Schedule 2 — Provisions as to constitution and proceedings of the Kalgoorlie Campus Council
Terms used 70
Term of office 70
Casual vacancies 70
Vacation of office 71
Meetings 71
Notes
Compilation table 73
Uncommenced provisions table 76
Other notes 76
Defined terms
An Act to establish and incorporate Curtin University and for incidental and other purposes.
[Long title amended: No. 37 of 1981 s. 3; No. 96 of 1986 s. 11; No. 32 of 2016 s. 4.]
Part 1 — Preliminary
[Heading inserted: No. 32 of 2016 s. 5.]
1. Short title
This Act may be cited as the Curtin University Act 1966.
[Section 1 amended: No. 96 of 1986 s. 11; No. 32 of 2016 s. 6.]
2. Commencement
This Act shall come into operation on a date to be fixed by proclamation.
[3. Deleted: No. 37 of 1981 s. 4.]
4. Terms used
(1) In this Act, unless the contrary intention appears —
casual vacancy means a vacancy arising in the office of a member of the Council otherwise than by reason of the effluxion of time;
Chancellor means the Chancellor of the University;
Council means the Council of the University;
enrolled student means a student enrolled in the University;
examination means an examination conducted by the University and includes an examination conducted by any other person or body prescribed by the Statutes as a person or body authorised to conduct examinations for the University;
Kalgoorlie Campus means the educational facility established under section 21I;
member means a member of the Council;
prescribed means prescribed by this Act, by a by‑law made under this Act, by a Statute, or by a rule made under a Statute;
residential accommodation —
(a) means any form of accommodation (including, without limitation, a residential college, hostel, hall of residence or form of independent living); and
(b) includes facilities that are —
(i) ancillary to residential accommodation; and
(ii) primarily for the use of staff of the University, or enrolled students, or both;
Statute means a Statute of the University in force in pursuance of this Act;
Student Guild means the Student Guild incorporated under section 44;
University means Curtin University established under this Act;
Vice‑Chancellor means the Vice‑Chancellor of the University.
(2) If a question arises as to whether a person is a member of the academic staff or of the salaried or general staff (other than academic staff) of the University, or as to what persons or classes of persons constitute the academic staff or the salaried or general staff (other than academic staff) thereof, that question shall be determined by the Council, and the decision of the Council thereon is final.
[Section 4 amended: No. 49 of 1971 s. 2; No. 31 of 1974 s. 2; No. 37 of 1981 s. 5; No. 59 of 1982 s. 3; No. 51 of 1983 s. 14 (as amended: No. 96 of 1986 s. 13); No. 77 of 1985 s. 4; No. 96 of 1986 s. 4 and 11; No. 7 of 1988 s. 15; No. 35 of 1996 s. 4; No. 32 of 2016 s. 7.]
Part 2 — Curtin University
[Heading inserted: No. 32 of 2016 s. 8.]
Division 1 — The University
[Heading amended: No. 96 of 1986 s. 11.]
5. Establishment of Curtin University
(1) There continues to be a body corporate, to be called “Curtin University”.
(2A) Curtin University is the same body corporate —
(a) that was established under this Act and originally called the “Western Australian Institute of Technology”; and
(b) that was renamed the “Curtin University of Technology” by the amendments made to this Act by the Western Australian Institute of Technology Amendment Act 1986 section 5.
(2) The University —
(a) has perpetual succession; and
(b) shall have a common seal; and
(c) may sue and be sued in any court; and
(d) may take, purchase and hold real and personal property, including property devised, bequeathed or given to the University; and
(e) may grant, sell, alienate, assign or demise real and personal property acquired or held by the University as it thinks fit subject only, in respect of property devised, bequeathed or given to the University, to the express trusts of any deed, will, or instrument under which the property was acquired by the University; and
(ea) may grant leases of land vested in the University under section 20 or 31 for a term not exceeding 99 years subject, where the term exceeds 21 years, to the approval of the Minister; and
(eb) may enter into business arrangements; and
(f) may do and suffer all other acts and things that bodies corporate may by law do and suffer.
[Section 5 amended: No. 37 of 1981 s. 6; No. 96 of 1986 s. 5 and 11; No. 35 of 1996 s. 31; No. 32 of 2016 s. 9.]
6. Common seal of University
(1) The common seal of the University shall be kept in such custody as the Council directs and shall not be used except upon resolution of the Council or as may be authorised by the Statutes.
(2) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the University affixed to any document and shall presume that it was duly affixed until the contrary is proved.
[Section 6 amended: No. 96 of 1986 s. 11.]
7. Functions of University
(1) The functions of the University shall include the following —
(a) to provide courses of study appropriate to a university, and other tertiary courses;
(b) to encourage and participate in the development and improvement of tertiary education whether on a full or part‑time basis;
(c) to provide such other courses as may be approved by the Council;
(d) to undertake and support scholarship, pure and applied research, invention, innovation, education and consultancy, and to apply those matters to the advancement and application of knowledge —
(i) to the benefit of industry, business and government; and
(ii) to the benefit and wellbeing of the Western Australian, Australian and international communities;
(ea) to commercially develop or commercially use, for the University’s benefit, any facility, resource or property (real or personal) of the University or in which the University has a right or interest (including, for example, study, research, knowledge and intellectual property and the practical application of study, research, knowledge and intellectual property), whether alone or with others;
(eb) to generate revenue for the purpose of funding the carrying out of its functions;
(e) to foster the general welfare and development of its enrolled students;
(f) subject to this Act and the Statutes to make appropriate academic awards to enrolled students who have attained standards approved by the University in examinations and to other persons as prescribed;
(ga) to serve the Western Australian, Australian and international communities and the public interest by —
(i) enriching cultural and community life; and
(ii) raising public awareness of educational, scientific and artistic developments; and
(iii) promoting critical and free enquiry, informed intellectual discussion and public debate within the University and in the wider society;
(g) to provide such facilities relating to the foregoing functions as the Council thinks necessary or conducive for their attainment.
(2) The University shall have all such powers, rights and privileges as are reasonably necessary to enable it to carry out its functions.
(3) The University may carry out its functions and exercise its powers, including the power to enter into business arrangements, within or outside the State.
[Section 7 inserted: No. 96 of 1986 s. 6; amended: No. 43 of 1998 s. 4; No. 32 of 2016 s. 10.]
Division 2 — The Council
8. Council
The governing authority of the University (including the Kalgoorlie Campus) is the Council.
[Section 8 amended: No. 96 of 1986 s. 11; No. 32 of 2016 s. 11.]
9. Constitution of Council
(1) The Council consists of the following members —
(a) 3 persons appointed by the Governor on the recommendation of the Minister;
(b) the person for the time being holding the office of Vice‑Chancellor;
(c) one person who is a member of the academic staff of the University and who is elected by the academic staff of the University in the manner prescribed by Statute;
(d) 2 persons who are enrolled students —
(i) one of whom is an undergraduate student and who is elected by the undergraduate students in the manner prescribed by Statute; and
(ii) one of whom is a postgraduate student and who is elected by the postgraduate students in the manner prescribed by Statute;
(e) one person who is a member of the non‑academic salaried staff of the University, and who is elected by the non‑academic salaried staff of the University in the manner prescribed by Statute;
(f) 2 persons who are graduates of the University and who are elected by the graduates of the University in the manner prescribed by Statute;
(g) the person who, not being a member of the Council at the time of their appointment as Chancellor, is appointed Chancellor under section 11;
(h) not more than 5 persons appointed from time to time by co‑option by the Council, but a person whose sole or principal employment is that of a member of the staff of the University may not be so appointed;
(i) the person for the time being the chairperson of the Academic Board of the University established by Statute.
(2A) The fact that a person holds an elective office (for example, an elective office of the Student Guild) does not disqualify that person from being appointed or holding office under subsection (1).
(2) Of the members —
(a) at least 2 must have financial expertise (as demonstrated by relevant qualifications and by experience in financial management at a senior level in the public or private sector); and
(b) at least one must have commercial expertise (as demonstrated by relevant experience at a senior level in the public or private sector),
and the member mentioned in paragraph (b) may also be one of the members mentioned in paragraph (a).
[Section 9 amended: No. 57 of 1969 s. 2; No. 57 of 1970 s. 3; No. 49 of 1971 s. 3; No. 37 of 1981 s. 7; No. 59 of 1982 s. 4; No. 96 of 1986 s. 11; No. 7 of 1988 s. 16; No. 22 of 1996 s. 16(3); No. 35 of 1996 s. 5 and 32; No. 36 of 1999 s. 247; No. 8 of 2005 s. 4; No. 32 of 2016 s. 12.]
9AA. Nominations Committee
(1) The Council must establish and maintain a committee of the Council called the Nominations Committee.
(2) The Nominations Committee is to consist of not more than 6 members appointed by the Council.
(3) The following members are not eligible to be appointed to the Nominations Committee —
(a) the Vice‑Chancellor;
(b) the member referred to in section 9(1)(c);
(c) the members referred to in section 9(1)(d);
(d) the member referred to in section 9(1)(e);
(e) the members referred to in section 9(1)(f);
(f) the chairperson of the Academic Board of the University.
(4) The functions of the Nominations Committee are —
(a) to maintain lists of persons who are eligible and willing to be appointed to any vacancy or casual vacancy in the office of —
(i) any member of the Council who is appointed by the Governor or the Council; or
(ii) any member of the Kalgoorlie Campus Council who is appointed by the Minister or the Council;
(b) to recommend to the Minister suitable candidates for appointment to a vacancy or casual vacancy in the office of —
(i) any member of the Council who is appointed under section 9(1)(a); or
(ii) any member of the Kalgoorlie Campus Council who is appointed under section 21M(1)(a), (b) or (c);
(c) to recommend to the Council suitable candidates for appointment by co‑option under section 9(1)(h).
(5) The fact that the Nominations Committee or the Council has not recommended a person for appointment under section 9(1) or 21M(1) does not prevent the person from being appointed or holding office under section 9(1) or, as the case requires, section 21M(1).
(6) The Nominations Committee may regulate its own procedure, but it must comply with any direction given by the Council.
[Section 9AA inserted: No. 32 of 2016 s. 13.]
9A. Term of office of members
(1) Subject to section 10 —
(a) a member appointed under section 9(1)(a) or (h) holds office for a period of 3 years, commencing on the day of their appointment, unless a shorter term of office is specified under subsection (4);
(b) a member elected under section 9(1)(c), (e) or (f) holds office for a period of 3 years, commencing on the day their election takes effect, unless a shorter term of office is specified under subsection (5);
(c) a member elected under section 9(1)(d) holds office for a period of one year commencing on the day their election takes effect, unless a shorter term of office is specified under subsection (5).
(2) An appointed (which includes co‑opted) or elected member, on the expiry of their term of office —
(a) may be again appointed or elected, if they continue to be qualified under section 9; but
(b) on the expiry of a third successive term of office (of whatever duration), they are not eligible to hold office as a member until 12 months have elapsed after that expiry.
(3) However, a member elected under section 9(1)(d) may be re‑elected once, but only once, on the expiry of their term of office, if they continue to be qualified under section 9.
(4) The Governor or the Council may, when appointing a person as a member, specify a shorter term of office where an appointment for a shorter term is desirable to ensure that —
(a) the terms of office of members expire at intervals that will produce reasonable continuity of membership; or
(b) the terms of office expire on dates that afford the convenience of uniformity.
(5) The Council may, before an election is held for the purposes of section 9(1), specify that the election of a person is for a shorter term of office where election for a shorter term is desirable for a reason referred to in subsection (4).