Part 2—Constitution and governance of the University
Division 1—The University
S. 4 (Heading) substituted by No. 50/2013 s. 8(1).
4 Federation University Australia
(1) The University of Ballarat is declared to have been established on 1 January 1994.
S. 4(1A) inserted by No. 50/2013 s. 8(2).
(1A) By amendments to this Act made by the University of Ballarat Amendment (Federation University Australia) Act 2013, the name of the University is changed from "University of Ballarat" to "Federation University Australia".
(2) The University established in accordance with subsection (1) and as constituted in accordance with the University of Ballarat Act 1993 as in force immediately before its repeal—
(a) continues in existence under this Act; and
S. 4(2)(b) amended by No. 50/2013 s. 8(3).
(b) is a body politic and corporate by the name "Federation University Australia".
(3) The University consists of—
(a) the Council; and
(b) the staff, other than the 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
(c) the graduates; and
(d) the students; and
(e) the emeritus professors of the University.
5 Objects of the University
The objects of the University include—
(a) to provide and maintain a teaching and learning environment of excellent quality offering higher education at an international standard;
(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;
(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;
(d) to equip graduates of the University to excel in their chosen careers and to contribute to the life of the community;
(e) to serve the Victorian, Australian and international communities and the public interest by—
(i) enriching cultural and community life;
(ii) elevating public awareness of educational, scientific and artistic developments;
(iii) promoting critical and free enquiry, informed intellectual discourse and public debate within the University and in the wider society;
(f) to use its expertise and resources to involve Aboriginal and Torres Strait Islander people of Australia in its teaching, learning, research and advancement of knowledge activities and thereby contribute to—
(i) realising Aboriginal and Torres Strait Islander aspirations; and
(ii) the safeguarding of the ancient and rich Aboriginal and Torres Strait Islander cultural heritage;
(g) to provide programs and services in a way that reflects principles of equity and social justice;
(h) to confer degrees and grant diplomas, certificates, licences and other awards;
(i) to utilise or exploit its expertise and resources, whether commercially or otherwise.
6 General powers and functions of the University
(1) The University—
(a) is a body politic and corporate with perpetual succession; and
(b) may sue and be sued in its corporate name; and
(c) subject to this Act, may acquire, hold and dispose of real and personal property.
(2) The University may do and suffer all acts and things that a body corporate may by law do and suffer.
(3) Without limiting subsection (1) or (2), the University—
(a) may enter into contracts;
(b) may fix fees and charges;
(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;
(d) subject to any guidelines, may be a member of a company, association, trust or partnership;
(e) subject to any guidelines, may form or participate in the formation of a company, association, trust or partnership;
(f) subject to any guidelines, may enter into a joint venture or joint undertaking with any other person or persons;
(g) has any other powers and functions conferred on it by or under—
(i) this Act or any other Act; or
(ii) any university statute or university regulation;
(h) may do anything else necessary or convenient to be done for or in connection with its objects, powers and functions.
(4) The University may exercise its powers and functions—
(a) within and outside Victoria; and
(b) outside Australia.
7 Common seal
(1) The University has a common seal.
(2) The common seal of the University must be kept and used as directed by the Council or in any other manner authorised by university statute or university regulation.
(3) All courts, tribunals and other persons acting judicially—
(a) must take judicial notice of the common seal of the University on a document; and
(b) until the contrary is proved, must presume that it was duly affixed.
Division 2—The Council
8 The Council
(1) There is established a Council.
(2) The Council—
(a) is the governing body of the University; and
(b) has the general direction and superintendence of the University; and
(c) subject to this Act, the university statutes and university regulations, may exercise all the powers, functions and duties of the University.
(3) The primary responsibilities of the Council include—
(a) appointing and monitoring the performance of the Vice-Chancellor as the chief executive officer of the University;
(b) approving the mission and strategic direction of the University and its annual budget and business plan;
(c) overseeing and reviewing the management of the University and its performance;
(d) establishing policy and procedural principles for the operation of the University consistent with legal requirements and community expectations;
(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;
(f) overseeing and monitoring the assessment and management of risk across the University, including university commercial activities;
(g) overseeing and monitoring the academic activities of the University;
(h) approving any significant university commercial activities.
9 Powers and functions of the Council
(1) The Council has the following functions and powers—
(a) to appoint the Chancellor, any Deputy Chancellor and the Vice-Chancellor;
(b) to establish policies relating to the governance of the University;
(c) to oversee and review the management of the University and its performance;
(d) to oversee the management and control of the property and business affairs of the University;
(e) to oversee the management and control of the University's finances;
(f) any other powers and functions conferred on it by or under—
(i) this Act or any other Act; or
(ii) any university statute or university regulation;
(g) the power to do anything else necessary or convenient to be done for or in connection with its powers and functions.
(2) Without limiting subsection (1), the Council—
(a) may determine what persons or classes of persons constitute the academic staff of the University for the purposes of this Act;
(b) may designate a diploma or certificate to be awarded to students as—
(i) a postgraduate diploma or postgraduate certificate; or
(ii) a graduate diploma or graduate certificate; or
(iii) an undergraduate diploma or undergraduate certificate;
(c) may designate persons or classes of persons as students.
10 Power of Council to confer degrees and grant other awards
(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 diploma, certificate, licence or other award in any discipline, except divinity.
(2) The university statutes or university regulations may provide—
(a) for the conferral, without examination, of any degree or the granting, without examination, of any diploma, certificate, licence or other award referred to in subsection (1) on or to any person who has graduated from a university; and
(b) for the conferral honoris causa of any degree, or granting honoris causa of any diploma, certificate, licence or other award referred to in subsection (1) on or to any person, whether or not he or she has graduated from a university.
(3) If the university statutes so provide, the Council may revoke any degree conferred or diploma, certificate, licence or other award granted by the University, whenever conferred or granted.
(4) The power of the Council under subsection (3) is to be exercised in the circumstances and manner prescribed in the university statutes.
S. 11 substituted by No. 73/2012 s. 89.
11 Council membership
S. 11(1) substituted by No. 69/2015 s. 32(1).
(1) The Council consists of the fixed number of members being—
(a) the official members; and
(b) a fixed number of at least 4 government appointed members; and
(c) a minimum of one or any other greater fixed number of Council appointed members; and
(d) the elected members.
(2) The official members of the Council are—
(a) the Chancellor;
(b) the Vice-Chancellor;
(c) the president (however designated) of the academic board or its equivalent.
(3) The government appointed members are—
(a) a minimum of one or any other greater fixed number of persons appointed by the Governor in Council under section 12(1); and
(b) a minimum of one or any other greater fixed number of persons appointed by the Minister under section 12(2).
(4) The Council appointed members are the persons appointed by the Council under section 13.
S. 11(4A) inserted by No. 69/2015 s. 32(2).
(4A) The elected members are—
(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
(b) one or more persons elected by and from the students of the University in accordance with the university statutes and any university regulations.
(5) The number of government appointed members must be equal to or greater than the number of Council appointed members.
S. 11(5A) inserted by No. 69/2015 s. 32(3).
(5A) Of the members referred to in subsection (1)(b) and (c)—
(a) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; and
(b) one must be a person with commercial expertise at a senior level.
(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.
Note to s. 11 amended by No. 69/2015 s. 32(4).
Note
Section 11A provides for the composition of the Council until an Order in Council is made under section 63.
S. 11A inserted by No. 69/2015 s. 33.
11A Council membership pending Order under section 63
(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—
(a) the official members; and
(b) at least 4 government appointed members; and
(c) at least 4 Council appointed members; and
(d) the elected members.
(2) The official members of the Council are—
(a) the Chancellor; and
(b) the Vice-Chancellor; and
(c) the president (however designated) of the academic board or its equivalent.
(3) The government appointed members are—
(a) at least 3 persons appointed by the Governor in Council under section 12(1); and
(b) one person appointed by the Minister under section 12(2).
(4) The Council appointed members are the persons appointed by the Council under section 13.
(5) The number of government appointed members must be equal to or greater than the number of Council appointed members.
(6) Of the members referred to in subsection (1)(b) and (c)—
(a) at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; and
(b) one must be a person with commercial expertise at a senior level.
S. 12 (Heading) amended by No. 73/2012 s. 92(1).
12 Government appointed members
S. 12(1) amended by No. 73/2012 s. 92(2).
(1) On the recommendation of the Minister, the Governor in Council, by instrument, may appoint persons to the Council as government appointed members.
S. 12(2) amended by No. 73/2012 s. 92(3).
(2) The Minister, by instrument, may appoint persons to the Council as government appointed members.
(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—
(a) the knowledge, skills and experience required for the effective working of the Council;
(b) an appreciation of the values of a university relating to teaching, research, independence and academic freedom;
(c) the capacity to recognise the needs of the external community served by the University.
S. 12(4) amended by No. 73/2012 s. 92(2).
(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.
S. 12(5) amended by No. 73/2012 s. 92(4).
(5) A government appointed member may be removed at any time—
(a) in the case of a member appointed under subsection (1), by the Governor in Council; and
(b) in the case of a member appointed under subsection (2), by the Minister.
13 Council appointed members
(1) The Council may appoint persons to the Council as Council appointed members.
(2) In making an appointment under subsection (1), the Council must have regard to appointing members to the Council who have—
(a) the knowledge, skills and experience required for the effective working of the Council;
(b) an appreciation of the values of a university relating to teaching, research, independence and academic freedom;
(c) the capacity to recognise the needs of the external community served by the University.
(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.
14 Limitations on membership
(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.
(2) A person is ineligible to be a member of the Council if the person—
(a) is or becomes disqualified from managing corporations under Part 2D.6 of the Corporations Act; or
(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.
15 Responsibilities of Council members
(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.
(2) In exercising his or her responsibilities and carrying out his or her functions and duties, a member of the Council must—
(a) act in good faith, honestly and for proper purposes consistent with the objects and interests of the University; and
(b) exercise reasonable skill, appropriate care and diligence; and
(c) take reasonable steps to avoid all conflicts of interest unless they are declared in accordance with clause 11 of Schedule 1.
(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.
16 Remuneration
(1) Subject to subsection (2), at the discretion of the Council, a member of the Council other than a member who holds—
(a) a full-time office on the staff of the University; or
(b) a full-time office under the Crown in any of its capacities; or
(c) a full-time office in a statutory authority—
may be paid the remuneration and fees that are fixed from time to time by the Minister for that member.
(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—
(a) the Chief Justice and other Justices of the High Court of Australia;
(b) the Chief Justice and other Judges of the Supreme Court;
(c) a judge of any other court in Victoria or another State or Territory.