technical Studies 13\n\n19 Section 48 substituted 13\n\nPart 4—Royal Melbourne Institute of Technology 14\n\n20 Post-graduate student 14\n\n21 Vacation of office by members of Parliament 14\n\n22 Section 43 substituted 14\n\nPart 5—University of Ballarat 16\n\n23 Post-graduate student 16\n\n24 Vacation of office by members of Parliament 16\n\n25 Section 41 substituted 16\n\nPart 6—LaTrobe University 18\n\n26 Post-graduate student 18\n\n27 Section 42 substituted 18\n\nPart 7—Deakin University 20\n\n28 Post-graduate student 20\n\n29 Section 38 substituted 20\n\nPart 8—Monash University 22\n\n30 Section 42 substituted 22\n\nPart 9—Melbourne University 23\n\n31 Governor 23\n\n32 Section 47 substituted 23\n\nPart 10—Victoria University of Technology 24\n\n33 Post-graduate student 24\n\n34 Section 46 substituted 24\n\n═══════════════\n\nEndnotes 25\n\n1 General information 25\n\n2 Table of Amendments 27\n\n3 Explanatory details 28\n\n**Version No.** **001**\n\n**University Acts (Amendment) Act 1996**\n\n**No. 57 of 1996**\n\nVersion incorporating amendments as at  \n1 May 2023\n\n**The Parliament of Victoria enacts as follows:**\n\nPart 1—Preliminary\n\n\t1 Purpose\n\nThe main purposes of this Act are to—\n\n(a) merge part of the Hawthorn Institute of Education into The University of Melbourne;\n\n(b) make further provision for the Governor to act as Visitor of certain universities;\n\n(c) make miscellaneous amendments to the Acts establishing the universities.\n\n\t2 Commencement\n\n(1) This Act, except Parts 2 and 3, comes into operation on the day on which it receives the Royal Assent.\n\n(2) Parts 2 and 3 come into operation on 1 January 1997.\n\nPart 2—Hawthorn Institute of Education\n\n\t3 Definition\n\nIn this Part—\n\n***Hawthorn Company*** means the Hawthorn Institute of Education Limited A.C.N. 050 133 634.\n\n\t4 Transfer of assets and liabilities of the Hawthorn Company\n\nSubject to this Act, on and from 1 January 1997—\n\n(a) The University of Melbourne is the successor in law of the Hawthorn Company; and\n\n(b) the assets and rights of the Hawthorn Company vest in The University of Melbourne; and\n\n(c) the liabilities and obligations of the Hawthorn Company become liabilities or obligations of The University of Melbourne; and\n\n(d) any scholarship, prize or bursary of a continuing nature administered by the Hawthorn Company and existing immediately before 1 January 1997 shall be administered by The University of Melbourne, but otherwise in accordance with the terms and conditions to which it was subject immediately before that date; and\n\n(e) all contracts, deeds, bonds, agreements, arrangements, guarantees and other instruments (except contracts, agreements or arrangements relating to the members of staff of the Hawthorn Company referred to in section 6) made or entered into by, on behalf of, or in relation to the Hawthorn Company and in force immediately before 1 January 1997 have effect as if made or entered into by, on behalf of, or in relation to, The University of Melbourne; and\n\n(f) all actions, claims, arbitrations, applications and other proceedings (including proceedings on appeal or review) pending or existing immediately before 1 January 1997 by, against, or in relation to the Hawthorn Company have effect as if they were proceedings by, against, or in relation to The University of Melbourne, and may be continued and completed accordingly; and\n\n(g) any permit, licence or authority issued or granted to the Hawthorn Company by or under any Act continues to operate, despite anything in this Act, in favour of The University of Melbourne in the same way and to the same extent as it operated in favour of the Hawthorn Company; and\n\n(h) unless the contrary intention appears, a reference to the Hawthorn Company is deemed to be a reference to The University of Melbourne if the reference—\n\n(i) is in an Act, other than this Act, a subordinate instrument within the meaning of the **Interpretation of Legislation Act 1984**, a judgment or order of any other document whatever; and\n\n(ii) is in relation to a period occurring on or after 1 January 1997; and\n\n(i) all records and documents of the Hawthorn Company become the property of The University of Melbourne.\n\n\t5 Gifts, trusts etc.\n\nIf—\n\n(a) before or after 1 January 1997—\n\n(i) a gift, disposition or trust of property is made or declared or is deemed to have been made or declared; or\n\n(ii) a trust fund is created—\n\n(whether by deed, will or otherwise) to, in favour of, for the use of, or for the purposes of, the Hawthorn Company; and\n\n(b) the gift, disposition, trust or trust fund takes effect, or may take effect, or the trust fund may be applied, on or after that date—\n\nthe gift, disposition, trust or trust fund does not fail only because of the provisions of this Act, but, in relation to any other matter occurring on or after that date—\n\n(c) 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 of Melbourne or a company referred to in section 40A of the **Melbourne University Act 1958** for a purpose of The University of Melbourne or such a company that corresponds with, or is similar to, those purposes of the Hawthorn Company for which it was made or declared; or\n\nS. 5(d) amended by No. 74/2000 s. 3(Sch. 1 item 134).\n\n(d) in the case of a trust fund, may be applied as if created in favour of The University of Melbourne or a company referred to in section 40A of the **Melbourne University Act 1958** for a purpose of The University of Melbourne or such a company that corresponds with, or is similar to, those purposes of the Hawthorn Company for which the fund was created.\n\n\t6 Staff of the Hawthorn Company\n\n(1) On 1 January 1997, a person who, immediately before that date, was a member of the staff employed by the Hawthorn Company becomes a member of the staff of The University of Melbourne.\n\n(2) A person who becomes a member of the staff of The University of Melbourne under subsection (1)—\n\n(a) is a member of the staff of The University of Melbourne with remuneration no less than the person was receiving or was entitled to receive as a member of the staff of the Hawthorn Company immediately before 1 January 1997 and on terms and conditions no less favourable than those applying to that person immediately before that date; and\n\n(b) continues to have the benefit of all entitlements (including all entitlements arising from recognition of prior service with other bodies) accrued in respect of the person's appointment at the Hawthorn Company before 1 January 1997—\n\nsubject to any written notice, agreement or arrangement relating to the employment of that person given or made by or on behalf of the Hawthorn Company that was in force immediately before 1 January 1997.\n\n(3) A person transferred under subsection (1) who, immediately before the transfer, was an officer within the meaning of the **State Superannuation Act 1988**, continues, subject to that Act, to be an officer within the meaning of that Act, while he or she continues as a member of staff of The University of Melbourne.\n\n\t7 Indemnity of former members of Council of the Hawthorn Company\n\nA person who, immediately before 1 January 1997 was a director of the Hawthorn Company is entitled to be indemnified by The University of Melbourne in respect of any personal liability arising out of the bona fide execution of the duties, powers, authorities and discretions conferred or imposed on the person as a director to the same extent and in the same circumstances as if the person were a member of the Council or a Committee referred to in section 21 of the **Melbourne University Act 1958** before that date.\n\n\t8 Certain land used by the Hawthorn Company to vest in The University of Melbourne\n\nOn 1 January 1997, the land described in Certificate of Title volume 8082 folio 006 vests in fee simple (together with any appurtenant rights) in The University of Melbourne, subject to the conditions, covenants, encumbrances, limitations, exceptions, reservations and restrictions to which the land was subject immediately before its vesting under this section.\n\n\t9 Amendment of Register etc\n\nThe Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument, must make any amendments in the Register under the **Transfer of Land Act 1958** that are necessary because of the operation of this Act.\n\n\t10 Rules of the Hawthorn Company\n\n(1) The rules of the Hawthorn Company in force immediately before 1 January 1997, to the extent to which they could be made as regulations by The University of Melbourne and are not inconsistent with any rules so made, continue to have effect—\n\n(a) as if made as regulations under a Statute of The University of Melbourne; and\n\n(b) as if any reference to the Hawthorn Company were a reference to The University of Melbourne.\n\n(2) Rules continued in force under subsection (1) may be amended or revoked as if they were regulations made under a Statute by The University of Melbourne.\n\n\t11 Powers of the Hawthorn Company\n\nDespite anything to the contrary in the constitution of the Hawthorn Company, the Hawthorn Company is deemed to have, and always to have had, power to do all things it is authorised or empowered to do under and for the purposes of this Act or necessary or expedient to be done for the purposes of the merger with The University of Melbourne in accordance with this Part.\n\nPart 3—Swinburne University of Technology\n\n\t12 Definitions\n\nNo. 44/1992.\n\nIn section 3 of the **Swinburne University of Technology Act 1992**—\n\n(a) for the definition of ***Outer Eastern region of Melbourne*** **substitute** '**\"Outer Eastern region of Melbourne\"** means the municipal districts of Knox, Maroondah and Yarra Ranges;';\n\n(b) for the definition of ***post-graduate student*** **substitute**—\n\n'**\"post-graduate student\"** means a student enrolled as a candidate for a graduate diploma, degree of Master or Doctor or any other post-graduate course for admission to which completion of a degree is normally required;'.\n\n\t13 Constitution of the Council\n\n(1) For section 7(2) of the **Swinburne University of Technology Act 1992** **substitute**—\n\n\"(2) The Council shall consist of—\n\n(a) the Chancellor;\n\n(b) the Vice-Chancellor;\n\n(c) the Chairperson of the Academic Board;\n\n(d) the Chairperson of the Board of Technical Studies;\n\n(e) 3 persons elected of whom—\n\n(i) one shall be elected by and from staff enrolled as staff of the University teaching in or managing academic programs or courses of study or higher education or conducting research;\n\n(ii) one shall be elected by and from staff enrolled as staff of the University teaching or managing technical and further education programs;\n\n(iii) one shall be elected by and from staff enrolled as general staff of the University;\n\n(f) 2 persons elected of whom—\n\n(i) one shall be elected by and from students enrolled in academic programs or courses of study in higher education;\n\n(ii) one shall be elected by and from students enrolled in technical and further education programs;\n\n(g) 3 persons appointed by the Governor in Council who are members of the Parliament of Victoria recommended for appointment by a joint sitting of the members of the Legislative Council and the Legislative Assembly conducted in accordance with rules adopted for the purpose by the members present at the sitting;\n\n(h) 4 persons appointed by the Governor in Council;\n\n(i) one person appointed by the Minister;\n\n(j) 5 persons appointed by the Council.\".\n\n(2) For section 7(3) of the **Swinburne University of Technology Act 1992**—\n\n\"(3) One of the members appointed under sub‑section (2)(j) must be a person who resides in the Outer Eastern region of Melbourne\".\n\n\t14 Vacation of office by members of Parliament\n\nAfter section 10(2) of the **Swinburne University of Technology Act 1992** **insert**—\n\n\"(3) If a member of the Parliament appointed under section 7(2)(g) ceases to be a member of the Parliament of Victoria and is not re‑elected as such member at the next election, his or her office as a member of the Council becomes vacant.\".\n\n\t15 Transitional provisions for Council\n\n(1) All members of the Council of Swinburne University of Technology holding office on 31 December 1996 go out of office on that date but are eligible for re-election or re-appointment as members of the Council or to be members of the Council.\n\n(2) Subsection (1) does not apply to a member of the Council holding office under section 7(2)(a), (b) or (g) of the **Swinburne University of Technology Act 1992** on 31 December 1996.\n\n(3) Section 7(2)(e) of the **Swinburne University of Technology Act 1992** does not apply to the election of a person to the Council until 31 December 1998.\n\n(4) Until section 7(2)(e) applies, the Council includes 3 persons appointed by the Governor in Council who, immediately before 31 December 1996, were members of the staff of Swinburne University of Technology.\n\n(5) Section 7(2)(f) of the **Swinburne University of Technology Act 1992** does not apply to the election of a person to the Council until 31 December 1997.\n\n(6) Until section 7(2)(f) applies, the Council includes 2 persons appointed by the Governor in Council who, on 31 December 1996 were enrolled students of Swinburne University of Technology.\n\n(7) Section 7(2)(j) of the **Swinburne University of Technology Act 1992** does not apply to the appointment of a person to the Council until 31 December 1999.\n\n(8) Until section 7(2)(j) applies, the Council includes 5 persons appointed by the Governor in Council for the purposes of that paragraph.\n\n(9) Section 14 applies to the filling of casual vacancies arising before section 7(2)(e), (f) or (j) of the **Swinburne University of Technology Act 1992**, as the case requires, applies.\n\n(10) Despite section 8 of the **Swinburne University of Technology Act 1992**, a member of the Council appointed under this section may be appointed for a term that is less than 3 years but not less than one year.\n\n\t16 New section 30C inserted\n\nAfter section 30B of the **Swinburne University of Technology Act 1992** **insert**—\n\n\"30C. *Advisory Boards*\n\n(1) The Council may establish—\n\n(a) a Board of Higher Education; and\n\n(b) a Board of Swinburne at Lilydale; and\n\n(c) and any other Boards prescribed by the Statutes—\n\nas part of the Higher Education Division for providing advice to the Council and the Vice-Chancellor about any matters relating to—\n\n(d) the administration and development of the Division; and\n\n(e) the provision of academic programs and courses of study in higher education—\n\nthat are referred to the Board by the Council or the Vice-Chancellor for advice or that are prescribed by the Statutes.\n\n(2) A Board shall be constituted as prescribed by the Statutes.\n\n(3) A Board may regulate its own proceedings, subject to any Statutes and regulations.\".\n\n\t17 Board of Technical and Further Education\n\nIn section 34 of the **Swinburne University of Technology Act 1992**—\n\n(a) **omit** \"(1)\";\n\n(b) for paragraph (a) **substitute**—\n\n\"(a) may discuss, and advise the Council or the Vice-Chancellor about the development of the Technical and Further Education Division, the provision of effective, efficient and responsive technical and further education programs and services in the geographical area served by the Division, the development of strategic and business plans, capital management plans and performance agreements for the Division and any other matters which are relevant to the provision of technical and further education programs and services;\";\n\n(c) in paragraph (b) after \"Council\" (where twice occurring) **insert** \"or the Vice‑Chancellor\".\n\n\t18 Board of Technical Studies\n\nIn section 35(1)(b) of the **Swinburne University of Technology Act 1992** after \"advice to\" **insert** \"the Council and\".\n\n\t19 Section 48 substituted\n\nFor section 48 of the **Swinburne University of Technology Act 1992** **substitute**—\n\n\"48. *Visitor*\n\n(1) The person who holds the office of Governor of the State is the Visitor of the University and as Visitor has power to do anything necessary to carry out the duties and functions of the Visitor.\n\n(2) 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(3) The person who is authorised to act as Visitor under sub-section (2) has all the powers, duties and functions of the Visitor to the extent, or for the period of, the authorisation under that sub-section.\".\n\nPart 4—Royal Melbourne Institute of Technology\n\n\t20 Post-graduate student\n\nNo. 45/1992.\n\nIn section 3 of the **Royal Melbourne Institute of Technology Act 1992** for the definition of ***post‑graduate student*** **substitute**—\n\n'**\"post-graduate student\"** means a student enrolled as a candidate for a graduate diploma, degree of Master or Doctor or any other post‑graduate course for admission to which completion of a degree is normally required;'.\n\n\t21 Vacation of office by members of Parliament\n\nAfter section 10(2) of the **Royal Melbourne Institute of Technology Act 1992** **insert**—\n\n\"(3) If a member of the Parliament appointed under section 7(2)(h) ceases to be a member of the Parliament of Victoria and is not re‑elected as such member at the next election, his or her office as a member of the Council becomes vacant.\".\n\n\t22 Section 43 substituted\n\nFor section 43 of the **Royal Melbourne Institute of Technology Act 1992**—\n\n\"43. *Visitor*\n\n(1) The person who holds the office of Governor of the State is the Visitor of the University and as Visitor has power to do anything necessary to carry out the duties and functions of the Visitor.\n\n(2) 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(3) The person who is authorised to act as Visitor under sub-section (2) has all the powers, duties and functions of the Visitor to the extent, or for the period of, the authorisation under that sub-section.\".\n\nPart 5—University of Ballarat\n\n\t23 Post-graduate student\n\nNo. 107/1993.\n\nIn section 3 of the **University of Ballarat Act 1993** for the definition of ***post-graduate student*** **substitute**—\n\n'**\"post-graduate student\"** means a student enrolled as a candidate for a graduate diploma, degree of Master or Doctor or any other post‑graduate course for admission to which completion of a degree is normally required;'.\n\n\t24 Vacation of office by members of Parliament\n\nAfter section 10(2) of the **University of Ballarat Act 1993** **insert**—\n\n\"(3) If a member of the Parliament appointed under section 7(2)(g) ceases to be a member of the Parliament of Victoria and is not re‑elected as such member at the next election, his or her office as a member of the Council becomes vacant.\".\n\n\t25 Section 41 substituted\n\nFor section 41 of the **University of Ballarat Act 1993** **substitute**—\n\n\"41. *Visitor*\n\n(1) The person who holds the office of Governor of the State is the Visitor of the University and as Visitor has power to do anything necessary to carry out the duties and functions of the Visitor.\n\n(2) 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(3) The person who is authorised to act as Visitor under sub-section (2) has all the powers, duties and functions of the Visitor to the extent, or for the period of, the authorisation under that sub-section.\".\n\nPart 6—LaTrobe University\n\n\t26 Post-graduate student\n\nNo. 7189.\n\nIn section 2(1) of the **LaTrobe University Act 1964** for the definition of ***post-graduate student*** **substitute**—\n\n'**\"post-graduate student\"** means a student enrolled as a candidate for a graduate diploma, degree of Master or Doctor or any other post‑graduate course for admission to which completion of a degree is normally required;'.\n\n\t27 Section 42 substituted\n\nFor section 42 of the **LaTrobe University Act 1964** **substitute**—\n\n\"42. *Visitor*\n\n(1) The person who holds the office of Governor of the State is the Visitor of the University and as Visitor has power to do anything necessary to carry out the duties and functions of the Visitor.\n\n(2) 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(3) The person who is authorised to act as Visitor under sub-section (2) has all the powers, duties and functions of the Visitor to the extent, or for the period of, the authorisation under that sub-section.\".\n\nPart 7—Deakin University\n\nS. 28 amended by No. 70/1997 s. 78.\n\n\t28 Post-graduate student\n\nNo. 8610.\n\nIn section 2 of the **Deakin University Act 1974** for the definition of ***Post-graduate student*** **substitute**—\n\n'**\"post-graduate student\"** means a student enrolled as a candidate for a graduate diploma, degree of Master or Doctor or any other post‑graduate course for admission to which completion of a degree is normally required;'.\n\nS. 29 amended by No. 70/1997 s. 78.\n\n\t29 Section 38 substituted\n\nFor section 38 of the **Deakin University Act 1974** **substitute**—\n\n\"38. *Visitor*\n\n(1) The person who holds the office of Governor of the State is the Visitor of the University and as Visitor has power to do anything necessary to carry out the duties and functions of the Visitor.\n\n(2) 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(3) The person who is authorised to act as Visitor under sub-section (2) has all the powers, duties and functions of the Visitor to the extent, or for the period of, the authorisation under that sub-section.\".\n\nPart 8—Monash University\n\n\t30 Section 42 substituted\n\nNo. 6184.\n\nFor section 42 of the **Monash University Act 1958** **substitute**—\n\n\"42. *Visitor*\n\n(1) The person who holds the office of Governor of the State is the Visitor of the University and as Visitor has power to do anything necessary to carry out the duties and functions of the Visitor.\n\n(2) 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(3) The person who is authorised to act as Visitor under sub-section (2) has all the powers, duties and functions of the Visitor to the extent, or for the period of, the authorisation under that sub-section.\".\n\nPart 9—Melbourne University\n\n\t31 Governor\n\nNo. 6405.\n\nIn section 3(1) of the **Melbourne University Act 1958** **omit** the definition of ***Governor***.\n\n\t32 Section 47 substituted\n\nFor section 47 of the **Melbourne University Act 1958** **substitute**—\n\n\"47. *Visitor*\n\n(1) The person who holds the office of Governor of the State is the Visitor of the University and as Visitor has power to do anything necessary to carry out the duties and functions of the Visitor.\n\n(2) 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(3) The person who is authorised to act as Visitor under sub-section (2) has all the powers, duties and functions of the Visitor to the extent, or for the period of, the authorisation under that sub-section.\".\n\nPart 10—Victoria University of Technology\n\n\t33 Post-graduate student\n\nNo. 21/1990.\n\nIn section 3 of the **Victoria University of Technology Act 1990** for the definition of ***Post‑graduate student*** **substitute**—\n\n'**\"post-graduate student\"** means a student enrolled as a candidate for a graduate diploma, degree of Master or Doctor or any other post‑graduate course for admission to which completion of a degree is normally required;'.\n\n\t34 Section 46 substituted\n\nFor section 46 of the **Victoria University of Technology Act 1990** **substitute**—\n\n\"46. *Visitor*\n\n(1) The person who holds the office of Governor of the State is the Visitor of the University and as Visitor has power to do anything necessary to carry out the duties and functions of the Visitor.\n\n(2) 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(3) The person who is authorised to act as Visitor under sub-section (2) has all the powers, duties and functions of the Visitor to the extent, or for the period of, the authorisation under that sub-section.\".\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: 10 October 1996*\n\n*Legislative Council: 30 October 1996*\n\nThe long title for the Bill for this Act was \"to merge part of the Hawthorn Institute of Education into The University of Melbourne, to amend the Acts establishing universities to make further provision for the Governor to act as Visitor of those universities and to make miscellaneous amendments to those Acts and for other purposes.\"\n\nThe **University Acts (Amendment) Act 1996** was assented to on 10 December 1996 and came into operation as follows:\n\nSections 1, 2, 20–34 on 10 December 1996: section 2(1); sections 3–19 on 1 January 1997: section 2(2).\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 **University Acts (Amendment) Act 1996** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**University Acts (Further Amendment) Act 1997, No. 70/1997** (as amended by No. 74/2000)\n\n| Assent Date: | 18.11.97 |\n| --- | --- |\n| Commencement Date: | S. 78 on 10.12.96: s. 2(1A) |\n| Current State: | This information relates only to the provision/s amending the **University Acts (Amendment) Act 1996** |\n\n\n**Statute Law Revision Act 2000, No. 74/2000**\n\n| Assent Date: | 21.11.00 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. 1 item 134) on 22.11.00: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **University Acts (Amendment) Act 1996** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient content was provided in the legislative text to determine whether the scope changed from the original intent. The document appears to contain only version history and metadata rather than substantive provisions."},"complexity_factors":["Insufficient legislative text provided — only metadata and version history visible, making full analysis impossible","Amendment acts require cross-referencing with multiple original university acts to understand the full effect","Multiple universities likely affected, each with their own governing legislation","Historical context from 1996 may require knowledge of the university sector reforms occurring in that era"],"plain_english_summary":"The University Acts (Amendment) Act 1996 (Vic) makes targeted amendments to Victoria’s university legislation, altering governance, powers and obligations that shape how universities operate. It directly affects Victorian universities, their councils, staff, students and others who deal with those institutions, with potential implications for governance and accountability. The summary here is high-level only; the specific changes require reading the full amendment text."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act implements the purposes stated in section 1: merging part of Hawthorn into The University of Melbourne, providing for the Governor as Visitor, and miscellaneous university governance amendments. The provisions operate within that stated scope (asset/staff transfers, trust continuity, governance and definition standardisation) and do not expand the core subjects beyond the long title and section 1 purposes."},"complexity_factors":["Transfer mechanics for corporate successor, assets, liabilities and ongoing proceedings (s4) — requires continuity across contracts, licences and litigation.","Treatment of gifts, dispositions and trust funds (s5) — re‑characterises existing trusts to benefit the University of Melbourne or related corporations.","Staff transfer and entitlements protections (s6) — preserves remuneration and accrued entitlements, interacting with the State Superannuation Act 1988.","Vesting of specific land and requirement to amend land title registers (s8–9) — interaction with Transfer of Land Act 1958 and certificate of title.","Conversion and continuation of Hawthorn Company rules as university statutes/regulations (s10) — potential statutory/regulatory drafting and consistency issues.","Council composition and phased transitional arrangements at Swinburne (s13–15) — staggered electoral/appointment changes and short-term appointment terms.","Creation of advisory boards and alteration of board functions (s16–18) — new governance layers and statutory/statute interface.","Uniform Visitor provision and delegation power across multiple university Acts (s19,22,25,27,29,30,32,34) — centralises Visitor role with delegation discretion.","Vacation-of-office rules for parliamentary appointees (s14,21,24) — introduces automatic vacancy on non‑re‑election, affecting political appointee turnover.","Commencement staging (s2) and cross‑references to other Acts (Melbourne University Act 1958, State Superannuation Act) — sequencing and inter‑legislative dependencies."],"plain_english_summary":"This Act merges part of the Hawthorn Institute of Education into The University of Melbourne (successor in law from 1 January 1997), transferring assets, liabilities, staff, land, records, contracts and continuing scholarships and proceedings. It also amends multiple university Acts to standardise the definition of \"post‑graduate student\", make the State Governor the Visitor (with power to authorise delegates), and change council composition and vacancy rules at certain universities. Affected parties include Hawthorn staff and beneficiaries, university councils and students, donors, and the State as appointing authority."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original three purposes: (1) the Hawthorn Institute merger, (2) Visitor provisions for universities, and (3) miscellaneous amendments to university Acts. While it touches multiple universities, this was clearly the original intent as stated in the long title. The amendments shown in the endnotes (University Acts (Further Amendment) Act 1997 and Statute Law Revision Act 2000) are minor technical corrections that don't expand the scope beyond the original merger and governance tidy-up."},"complexity_factors":["Multiple amending instruments rolled into one Act affecting 8 separate university Acts plus the Hawthorn Institute merger","Extensive cross-referencing to external Acts (Swinburne University of Technology Act 1992, Royal Melbourne Institute of Technology Act 1992, etc.) requiring readers to consult those Acts to understand the full effect","Transitional provisions in Part 3 (sections 15(1)-(10)) with staggered implementation dates (1997, 1998, 1999) and conditional application of new council membership rules","Nested conditional logic in section 4 (transfer of assets) with 9 separate subparagraphs (a)-(i) covering different legal scenarios (contracts, proceedings, permits, etc.)","Technical land transfer provisions (section 8) referencing specific Certificate of Title volume and folio numbers","Superannuation continuity provisions (section 6(3)) requiring knowledge of the State Superannuation Act 1988","Standardised but repetitive Visitor provisions (sections 19, 22, 25, 27, 29, 30, 32, 34) using identical language across different university Acts"],"plain_english_summary":"This Act does three main things to Victorian university laws:\n\n**1. Merges the Hawthorn Institute of Education into the University of Melbourne**\n- On 1 January 1997, the Hawthorn Institute (a company) ceased to exist as a separate legal entity and all its assets, debts, staff, contracts, and land transferred to the University of Melbourne.\n- Staff kept their existing pay, conditions, and superannuation entitlements.\n- Gifts, trusts, and scholarships originally set up for Hawthorn continued but now benefit the University of Melbourne instead.\n- Former directors of Hawthorn received legal protection (indemnity) for actions they took while running the institute.\n\n**2. Changes who serves on university governing councils**\n- **Swinburne University**: Restructured its Council membership to include separate representatives for higher education staff, TAFE staff, general staff, and students from both higher education and TAFE streams. Added transitional rules to phase in these changes gradually between 1997 and 1999.\n- **All universities**: Clarified that if a Member of Parliament is appointed to a university council and then loses their seat at the next election, their council position automatically becomes vacant.\n\n**3. Standardises the role of the \"Visitor\"**\n- For most Victorian universities (Swinburne, RMIT, Ballarat, La Trobe, Deakin, Monash, Melbourne, and Victoria University), this Act updates the position of \"Visitor\" (a kind of constitutional overseer with ceremonial and dispute-resolution powers).\n- The Governor of Victoria automatically serves as Visitor for these universities.\n- The Governor can delegate Visitor powers to someone else temporarily if needed.\n\n**4. Updates definitions**\n- Standardised the definition of \"post-graduate student\" across multiple universities to mean anyone enrolled in graduate diplomas, Masters, PhDs, or other courses requiring a prior degree.\n\n**Who it affects**: Staff and students at Victorian universities (especially those affected by the Hawthorn merger or Swinburne's council changes), university administrators, and the Governor's office.\n\n**Why it matters**: This Act tidied up university governance after major structural changes in the 1990s, ensuring smooth transfers of assets and staff during mergers, clarifying council membership rules, and standardising oversight roles across the sector."}},"importantCases":[],"_links":{"self":"/api/acts/university-acts-amendment-act-1996","history":"/api/acts/university-acts-amendment-act-1996/history","analysis":"/api/acts/university-acts-amendment-act-1996/analysis","conflicts":"/api/acts/university-acts-amendment-act-1996/conflicts","importantCases":"/api/acts/university-acts-amendment-act-1996/important-cases","documents":"/api/acts/university-acts-amendment-act-1996/documents"}}