The 12-year cumulative membership cap. A person is ineligible for election or appointment as an elected, appointed, or additional member if it would result in more than 12 years of total service, whether continuous or not (s 23(2)). However, a majority of members may agree to waive this (s 23(3)). This cap can catch long-serving members who might otherwise assume they are eligible for reappointment.
Removal threshold is 10 members, not a majority. The council may remove a member or officer only if at least 10 members are satisfied of a breach (s 26B(1), s 40D(1)). With a properly constituted council of 15 members (3 official, 5 appointed, 3 elected, 4 additional), 10 is a high threshold - more than two-thirds. If the council falls below 15 (minimum quorum is half, i.e., 8 or more under s 17), it may be difficult to reach 10.
The two-year term for student elected members. Student elected members (s 15(2)(c)) hold office for only 2 years, not 4 years like staff elected members (s 19(1), (2)). This can cause rapid turnover on the council and may require frequent elections or casual vacancy procedures.
Casual vacancy in a student elected office: council may appoint, but only a student. The council may appoint a student to fill a casual vacancy (s 20A(5)), but the person appointed is taken to have been elected, attracting all associated rights and obligations. If the council appoints a non-student, that person would be ineligible under s 15(2)(c).
Failure to elect: Minister may appoint someone as the ‘elected member’. If no person is elected for a class of elected members by the relevant day, the Minister may appoint a person (s 21(2)). The council may nominate someone if asked (s 21(3)). The appointed person is treated as having been elected (s 21(4)), but this bypasses the election process.
The election policy must be published on the website but cannot be delegated. The power to make an election policy is expressly non-delegable (s 11(2)(a)). The council itself must make the policy; it cannot delegate this to a committee or the vice-chancellor.
Trust amendments have no court supervision. The council may amend trust terms unilaterally by a written scheme, without court approval, as long as it prefers a purpose as nearly similar as practicable (ss 42-43). There is no requirement to notify donors (except if the property is land - s 45). This is a powerful tool but carries risk of challenge. The Act states the scheme is not invalid merely because another purpose might have been more properly selected (s 43(2)).
State land can only be leased, not sold or otherwise dealt with. The university may grant an interest in State land only by way of lease (s 49(2)). This restricts commercial arrangements involving land, such as long-term development agreements or subdivisional sales.
Revenue must be applied solely to university purposes. Subject to trust terms, all amounts received from any source must be applied solely to university purposes (s 54(1)). This includes - to remove doubt - enabling study or research for students or staff, advancement of learning, and helping affiliated bodies (s 54(2)). The phrase ‘solely to university purposes’ could restrict uses that are not directly educational or research-related.
Vehicle seizure: no right to compensation if sold. If a vehicle is sold by public auction after two months, no compensation is recoverable against the university (sch 1 s 10(4)). Owners must act quickly within the 14-day notice period and the subsequent two-month period to recover their vehicle. The university may also be a secured creditor for seizure costs (sch 1 s 9(6)).
Criminal history checks require written consent. The Minister or council may request a criminal history report only if the person has given written consent (s 62B(4)). A person who refuses consent may simply be ineligible for appointment or office.
Mandatory immediate disclosure of disqualification or conviction. A member who becomes disqualified or is convicted of an indictable offence must immediately give notice under s 62D(2). Failure carries a 100-penalty-unit fine. The notice must include sufficient details, such as the grounds for disqualification or the sentence imposed. This is a strict obligation with no de minimis exception.
Protected information cannot be re-disclosed. Criminal history reports and disqualification/conviction notices are protected information; unauthorised disclosure attracts a 100-penalty-unit penalty (s 62E(2)). Even those involved in administration can only disclose as permitted (s 62E(3), (4)). The Act requires destruction of reports and notices as soon as they are no longer needed (ss 62B(6), 62D(4)).
Provisions that appear to have been omitted or repealed. Sections 33, 39, 57, 58, 59, and 60 have been omitted or repealed. Practitioners relying on older versions of the Act should check current consolidation.