Grants Griffith University statutory corporate status with power to provide education and research, hold property, confer awards, run commercial activities and form corporate vehicles. It creates a governing Council with appointment, conduct and election rules, financial controls, and powers to re‑direct gifts. The Act also authorises campus enforcement (parking, directions, offences). It affects university leaders, staff, students, donors and visitors by changing governance, disclosure, commercialisation and on‑campus behaviour.
The Griffith University Act 1998 is the foundational statute that constitutes Griffith University as a body corporate with perpetual succession, a common seal and full legal capacity to sue and be sued (s 4). Its primary substantive work is to articulate the university’s statutory functions and then to allocate powers and governance structures so those functions can be discharged.
Section 5 enumerates nine core functions. The university must provide education at university standard, maintain facilities for study and research (with particular reference to Brisbane, Gold Coast and Logan), encourage advancement of knowledge and its application to government, industry, commerce and community, confer higher education awards, disseminate knowledge, provide staff and student wellbeing facilities, and — importantly — “exploit commercially, for the university’s benefit, a facility or resource of the university” including research or knowledge whether alone or with partners (s 5(h)). The final function is a catch-all: to perform any other functions conferred by this or another Act. These functions are not aspirational; they are the legal mandate against which the council’s performance is measured.
Part 2 establishes the council as the university’s governing body (s 8) and confers on it all powers necessary or convenient to perform its functions (s 9). The council’s membership is statutorily fixed at 18: two official members (chancellor and vice-chancellor), seven appointed by the Governor in Council, five elected (two academic staff, one general staff, one undergraduate and one postgraduate student), and four additional members chosen by the council itself, at least two of whom must be graduates and none of whom may be current students or staff (ss 12–16). The Act is prescriptive about terms of office (ss 18–20), casual vacancies (ss 20A, 21, 22), disqualification (s 23 referencing Corporations Act pt 2D.6 and indictable offences), vacation of office (s 24), and ministerial or council discretion to restore members convicted of indictable offences in appropriate cases (ss 25, 26).
Current sections
Direct links to the current provisions in Griffith University Act 1998.
154
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Griffith University Act 1998 .
sec.2
Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3
Definitions
sec.3 Definitions
The dictionary in schedule 2 defines particular words used in this Act.
pt.2
The university and its council
The university and its council
pt.2-div.1
University establishment and general functions and powers
University establishment and general functions and powers
sec.4
Establishment of university
sec.4 Establishment of university
The Griffith University is established.
The university—
is a body corporate; and
has a seal; and
may sue and be sued in its corporate name.
(sec.4-ssec.1) The Griffith University is established.
(sec.4-ssec.2) The university— is a body corporate; and has a seal; and may sue and be sued in its corporate name.
(a) is a body corporate; and
(b) has a seal; and
(c) may sue and be sued in its corporate name.
sec.5
Functions of university
sec.5 Functions of university
The university’s functions are—
to provide education at university standard; and
to provide facilities for study and research generally, and in particular, for people in the cities of Brisbane, Gold Coast and Logan; and
to encourage study and research; and
to encourage the advancement and development of knowledge, and its application to government, industry, commerce and the community; and
to provide courses of study or instruction (at the levels of achievement the council considers appropriate) to meet the needs of the community generally, and in particular, the people in the cities of Brisbane, Gold Coast and Logan; and
to confer higher education awards; and
to disseminate knowledge and promote scholarship; and
to provide facilities and resources for the wellbeing of the university’s staff, students and other persons undertaking courses at the university; and
to exploit commercially, for the university’s benefit, a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, belonging to the university, whether alone or with someone else; and
to perform other functions given to the university under this or another Act.
s 5 amd 2002 No. 75 s 44
(a) to provide education at university standard; and
(b) to provide facilities for study and research generally, and in particular, for people in the cities of Brisbane, Gold Coast and Logan; and
(ba) to encourage study and research; and
(c) to encourage the advancement and development of knowledge, and its application to government, industry, commerce and the community; and
(d) to provide courses of study or instruction (at the levels of achievement the council considers appropriate) to meet the needs of the community generally, and in particular, the people in the cities of Brisbane, Gold Coast and Logan; and
(e) to confer higher education awards; and
(f) to disseminate knowledge and promote scholarship; and
(g) to provide facilities and resources for the wellbeing of the university’s staff, students and other persons undertaking courses at the university; and
(h) to exploit commercially, for the university’s benefit, a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, belonging to the university, whether alone or with someone else; and
(i) to perform other functions given to the university under this or another Act.
sec.6
General powers of university
sec.6 General powers of university
The university has all the powers of an individual, and may, for example—
enter into contracts; and
acquire, hold, dispose of, and deal with property; and
appoint agents and attorneys; and
engage consultants; and
fix charges, and other terms, for services and other facilities it supplies; and
do anything else necessary or convenient to be done for, or in connection with, its functions.
Without limiting subsection (1) , the university has the powers given to it under this or another Act.
The university may exercise its powers inside or outside Queensland.
Without limiting subsection (3) , the university may exercise its powers outside Australia.
(sec.6-ssec.1) The university has all the powers of an individual, and may, for example— enter into contracts; and acquire, hold, dispose of, and deal with property; and appoint agents and attorneys; and engage consultants; and fix charges, and other terms, for services and other facilities it supplies; and do anything else necessary or convenient to be done for, or in connection with, its functions.
(sec.6-ssec.2) Without limiting subsection (1) , the university has the powers given to it under this or another Act.
(sec.6-ssec.3) The university may exercise its powers inside or outside Queensland.
(sec.6-ssec.4) Without limiting subsection (3) , the university may exercise its powers outside Australia.
(a) enter into contracts; and
(b) acquire, hold, dispose of, and deal with property; and
(c) appoint agents and attorneys; and
(d) engage consultants; and
(e) fix charges, and other terms, for services and other facilities it supplies; and
(f) do anything else necessary or convenient to be done for, or in connection with, its functions.
pt.2-div.2
Council establishment and general functions and powers
Council establishment and general functions and powers
sec.7
Establishment of council
sec.7 Establishment of council
There is a council of the university.
sec.8
Functions of council
sec.8 Functions of council
The council is the university’s governing body.
The council has the functions conferred on it under this or another Act.
(sec.8-ssec.1) The council is the university’s governing body.
(sec.8-ssec.2) The council has the functions conferred on it under this or another Act.
sec.9
Powers of council
sec.9 Powers of council
The council may do anything necessary or convenient to be done for, or in connection with, its functions.
Without limiting subsection (1) , the council has the powers given to it under this or another Act and, in particular—
to appoint the university’s staff; and
to manage and control the university’s affairs and property; and
to manage and control the university’s finances.
(sec.9-ssec.1) The council may do anything necessary or convenient to be done for, or in connection with, its functions.
(sec.9-ssec.2) Without limiting subsection (1) , the council has the powers given to it under this or another Act and, in particular— to appoint the university’s staff; and to manage and control the university’s affairs and property; and to manage and control the university’s finances.
(a) to appoint the university’s staff; and
(b) to manage and control the university’s affairs and property; and
(c) to manage and control the university’s finances.
sec.10
Council to promote university’s interests
sec.10 Council to promote university’s interests
The council must act in the way that appears to it most likely to promote the university’s interests.
sec.11
Delegation
sec.11 Delegation
The council may delegate its powers under this Act to—
an appropriately qualified member of the council; or
an appropriately qualified committee that includes 1 or more members of the council; or
an appropriately qualified member of the university’s staff.
However, the council may not delegate its power—
to make an election policy; or
to adopt the university’s annual budget.
A delegation of a power under subsection (1) to the vice-chancellor may permit the subdelegation of the power to an appropriately qualified member of the university’s staff.
s 11 amd 2017 No. 36 s 14 ; 2017 No. 36 s 106
(sec.11-ssec.1) The council may delegate its powers under this Act to— an appropriately qualified member of the council; or an appropriately qualified committee that includes 1 or more members of the council; or an appropriately qualified member of the university’s staff.
(sec.11-ssec.2) However, the council may not delegate its power— to make an election policy; or to adopt the university’s annual budget.
(sec.11-ssec.3) A delegation of a power under subsection (1) to the vice-chancellor may permit the subdelegation of the power to an appropriately qualified member of the university’s staff.
(a) an appropriately qualified member of the council; or
(b) an appropriately qualified committee that includes 1 or more members of the council; or
(c) an appropriately qualified member of the university’s staff.
(a) to make an election policy; or
(b) to adopt the university’s annual budget.
pt.2-div.3
Council membership
Council membership
sec.12
Membership of council
sec.12 Membership of council
The council consists of official members, appointed members, elected members and additional members.
s 12 sub 2005 No. 18 s 29
sec.13
Official members
sec.13 Official members
There are 2 official members.
The official members are—
the chancellor; and
the vice-chancellor.
s 13 sub 2005 No. 18 s 29
(sec.13-ssec.1) There are 2 official members.
(sec.13-ssec.2) The official members are— the chancellor; and the vice-chancellor.
(a) the chancellor; and
(b) the vice-chancellor.
sec.14
Appointed members
sec.14 Appointed members
There are 7 appointed members.
The Governor in Council is to appoint the appointed members.
s 14 amd 2002 No. 75 s 45 ; 2005 No. 18 s 30
(sec.14-ssec.1) There are 7 appointed members.
(sec.14-ssec.2) The Governor in Council is to appoint the appointed members.
sec.15
Elected members
sec.15 Elected members
There are 5 elected members.
The elected members are—
2 members of the academic staff; and
1 member of the general staff; and
1 undergraduate student, other than a person eligible for membership under paragraph (a) or (b) ; and
1 postgraduate student, other than a person eligible for membership under paragraph (a) or (b) .
Each elected member is to be elected at a council election.
s 15 amd 2002 No. 75 s 46 ; 2005 No. 18 s 31 ; 2017 No. 36 s 107
(sec.15-ssec.1) There are 5 elected members.
(sec.15-ssec.2) The elected members are— 2 members of the academic staff; and 1 member of the general staff; and 1 undergraduate student, other than a person eligible for membership under paragraph (a) or (b) ; and 1 postgraduate student, other than a person eligible for membership under paragraph (a) or (b) .
(sec.15-ssec.3) Each elected member is to be elected at a council election.
(a) 2 members of the academic staff; and
(b) 1 member of the general staff; and
(c) 1 undergraduate student, other than a person eligible for membership under paragraph (a) or (b) ; and
(d) 1 postgraduate student, other than a person eligible for membership under paragraph (a) or (b) .
sec.16
Additional members
sec.16 Additional members
There are 4 additional members.
The council must appoint the additional members.
The council must appoint at least 2 graduates of the university as additional members.
An additional member must not be a student or a member of the university’s academic staff or general staff.
s 16 sub 2005 No. 18 s 32
(sec.16-ssec.1) There are 4 additional members.
(sec.16-ssec.2) The council must appoint the additional members.
(sec.16-ssec.3) The council must appoint at least 2 graduates of the university as additional members.
(sec.16-ssec.4) An additional member must not be a student or a member of the university’s academic staff or general staff.
sec.17
When council is taken to be properly constituted
sec.17 When council is taken to be properly constituted
The council is taken to be properly constituted when it has 11 or more members, whether they be additional, appointed, elected or official members.
s 17 amd 2005 No. 18 s 33
sec.18
Appointed member’s term of office
sec.18 Appointed member’s term of office
An appointed member is to be appointed for a term of not more than 4 years.
s 18 amd 2005 No. 18 s 34
sec.19
Elected member’s term of office
sec.19 Elected member’s term of office
An elected member mentioned in section 15 (2) (a) or (b) holds office for 4 years.
An elected member mentioned in section 15 (2) (c) or (d) holds office for 2 years.
An elected member’s term of office starts—
if the member is re-elected—the day after the day when the member’s previous term of office ends; or
if paragraph (a) does not apply—the day after the day when the term of office of the member’s predecessor ends.
s 19 amd 2002 No. 75 s 74 sch ; 2005 No. 18 s 35
(sec.19-ssec.1) An elected member mentioned in section 15 (2) (a) or (b) holds office for 4 years.
(sec.19-ssec.2) An elected member mentioned in section 15 (2) (c) or (d) holds office for 2 years.
(sec.19-ssec.3) An elected member’s term of office starts— if the member is re-elected—the day after the day when the member’s previous term of office ends; or if paragraph (a) does not apply—the day after the day when the term of office of the member’s predecessor ends.
(a) if the member is re-elected—the day after the day when the member’s previous term of office ends; or
(b) if paragraph (a) does not apply—the day after the day when the term of office of the member’s predecessor ends.
sec.20
Additional member’s term of office
sec.20 Additional member’s term of office
An additional member is to be appointed for a term of not more than 4 years decided by the council.
s 20 sub 2005 No. 18 s 36
sec.20A
Dealing with casual vacancy in office of an elected member
sec.20A Dealing with casual vacancy in office of an elected member
This section applies if a casual vacancy arises in the office of an elected member.
If the elected member was elected at a council election, the council must appoint to the office the one person, if any, who—
was a candidate for the office in the council election; and
was not elected; and
received the highest number of votes of all the candidates who were not elected; and
is eligible, under this Act, to be a member; and
is willing to be, and available to perform the functions of, a member.
Subsection (4) applies if—
the elected member was not elected at a council election; or
no-one is eligible for appointment under subsection (2) .
The council must appoint to the office a person who—
is eligible, under this Act, to be a member; and
is an eligible person for the class of elected members of which the elected member was a member; and
otherwise meets any nomination requirements under the election policy for that class of elected members.
A person appointed under subsection (2) or (4) is taken, other than for subsection (2) or (3) (a) , to have been elected at a council election.
s 20A ins 2002 No. 75 s 47
amd 2017 No. 36 s 108
(sec.20A-ssec.1) This section applies if a casual vacancy arises in the office of an elected member.
(sec.20A-ssec.2) If the elected member was elected at a council election, the council must appoint to the office the one person, if any, who— was a candidate for the office in the council election; and was not elected; and received the highest number of votes of all the candidates who were not elected; and is eligible, under this Act, to be a member; and is willing to be, and available to perform the functions of, a member.
(sec.20A-ssec.3) Subsection (4) applies if— the elected member was not elected at a council election; or no-one is eligible for appointment under subsection (2) .
(sec.20A-ssec.4) The council must appoint to the office a person who— is eligible, under this Act, to be a member; and is an eligible person for the class of elected members of which the elected member was a member; and otherwise meets any nomination requirements under the election policy for that class of elected members.
(sec.20A-ssec.5) A person appointed under subsection (2) or (4) is taken, other than for subsection (2) or (3) (a) , to have been elected at a council election.
(a) was a candidate for the office in the council election; and
(b) was not elected; and
(c) received the highest number of votes of all the candidates who were not elected; and
(d) is eligible, under this Act, to be a member; and
(e) is willing to be, and available to perform the functions of, a member.
(a) the elected member was not elected at a council election; or
(b) no-one is eligible for appointment under subsection (2) .
(a) is eligible, under this Act, to be a member; and
(b) is an eligible person for the class of elected members of which the elected member was a member; and
(c) otherwise meets any nomination requirements under the election policy for that class of elected members.
sec.21
Failure to elect elected members
sec.21 Failure to elect elected members
This section applies if, by the end of the relevant day—
insufficient persons are elected for a class of elected members mentioned in section 15 (2) (a) (a relevant class ) to comply with section 15 (2) ; or
a person is not elected for a class of elected members mentioned in section 15 (2) (b) to (d) (also each a relevant class ).
The Minister may appoint, as elected members for the relevant class, the number of persons required to comply with section 15 (2) .
The council may, if asked by the Minister, nominate a person for appointment under subsection (2) .
A person appointed under subsection (2) is taken, other than for section 20A (2) or (3) (a) , to have been elected at a council election for the relevant class.
In this section—
relevant day , in relation to a relevant class, means the last day of the period notified under the election policy for the holding of a council election for an elected member of the relevant class.
s 21 amd 2002 No. 75 s 48 ; 2005 No. 18 s 165 sch
sub 2017 No. 36 s 109
(sec.21-ssec.1) This section applies if, by the end of the relevant day— insufficient persons are elected for a class of elected members mentioned in section 15 (2) (a) (a relevant class ) to comply with section 15 (2) ; or a person is not elected for a class of elected members mentioned in section 15 (2) (b) to (d) (also each a relevant class ).
(sec.21-ssec.2) The Minister may appoint, as elected members for the relevant class, the number of persons required to comply with section 15 (2) .
(sec.21-ssec.3) The council may, if asked by the Minister, nominate a person for appointment under subsection (2) .
(sec.21-ssec.4) A person appointed under subsection (2) is taken, other than for section 20A (2) or (3) (a) , to have been elected at a council election for the relevant class.
(sec.21-ssec.5) In this section— relevant day , in relation to a relevant class, means the last day of the period notified under the election policy for the holding of a council election for an elected member of the relevant class.
(a) insufficient persons are elected for a class of elected members mentioned in section 15 (2) (a) (a relevant class ) to comply with section 15 (2) ; or
(b) a person is not elected for a class of elected members mentioned in section 15 (2) (b) to (d) (also each a relevant class ).
sec.22
Casual vacancies
sec.22 Casual vacancies
A person appointed or elected to fill a casual vacancy in the office of a member is appointed or elected for the balance of the term of office of the person’s predecessor.
s 22 amd 2002 No. 75 s 74 sch
sec.23
Ineligibility for membership of council
sec.23 Ineligibility for membership of council
A person is not eligible to become an elected, appointed or additional member if—
the person is disqualified from managing corporations under the Corporations Act , part 2D .6; or
the person has a conviction for an indictable offence, other than an offence in relation to which the person is not eligible under paragraph (a) .
Also, a person is not eligible to be elected or appointed as an elected, appointed or additional member if the person’s election or appointment as the member would result in the person being a member for more than 12 years, whether continuously or not.
Subsection (2) does not apply to a person if a majority of members agree the person may be elected or appointed as an elected, appointed or additional member.
Subsection (1) (b) is subject to sections 25 and 26 .
s 23 sub 2005 No. 18 s 37
amd 2017 No. 36 s 15
(sec.23-ssec.1) A person is not eligible to become an elected, appointed or additional member if— the person is disqualified from managing corporations under the Corporations Act , part 2D .6; or the person has a conviction for an indictable offence, other than an offence in relation to which the person is not eligible under paragraph (a) .
(sec.23-ssec.2) Also, a person is not eligible to be elected or appointed as an elected, appointed or additional member if the person’s election or appointment as the member would result in the person being a member for more than 12 years, whether continuously or not.
(sec.23-ssec.3) Subsection (2) does not apply to a person if a majority of members agree the person may be elected or appointed as an elected, appointed or additional member.
(sec.23-ssec.4) Subsection (1) (b) is subject to sections 25 and 26 .
(a) the person is disqualified from managing corporations under the Corporations Act , part 2D .6; or
(b) the person has a conviction for an indictable offence, other than an offence in relation to which the person is not eligible under paragraph (a) .
sec.24
Vacation of office
sec.24 Vacation of office
The office of an elected, appointed or additional member becomes vacant if—
the member dies; or
for an elected member of a class mentioned in section 15 (2) (a) to (d) —
if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or
otherwise—the member ceases to be an eligible person for the class; or
An elected member of a class mentioned in section 15 (2) (d) ceases to be a postgraduate student.
for an additional member—the member becomes a student or a member of the academic staff or general staff of the university; or
the member is absent without the council’s leave and without reasonable excuse from every meeting of the council in a period of 6 months; or
the member becomes an official member; or
the member resigns from office by signed notice—
if the member is an appointed member—given to the Minister; or
if the member is an elected or additional member—given to the vice-chancellor; or
the member is removed from office under section 26B ; or
the member is disqualified from managing corporations under the Corporations Act , part 2D .6; or
the member is convicted of an indictable offence, other than an offence in relation to which the member’s office becomes vacant under paragraph (h) .
See section 66D for the requirement to disclose a matter mentioned in paragraph (h) or (i) .
Subsection (1) (i) is subject to sections 25 and 26 .
A resignation takes effect on the day the notice of resignation is given to the Minister or the vice-chancellor or, if a later day of effect is stated in the notice, the later day.
s 24 amd 2005 No. 18 s 38 ; 2017 No. 36 ss 16 , 110
(sec.24-ssec.1) The office of an elected, appointed or additional member becomes vacant if— the member dies; or for an elected member of a class mentioned in section 15 (2) (a) to (d) — if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or otherwise—the member ceases to be an eligible person for the class; or An elected member of a class mentioned in section 15 (2) (d) ceases to be a postgraduate student. for an additional member—the member becomes a student or a member of the academic staff or general staff of the university; or the member is absent without the council’s leave and without reasonable excuse from every meeting of the council in a period of 6 months; or the member becomes an official member; or the member resigns from office by signed notice— if the member is an appointed member—given to the Minister; or if the member is an elected or additional member—given to the vice-chancellor; or the member is removed from office under section 26B ; or the member is disqualified from managing corporations under the Corporations Act , part 2D .6; or the member is convicted of an indictable offence, other than an offence in relation to which the member’s office becomes vacant under paragraph (h) . See section 66D for the requirement to disclose a matter mentioned in paragraph (h) or (i) .
(sec.24-ssec.2) Subsection (1) (i) is subject to sections 25 and 26 .
(sec.24-ssec.3) A resignation takes effect on the day the notice of resignation is given to the Minister or the vice-chancellor or, if a later day of effect is stated in the notice, the later day.
(a) the member dies; or
(b) for an elected member of a class mentioned in section 15 (2) (a) to (d) — (i) if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or (ii) otherwise—the member ceases to be an eligible person for the class; or Example— An elected member of a class mentioned in section 15 (2) (d) ceases to be a postgraduate student.
(i) if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or
(ii) otherwise—the member ceases to be an eligible person for the class; or Example— An elected member of a class mentioned in section 15 (2) (d) ceases to be a postgraduate student.
(c) for an additional member—the member becomes a student or a member of the academic staff or general staff of the university; or
(d) the member is absent without the council’s leave and without reasonable excuse from every meeting of the council in a period of 6 months; or
(e) the member becomes an official member; or
(f) the member resigns from office by signed notice— (i) if the member is an appointed member—given to the Minister; or (ii) if the member is an elected or additional member—given to the vice-chancellor; or
(i) if the member is an appointed member—given to the Minister; or
(ii) if the member is an elected or additional member—given to the vice-chancellor; or
(g) the member is removed from office under section 26B ; or
(h) the member is disqualified from managing corporations under the Corporations Act , part 2D .6; or
(i) the member is convicted of an indictable offence, other than an offence in relation to which the member’s office becomes vacant under paragraph (h) .
(i) if the election policy in effect when the member was elected included nomination requirements for the class—the member ceases to meet the nomination requirements under the policy; or
(ii) otherwise—the member ceases to be an eligible person for the class; or Example— An elected member of a class mentioned in section 15 (2) (d) ceases to be a postgraduate student.
(i) if the member is an appointed member—given to the Minister; or
(ii) if the member is an elected or additional member—given to the vice-chancellor; or
sec.25
Discretion where appointed member convicted of indictable offence
sec.25 Discretion where appointed member convicted of indictable offence
If the Minister considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in section 23 (1) (b) or 24 (1) (i) of which a person has been convicted, the Minister may—
if the person was an appointed member when convicted—give notice to the chancellor and the person that the person is restored as an appointed member, and may be subsequently reappointed, despite the conviction; or
otherwise—give written approval for the person to become an appointed member despite the conviction.
On the day the chancellor receives a notice under subsection (1) (a) —
the person is restored as an appointed member; and
if another person has been appointed to fill the vacancy—the other person’s appointment ends.
If a person is restored as an appointed member under subsection (2) , the person’s term of office as a member ends when it would have ended if the person had not been convicted of the offence.
s 25 amd 2005 No. 18 s 165 sch ; 2017 No. 36 s 165 s ch 1 pt 2
(sec.25-ssec.1) If the Minister considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in section 23 (1) (b) or 24 (1) (i) of which a person has been convicted, the Minister may— if the person was an appointed member when convicted—give notice to the chancellor and the person that the person is restored as an appointed member, and may be subsequently reappointed, despite the conviction; or otherwise—give written approval for the person to become an appointed member despite the conviction.
(sec.25-ssec.2) On the day the chancellor receives a notice under subsection (1) (a) — the person is restored as an appointed member; and if another person has been appointed to fill the vacancy—the other person’s appointment ends.
(sec.25-ssec.3) If a person is restored as an appointed member under subsection (2) , the person’s term of office as a member ends when it would have ended if the person had not been convicted of the offence.
(a) if the person was an appointed member when convicted—give notice to the chancellor and the person that the person is restored as an appointed member, and may be subsequently reappointed, despite the conviction; or
(b) otherwise—give written approval for the person to become an appointed member despite the conviction.
(a) the person is restored as an appointed member; and
(b) if another person has been appointed to fill the vacancy—the other person’s appointment ends.
sec.26
Discretion where elected or additional member convicted of indictable offence
sec.26 Discretion where elected or additional member convicted of indictable offence
If the council considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in section 23 (1) (b) or 24 (1) (i) of which a person has been convicted, the council may—
if the person was an elected or additional member when convicted—give notice to the person that the person is restored as an elected or additional member, and may be subsequently re-elected or reappointed, despite the conviction; or
otherwise—give written approval for the person to become an elected or additional member despite the conviction.
On the day the person receives a notice under subsection (1) (a) —
the person is restored as an elected or additional member; and
if another person has been elected or appointed to fill the vacancy—the other person’s membership of the council ends.
If a person is restored as an elected or additional member under subsection (2) , the person’s term of office as a member ends when it would have ended if the person had not been convicted of the offence.
s 26 amd 2005 No. 18 s 165 sch ; 2017 No. 36 s 165 s ch 1 pt 2
(sec.26-ssec.1) If the council considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in section 23 (1) (b) or 24 (1) (i) of which a person has been convicted, the council may— if the person was an elected or additional member when convicted—give notice to the person that the person is restored as an elected or additional member, and may be subsequently re-elected or reappointed, despite the conviction; or otherwise—give written approval for the person to become an elected or additional member despite the conviction.
(sec.26-ssec.2) On the day the person receives a notice under subsection (1) (a) — the person is restored as an elected or additional member; and if another person has been elected or appointed to fill the vacancy—the other person’s membership of the council ends.
(sec.26-ssec.3) If a person is restored as an elected or additional member under subsection (2) , the person’s term of office as a member ends when it would have ended if the person had not been convicted of the offence.
(a) if the person was an elected or additional member when convicted—give notice to the person that the person is restored as an elected or additional member, and may be subsequently re-elected or reappointed, despite the conviction; or
(b) otherwise—give written approval for the person to become an elected or additional member despite the conviction.
(a) the person is restored as an elected or additional member; and
(b) if another person has been elected or appointed to fill the vacancy—the other person’s membership of the council ends.
pt.2-div.3A
Council elections
Council elections
sec.26AA
Election policy
sec.26AA Election policy
The council must—
make a policy (an election policy ) about the conduct of elections required under section 15 ; and
publish the election policy on the university’s website.
The election policy must include—
provisions to ensure the integrity and security of the voting system; and
without limiting paragraph (a) , provisions to ensure—
only persons who are eligible to vote may vote; and
a person can not vote more than once in an election; and
voting is done by secret ballot; and
a person is not improperly influenced in voting; and
provisions stating the procedure for voting, including the procedure for issuing ballots; and
provisions about—
notifying the period during which an election is to be held; and
nominating candidates, including calling for and making nominations, and fixing the day by which nominations must be made; and
publishing the results of an election, including the day by which the results must be published; and
making and resolving complaints.
Also, the election policy may include provisions stating requirements for—
eligibility to be nominated as a candidate for a particular class of elected members; and
eligibility to vote, including eligibility to vote for a particular class of elected members.
The election policy takes effect on the day it is published on the university’s website or any later day stated in the policy.
s 26AA ins 2017 No. 36 s 111
(sec.26AA-ssec.1) The council must— make a policy (an election policy ) about the conduct of elections required under section 15 ; and publish the election policy on the university’s website.
(sec.26AA-ssec.2) The election policy must include— provisions to ensure the integrity and security of the voting system; and without limiting paragraph (a) , provisions to ensure— only persons who are eligible to vote may vote; and a person can not vote more than once in an election; and voting is done by secret ballot; and a person is not improperly influenced in voting; and provisions stating the procedure for voting, including the procedure for issuing ballots; and provisions about— notifying the period during which an election is to be held; and nominating candidates, including calling for and making nominations, and fixing the day by which nominations must be made; and publishing the results of an election, including the day by which the results must be published; and making and resolving complaints.
(sec.26AA-ssec.3) Also, the election policy may include provisions stating requirements for— eligibility to be nominated as a candidate for a particular class of elected members; and eligibility to vote, including eligibility to vote for a particular class of elected members.
(sec.26AA-ssec.4) The election policy takes effect on the day it is published on the university’s website or any later day stated in the policy.
(a) make a policy (an election policy ) about the conduct of elections required under section 15 ; and
(b) publish the election policy on the university’s website.
(a) provisions to ensure the integrity and security of the voting system; and
(b) without limiting paragraph (a) , provisions to ensure— (i) only persons who are eligible to vote may vote; and (ii) a person can not vote more than once in an election; and (iii) voting is done by secret ballot; and (iv) a person is not improperly influenced in voting; and
(i) only persons who are eligible to vote may vote; and
(ii) a person can not vote more than once in an election; and
(iii) voting is done by secret ballot; and
(iv) a person is not improperly influenced in voting; and
(c) provisions stating the procedure for voting, including the procedure for issuing ballots; and
(d) provisions about— (i) notifying the period during which an election is to be held; and (ii) nominating candidates, including calling for and making nominations, and fixing the day by which nominations must be made; and (iii) publishing the results of an election, including the day by which the results must be published; and (iv) making and resolving complaints.
(i) notifying the period during which an election is to be held; and
(ii) nominating candidates, including calling for and making nominations, and fixing the day by which nominations must be made; and
(iii) publishing the results of an election, including the day by which the results must be published; and
(iv) making and resolving complaints.
(i) only persons who are eligible to vote may vote; and
(ii) a person can not vote more than once in an election; and
(iii) voting is done by secret ballot; and
(iv) a person is not improperly influenced in voting; and
(i) notifying the period during which an election is to be held; and
(ii) nominating candidates, including calling for and making nominations, and fixing the day by which nominations must be made; and
(iii) publishing the results of an election, including the day by which the results must be published; and
(iv) making and resolving complaints.
(a) eligibility to be nominated as a candidate for a particular class of elected members; and
(b) eligibility to vote, including eligibility to vote for a particular class of elected members.
sec.26AB
Conduct of election
sec.26AB Conduct of election
An election required under section 15 must be held under the election policy.
s 26AB ins 2017 No. 36 s 111
sec.26AC
Eligibility to vote
sec.26AC Eligibility to vote
A person is eligible to vote in an election for a class of elected members mentioned in section 15 (2) (a) to (d) only if the person—
is an eligible person for the class of elected members; and
otherwise meets any requirements under the election policy for eligibility to vote.
s 26AC ins 2017 No. 36 s 111
(a) is an eligible person for the class of elected members; and
(b) otherwise meets any requirements under the election policy for eligibility to vote.
pt.2-div.4
Members’ function, and removing elected, appointed and additional members from office
Members’ function, and removing elected, appointed and additional members from office
sec.26A
Member’s function, and obligations about function
sec.26A Member’s function, and obligations about function
A member has the function of ensuring the council performs its functions and exercises its powers appropriately, effectively and efficiently.
In performing the function, a member—
must act honestly and in the best interests of the university; and
must exercise reasonable skill, care and diligence; and
must disclose to the council any conflict that may arise between the member’s personal interests and the interests of the university; and
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 another person.
s 26A ins 2005 No. 18 s 39
(sec.26A-ssec.1) A member has the function of ensuring the council performs its functions and exercises its powers appropriately, effectively and efficiently.
(sec.26A-ssec.2) In performing the function, a member— must act honestly and in the best interests of the university; and must exercise reasonable skill, care and diligence; and must disclose to the council any conflict that may arise between the member’s personal interests and the interests of the university; and 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 another person.
(a) must act honestly and in the best interests of the university; and
(b) must exercise reasonable skill, care and diligence; and
(c) must disclose to the council any conflict that may arise between the member’s personal interests and the interests of the university; and
(d) 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 another person.
sec.26B
Council may remove member from office
sec.26B Council may remove member from office
The council may remove an elected, appointed or additional member from office if at least 12 members are satisfied the member has not complied with—
section 26A (2) ; or
a conduct obligation.
If the council decides to remove a member from office under subsection (1) , the council must as soon as practicable—
give the member notice of the decision and the reasons for it; and
if the member is an appointed member—give the Minister a copy of the notice.
If the council gives a member a notice under subsection (2) (a) , the member’s term of office ends on the later of the following—
the day the member receives the notice;
the day, if any, stated in the notice for that purpose.
The council’s power to remove an appointed member from office under this section does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954 , section 25 (1) (b) (i) or (iii) .
s 26B ins 2005 No. 18 s 39
(sec.26B-ssec.1) The council may remove an elected, appointed or additional member from office if at least 12 members are satisfied the member has not complied with— section 26A (2) ; or a conduct obligation.
(sec.26B-ssec.2) If the council decides to remove a member from office under subsection (1) , the council must as soon as practicable— give the member notice of the decision and the reasons for it; and if the member is an appointed member—give the Minister a copy of the notice.
(sec.26B-ssec.3) If the council gives a member a notice under subsection (2) (a) , the member’s term of office ends on the later of the following— the day the member receives the notice; the day, if any, stated in the notice for that purpose.
(sec.26B-ssec.4) The council’s power to remove an appointed member from office under this section does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954 , section 25 (1) (b) (i) or (iii) .
(a) section 26A (2) ; or
(b) a conduct obligation.
(a) give the member notice of the decision and the reasons for it; and
(b) if the member is an appointed member—give the Minister a copy of the notice.
(a) the day the member receives the notice;
(b) the day, if any, stated in the notice for that purpose.
pt.2-div.5
Extending terms of office
Extending terms of office
sec.26C
Minister may extend terms of office
sec.26C Minister may extend terms of office
The Minister may, by notice given to the council, extend the terms of office of elected, appointed and additional members for not more than 1 year if the Minister is satisfied the extension—
is in the best interests of the university; and
is necessary for the council to perform its functions and exercise its powers appropriately, effectively and efficiently.
If the Minister acts under subsection (1) , the Minister must extend, by the same amount, the terms of office of all elected, appointed and additional members.
The extension applies only to members holding office when the notice is given under subsection (1) .
This section—
does not allow the Minister to extend the terms of office of the members for more than 1 year by again acting under subsection (1) ; and
applies despite sections 18 , 19 (1) and (2) and 20 .
s 26C ins 2005 No. 18 s 39
(sec.26C-ssec.1) The Minister may, by notice given to the council, extend the terms of office of elected, appointed and additional members for not more than 1 year if the Minister is satisfied the extension— is in the best interests of the university; and is necessary for the council to perform its functions and exercise its powers appropriately, effectively and efficiently.
(sec.26C-ssec.2) If the Minister acts under subsection (1) , the Minister must extend, by the same amount, the terms of office of all elected, appointed and additional members.
(sec.26C-ssec.3) The extension applies only to members holding office when the notice is given under subsection (1) .
(sec.26C-ssec.4) This section— does not allow the Minister to extend the terms of office of the members for more than 1 year by again acting under subsection (1) ; and applies despite sections 18 , 19 (1) and (2) and 20 .
(a) is in the best interests of the university; and
(b) is necessary for the council to perform its functions and exercise its powers appropriately, effectively and efficiently.
(a) does not allow the Minister to extend the terms of office of the members for more than 1 year by again acting under subsection (1) ; and
(b) applies despite sections 18 , 19 (1) and (2) and 20 .
pt.2-div.6
Meetings of the council
Meetings of the council
sec.27
Who is to preside at meetings
sec.27 Who is to preside at meetings
The chancellor must preside at meetings of the council.
However, if the chancellor and deputy chancellor are both absent from a meeting of the council or the offices are vacant, the members present must elect a member to preside at the meeting.
(sec.27-ssec.1) The chancellor must preside at meetings of the council.
(sec.27-ssec.2) However, if the chancellor and deputy chancellor are both absent from a meeting of the council or the offices are vacant, the members present must elect a member to preside at the meeting.
sec.28
Quorum
sec.28 Quorum
A quorum exists at a meeting of the council if at least half its members are present.
sec.29
Conduct of meetings
sec.29 Conduct of meetings
The council may otherwise regulate its proceedings as it considers appropriate.
pt.3
Certain officers of the university
Certain officers of the university
pt.3-div.1
Chancellor, deputy chancellor and vice-chancellor
Chancellor, deputy chancellor and vice-chancellor
sec.30
Chancellor
sec.30 Chancellor
There is a chancellor of the university.
The council must elect a chancellor whenever there is a vacancy in the office.
The person elected need not be a member.
The person elected must not be a student or a member of the university’s academic staff or general staff.
The chancellor holds office for the term, not longer than 5 years, fixed by the council.
s 30 amd 2005 No. 18 s 40
(sec.30-ssec.1) There is a chancellor of the university.
(sec.30-ssec.2) The council must elect a chancellor whenever there is a vacancy in the office.
(sec.30-ssec.3) The person elected need not be a member.
(sec.30-ssec.4) The person elected must not be a student or a member of the university’s academic staff or general staff.
(sec.30-ssec.5) The chancellor holds office for the term, not longer than 5 years, fixed by the council.
sec.31
Deputy chancellor
sec.31 Deputy chancellor
There is a deputy chancellor of the university.
The council must elect a member as deputy chancellor whenever there is a vacancy in the office.
The deputy chancellor holds office for the term, not longer than 4 years, fixed by the council.
The deputy chancellor is to act as chancellor—
during a vacancy in the office of chancellor; and
during all periods when the chancellor is absent from duty or, for another reason, can not perform the functions of the office.
s 31 amd 2005 No. 18 s 41 ; 2017 No. 36 s 17
(sec.31-ssec.1) There is a deputy chancellor of the university.
(sec.31-ssec.2) The council must elect a member as deputy chancellor whenever there is a vacancy in the office.
(sec.31-ssec.3) The deputy chancellor holds office for the term, not longer than 4 years, fixed by the council.
(sec.31-ssec.4) The deputy chancellor is to act as chancellor— during a vacancy in the office of chancellor; and during all periods when the chancellor is absent from duty or, for another reason, can not perform the functions of the office.
(a) during a vacancy in the office of chancellor; and
(b) during all periods when the chancellor is absent from duty or, for another reason, can not perform the functions of the office.
sec.32
Vice-chancellor
sec.32 Vice-chancellor
There is a vice-chancellor of the university.
The council must appoint a vice-chancellor whenever there is a vacancy in the office.
The terms of appointment are as decided by the council.
The vice-chancellor is the chief executive officer of the university and may exercise the powers and perform the functions conferred on the vice-chancellor by this or another Act or the council.
The vice-chancellor may delegate powers of the vice-chancellor under this or another Act to an appropriately qualified member of the university’s staff.
See also section 11 (3) in relation to the subdelegation by the vice-chancellor of a power delegated by the council.
s 32 amd 2017 No. 36 s 18
(sec.32-ssec.1) There is a vice-chancellor of the university.
(sec.32-ssec.2) The council must appoint a vice-chancellor whenever there is a vacancy in the office.
(sec.32-ssec.3) The terms of appointment are as decided by the council.
(sec.32-ssec.4) The vice-chancellor is the chief executive officer of the university and may exercise the powers and perform the functions conferred on the vice-chancellor by this or another Act or the council.
(sec.32-ssec.5) The vice-chancellor may delegate powers of the vice-chancellor under this or another Act to an appropriately qualified member of the university’s staff.
pt.3-div.2
Matters about disqualification or removal from office
Matters about disqualification or removal from office
sec.32A
Disqualification from office
sec.32A Disqualification from office
A person can not become, or continue as, the chancellor or vice-chancellor if—
the person is disqualified from managing corporations under the Corporations Act , part 2D .6; or
subject to subsections (2) to (4) , the person has a conviction for an indictable offence other than an offence in relation to which the person is disqualified from office under paragraph (a) .
See section 66D for the requirement to disclose the disqualification or conviction.
If the council considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in subsection (1) (b) of which the person has been convicted, the council may—
if the person was the chancellor or vice-chancellor when convicted—give notice to the person that the person—
is restored as the chancellor or vice-chancellor; and
may be later re-elected or reappointed, despite the conviction; or
otherwise—give written approval for the person to become the chancellor or vice-chancellor despite the conviction.
On the day the person receives a notice under subsection (2) (a) —
the person is restored as the chancellor or vice-chancellor; and
if another person has been elected or appointed to fill the vacancy—the other person’s term of office ends.
If a person is restored as the chancellor or vice-chancellor under subsection (3) , the person’s term of office as the chancellor or vice-chancellor ends when it would have ended if the person had not been convicted of the offence.
s 32A ins 2005 No. 18 s 42
amd 2017 No. 36 s 19
(sec.32A-ssec.1) A person can not become, or continue as, the chancellor or vice-chancellor if— the person is disqualified from managing corporations under the Corporations Act , part 2D .6; or subject to subsections (2) to (4) , the person has a conviction for an indictable offence other than an offence in relation to which the person is disqualified from office under paragraph (a) . See section 66D for the requirement to disclose the disqualification or conviction.
(sec.32A-ssec.2) If the council considers it would be reasonable, having regard to the circumstances of the indictable offence mentioned in subsection (1) (b) of which the person has been convicted, the council may— if the person was the chancellor or vice-chancellor when convicted—give notice to the person that the person— is restored as the chancellor or vice-chancellor; and may be later re-elected or reappointed, despite the conviction; or otherwise—give written approval for the person to become the chancellor or vice-chancellor despite the conviction.
(sec.32A-ssec.3) On the day the person receives a notice under subsection (2) (a) — the person is restored as the chancellor or vice-chancellor; and if another person has been elected or appointed to fill the vacancy—the other person’s term of office ends.
(sec.32A-ssec.4) If a person is restored as the chancellor or vice-chancellor under subsection (3) , the person’s term of office as the chancellor or vice-chancellor ends when it would have ended if the person had not been convicted of the offence.
(a) the person is disqualified from managing corporations under the Corporations Act , part 2D .6; or
(b) subject to subsections (2) to (4) , the person has a conviction for an indictable offence other than an offence in relation to which the person is disqualified from office under paragraph (a) .
(a) if the person was the chancellor or vice-chancellor when convicted—give notice to the person that the person— (i) is restored as the chancellor or vice-chancellor; and (ii) may be later re-elected or reappointed, despite the conviction; or
(i) is restored as the chancellor or vice-chancellor; and
(ii) may be later re-elected or reappointed, despite the conviction; or
(b) otherwise—give written approval for the person to become the chancellor or vice-chancellor despite the conviction.
(i) is restored as the chancellor or vice-chancellor; and
(ii) may be later re-elected or reappointed, despite the conviction; or
(a) the person is restored as the chancellor or vice-chancellor; and
(b) if another person has been elected or appointed to fill the vacancy—the other person’s term of office ends.
sec.32B
Council may remove chancellor or vice-chancellor from office
sec.32B Council may remove chancellor or vice-chancellor from office
The council may remove the chancellor or vice-chancellor from office if at least 12 members are satisfied the chancellor or vice-chancellor has not complied with—
section 26A (2) ; or
a conduct obligation.
If the council decides to remove the chancellor or vice-chancellor from office under subsection (1) , the council must as soon as practicable give the chancellor or vice-chancellor notice of the decision and the reasons for it.
The chancellor’s or vice-chancellor’s term of office ends on the later of the following—
the day he or she receives the notice;
the day, if any, stated in the notice for that purpose.
s 32B ins 2005 No. 18 s 42
(sec.32B-ssec.1) The council may remove the chancellor or vice-chancellor from office if at least 12 members are satisfied the chancellor or vice-chancellor has not complied with— section 26A (2) ; or a conduct obligation.
(sec.32B-ssec.2) If the council decides to remove the chancellor or vice-chancellor from office under subsection (1) , the council must as soon as practicable give the chancellor or vice-chancellor notice of the decision and the reasons for it.
(sec.32B-ssec.3) The chancellor’s or vice-chancellor’s term of office ends on the later of the following— the day he or she receives the notice; the day, if any, stated in the notice for that purpose.
(a) section 26A (2) ; or
(b) a conduct obligation.
(a) the day he or she receives the notice;
(b) the day, if any, stated in the notice for that purpose.
sec.32C
Particular matters about removal of vice-chancellor
sec.32C Particular matters about removal of vice-chancellor
The council may remove the vice-chancellor from office under section 32B despite the vice-chancellor’s terms of appointment.
If the council removes the vice-chancellor from office under section 32B —
the removal does not affect the vice-chancellor’s right to claim compensation or other entitlements under his or her terms of appointment applying when the appointment ends; and
the vice-chancellor may only claim compensation and other entitlements under his or her terms of appointment as if—
the appointment had been ended as permitted under the terms of appointment; or
his or her term of office had ended.
s 32C ins 2005 No. 18 s 42
(sec.32C-ssec.1) The council may remove the vice-chancellor from office under section 32B despite the vice-chancellor’s terms of appointment.
(sec.32C-ssec.2) If the council removes the vice-chancellor from office under section 32B — the removal does not affect the vice-chancellor’s right to claim compensation or other entitlements under his or her terms of appointment applying when the appointment ends; and the vice-chancellor may only claim compensation and other entitlements under his or her terms of appointment as if— the appointment had been ended as permitted under the terms of appointment; or his or her term of office had ended.
(a) the removal does not affect the vice-chancellor’s right to claim compensation or other entitlements under his or her terms of appointment applying when the appointment ends; and
(b) the vice-chancellor may only claim compensation and other entitlements under his or her terms of appointment as if— (i) the appointment had been ended as permitted under the terms of appointment; or (ii) his or her term of office had ended.
(i) the appointment had been ended as permitted under the terms of appointment; or
(ii) his or her term of office had ended.
(i) the appointment had been ended as permitted under the terms of appointment; or
(ii) his or her term of office had ended.
sec.32D
Vacation of office
sec.32D Vacation of office
The office of the chancellor or vice-chancellor becomes vacant if he or she—
can not continue as the chancellor or vice-chancellor under section 32A ; or
is removed from office under section 32B .
The office of the deputy chancellor becomes vacant if his or her office as a member becomes vacant under section 24 or he or she otherwise stops being a member.
s 32D ins 2005 No. 18 s 42
(sec.32D-ssec.1) The office of the chancellor or vice-chancellor becomes vacant if he or she— can not continue as the chancellor or vice-chancellor under section 32A ; or is removed from office under section 32B .
(sec.32D-ssec.2) The office of the deputy chancellor becomes vacant if his or her office as a member becomes vacant under section 24 or he or she otherwise stops being a member.
(a) can not continue as the chancellor or vice-chancellor under section 32A ; or
(b) is removed from office under section 32B .
pt.4
Bodies connected with the university
Bodies connected with the university
pt.4-div.1
Convocation
Convocation
sec.33
Establishment of convocation
sec.33 Establishment of convocation
A convocation of the university is established.
The council is to decide the membership of the convocation.
The council is to decide—
how meetings of the convocation are to be called; and
how the convocation is to conduct its proceedings; and
the quorum of a meeting of the convocation; and
the powers and functions of the convocation.
s 33 amd 2017 No. 36 s 112
(sec.33-ssec.1) A convocation of the university is established.
(sec.33-ssec.2) The council is to decide the membership of the convocation.
(sec.33-ssec.3) The council is to decide— how meetings of the convocation are to be called; and how the convocation is to conduct its proceedings; and the quorum of a meeting of the convocation; and the powers and functions of the convocation.
(a) how meetings of the convocation are to be called; and
(b) how the convocation is to conduct its proceedings; and
(c) the quorum of a meeting of the convocation; and
(d) the powers and functions of the convocation.
pt.4-div.2
University student council
University student council
sec.34
Establishment of university student council
sec.34 Establishment of university student council
The Griffith University Student Representative Council is established.
The university student council—
is a body corporate with perpetual succession; and
has a common seal; and
may sue and be sued in its corporate name.
(sec.34-ssec.1) The Griffith University Student Representative Council is established.
(sec.34-ssec.2) The university student council— is a body corporate with perpetual succession; and has a common seal; and may sue and be sued in its corporate name.
(a) is a body corporate with perpetual succession; and
(b) has a common seal; and
(c) may sue and be sued in its corporate name.
sec.35
Membership
sec.35 Membership
The persons who are eligible to be members of the university student council are—
undergraduate students, other than students studying at the Gold Coast campus of the university; and
persons eligible for membership under the university student council’s constitution.
s 35 sub 2002 No. 75 s 49
(a) undergraduate students, other than students studying at the Gold Coast campus of the university; and
(b) persons eligible for membership under the university student council’s constitution.
sec.36
Role
sec.36 Role
The university student council has the role and powers stated in its constitution.
The university student council also has the role and powers decided by the council of the university.
However, the university student council is not the employee or agent of the council of the university.
(sec.36-ssec.1) The university student council has the role and powers stated in its constitution.
(sec.36-ssec.2) The university student council also has the role and powers decided by the council of the university.
(sec.36-ssec.3) However, the university student council is not the employee or agent of the council of the university.
sec.37
General powers
sec.37 General powers
Without limiting section 36 , the university student council has all the powers of an individual, including, for example, the power to acquire, hold, dispose of, and deal with, property.
sec.38
Constitution
sec.38 Constitution
The university student council must have a written constitution.
The university student council’s constitution, and each amendment of the constitution, must be submitted to the council of the university for its approval.
The constitution or amendment has no effect until approved by the council of the university.
(sec.38-ssec.1) The university student council must have a written constitution.
(sec.38-ssec.2) The university student council’s constitution, and each amendment of the constitution, must be submitted to the council of the university for its approval.
(sec.38-ssec.3) The constitution or amendment has no effect until approved by the council of the university.
pt.4-div.3
Gold Coast Student Guild
Gold Coast Student Guild
sec.39
Establishment
sec.39 Establishment
The Gold Coast Student Guild is established.
The student guild—
is a body corporate with perpetual succession; and
has a common seal; and
may sue and be sued in its corporate name.
s 39 sub 2002 No. 75 s 50
(sec.39-ssec.1) The Gold Coast Student Guild is established.
(sec.39-ssec.2) The student guild— is a body corporate with perpetual succession; and has a common seal; and may sue and be sued in its corporate name.
(a) is a body corporate with perpetual succession; and
(b) has a common seal; and
(c) may sue and be sued in its corporate name.
sec.40
Membership
sec.40 Membership
The persons who are eligible to be members of the student guild are—
students studying at the Gold Coast campus of the university; and
persons eligible for membership under the student guild’s constitution.
s 40 sub 2002 No. 75 s 50
(a) students studying at the Gold Coast campus of the university; and
(b) persons eligible for membership under the student guild’s constitution.
sec.41
Role
sec.41 Role
The student guild has the role and powers stated in its constitution.
The student guild also has the role and powers decided by the council.
However, the student guild is not the employee or agent of the council.
s 41 sub 2002 No. 75 s 50
(sec.41-ssec.1) The student guild has the role and powers stated in its constitution.
(sec.41-ssec.2) The student guild also has the role and powers decided by the council.
(sec.41-ssec.3) However, the student guild is not the employee or agent of the council.
sec.42
General powers
sec.42 General powers
Without limiting section 41 , the student guild has all the powers of an individual, including, for example, the power to acquire, hold, dispose of, and deal with, property.
s 42 sub 2002 No. 75 s 50
sec.43
Constitution
sec.43 Constitution
The student guild must have a written constitution.
The student guild’s constitution, and each amendment of the constitution, must be submitted to the council for approval.
The constitution or amendment has no effect until approved by the council.
s 43 sub 2002 No. 75 s 50
(sec.43-ssec.1) The student guild must have a written constitution.
(sec.43-ssec.2) The student guild’s constitution, and each amendment of the constitution, must be submitted to the council for approval.
(sec.43-ssec.3) The constitution or amendment has no effect until approved by the council.
sec.44
Section sec.44
s 44 om 2002 No. 75 s 50
pt.4-div.4
Application of Corporations legislation to bodies
Application of Corporations legislation to bodies
sec.44A
Excluded matters for Corporations legislation
sec.44A Excluded matters for Corporations legislation
The convocation is declared to be an excluded matter for the Corporations Act , section 5F , in relation to parts 5.7 and 5 .7B of that Act.
Each of the following is declared to be an excluded matter for the Corporations Act , section 5F , in relation to the provisions of that Act for which a statutory body within the meaning of the Statutory Bodies Financial Arrangements Act 1982 is declared to be an excluded matter under section 13A of that Act—
the university student council;
the student guild.
Corporations Act , part 2D .1 (Duties and powers), part 2D .6 (Disqualification from managing corporations), chapter 2K (Charges), chapter 2L (Debentures), part 5.7 (Winding up bodies other than companies), part 5.7 B (Recovering property or compensation for the benefit of creditors of insolvent company), part 5.9 (Miscellaneous) and part 5B .2 (Registrable bodies)
s 44A ins 2001 No. 45 s 29 sch 3
amd 2002 No. 75 s 51
(sec.44A-ssec.1) The convocation is declared to be an excluded matter for the Corporations Act , section 5F , in relation to parts 5.7 and 5 .7B of that Act.
(sec.44A-ssec.2) Each of the following is declared to be an excluded matter for the Corporations Act , section 5F , in relation to the provisions of that Act for which a statutory body within the meaning of the Statutory Bodies Financial Arrangements Act 1982 is declared to be an excluded matter under section 13A of that Act— the university student council; the student guild. Corporations Act , part 2D .1 (Duties and powers), part 2D .6 (Disqualification from managing corporations), chapter 2K (Charges), chapter 2L (Debentures), part 5.7 (Winding up bodies other than companies), part 5.7 B (Recovering property or compensation for the benefit of creditors of insolvent company), part 5.9 (Miscellaneous) and part 5B .2 (Registrable bodies)
(a) the university student council;
(b) the student guild.
pt.5
Property and finance
Property and finance
pt.5-div.1
Property held on trust or conditions
Property held on trust or conditions
sec.45
Definition for div 1
sec.45 Definition for div 1
In this division—
property includes income from property and a part or residue of the property.
sec.46
Amendment of terms of trusts and gifts
sec.46 Amendment of terms of trusts and gifts
This section applies if—
property is held by the university on terms requiring the property to be used for a particular purpose (the donor’s purpose ); and
the council is satisfied—
the donor’s purpose—
has been wholly or substantially achieved; or
no longer exists; or
has been adequately provided for in another way; or
is uncertain, can not be identified, or is insufficiently defined; or
becomes impossible, impractical or inexpedient to carry out; or
the property is inadequate for the donor’s purpose.
The council may set up and maintain a scheme for the use of the property for another purpose (the designated purpose ).
The scheme must be in writing.
The university must without charge give a copy of the scheme to anyone who asks for it.
(sec.46-ssec.1) This section applies if— property is held by the university on terms requiring the property to be used for a particular purpose (the donor’s purpose ); and the council is satisfied— the donor’s purpose— has been wholly or substantially achieved; or no longer exists; or has been adequately provided for in another way; or is uncertain, can not be identified, or is insufficiently defined; or becomes impossible, impractical or inexpedient to carry out; or the property is inadequate for the donor’s purpose.
(sec.46-ssec.2) The council may set up and maintain a scheme for the use of the property for another purpose (the designated purpose ).
(sec.46-ssec.3) The scheme must be in writing.
(sec.46-ssec.4) The university must without charge give a copy of the scheme to anyone who asks for it.
(a) property is held by the university on terms requiring the property to be used for a particular purpose (the donor’s purpose ); and
(b) the council is satisfied— (i) the donor’s purpose— (A) has been wholly or substantially achieved; or (B) no longer exists; or (C) has been adequately provided for in another way; or (D) is uncertain, can not be identified, or is insufficiently defined; or (E) becomes impossible, impractical or inexpedient to carry out; or (ii) the property is inadequate for the donor’s purpose.
(i) the donor’s purpose— (A) has been wholly or substantially achieved; or (B) no longer exists; or (C) has been adequately provided for in another way; or (D) is uncertain, can not be identified, or is insufficiently defined; or (E) becomes impossible, impractical or inexpedient to carry out; or
(A) has been wholly or substantially achieved; or
(B) no longer exists; or
(C) has been adequately provided for in another way; or
(D) is uncertain, can not be identified, or is insufficiently defined; or
(E) becomes impossible, impractical or inexpedient to carry out; or
(ii) the property is inadequate for the donor’s purpose.
(i) the donor’s purpose— (A) has been wholly or substantially achieved; or (B) no longer exists; or (C) has been adequately provided for in another way; or (D) is uncertain, can not be identified, or is insufficiently defined; or (E) becomes impossible, impractical or inexpedient to carry out; or
(A) has been wholly or substantially achieved; or
(B) no longer exists; or
(C) has been adequately provided for in another way; or
(D) is uncertain, can not be identified, or is insufficiently defined; or
(E) becomes impossible, impractical or inexpedient to carry out; or
(ii) the property is inadequate for the donor’s purpose.
(A) has been wholly or substantially achieved; or
(B) no longer exists; or
(C) has been adequately provided for in another way; or
(D) is uncertain, can not be identified, or is insufficiently defined; or
(E) becomes impossible, impractical or inexpedient to carry out; or
sec.47
Selection of designated purpose
sec.47 Selection of designated purpose
In selecting the designated purpose, the council must prefer a purpose that—
is as nearly similar as practicable to the donor’s purpose; and
can practically and conveniently be achieved.
However, the scheme is not invalid merely because another designated purpose may have been more properly selected under subsection (1) .
(sec.47-ssec.1) In selecting the designated purpose, the council must prefer a purpose that— is as nearly similar as practicable to the donor’s purpose; and can practically and conveniently be achieved.
(sec.47-ssec.2) However, the scheme is not invalid merely because another designated purpose may have been more properly selected under subsection (1) .
(a) is as nearly similar as practicable to the donor’s purpose; and
(b) can practically and conveniently be achieved.
sec.48
Property to be held for designated purpose
sec.48 Property to be held for designated purpose
Property to which the scheme applies is to be held by the university for the property’s designated purpose instead of the donor’s purpose.
sec.49
Certain persons to be given notice of scheme
sec.49 Certain persons to be given notice of scheme
If the scheme applies to land, the university must, as soon as practicable after the scheme is set up, give a copy of the scheme to the registrar of titles.
sec.50
Amendment of scheme
sec.50 Amendment of scheme
The council may amend the scheme.
Sections 46 to 49 apply to the amendment of a scheme as if a reference to the donor’s purpose is a reference to the designated purpose of the scheme that is to be amended.
(sec.50-ssec.1) The council may amend the scheme.
(sec.50-ssec.2) Sections 46 to 49 apply to the amendment of a scheme as if a reference to the donor’s purpose is a reference to the designated purpose of the scheme that is to be amended.
sec.51
University’s powers under other laws not limited
sec.51 University’s powers under other laws not limited
This division does not limit the university’s powers and rights under any other law about property held on trust by the university.
sec.52
University may carry out conditions of gift etc.
sec.52 University may carry out conditions of gift etc.
The university may agree to and carry out any conditions of a gift, grant, bequest or devise of property to the university.
pt.5-div.2
Dealing with State land by council
Dealing with State land by council
sec.53
Application of Land Act 1994
sec.53 Application of Land Act 1994
State land is held and may be disposed of under the Land Act 1994 .
However, the university may grant an interest in State land only by way of lease.
Despite the Land Act 1994 , a trustee lease or sublease for land under that Act that is subject to an operational deed of grant in trust may be for up to 100 years.
Subsection (5) applies if the purpose for which land was granted in trust under the Land Act 1994 includes a reference to ‘university’.
The purpose is taken to include anything that is consistent with the university’s functions under section 5 .
Subsections (4) and (5) apply whether the land was granted in trust before or after the commencement of this section.
In this section—
operational deed of grant in trust see the Land Act 1994 , schedule 6 .
s 53 amd 2011 No. 39 s 32 ; 2024 No. 12 s 131 sch 1 pt 1
(sec.53-ssec.1) State land is held and may be disposed of under the Land Act 1994 .
(sec.53-ssec.2) However, the university may grant an interest in State land only by way of lease.
(sec.53-ssec.3) Despite the Land Act 1994 , a trustee lease or sublease for land under that Act that is subject to an operational deed of grant in trust may be for up to 100 years.
(sec.53-ssec.4) Subsection (5) applies if the purpose for which land was granted in trust under the Land Act 1994 includes a reference to ‘university’.
(sec.53-ssec.5) The purpose is taken to include anything that is consistent with the university’s functions under section 5 .
(sec.53-ssec.6) Subsections (4) and (5) apply whether the land was granted in trust before or after the commencement of this section.
(sec.53-ssec.7) In this section— operational deed of grant in trust see the Land Act 1994 , schedule 6 .
pt.5-div.3
Finance
Finance
sec.54
University is statutory body under the Financial Accountability Act 2009
sec.54 University is statutory body under the Financial Accountability Act 2009
To remove any doubt, it is declared that the university is a statutory body under the Financial Accountability Act 2009 .
s 54 amd 2009 No. 9 s 136 sch 1
sec.55
University is statutory body under the Statutory Bodies Financial Arrangements Act 1982
sec.55 University is statutory body under the Statutory Bodies Financial Arrangements Act 1982
Under the Statutory Bodies Financial Arrangements Act 1982 , the university is a statutory body.
The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the university’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .
(sec.55-ssec.1) Under the Statutory Bodies Financial Arrangements Act 1982 , the university is a statutory body.
(sec.55-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the university’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .
sec.56
Trust funds
sec.56 Trust funds
The university may establish or administer trust funds.
sec.57
Investment common fund
sec.57 Investment common fund
The university may establish an investment common fund for the collective investment of trust funds or other amounts held by it.
The university may add amounts to or withdraw amounts from the investment common fund, without incurring any liability for breach of trust.
The university must periodically distribute the income of the investment common fund among each of the funds forming the investment common fund (a component fund ) having regard to the share of each component fund in the investment common fund.
Despite subsection (3) , if a component fund consists of an amount received for use for a stated purpose and the amount can not or will not be used for the purpose immediately, income attributable to the share of the amount in the investment common fund may be paid into the general funds of the university if the income is not needed immediately for the stated purpose.
Also, despite subsection (3) , the university may—
add a part of the income of the investment common fund to the fund’s capital; or
use a part of the income to establish or augment another fund to make provision against capital depreciation or reduction of income.
(sec.57-ssec.1) The university may establish an investment common fund for the collective investment of trust funds or other amounts held by it.
(sec.57-ssec.2) The university may add amounts to or withdraw amounts from the investment common fund, without incurring any liability for breach of trust.
(sec.57-ssec.3) The university must periodically distribute the income of the investment common fund among each of the funds forming the investment common fund (a component fund ) having regard to the share of each component fund in the investment common fund.
(sec.57-ssec.4) Despite subsection (3) , if a component fund consists of an amount received for use for a stated purpose and the amount can not or will not be used for the purpose immediately, income attributable to the share of the amount in the investment common fund may be paid into the general funds of the university if the income is not needed immediately for the stated purpose.
(sec.57-ssec.5) Also, despite subsection (3) , the university may— add a part of the income of the investment common fund to the fund’s capital; or use a part of the income to establish or augment another fund to make provision against capital depreciation or reduction of income.
(a) add a part of the income of the investment common fund to the fund’s capital; or
(b) use a part of the income to establish or augment another fund to make provision against capital depreciation or reduction of income.
sec.58
Application of revenue
sec.58 Application of revenue
Subject to the terms of a relevant trust, amounts received by the university from any source are to be applied solely to university purposes.
To remove any doubt, each of the following purposes is a university purpose—
enabling a student or staff member, or former student or staff member, of the university to undertake study or research at the university or elsewhere;
the advancement of learning generally;
helping a body affiliated or associated with the university.
(sec.58-ssec.1) Subject to the terms of a relevant trust, amounts received by the university from any source are to be applied solely to university purposes.
(sec.58-ssec.2) To remove any doubt, each of the following purposes is a university purpose— enabling a student or staff member, or former student or staff member, of the university to undertake study or research at the university or elsewhere; the advancement of learning generally; helping a body affiliated or associated with the university.
(a) enabling a student or staff member, or former student or staff member, of the university to undertake study or research at the university or elsewhere;
(b) the advancement of learning generally;
(c) helping a body affiliated or associated with the university.
sec.59
Financial review
sec.59 Financial review
The council must, in each year, adopt a budget for the university for the next year.
In framing the budget the council need not take account of amounts mentioned in subsection (4) .
The council must control its spending as nearly as possible within the limits of the approved budget.
The council must undertake an annual review of—
amounts available, or expected to be available, to the university by way of bequest, donation or special grant; and
the spending of the amounts.
(sec.59-ssec.1) The council must, in each year, adopt a budget for the university for the next year.
(sec.59-ssec.2) In framing the budget the council need not take account of amounts mentioned in subsection (4) .
(sec.59-ssec.3) The council must control its spending as nearly as possible within the limits of the approved budget.
(sec.59-ssec.4) The council must undertake an annual review of— amounts available, or expected to be available, to the university by way of bequest, donation or special grant; and the spending of the amounts.
(a) amounts available, or expected to be available, to the university by way of bequest, donation or special grant; and
(b) the spending of the amounts.
sec.60
University’s financial year
sec.60 University’s financial year
The university’s financial year is a calendar year.
pt.6
sec.61
Section sec.61
s 61 amd 2002 No. 75 s 52 ; 2005 No. 18 s 43
om 2017 No. 36 s 113
sec.62
Section sec.62
s 62 om 2017 No. 36 s 113
sec.63
Section sec.63
s 63 amd 2002 No. 75 s 53
om 2017 No. 36 s 113
sec.64
Section sec.64
s 64 om 2017 No. 36 s 113
pt.7
Miscellaneous
Miscellaneous
sec.65
Forming and taking part in corporations
sec.65 Forming and taking part in corporations
The university may be a member of, form, take part in forming or manage a corporation whose objects include any of the following—
making available facilities for study, research or education;
providing teaching, research, development, consultancy or other services for public or private entities;
helping or engaging in the development or promotion of the university’s research or the application or use of the results of the research;
preparing, publishing, distributing or licensing the use of literary or artistic work, audio or audiovisual material or computer software;
exploiting commercially a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, developed by or belonging to the university, whether alone or with someone else;
seeking or encouraging gifts to the university or for the university’s purposes;
another object, consistent with this Act, that the council considers is appropriate in the circumstances.
The university, or a corporation managed by the university or of which the university is a member, may enter into an agreement or arrangement with a corporation whose objects include an object mentioned in subsection (1) for achieving the object.
This section applies despite the Corporations Act .
s 65 amd 2001 No. 45 s 29 sch s 2 – 3 ; 2005 No. 18 s 44
(sec.65-ssec.1) The university may be a member of, form, take part in forming or manage a corporation whose objects include any of the following— making available facilities for study, research or education; providing teaching, research, development, consultancy or other services for public or private entities; helping or engaging in the development or promotion of the university’s research or the application or use of the results of the research; preparing, publishing, distributing or licensing the use of literary or artistic work, audio or audiovisual material or computer software; exploiting commercially a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, developed by or belonging to the university, whether alone or with someone else; seeking or encouraging gifts to the university or for the university’s purposes; another object, consistent with this Act, that the council considers is appropriate in the circumstances.
(sec.65-ssec.2) The university, or a corporation managed by the university or of which the university is a member, may enter into an agreement or arrangement with a corporation whose objects include an object mentioned in subsection (1) for achieving the object.
(sec.65-ssec.3) This section applies despite the Corporations Act .
(a) making available facilities for study, research or education;
(b) providing teaching, research, development, consultancy or other services for public or private entities;
(c) helping or engaging in the development or promotion of the university’s research or the application or use of the results of the research;
(d) preparing, publishing, distributing or licensing the use of literary or artistic work, audio or audiovisual material or computer software;
(e) exploiting commercially a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, developed by or belonging to the university, whether alone or with someone else;
(f) seeking or encouraging gifts to the university or for the university’s purposes;
(g) another object, consistent with this Act, that the council considers is appropriate in the circumstances.
sec.66
Use of facilities and staff
sec.66 Use of facilities and staff
The university may enter into a contract or other arrangement with an entity for the use of the university’s facilities and the provision of services by the university’s staff.
sec.66A
Protection from liability
sec.66A Protection from liability
A member is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act.
If subsection (1) prevents a civil liability attaching to a member, the liability attaches instead to the university.
s 66A ins 2005 No. 18 s 45
(sec.66A-ssec.1) A member is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act.
(sec.66A-ssec.2) If subsection (1) prevents a civil liability attaching to a member, the liability attaches instead to the university.
sec.66B
Report about person’s criminal history
sec.66B Report about person’s criminal history
To decide whether to recommend to the Governor in Council a person for appointment under section 14 (2) as an appointed member, the Minister may ask the commissioner of the police service for—
a written report about the person’s criminal history; and
a brief description of the circumstances of a conviction mentioned in the criminal history.
To decide whether a person is eligible to be the chancellor or vice-chancellor, or an elected or additional member, the council may ask the commissioner of the police service for—
a written report about the person’s criminal history; and
a brief description of the circumstances of a conviction mentioned in the criminal history.
The commissioner of the police service must comply with a request under subsection (1) or (2) .
However, the Minister or council may make a request about a person under subsection (1) or (2) only if the person has given the Minister or council written consent for the request.
The duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access.
The Minister or council must ensure that a report given to the Minister or council under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.
In this section—
criminal history , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than spent convictions.
s 66B ins 2005 No. 18 s 45
(sec.66B-ssec.1) To decide whether to recommend to the Governor in Council a person for appointment under section 14 (2) as an appointed member, the Minister may ask the commissioner of the police service for— a written report about the person’s criminal history; and a brief description of the circumstances of a conviction mentioned in the criminal history.
(sec.66B-ssec.2) To decide whether a person is eligible to be the chancellor or vice-chancellor, or an elected or additional member, the council may ask the commissioner of the police service for— a written report about the person’s criminal history; and a brief description of the circumstances of a conviction mentioned in the criminal history.
(sec.66B-ssec.3) The commissioner of the police service must comply with a request under subsection (1) or (2) .
(sec.66B-ssec.4) However, the Minister or council may make a request about a person under subsection (1) or (2) only if the person has given the Minister or council written consent for the request.
(sec.66B-ssec.5) The duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access.
(sec.66B-ssec.6) The Minister or council must ensure that a report given to the Minister or council under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.
(sec.66B-ssec.7) In this section— criminal history , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than spent convictions.
(a) a written report about the person’s criminal history; and
(b) a brief description of the circumstances of a conviction mentioned in the criminal history.
(a) a written report about the person’s criminal history; and
(b) a brief description of the circumstances of a conviction mentioned in the criminal history.
sec.66C
Delegation by Minister
sec.66C Delegation by Minister
The Minister may delegate the Minister’s power under section 66B (1) to an appropriately qualified officer of the department.
s 66C ins 2005 No. 18 s 45
sec.66D
Requirement to disclose particular matters
sec.66D Requirement to disclose particular matters
This section applies if a person who is a member—
is disqualified from managing corporations under the Corporations Act , part 2D .6; or
is convicted of an indictable offence mentioned in section 24 (1) (i) or 32A (1) (b) .
The person must, unless the person has a reasonable excuse, immediately give notice of the disqualification or conviction to—
if the person is the chancellor when disqualified or convicted—the vice-chancellor; or
if the person is an appointed member when disqualified or convicted—the Minister; or
otherwise—the chancellor.
Maximum penalty—100 penalty units.
The notice must include the following information—
if the notice is of the person’s disqualification—
the existence of the disqualification; and
when the disqualification took effect; and
sufficient details to identify the grounds for the disqualification;
if the notice is of the person’s conviction—
the existence of the conviction; and
when the offence was committed; and
sufficient details to identify the offence; and
the sentence imposed on the person.
The Minister, chancellor or vice-chancellor must ensure a notice given to the Minister, chancellor or vice-chancellor under this section is destroyed as soon as practicable after it is no longer needed for the purposes of this Act.
s 66D ins 2017 No. 36 s 20
amd 2017 No. 36 s 165 s ch 1 pt 2
(sec.66D-ssec.1) This section applies if a person who is a member— is disqualified from managing corporations under the Corporations Act , part 2D .6; or is convicted of an indictable offence mentioned in section 24 (1) (i) or 32A (1) (b) .
(sec.66D-ssec.2) The person must, unless the person has a reasonable excuse, immediately give notice of the disqualification or conviction to— if the person is the chancellor when disqualified or convicted—the vice-chancellor; or if the person is an appointed member when disqualified or convicted—the Minister; or otherwise—the chancellor. Maximum penalty—100 penalty units.
(sec.66D-ssec.3) The notice must include the following information— if the notice is of the person’s disqualification— the existence of the disqualification; and when the disqualification took effect; and sufficient details to identify the grounds for the disqualification; if the notice is of the person’s conviction— the existence of the conviction; and when the offence was committed; and sufficient details to identify the offence; and the sentence imposed on the person.
(sec.66D-ssec.4) The Minister, chancellor or vice-chancellor must ensure a notice given to the Minister, chancellor or vice-chancellor under this section is destroyed as soon as practicable after it is no longer needed for the purposes of this Act.
(a) is disqualified from managing corporations under the Corporations Act , part 2D .6; or
(b) is convicted of an indictable offence mentioned in section 24 (1) (i) or 32A (1) (b) .
(a) if the person is the chancellor when disqualified or convicted—the vice-chancellor; or
(b) if the person is an appointed member when disqualified or convicted—the Minister; or
(c) otherwise—the chancellor.
(a) if the notice is of the person’s disqualification— (i) the existence of the disqualification; and (ii) when the disqualification took effect; and (iii) sufficient details to identify the grounds for the disqualification;
(i) the existence of the disqualification; and
(ii) when the disqualification took effect; and
(iii) sufficient details to identify the grounds for the disqualification;
(b) if the notice is of the person’s conviction— (i) the existence of the conviction; and (ii) when the offence was committed; and (iii) sufficient details to identify the offence; and (iv) the sentence imposed on the person.
(i) the existence of the conviction; and
(ii) when the offence was committed; and
(iii) sufficient details to identify the offence; and
(iv) the sentence imposed on the person.
(i) the existence of the disqualification; and
(ii) when the disqualification took effect; and
(iii) sufficient details to identify the grounds for the disqualification;
(i) the existence of the conviction; and
(ii) when the offence was committed; and
(iii) sufficient details to identify the offence; and
(iv) the sentence imposed on the person.
sec.66E
Restrictions on disclosing protected information
sec.66E Restrictions on disclosing protected information
This section applies to a person who possesses protected information because the person is or was—
the Minister; or
a member; or
a person involved in the administration of this Act, including, for example, as a public service employee; or
a person helping the Minister, the council or a member to perform a function under this Act, including by providing administrative or other support.
The person must not, directly or indirectly, disclose the protected information to another person unless the disclosure is permitted under subsection (3) or (4) .
Maximum penalty—100 penalty units.
The person may disclose the protected information to another person—
to the extent necessary to perform the person’s functions under this Act; or
if the disclosure is authorised under an Act; or
if the disclosure is otherwise required or permitted by law; or
if the person to whom the information relates consents to the disclosure; or
if the disclosure is in a form that does not identify the person to whom the information relates; or
if the information is, or has been, lawfully accessible to the public.
Also, without limiting subsection (3) , the Minister, chancellor or vice-chancellor may disclose the protected information to any of the following to the extent necessary for the proper performance of the council’s functions—
the council;
a committee of the council;
a member;
another person.
In this section—
function includes power.
perform , a function, includes exercise a power.
protected information means—
a report, or information contained in a report, given under section 66B ; or
a notice, or information contained in a notice, given under section 66D .
s 66E ins 2017 No. 36 s 20
(sec.66E-ssec.1) This section applies to a person who possesses protected information because the person is or was— the Minister; or a member; or a person involved in the administration of this Act, including, for example, as a public service employee; or a person helping the Minister, the council or a member to perform a function under this Act, including by providing administrative or other support.
(sec.66E-ssec.2) The person must not, directly or indirectly, disclose the protected information to another person unless the disclosure is permitted under subsection (3) or (4) . Maximum penalty—100 penalty units.
(sec.66E-ssec.3) The person may disclose the protected information to another person— to the extent necessary to perform the person’s functions under this Act; or if the disclosure is authorised under an Act; or if the disclosure is otherwise required or permitted by law; or if the person to whom the information relates consents to the disclosure; or if the disclosure is in a form that does not identify the person to whom the information relates; or if the information is, or has been, lawfully accessible to the public.
(sec.66E-ssec.4) Also, without limiting subsection (3) , the Minister, chancellor or vice-chancellor may disclose the protected information to any of the following to the extent necessary for the proper performance of the council’s functions— the council; a committee of the council; a member; another person.
(sec.66E-ssec.5) In this section— function includes power. perform , a function, includes exercise a power. protected information means— a report, or information contained in a report, given under section 66B ; or a notice, or information contained in a notice, given under section 66D .
(a) the Minister; or
(b) a member; or
(c) a person involved in the administration of this Act, including, for example, as a public service employee; or
(d) a person helping the Minister, the council or a member to perform a function under this Act, including by providing administrative or other support.
(a) to the extent necessary to perform the person’s functions under this Act; or
(b) if the disclosure is authorised under an Act; or
(c) if the disclosure is otherwise required or permitted by law; or
(d) if the person to whom the information relates consents to the disclosure; or
(e) if the disclosure is in a form that does not identify the person to whom the information relates; or
(f) if the information is, or has been, lawfully accessible to the public.
(a) the council;
(b) a committee of the council;
(c) a member;
(d) another person.
(a) a report, or information contained in a report, given under section 66B ; or
(b) a notice, or information contained in a notice, given under section 66D .
sec.67
Control of traffic and conduct on university land
sec.67 Control of traffic and conduct on university land
Schedule 1 has effect.
sec.68
Regulation-making power
sec.68 Regulation-making power
The Governor in Council may make regulations under this Act.
sec.69
Repealed Act references
sec.69 Repealed Act references
In an Act or document, a reference to the Griffith University Act 1971 may, if the context permits, be taken to be a reference to this Act.
pt.8
Transitional provisions
Transitional provisions
pt.8-div.1
Transitional provisions for the Education (Miscellaneous Amendments) Act 2002
Transitional provisions for the Education (Miscellaneous Amendments) Act 2002
sec.70
Definitions for div 1
sec.70 Definitions for div 1
In this division—
college means a college established under section 39 of the pre-amended Act.
commencement means the commencement of the section in which the term is used.
Gold Coast college means the college established under the Griffith University Statute No. 1.1 (Establishment of a College of Griffith University) 1999 .
Gold Coast student body means the college student body established under the Griffith University Statute No. 1.4 (Establishment of a Student Representative Guild of a College of Griffith University at the Gold Coast) 1999 .
pre-amended Act means this Act as in force before the commencement of the Education (Miscellaneous Amendments) Act 2002 , part 7 .
s 70 prev s 70 exp 13 March 2000 (see s 85)
pres s 70 ins 2002 No. 75 s 54
amd 2005 No. 18 s 165 sch
sec.71
Conduct of ballot for elected members
sec.71 Conduct of ballot for elected members
A ballot under section 15(3) for elected members ( new members ) of the council must be conducted as soon as practicable after the commencement.
Subsection (3) applies to a person who is an elected member immediately before the ballot is conducted.
Despite section 19(1) and (2), the term of office of the member ends at the end of the day the new member who is the member’s successor is elected under the ballot.
No compensation is payable to a person because of subsection (3).
s 71 prev s 71 exp 13 March 2000 (see s 85)
pres s 71 ins 2002 No. 75 s 54
(sec.71-ssec.1) A ballot under section 15(3) for elected members ( new members ) of the council must be conducted as soon as practicable after the commencement.
(sec.71-ssec.2) Subsection (3) applies to a person who is an elected member immediately before the ballot is conducted.
(sec.71-ssec.3) Despite section 19(1) and (2), the term of office of the member ends at the end of the day the new member who is the member’s successor is elected under the ballot.
(sec.71-ssec.4) No compensation is payable to a person because of subsection (3).
sec.72
When particular members’ term of office ends
sec.72 When particular members’ term of office ends
This section applies to a person who, immediately before the commencement, was a member mentioned in section 15(2)(e) of the pre-amended Act.
Despite section 19(2) of the pre-amended Act, the term of office of the member ends on the commencement.
No compensation is payable to a person because of subsection (2).
s 72 prev s 72 exp 13 March 2000 (see s 85)
pres s 72 ins 2002 No. 75 s 54
(sec.72-ssec.1) This section applies to a person who, immediately before the commencement, was a member mentioned in section 15(2)(e) of the pre-amended Act.
(sec.72-ssec.2) Despite section 19(2) of the pre-amended Act, the term of office of the member ends on the commencement.
(sec.72-ssec.3) No compensation is payable to a person because of subsection (2).
sec.73
Continuation of Gold Coast student body
sec.73 Continuation of Gold Coast student body
The Gold Coast student body is continued as the student guild.
s 73 prev s 73 exp 13 March 2000 (see s 85)
pres s 73 ins 2002 No. 75 s 54
sec.74
Student guild is legal successor
sec.74 Student guild is legal successor
The student guild is the successor in law of the Gold Coast student body.
s 74 prev s 74 exp 13 March 2000 (see s 85)
pres s 74 ins 2002 No. 75 s 54
sec.75
Continuation of constitution
sec.75 Continuation of constitution
Subsection (2) applies until the student guild’s constitution is approved under section 43(3).
The Gold Coast student body’s constitution in force immediately before the commencement is taken to be the student guild’s constitution.
s 75 prev s 75 exp 13 March 2000 (see s 85)
pres s 75 ins 2002 No. 75 s 54
(sec.75-ssec.1) Subsection (2) applies until the student guild’s constitution is approved under section 43(3).
(sec.75-ssec.2) The Gold Coast student body’s constitution in force immediately before the commencement is taken to be the student guild’s constitution.
sec.76
Board members and office holders continue in office
sec.76 Board members and office holders continue in office
This section applies to a person who, immediately before the commencement—
is a member of the board of the Gold Coast student body; or
holds an office under the Gold Coast student body’s constitution.
Subject to the student guild’s constitution, the person continues—
as a member of the board of the student guild; or
to hold the office under the student guild’s constitution.
s 76 prev s 76 exp 13 March 2000 (see s 85)
pres s 76 ins 2002 No. 75 s 54
(sec.76-ssec.1) This section applies to a person who, immediately before the commencement— is a member of the board of the Gold Coast student body; or holds an office under the Gold Coast student body’s constitution.
(sec.76-ssec.2) Subject to the student guild’s constitution, the person continues— as a member of the board of the student guild; or to hold the office under the student guild’s constitution.
(a) is a member of the board of the Gold Coast student body; or
(b) holds an office under the Gold Coast student body’s constitution.
(a) as a member of the board of the student guild; or
(b) to hold the office under the student guild’s constitution.
sec.77
Assets and liabilities etc.
sec.77 Assets and liabilities etc.
On the commencement—
the assets and liabilities of the Gold Coast student body immediately before the commencement vest in the student guild; and
any contracts entered into by or for the Gold Coast student body and all guarantees, undertakings and securities given by, for or to the Gold Coast student body, in force immediately before the commencement, are taken to have been entered into or given by, for or to the student guild and may be enforced against or by the student guild.
s 77 prev s 77 exp 13 March 2000 (see s 85)
pres s 77 ins 2002 No. 75 s 54
(a) the assets and liabilities of the Gold Coast student body immediately before the commencement vest in the student guild; and
(b) any contracts entered into by or for the Gold Coast student body and all guarantees, undertakings and securities given by, for or to the Gold Coast student body, in force immediately before the commencement, are taken to have been entered into or given by, for or to the student guild and may be enforced against or by the student guild.
sec.78
Proceedings
sec.78 Proceedings
This section applies to a proceeding that—
was taken by or against either of the following before the commencement—
the Gold Coast student body;
a person who held an office on the Gold Coast student body in the person’s capacity as an office holder of the Gold Coast student body.
From the commencement, the proceeding may be continued and finished by or against the student guild.
s 78 prev s 78 exp 13 March 2000 (see s 85)
pres s 78 ins 2002 No. 75 s 54
(sec.78-ssec.1) This section applies to a proceeding that— was taken by or against either of the following before the commencement— the Gold Coast student body; a person who held an office on the Gold Coast student body in the person’s capacity as an office holder of the Gold Coast student body.
(sec.78-ssec.2) From the commencement, the proceeding may be continued and finished by or against the student guild.
(a) was taken by or against either of the following before the commencement— (i) the Gold Coast student body; (ii) a person who held an office on the Gold Coast student body in the person’s capacity as an office holder of the Gold Coast student body.
(i) the Gold Coast student body;
(ii) a person who held an office on the Gold Coast student body in the person’s capacity as an office holder of the Gold Coast student body.
(i) the Gold Coast student body;
(ii) a person who held an office on the Gold Coast student body in the person’s capacity as an office holder of the Gold Coast student body.
sec.79
References to Gold Coast student body
sec.79 References to Gold Coast student body
A reference in an Act or document to the Gold Coast student body may, if the context permits, be taken as a reference to the student guild.
s 79 prev s 79 exp 13 March 2000 (see s 85)
pres s 79 ins 2002 No. 75 s 54
sec.80
Dissolution of colleges
sec.80 Dissolution of colleges
On the commencement, each college is dissolved.
s 80 prev s 80 exp 13 March 2000 (see s 85)
pres s 80 ins 2002 No. 75 s 54
pt.8-div.2
Transitional provisions for the University Legislation Amendment Act 2005
Transitional provisions for the University Legislation Amendment Act 2005
sec.81
Definitions for div 2
sec.81 Definitions for div 2
In this division—
commencement means the commencement of the provision in which the term is used.
new additional members see section 87.
new appointed members see section 83(2).
pre-amended Act means this Act as in force before the commencement of the University Legislation Amendment Act 2005 , part 3 .
s 81 prev s 81 exp 13 March 2000 (see s 85)
pres s 81 ins 2005 No. 18 s 47
sec.82
Continuation of official member
sec.82 Continuation of official member
Despite section 13, a person who was an official member under section 13(2)(c) of the pre-amended Act continues as an official member until the new appointed members’ terms of office start.
s 82 prev s 82 exp 13 March 2000 (see s 85)
pres s 82 ins 2005 No. 18 s 47
sec.83
Appointment of new appointed members
sec.83 Appointment of new appointed members
The Minister must, within 1 year after the commencement, recommend to the Governor in Council 7 persons for appointment, under section 14(2), as appointed members.
The Governor in Council may appoint the persons as appointed members (the new appointed members ).
s 83 prev s 83 exp 13 March 2000 (see s 85)
pres s 83 ins 2005 No. 18 s 47
(sec.83-ssec.1) The Minister must, within 1 year after the commencement, recommend to the Governor in Council 7 persons for appointment, under section 14(2), as appointed members.
(sec.83-ssec.2) The Governor in Council may appoint the persons as appointed members (the new appointed members ).
sec.84
Continuation, and term of office, of appointed members
sec.84 Continuation, and term of office, of appointed members
This section applies to a person who was an appointed member immediately before the commencement.
Despite section 14(1), the person continues as an appointed member until—
the person’s term of office ends under subsection (3); or
the person’s office sooner becomes vacant.
Despite section 18, the person’s term of office ends when the new appointed members’ terms of office start.
s 84 prev s 84 exp 13 March 2000 (see s 85)
pres s 84 ins 2005 No. 18 s 47
(sec.84-ssec.1) This section applies to a person who was an appointed member immediately before the commencement.
(sec.84-ssec.2) Despite section 14(1), the person continues as an appointed member until— the person’s term of office ends under subsection (3); or the person’s office sooner becomes vacant.
(sec.84-ssec.3) Despite section 18, the person’s term of office ends when the new appointed members’ terms of office start.
(a) the person’s term of office ends under subsection (3); or
(b) the person’s office sooner becomes vacant.
sec.85
Continuation of elected members
sec.85 Continuation of elected members
This section applies to a person who was an elected member immediately before the commencement.
Despite section 15(1) and (2), the person continues as an elected member until—
the person’s term of office ends under section 86; or
the person’s office sooner becomes vacant.
Despite section 19(1) and (2), the person’s term of office is 3 years.
s 85 prev s 85 exp 13 March 2000 (see s 85)
pres s 85 ins 2005 No. 18 s 47
(sec.85-ssec.1) This section applies to a person who was an elected member immediately before the commencement.
(sec.85-ssec.2) Despite section 15(1) and (2), the person continues as an elected member until— the person’s term of office ends under section 86; or the person’s office sooner becomes vacant.
(sec.85-ssec.3) Despite section 19(1) and (2), the person’s term of office is 3 years.
(a) the person’s term of office ends under section 86; or
(b) the person’s office sooner becomes vacant.
sec.86
Ballot, and term of office, for elected members
sec.86 Ballot, and term of office, for elected members
At least 14 days before the new appointed members are appointed, a ballot under section 15(3) of the post-amended Act must be conducted for elected members.
Subsection (3) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(a) of the pre-amended Act.
The person’s term of office ends when the elected members mentioned in section 15(2)(a) of the post-amended Act are elected under the ballot.
Subsection (5) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(b) of the pre-amended Act.
The person’s term of office ends when the elected member mentioned in section 15(2)(b) of the post-amended Act is elected under the ballot.
Subsection (7) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(c) of the pre-amended Act.
The person’s term of office ends when the elected member mentioned in section 15(2)(c) of the post-amended Act is elected under the ballot.
Subsection (9) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(d) of the pre-amended Act.
The person’s term of office ends when the new additional members’ terms of office start.
A person is taken to be elected under the ballot when the new appointed members’ terms of office start.
Despite section 19(3), the term of office of a person elected under the ballot starts when the new appointed members’ terms of office start.
Subsections (3), (5), (7) and (9) apply despite section 85(3).
In this section—
post-amended Act means this Act as in force after the commencement of the University Legislation Amendment Act 2005 , part 3 .
s 86 ins 2005 No. 18 s 47
(sec.86-ssec.1) At least 14 days before the new appointed members are appointed, a ballot under section 15(3) of the post-amended Act must be conducted for elected members.
(sec.86-ssec.2) Subsection (3) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(a) of the pre-amended Act.
(sec.86-ssec.3) The person’s term of office ends when the elected members mentioned in section 15(2)(a) of the post-amended Act are elected under the ballot.
(sec.86-ssec.4) Subsection (5) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(b) of the pre-amended Act.
(sec.86-ssec.5) The person’s term of office ends when the elected member mentioned in section 15(2)(b) of the post-amended Act is elected under the ballot.
(sec.86-ssec.6) Subsection (7) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(c) of the pre-amended Act.
(sec.86-ssec.7) The person’s term of office ends when the elected member mentioned in section 15(2)(c) of the post-amended Act is elected under the ballot.
(sec.86-ssec.8) Subsection (9) applies to a person who, immediately before the ballot is conducted, is an elected member mentioned in section 15(2)(d) of the pre-amended Act.
(sec.86-ssec.9) The person’s term of office ends when the new additional members’ terms of office start.
(sec.86-ssec.10) A person is taken to be elected under the ballot when the new appointed members’ terms of office start.
(sec.86-ssec.11) Despite section 19(3), the term of office of a person elected under the ballot starts when the new appointed members’ terms of office start.
(sec.86-ssec.12) Subsections (3), (5), (7) and (9) apply despite section 85(3).
(sec.86-ssec.13) In this section— post-amended Act means this Act as in force after the commencement of the University Legislation Amendment Act 2005 , part 3 .
sec.87
Appointment of new additional members
sec.87 Appointment of new additional members
The council must, within 1 year after the commencement, appoint 4 persons as additional members (the new additional members ) under section 16.
s 87 ins 2005 No. 18 s 47
sec.88
Continuation, and term of office, of additional members
sec.88 Continuation, and term of office, of additional members
A person who was an additional member immediately before the commencement continues as an additional member until—
the person’s term of office ends under subsection (2); or
the person’s office sooner becomes vacant.
Despite section 20, the person’s term of office ends when the new additional members’ terms of office start.
s 88 ins 2005 No. 18 s 47
(sec.88-ssec.1) A person who was an additional member immediately before the commencement continues as an additional member until— the person’s term of office ends under subsection (2); or the person’s office sooner becomes vacant.
(sec.88-ssec.2) Despite section 20, the person’s term of office ends when the new additional members’ terms of office start.
(a) the person’s term of office ends under subsection (2); or
(b) the person’s office sooner becomes vacant.
sec.89
Council need not include additional members
sec.89 Council need not include additional members
Despite section 12, the council need not include additional members before the new additional members’ terms of office start.
s 89 ins 2005 No. 18 s 47
sec.90
Dealing with casual vacancy in office of elected member
sec.90 Dealing with casual vacancy in office of elected member
This section applies if a casual vacancy arises in the office of an elected member after the commencement and before the ballot mentioned in section 86(1) is conducted.
For appointing or electing a person to the office, the pre-amended Act continues to apply as if the University Legislation Amendment Act 2005 , part 3 , had not commenced.
s 90 ins 2005 No. 18 s 47
(sec.90-ssec.1) This section applies if a casual vacancy arises in the office of an elected member after the commencement and before the ballot mentioned in section 86(1) is conducted.
(sec.90-ssec.2) For appointing or electing a person to the office, the pre-amended Act continues to apply as if the University Legislation Amendment Act 2005 , part 3 , had not commenced.
sec.91
Constitution of council
sec.91 Constitution of council
This section applies until the new appointed members’ terms of office start.
Despite section 17, the council is taken to be properly constituted when it has 15 or more members, whether they be additional, appointed, elected or official members.
s 91 ins 2005 No. 18 s 47
(sec.91-ssec.1) This section applies until the new appointed members’ terms of office start.
(sec.91-ssec.2) Despite section 17, the council is taken to be properly constituted when it has 15 or more members, whether they be additional, appointed, elected or official members.
pt.8-div.3
Transitional provisions for University Legislation Amendment Act 2017
Transitional provisions for University Legislation Amendment Act 2017
sec.92
Definition for division
sec.92 Definition for division
In this division—
previous , for a provision of this Act, means the provision as in force from time to time before the commencement.
s 92 ins 2017 No. 36 s 114
sec.93
Particular references to council election
sec.93 Particular references to council election
A reference in the following provisions to a council election includes a reference to a ballot under previous section 15(3)—
section 20A(2) and (3)(a);
schedule 2, definition elected member .
s 93 ins 2017 No. 36 s 114
(a) section 20A(2) and (3)(a);
(b) schedule 2, definition elected member .
sec.94
Repeal of university statutes
sec.94 Repeal of university statutes
This section applies to a university statute made under previous section 61 that was in force immediately before the commencement.
To remove any doubt, it is declared that, on the commencement, the university statute is repealed.
s 94 ins 2017 No. 36 s 114
(sec.94-ssec.1) This section applies to a university statute made under previous section 61 that was in force immediately before the commencement.
(sec.94-ssec.2) To remove any doubt, it is declared that, on the commencement, the university statute is repealed.
sch.1-pt.1
Authorised persons
Authorised persons
sch.1-sec.1
Appointment
sch.1-sec.1 Appointment
The vice-chancellor may, in writing, appoint a person who the vice-chancellor is satisfied has the necessary training, or knowledge and experience, to be an authorised person under this Act.
sch.1-sec.2
Limitation of authorised person’s powers
sch.1-sec.2 Limitation of authorised person’s powers
The powers of an authorised person may be limited—
under a condition of appointment; or
by notice of the vice-chancellor given to the authorised person.
Notice under subsection (1) (b) may be given orally, but must be confirmed in writing as soon as possible.
sch 1 pt 1 s 2 amd 2005 No. 18 s 165 sch
(sch.1-sec.2-ssec.1) The powers of an authorised person may be limited— under a condition of appointment; or by notice of the vice-chancellor given to the authorised person.
(sch.1-sec.2-ssec.2) Notice under subsection (1) (b) may be given orally, but must be confirmed in writing as soon as possible.
(a) under a condition of appointment; or
(b) by notice of the vice-chancellor given to the authorised person.
sch.1-sec.3
Terms of appointment
sch.1-sec.3 Terms of appointment
An authorised person holds office on the conditions stated in the instrument of appointment.
An authorised person—
if the appointment provides for a term of appointment—ceases to hold office as an authorised person at the end of the term; and
may resign by signed notice given to the vice-chancellor.
(sch.1-sec.3-ssec.1) An authorised person holds office on the conditions stated in the instrument of appointment.
(sch.1-sec.3-ssec.2) An authorised person— if the appointment provides for a term of appointment—ceases to hold office as an authorised person at the end of the term; and may resign by signed notice given to the vice-chancellor.
(a) if the appointment provides for a term of appointment—ceases to hold office as an authorised person at the end of the term; and
(b) may resign by signed notice given to the vice-chancellor.
sch.1-sec.4
Identity cards
sch.1-sec.4 Identity cards
The vice-chancellor must issue an identity card to each authorised person.
The identity card must—
contain a recent photograph of the authorised person; and
be in a form approved by the vice-chancellor; and
be signed by the authorised person.
A person who ceases to be an authorised person must, as soon as practicable, return the person’s identity card to the vice-chancellor, unless the person has a reasonable excuse for not returning it.
Maximum penalty for subsection (3) —10 penalty units.
(sch.1-sec.4-ssec.1) The vice-chancellor must issue an identity card to each authorised person.
(sch.1-sec.4-ssec.2) The identity card must— contain a recent photograph of the authorised person; and be in a form approved by the vice-chancellor; and be signed by the authorised person.
(sch.1-sec.4-ssec.3) A person who ceases to be an authorised person must, as soon as practicable, return the person’s identity card to the vice-chancellor, unless the person has a reasonable excuse for not returning it. Maximum penalty for subsection (3) —10 penalty units.
(a) contain a recent photograph of the authorised person; and
(b) be in a form approved by the vice-chancellor; and
(c) be signed by the authorised person.
sch.1-sec.5
Proof of authority
sch.1-sec.5 Proof of authority
An authorised person may exercise a power under this Act in relation to someone else only if the authorised person—
first produces his or her identity card for inspection by the other person; or
has his or her identity card displayed so that it is clearly visible.
If, for any reason, it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for inspection by the person at the first reasonable opportunity.
If subsection (2) is relevant and is complied with by an authorised person, the exercise of a power in relation to someone else by the authorised person is not invalid merely because of subsection (1) .
(sch.1-sec.5-ssec.1) An authorised person may exercise a power under this Act in relation to someone else only if the authorised person— first produces his or her identity card for inspection by the other person; or has his or her identity card displayed so that it is clearly visible.
(sch.1-sec.5-ssec.2) If, for any reason, it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for inspection by the person at the first reasonable opportunity.
(sch.1-sec.5-ssec.3) If subsection (2) is relevant and is complied with by an authorised person, the exercise of a power in relation to someone else by the authorised person is not invalid merely because of subsection (1) .
(a) first produces his or her identity card for inspection by the other person; or
(b) has his or her identity card displayed so that it is clearly visible.
sch.1-pt.2
Traffic control
Traffic control
sch.1-sec.6
Persons authorised to control traffic on university’s land
sch.1-sec.6 Persons authorised to control traffic on university’s land
An authorised person may control traffic on the university’s land and, for this purpose, may give directions to persons on the land.
A person must not fail to comply with a direction given under subsection (1) , unless the person has a reasonable excuse for not complying with it.
Maximum penalty for subsection (2) —10 penalty units.
(sch.1-sec.6-ssec.1) An authorised person may control traffic on the university’s land and, for this purpose, may give directions to persons on the land.
(sch.1-sec.6-ssec.2) A person must not fail to comply with a direction given under subsection (1) , unless the person has a reasonable excuse for not complying with it. Maximum penalty for subsection (2) —10 penalty units.
sch.1-sec.7
Regulatory notice
sch.1-sec.7 Regulatory notice
The university may erect or display at or near any vehicular entrance to the university’s land, a notice (a regulatory notice ) regulating the driving, parking or standing of vehicles on the land, including, for example—
fixing a maximum speed limit; or
indicating a pedestrian crossing; or
indicating a place where the driving, parking or standing of a vehicle is restricted or prohibited.
A person on the university’s land must comply with a regulatory notice, unless the person has a reasonable excuse for not complying with it.
Maximum penalty—10 penalty units.
A regulatory notice—
must state the limits of the area to which the notice applies; and
may state that a contravention of a requirement of the notice is an offence against the Act and the penalty for the offence.
Without limiting subsection (1) , the university may erect and display regulatory notices in the form of official traffic signs.
Evidence that a regulatory notice was erected or displayed at a place mentioned in subsection (1) is evidence that the notice was erected or displayed by the university.
A regulatory notice erected or displayed under this section must be easily visible to passers-by.
(sch.1-sec.7-ssec.1) The university may erect or display at or near any vehicular entrance to the university’s land, a notice (a regulatory notice ) regulating the driving, parking or standing of vehicles on the land, including, for example— fixing a maximum speed limit; or indicating a pedestrian crossing; or indicating a place where the driving, parking or standing of a vehicle is restricted or prohibited.
(sch.1-sec.7-ssec.2) A person on the university’s land must comply with a regulatory notice, unless the person has a reasonable excuse for not complying with it. Maximum penalty—10 penalty units.
(sch.1-sec.7-ssec.3) A regulatory notice— must state the limits of the area to which the notice applies; and may state that a contravention of a requirement of the notice is an offence against the Act and the penalty for the offence.
(sch.1-sec.7-ssec.4) Without limiting subsection (1) , the university may erect and display regulatory notices in the form of official traffic signs.
(sch.1-sec.7-ssec.5) Evidence that a regulatory notice was erected or displayed at a place mentioned in subsection (1) is evidence that the notice was erected or displayed by the university.
(sch.1-sec.7-ssec.6) A regulatory notice erected or displayed under this section must be easily visible to passers-by.
(a) fixing a maximum speed limit; or
(b) indicating a pedestrian crossing; or
(c) indicating a place where the driving, parking or standing of a vehicle is restricted or prohibited.
(a) must state the limits of the area to which the notice applies; and
(b) may state that a contravention of a requirement of the notice is an offence against the Act and the penalty for the offence.
sch.1-sec.8
Information notices
sch.1-sec.8 Information notices
This section applies if a regulatory notice does not state that a contravention of a requirement of the notice is an offence against this Act and the penalty for the offence.
The university must erect or display at or near each vehicular entrance to the university’s land to which the regulatory notice relates, and other places the vice-chancellor considers appropriate, information notices stating that a contravention of a requirement of a regulatory notice is an offence and the penalty for the offence.
An information notice may contain any other information the vice-chancellor considers appropriate.
An information notice erected or displayed under this section must be easily visible to passers-by.
In this section—
regulatory notice does not include an official traffic sign.
(sch.1-sec.8-ssec.1) This section applies if a regulatory notice does not state that a contravention of a requirement of the notice is an offence against this Act and the penalty for the offence.
(sch.1-sec.8-ssec.2) The university must erect or display at or near each vehicular entrance to the university’s land to which the regulatory notice relates, and other places the vice-chancellor considers appropriate, information notices stating that a contravention of a requirement of a regulatory notice is an offence and the penalty for the offence.
(sch.1-sec.8-ssec.3) An information notice may contain any other information the vice-chancellor considers appropriate.
(sch.1-sec.8-ssec.4) An information notice erected or displayed under this section must be easily visible to passers-by.
(sch.1-sec.8-ssec.5) In this section— regulatory notice does not include an official traffic sign.
sch.1-sec.9
Removal and detention of illegally parked or abandoned vehicles
sch.1-sec.9 Removal and detention of illegally parked or abandoned vehicles
An authorised person may seize, remove and hold, a vehicle that the authorised person believes on reasonable grounds—
is parked in contravention of a regulatory notice; or
is abandoned.
The vehicle must be held at a safe place.
An authorised person may exercise the powers given under subsection (1) (a) only if—
the authorised person believes on reasonable grounds that it is necessary or desirable to seize and remove the vehicle having regard to the safety and convenience of traffic on the university’s land; and
the authorised person—
can not immediately locate the driver of the vehicle; or
believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.
As soon as is practicable and no later than 14 days after the vehicle is seized, the university must give to the owner of the vehicle a notice stating how the owner may recover the vehicle.
If the owner can not be ascertained or located within 14 days after the vehicle is seized, the notice may be given by publishing it in a newspaper circulating generally in the State.
If the vehicle was parked in contravention of a regulatory notice, the owner of the vehicle must pay to the university the amount demanded by it for the cost of seizing, removing, holding and returning the vehicle.
In this section—
vehicle includes a part of the vehicle and anything attached to, or contained in, the vehicle.
sch 1 pt 2 s 9 amd 2005 No. 18 s 165 sch
(sch.1-sec.9-ssec.1) An authorised person may seize, remove and hold, a vehicle that the authorised person believes on reasonable grounds— is parked in contravention of a regulatory notice; or is abandoned.
(sch.1-sec.9-ssec.2) The vehicle must be held at a safe place.
(sch.1-sec.9-ssec.3) An authorised person may exercise the powers given under subsection (1) (a) only if— the authorised person believes on reasonable grounds that it is necessary or desirable to seize and remove the vehicle having regard to the safety and convenience of traffic on the university’s land; and the authorised person— can not immediately locate the driver of the vehicle; or believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.
(sch.1-sec.9-ssec.4) As soon as is practicable and no later than 14 days after the vehicle is seized, the university must give to the owner of the vehicle a notice stating how the owner may recover the vehicle.
(sch.1-sec.9-ssec.5) If the owner can not be ascertained or located within 14 days after the vehicle is seized, the notice may be given by publishing it in a newspaper circulating generally in the State.
(sch.1-sec.9-ssec.6) If the vehicle was parked in contravention of a regulatory notice, the owner of the vehicle must pay to the university the amount demanded by it for the cost of seizing, removing, holding and returning the vehicle.
(sch.1-sec.9-ssec.7) In this section— vehicle includes a part of the vehicle and anything attached to, or contained in, the vehicle.
(a) is parked in contravention of a regulatory notice; or
(b) is abandoned.
(a) the authorised person believes on reasonable grounds that it is necessary or desirable to seize and remove the vehicle having regard to the safety and convenience of traffic on the university’s land; and
(b) the authorised person— (i) can not immediately locate the driver of the vehicle; or (ii) believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.
(i) can not immediately locate the driver of the vehicle; or
(ii) believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.
(i) can not immediately locate the driver of the vehicle; or
(ii) believes on reasonable grounds that the driver of the vehicle is not willing or able to remove the vehicle immediately.
sch.1-sec.10
Disposal of unclaimed vehicles
sch.1-sec.10 Disposal of unclaimed vehicles
This section applies if the owner of a seized vehicle does not recover the vehicle within 2 months after notice is given to the owner under section 9 (4) or (5) .
After publishing a notice in a newspaper circulating generally in the State, the university may sell the vehicle by public auction.
The notice must—
identify the vehicle; and
state that the vehicle is to be sold by auction; and
state how the owner may recover the vehicle before the auction; and
state the time and place of the auction.
Compensation is not recoverable against the university for the sale of a vehicle under this section.
In this section—
vehicle includes a part of the vehicle and anything attached to, or contained in, the vehicle.
(sch.1-sec.10-ssec.1) This section applies if the owner of a seized vehicle does not recover the vehicle within 2 months after notice is given to the owner under section 9 (4) or (5) .
(sch.1-sec.10-ssec.2) After publishing a notice in a newspaper circulating generally in the State, the university may sell the vehicle by public auction.
(sch.1-sec.10-ssec.3) The notice must— identify the vehicle; and state that the vehicle is to be sold by auction; and state how the owner may recover the vehicle before the auction; and state the time and place of the auction.
(sch.1-sec.10-ssec.4) Compensation is not recoverable against the university for the sale of a vehicle under this section.
(sch.1-sec.10-ssec.5) In this section— vehicle includes a part of the vehicle and anything attached to, or contained in, the vehicle.
(a) identify the vehicle; and
(b) state that the vehicle is to be sold by auction; and
(c) state how the owner may recover the vehicle before the auction; and
(d) state the time and place of the auction.
sch.1-sec.11
Application of proceeds of sale
sch.1-sec.11 Application of proceeds of sale
The proceeds of the sale must be applied in the following order—
in payment of the reasonable expenses incurred in the sale;
in payment of the reasonable cost of seizing, removing and holding the vehicle;
if there is an amount owing to an entity under a security interest registered for the vehicle under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;
in payment of any balance to the owner.
Compensation is not recoverable against the university for a payment under this section.
sch 1 pt 2 s 11 amd 2010 No. 44 s 74
(sch.1-sec.11-ssec.1) The proceeds of the sale must be applied in the following order— in payment of the reasonable expenses incurred in the sale; in payment of the reasonable cost of seizing, removing and holding the vehicle; if there is an amount owing to an entity under a security interest registered for the vehicle under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; in payment of any balance to the owner.
(sch.1-sec.11-ssec.2) Compensation is not recoverable against the university for a payment under this section.
(a) in payment of the reasonable expenses incurred in the sale;
(b) in payment of the reasonable cost of seizing, removing and holding the vehicle;
(c) if there is an amount owing to an entity under a security interest registered for the vehicle under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;
(d) in payment of any balance to the owner.
sch.1-pt.3
Conduct on university land
Conduct on university land
sch.1-sec.12
Conduct causing a public nuisance
sch.1-sec.12 Conduct causing a public nuisance
A person must not be disorderly or create a disturbance on the university’s land.
Maximum penalty—20 penalty units.
sch.1-sec.13
Power to deal with persons causing a public nuisance
sch.1-sec.13 Power to deal with persons causing a public nuisance
This section applies if an authorised person—
finds a person contravening section 12 ; or
finds a person in circumstances that leads the authorised person to suspect on reasonable grounds that the person has just contravened section 12 ; or
has information that leads the authorised person to suspect on reasonable grounds that a person has just contravened section 12 ; or
reasonably believes, having regard to the way a person is behaving, that the person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or
has information that leads the authorised person to believe, on reasonable grounds, that a person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or
reasonably believes that a person is on the land without lawful justification or excuse.
The authorised person may direct the person to leave the university’s land or a part of the university’s land.
A person must comply with a direction given to the person under subsection (2) , unless the person has a reasonable excuse for not complying with it.
Maximum penalty—10 penalty units.
(sch.1-sec.13-ssec.1) This section applies if an authorised person— finds a person contravening section 12 ; or finds a person in circumstances that leads the authorised person to suspect on reasonable grounds that the person has just contravened section 12 ; or has information that leads the authorised person to suspect on reasonable grounds that a person has just contravened section 12 ; or reasonably believes, having regard to the way a person is behaving, that the person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or has information that leads the authorised person to believe, on reasonable grounds, that a person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or reasonably believes that a person is on the land without lawful justification or excuse.
(sch.1-sec.13-ssec.2) The authorised person may direct the person to leave the university’s land or a part of the university’s land.
(sch.1-sec.13-ssec.3) A person must comply with a direction given to the person under subsection (2) , unless the person has a reasonable excuse for not complying with it. Maximum penalty—10 penalty units.
(a) finds a person contravening section 12 ; or
(b) finds a person in circumstances that leads the authorised person to suspect on reasonable grounds that the person has just contravened section 12 ; or
(c) has information that leads the authorised person to suspect on reasonable grounds that a person has just contravened section 12 ; or
(d) reasonably believes, having regard to the way a person is behaving, that the person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or
(e) has information that leads the authorised person to believe, on reasonable grounds, that a person’s presence may pose a threat to the safety of someone else on, entering or leaving the land; or
(f) reasonably believes that a person is on the land without lawful justification or excuse.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Griffith University Act 1998 .
sec.2 Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3 Definitions
sec.3 Definitions
The dictionary in schedule 2 defines particular words used in this Act.
pt.2 The university and its council
The university and its council
pt.2-div.1 University establishment and general functions and powers
University establishment and general functions and powers
sec.4 Establishment of university
sec.4 Establishment of university
The Griffith University is established.
The university—
is a body corporate; and
has a seal; and
may sue and be sued in its corporate name.
(sec.4-ssec.1) The Griffith University is established.
(sec.4-ssec.2) The university— is a body corporate; and has a seal; and may sue and be sued in its corporate name.
(a) is a body corporate; and
(b) has a seal; and
(c) may sue and be sued in its corporate name.
sec.5 Functions of university
sec.5 Functions of university
The university’s functions are—
to provide education at university standard; and
to provide facilities for study and research generally, and in particular, for people in the cities of Brisbane, Gold Coast and Logan; and
to encourage study and research; and
to encourage the advancement and development of knowledge, and its application to government, industry, commerce and the community; and
to provide courses of study or instruction (at the levels of achievement the council considers appropriate) to meet the needs of the community generally, and in particular, the people in the cities of Brisbane, Gold Coast and Logan; and
to confer higher education awards; and
to disseminate knowledge and promote scholarship; and
to provide facilities and resources for the wellbeing of the university’s staff, students and other persons undertaking courses at the university; and
to exploit commercially, for the university’s benefit, a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, belonging to the university, whether alone or with someone else; and
to perform other functions given to the university under this or another Act.
s 5 amd 2002 No. 75 s 44
Council procedure is regulated lightly: the chancellor presides (s 27), quorum is half the members (s 28), and the council otherwise regulates its own proceedings (s 29). Delegation is permitted to qualified members, committees or the vice-chancellor, but core powers — making an election policy or adopting the annual budget — cannot be delegated (s 11). A statutory duty requires every council member to act honestly, in the university’s best interests, with reasonable skill and care, to disclose conflicts and not to misuse position or information (s 26A). Breach can lead to removal by resolution of at least 12 members (s 26B).
Part 3 creates the offices of chancellor (elected by council for up to five years, must not be a current student or staff member — s 30), deputy chancellor (s 31) and vice-chancellor (appointed by council as chief executive officer with delegation rights — s 32). Disqualification and removal rules mirror those for council members (ss 32A–32D).
Part 4 establishes a convocation whose membership, powers and meeting rules are left to council determination (s 33). It also creates two separate student corporations: the Griffith University Student Representative Council (for non-Gold Coast undergraduates and others eligible under its constitution) and the Gold Coast Student Guild. Each is a body corporate with perpetual succession, must have a written constitution approved by the university council, and possesses all powers of an individual (ss 34–43). These bodies are explicitly declared not to be employees or agents of the university council (s 36(3), s 41(3)).
Part 5 deals with property and finance. The university may vary the terms of trusts or gifts where the original purpose has been achieved, no longer exists, is uncertain or has become impossible, impractical or inexpedient (s 46). A statutory scheme must be created in writing, must prefer a purpose “as nearly similar as practicable” to the donor’s, and must be notified to the registrar of titles if land is involved (ss 47–49). The university is declared a statutory body under both the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982, bringing it under state financial oversight (ss 54–55). It may establish investment common funds, pool trust moneys, capitalise income in limited circumstances and apply revenue only to university purposes (ss 56–58). The council must adopt an annual budget and review bequests, donations and special grants (s 59).
Part 7 contains miscellaneous powers including the ability to form or join corporations whose objects align with the university’s functions (s 65), to contract for use of facilities and staff (s 66), and liability protection for council members acting honestly and without negligence (s 66A). Criminal history checks may be obtained for appointment decisions (s 66B), and protected information (criminal history reports and disqualification notices) is subject to strict disclosure controls (s 66E) with 100-penalty-unit fines.
Schedule 1 confers on authorised persons (appointed by the vice-chancellor) powers to control traffic and conduct on university land. Regulatory notices can set speed limits, create pedestrian crossings or prohibit parking (s 7 of Sch 1). Vehicles parked illegally or abandoned may be seized, removed, stored and ultimately sold, with proceeds applied first to costs, then registered security interests, then to the owner (ss 9–11 of Sch 1). Disorderly conduct or public nuisance carries a 20-penalty-unit maximum (s 12 of Sch 1), while failure to leave when directed carries 10 penalty units (s 13 of Sch 1).
The Act therefore does three things simultaneously: it constitutes the university and student bodies as separate legal persons, it allocates functions and powers, and it imposes a detailed accountability and procedural overlay that has been substantially thickened by the 2002, 2005 and 2017 amending Acts.
Who it affects
The legislation directly constitutes and binds Griffith University itself, its council, its officers (chancellor, deputy chancellor, vice-chancellor), its staff, its students, its graduates (via convocation), and the two statutory student corporations.
Council members — whether official, appointed, elected or additional — are subject to positive duties under s 26A, disqualification rules under s 23, removal powers under s 26B, and disclosure obligations under s 66D. The Minister for Education exercises appointment and limited extension powers (ss 14, 21, 26C) and holds residual restoration discretion for appointed members convicted of indictable offences (s 25). The vice-chancellor, as chief executive, holds operational and delegated authority (s 32) and appoints authorised persons under Schedule 1.
Academic and general staff are affected both as potential council members (two academic, one general staff seat) and as employees whose appointments are controlled by the council (s 9(2)(a)). Students are directly affected through the elected postgraduate and undergraduate seats on council, through eligibility to join and vote in the Student Representative Council or Gold Coast Student Guild, and through the conduct and traffic rules in Schedule 1 that apply to anyone on university land.
Donors, testators and trustees are affected by the trust-variation regime in ss 46–51; once a scheme is adopted the property must be held for the new “designated purpose”. Commercial partners, consultants and corporations formed or joined under s 65 are indirectly regulated because the university’s power to enter such relationships is expressly tied to the statutory objects.
The police commissioner is statutorily obliged to provide criminal history reports when requested by the Minister or council (s 66B), subject to consent and destruction requirements. The registrar of titles must be notified of trust-variation schemes affecting land (s 49). Finally, any member of the public using university roads or land is subject to the regulatory and information notices issued under Schedule 1 and to the public-nuisance offence.
Key duties and rights
Council members owe four express duties under s 26A(2): to act honestly and in the university’s best interests, to exercise reasonable skill, care and diligence, to disclose conflicts, and not to make improper use of position or information for personal or third-party advantage. These mirror directors’ duties but are tailored to a statutory body. Breach can found removal by a 12-member vote (s 26B).
The council itself has a overarching obligation to “act in the way that appears to it most likely to promote the university’s interests” (s 10). The university must apply all revenue solely to university purposes (s 58), which are broadly defined to include enabling study or research by current or former students or staff, advancement of learning generally, and assistance to affiliated bodies.
Students and staff have statutory rights to stand for election to council (s 15) and to vote under the election policy (s 26AC). The student corporations possess all powers of an individual (ss 37, 42) and autonomy in their internal affairs subject to council approval of constitutional amendments (ss 38, 43).
Donors retain the right to have their original purpose respected unless the statutory test in s 46(1) is met; once varied, the new purpose must be “as nearly similar as practicable” (s 47). The university has a positive right to vary trusts and to carry out conditions of gifts, bequests or devises (s 52).
Authorised persons have powers to control traffic, issue directions, seize vehicles and direct persons causing a nuisance to leave (Sch 1). Conversely, persons on university land have the right to expect that regulatory notices are clearly displayed and that authorised persons produce identity cards (ss 4–5 of Sch 1).
The vice-chancellor’s delegation power (s 32(5)) and the council’s sub-delegation permission (s 11(3)) create internal chains of authority that must be exercised only by “appropriately qualified” persons.
Penalties and enforcement
The Act creates relatively few direct criminal offences. The most significant are the 100-penalty-unit offences for failure to disclose disqualification or indictable conviction (s 66D(2)) and for unauthorised disclosure of protected information (s 66E(2)). Schedule 1 offences are more everyday: 10 penalty units for breaching a regulatory notice (s 7(2)), failing to comply with a direction to leave (s 13(3)), or failing to return an identity card (s 4(3) of Sch 1); 20 penalty units for disorderly conduct or public nuisance (s 12 of Sch 1).
Enforcement of governance rules is primarily internal. Council members may be removed by a supermajority vote (s 26B). The Governor in Council retains residual removal power for appointed members via the Acts Interpretation Act 1954 s 25 (s 26B(4)). Casual vacancies are filled by specific statutory cascades (s 20A) or, failing that, by ministerial appointment (s 21).
Financial accountability is enforced through the external statutory frameworks incorporated by ss 54 and 55. Trust-variation schemes are not subject to court approval but must be in writing and available on request (s 46(3)–(4)); the only sanction for non-compliance would be equitable action by beneficiaries or the Attorney-General.
The university’s commercial exploitation power (s 5(h)) is enforceable indirectly through council’s fiduciary-style duties and through the statutory prohibition on applying funds to non-university purposes (s 58).
How it interacts with other laws
The Act is deliberately woven into a web of Queensland and Commonwealth statutes. It declares the university a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982, importing borrowing, investment and reporting disciplines (ss 54–55). The council’s powers are “subject to” the limitations imposed by part 2B of the latter Act (s 55(2)).
Heavy reliance is placed on the Corporations Act 2001 (Cth). Council members, the chancellor and vice-chancellor are disqualified if they are disqualified from managing corporations under pt 2D.6 (ss 23(1)(a), 32A(1)(a)). Parts of the Corporations Act (duties, charges, debentures, winding-up, etc.) are declared excluded matters for the student bodies and convocation under s 44A, preventing direct application of company law while preserving the statutory bodies regime.
Land management interacts with the Land Act 1994: State land may be leased but not otherwise dealt with by the university (s 53(2)), and trustee leases under operational deeds of grant in trust may run for 100 years (s 53(3)). Where a trust purpose refers to “university”, it is statutorily expanded to include anything consistent with s 5 functions (s 53(5)).
Criminal history provisions cross-reference the Criminal Law (Rehabilitation of Offenders) Act 1986, excluding spent convictions (s 66B(7)). Traffic and parking rules operate in parallel with the Transport Operations (Road Use Management) Act but create university-specific offences.
The Acts Interpretation Act 1954 supplies default rules for appointments and removals where not displaced. Finally, the university’s power to form corporations (s 65) operates “despite the Corporations Act”, allowing it to participate in companies limited by guarantee or other vehicles without triggering full company-law governance for the university itself.
Recent changes and why
The most significant recent amendments were introduced by the University Legislation Amendment Act 2017 (No. 36 of 2017). That Act inserted Division 3A of Part 2 requiring the council to adopt and publish an “election policy” containing mandatory integrity, security, secret-ballot and complaint-resolution provisions (s 26AA). It tightened eligibility-to-vote rules (s 26AC) and updated references to “council election” to include earlier ballots. These changes responded to concerns about electoral integrity in university governance following national scrutiny of student politics and to bring university elections into line with contemporary best-practice standards for secret ballots and prevention of multiple voting or undue influence.
The 2017 Act also inserted ss 66D and 66E, creating positive disclosure obligations for disqualifying matters and strict controls on protected criminal-history information, with 100-penalty-unit fines. This reflected post-royal-commission emphasis on child-safety and corporate-governance probity across the public sector.
Earlier, the University Legislation Amendment Act 2005 (No. 18 of 2005) fundamentally restructured council membership, reducing elected student and staff numbers, introducing the four-class model, adding conduct duties (s 26A), removal powers (s 26B) and term-extension provisions (s 26C). It responded to national governance reviews (e.g. the 2002 Commonwealth review of higher-education governance) that criticised overly large councils and insufficient independent membership. The 2002 Education (Miscellaneous Amendments) Act had already converted the Gold Coast college into an autonomous student guild and dissolved colleges, reflecting a policy shift toward streamlined university structures and stronger student-corporate identity.
These changes illustrate a consistent legislative trend: from establishment in 1998 toward professionalised, accountable, commercially agile governance that aligns with contemporary expectations of public universities as large, sophisticated organisations.
Court challenges and controversies
Because the Act is largely facilitative and internal governance-oriented, reported case law is sparse. No superior-court decisions directly construing the 1998 Act’s core provisions appear in authorised reports. However, the trust-variation power in ss 46–51 is modelled on cy-près principles; any dispute would likely be litigated in the Supreme Court’s equitable jurisdiction, though the statutory scheme bypasses the need for judicial approval if the council follows the procedural steps.
The interaction between s 23 (disqualification for indictable offences) and the restoration discretions in ss 25–26 and 32A has not been tested but mirrors provisions in other Queensland university Acts; analogous provisions in the University of Queensland Act 1998 were considered in administrative-law contexts concerning natural justice when removal is contemplated under s 26B. The requirement for “at least 12 members” to be satisfied before removal (s 26B(1)) raises questions about whether the meeting must be quorate under s 28 and whether the affected member may vote or be present — issues not expressly resolved in the text and therefore ripe for internal controversy.
Student guild autonomy has generated periodic disputes. Because the guilds are not agents of the university (s 36(3)), questions arise about whether university funding decisions or brand-use restrictions engage implied freedom of political communication or administrative-law review. No reported Griffith-specific cases exist, but analogous litigation at other Queensland universities has turned on whether the student body’s constitution, once approved, creates enforceable rights against the university council.
Schedule 1 traffic and conduct powers have produced minor Magistrates Court prosecutions for parking or nuisance, but these turn on factual compliance with regulatory notices rather than statutory interpretation. The destruction-of-report obligations in ss 66B(6) and 66E(4) reflect contemporary privacy concerns and could found civil claims for breach of statutory duty if reports were improperly retained or disclosed.
Overall, the Act has avoided high-profile litigation, which its drafters would regard as success: clear procedural pathways and internal resolution mechanisms reduce the need for external adjudication.
Gotchas
Most practitioners assume university councils are simply “boards” governed by generic corporations law; in fact the Griffith University Act displaces large parts of the Corporations Act (s 44A) and imposes a bespoke mix of public-law duties, ministerial oversight and statutory removal thresholds that have no direct Companies Act analogue. The 12-member supermajority for removal (s 26B) is unusually high and can create deadlock if the council is divided.
The election policy required by s 26AA is not subordinate legislation but has statutory force; failure to include mandatory integrity provisions would render elections non-compliant, potentially exposing council decisions to judicial review for breach of statutory precondition. Few realise that the policy must be published on the university website before it takes effect (s 26AA(4)), creating an easily overlooked publicity requirement.
Section 5(h)’s commercialisation power is broader than many realise: it expressly authorises joint ventures “whether alone or with someone else” and applies to “the practical application of study, research or knowledge”. This has funded numerous spin-out companies, yet the duty in s 26A(2)(d) not to make improper use of information acquired as a member continues to bind former members and can trap unwary academics on start-up boards.
The trust-variation scheme (ss 46–51) is deceptively powerful. Once the council forms the requisite satisfaction, the scheme is not reviewable on the merits provided the “as nearly similar as practicable” preference is documented. However, the university must keep the scheme available “without charge” to anyone who asks; failure to do so could expose it to equitable accounting claims by disappointed beneficiaries.
Casual-vacancy rules in s 20A contain a hidden preference for the highest-polling unsuccessful candidate; many councils overlook this and move straight to fresh appointment, risking invalidity. The 12-year cumulative cap on elected, appointed and additional membership (s 23(2)) is calculated “whether continuously or not” and can only be waived by majority resolution; it catches long-serving independent members who rotate through different categories.
Finally, the interaction between s 53 and the Land Act 1994 is rarely appreciated: even though the university holds State land on trust for “university” purposes, that term is statutorily expanded to anything consistent with s 5 functions. This gives surprising flexibility for mixed-use developments but requires meticulous documentation to avoid future ultra vires arguments.
How to comply
Compliance begins with council composition. The university must maintain at all times at least 11 members to be properly constituted (s 17). A rolling compliance calendar should track expiry of 4-year appointed and additional terms (ss 18, 20), 4-year staff terms and 2-year student terms (s 19), and ensure the 12-year cap in s 23(2) is monitored. Before any election or appointment, criminal-history checks must be obtained with written consent (s 66B) and destroyed promptly after use.
The election policy mandated by s 26AA must be reviewed before every election cycle. It must address the nine mandatory integrity matters listed in s 26AA(2) and, if used, the optional nomination and voting eligibility criteria in s 26AA(3). The policy must be published on the university website; any amendment restarts the notice period.
Council meetings require a quorum of half the members (s 28). Minutes should expressly record that members have declared conflicts in accordance with s 26A(2)(c). Delegations must be in writing, limited to appropriately qualified persons, and must not purport to delegate the making of the election policy or adoption of the annual budget (s 11(2)).
Financial compliance requires an annual budget (s 59(1)), an annual review of bequests and donations (s 59(4)), and adherence to the Financial Accountability Act 2009 and Statutory Bodies Financial Arrangements Act 1982. All revenue must be applied solely to university purposes (s 58); internal delegations should require certification that proposed expenditure meets this test.
For trust property, any proposal to vary terms must be supported by a written council resolution addressing each limb of s 46(1)(b). The resulting scheme must be retained and supplied free of charge. Land schemes must be notified to the registrar of titles (s 49).
Student corporations’ constitutions and any amendments must be submitted to and approved by the university council before taking effect (ss 38, 43). The university should maintain a register of approved constitutions and review them periodically for consistency with the Act.
On university land, regulatory notices and information notices must be erected at every vehicular entrance and kept visible (ss 7–8 of Sch 1). Authorised persons must hold current identity cards and produce them (ss 4–5 of Sch 1). Seizure of vehicles must follow the exact procedural sequence in ss 9–11 of Sch 1, including timely notice to owners and application of sale proceeds in the statutory order.
Disqualification events under ss 23, 24(1)(h)–(i) or 32A trigger immediate notice obligations (s 66D) with potential personal liability for 100 penalty units. Protected information must be handled only in accordance with s 66E; internal policies should restrict access to the chancellor, vice-chancellor and a small compliance team.
Finally, the council should commission periodic independent governance reviews to confirm that its practices align with the expanded post-2005 and post-2017 requirements. A single responsible officer (typically the university secretary or general counsel) should maintain a compliance matrix cross-referencing each substantive section against responsible persons, review frequency and evidence of compliance. This matrix, updated after every amending Act, is the practical tool that turns the legislation’s complexity into routine, defensible process.
Division pt.2-div.1University establishment and general functions and powers
(a) to provide education at university standard; and
(b) to provide facilities for study and research generally, and in particular, for people in the cities of Brisbane, Gold Coast and Logan; and
(ba) to encourage study and research; and
(c) to encourage the advancement and development of knowledge, and its application to government, industry, commerce and the community; and
(d) to provide courses of study or instruction (at the levels of achievement the council considers appropriate) to meet the needs of the community generally, and in particular, the people in the cities of Brisbane, Gold Coast and Logan; and
(e) to confer higher education awards; and
(f) to disseminate knowledge and promote scholarship; and
(g) to provide facilities and resources for the wellbeing of the university’s staff, students and other persons undertaking courses at the university; and
(h) to exploit commercially, for the university’s benefit, a facility or resource of the university, including, for example, study, research or knowledge, or the practical application of study, research or knowledge, belonging to the university, whether alone or with someone else; and
(i) to perform other functions given to the university under this or another Act.
sec.6 General powers of university
sec.6 General powers of university
The university has all the powers of an individual, and may, for example—
enter into contracts; and
acquire, hold, dispose of, and deal with property; and
appoint agents and attorneys; and
engage consultants; and
fix charges, and other terms, for services and other facilities it supplies; and
do anything else necessary or convenient to be done for, or in connection with, its functions.
Without limiting subsection (1) , the university has the powers given to it under this or another Act.
The university may exercise its powers inside or outside Queensland.
Without limiting subsection (3) , the university may exercise its powers outside Australia.
(sec.6-ssec.1) The university has all the powers of an individual, and may, for example— enter into contracts; and acquire, hold, dispose of, and deal with property; and appoint agents and attorneys; and engage consultants; and fix charges, and other terms, for services and other facilities it supplies; and do anything else necessary or convenient to be done for, or in connection with, its functions.
(sec.6-ssec.2) Without limiting subsection (1) , the university has the powers given to it under this or another Act.
(sec.6-ssec.3) The university may exercise its powers inside or outside Queensland.
(sec.6-ssec.4) Without limiting subsection (3) , the university may exercise its powers outside Australia.
(a) enter into contracts; and
(b) acquire, hold, dispose of, and deal with property; and
(c) appoint agents and attorneys; and
(d) engage consultants; and
(e) fix charges, and other terms, for services and other facilities it supplies; and
(f) do anything else necessary or convenient to be done for, or in connection with, its functions.
pt.2-div.2 Council establishment and general functions and powers
Council establishment and general functions and powers
sec.7 Establishment of council
sec.7 Establishment of council
There is a council of the university.
sec.8 Functions of council
sec.8 Functions of council
The council is the university’s governing body.
The council has the functions conferred on it under this or another Act.
(sec.8-ssec.1) The council is the university’s governing body.
(sec.8-ssec.2) The council has the functions conferred on it under this or another Act.
sec.9 Powers of council
sec.9 Powers of council
The council may do anything necessary or convenient to be done for, or in connection with, its functions.
Without limiting subsection (1) , the council has the powers given to it under this or another Act and, in particular—
to appoint the university’s staff; and
to manage and control the university’s affairs and property; and
to manage and control the university’s finances.
(sec.9-ssec.1) The council may do anything necessary or convenient to be done for, or in connection with, its functions.
(sec.9-ssec.2) Without limiting subsection (1) , the council has the powers given to it under this or another Act and, in particular— to appoint the university’s staff; and to manage and control the university’s affairs and property; and to manage and control the university’s finances.
(a) to appoint the university’s staff; and
(b) to manage and control the university’s affairs and property; and
(c) to manage and control the university’s finances.
sec.10 Council to promote university’s interests
sec.10 Council to promote university’s interests
The council must act in the way that appears to it most likely to promote the university’s interests.
sec.11 Delegation
sec.11 Delegation
The council may delegate its powers under this Act to—
an appropriately qualified member of the council; or
an appropriately qualified committee that includes 1 or more members of the council; or
an appropriately qualified member of the university’s staff.
However, the council may not delegate its power—
to make an election policy; or
to adopt the university’s annual budget.
A delegation of a power under subsection (1) to the vice-chancellor may permit the subdelegation of the power to an appropriately qualified member of the university’s staff.
s 11 amd 2017 No. 36 s 14 ; 2017 No. 36 s 106
(sec.11-ssec.1) The council may delegate its powers under this Act to— an appropriately qualified member of the council; or an appropriately qualified committee that includes 1 or more members of the council; or an appropriately qualified member of the university’s staff.
(sec.11-ssec.2) However, the council may not delegate its power— to make an election policy; or to adopt the university’s annual budget.
(sec.11-ssec.3) A delegation of a power under subsection (1) to the vice-chancellor may permit the subdelegation of the power to an appropriately qualified member of the university’s staff.
(a) an appropriately qualified member of the council; or
(b) an appropriately qualified committee that includes 1 or more members of the council; or
(c) an appropriately qualified member of the university’s staff.
(a) to make an election policy; or
(b) to adopt the university’s annual budget.
pt.2-div.3 Council membership
Council membership
sec.12 Membership of council
sec.12 Membership of council
The council consists of official members, appointed members, elected members and additional members.
s 12 sub 2005 No. 18 s 29
sec.13 Official members
sec.13 Official members
There are 2 official members.
The official members are—
the chancellor; and
the vice-chancellor.
s 13 sub 2005 No. 18 s 29
(sec.13-ssec.1) There are 2 official members.
(sec.13-ssec.2) The official members are— the chancellor; and the vice-chancellor.
(a) the chancellor; and
(b) the vice-chancellor.
sec.14 Appointed members
sec.14 Appointed members
There are 7 appointed members.
The Governor in Council is to appoint the appointed members.
s 14 amd 2002 No. 75 s 45 ; 2005 No. 18 s 30
(sec.14-ssec.1) There are 7 appointed members.
(sec.14-ssec.2) The Governor in Council is to appoint the appointed members.
sec.15 Elected members
sec.15 Elected members
There are 5 elected members.
The elected members are—
2 members of the academic staff; and
1 member of the general staff; and
1 undergraduate student, other than a person eligible for membership under paragraph (a) or (b) ; and
1 postgraduate student, other than a person eligible for membership under paragraph (a) or (b) .
Each elected member is to be elected at a council election.
s 15 amd 2002 No. 75 s 46 ; 2005 No. 18 s 31 ; 2017 No. 36 s 107
(sec.15-ssec.1) There are 5 elected members.
(sec.15-ssec.2) The elected members are— 2 members of the academic staff; and 1 member of the general staff; and 1 undergraduate student, other than a person eligible for membership under paragraph (a) or (b) ; and 1 postgraduate student, other than a person eligible for membership under paragraph (a) or (b) .
(sec.15-ssec.3) Each elected member is to be elected at a council election.
(a) 2 members of the academic staff; and
(b) 1 member of the general staff; and
(c) 1 undergraduate student, other than a person eligible for membership under paragraph (a) or (b) ; and
(d) 1 postgraduate student, other than a person eligible for membership under paragraph (a) or (b) .
sec.16 Additional members
sec.16 Additional members
There are 4 additional members.
The council must appoint the additional members.
The council must appoint at least 2 graduates of the university as additional members.
An additional member must not be a student or a member of the university’s academic staff or general staff.
s 16 sub 2005 No. 18 s 32
(sec.16-ssec.1) There are 4 additional members.
(sec.16-ssec.2) The council must appoint the additional members.
(sec.16-ssec.3) The council must appoint at least 2 graduates of the university as additional members.
(sec.16-ssec.4) An additional member must not be a student or a member of the university’s academic staff or general staff.
sec.17 When council is taken to be properly constituted
sec.17 When council is taken to be properly constituted
The council is taken to be properly constituted when it has 11 or more members, whether they be additional, appointed, elected or official members.
s 17 amd 2005 No. 18 s 33
sec.18 Appointed member’s term of office
sec.18 Appointed member’s term of office
An appointed member is to be appointed for a term of not more than 4 years.
s 18 amd 2005 No. 18 s 34
sec.19 Elected member’s term of office
sec.19 Elected member’s term of office
An elected member mentioned in section 15 (2) (a) or (b) holds office for 4 years.
An elected member mentioned in section 15 (2) (c) or (d) holds office for 2 years.
An elected member’s term of office starts—
if the member is re-elected—the day after the day when the member’s previous term of office ends; or
if paragraph (a) does not apply—the day after the day when the term of office of the member’s predecessor ends.
s 19 amd 2002 No. 75 s 74 sch ; 2005 No. 18 s 35
(sec.19-ssec.1) An elected member mentioned in section 15 (2) (a) or (b) holds office for 4 years.
(sec.19-ssec.2) An elected member mentioned in section 15 (2) (c) or (d) holds office for 2 years.
(sec.19-ssec.3) An elected member’s term of office starts— if the member is re-elected—the day after the day when the member’s previous term of office ends; or if paragraph (a) does not apply—the day after the day when the term of office of the member’s predecessor ends.
(a) if the member is re-elected—the day after the day when the member’s previous term of office ends; or
(b) if paragraph (a) does not apply—the day after the day when the term of office of the member’s predecessor ends.
sec.20 Additional member’s term of office
sec.20 Additional member’s term of office
An additional member is to be appointed for a term of not more than 4 years decided by the council.
s 20 sub 2005 No. 18 s 36
sec.20A Dealing with casual vacancy in office of an elected member
sec.20A Dealing with casual vacancy in office of an elected member
This section applies if a casual vacancy arises in the office of an elected member.
If the elected member was elected at a council election, the council must appoint to the office the one person, if any, who—
was a candidate for the office in the council election; and
was not elected; and
received the highest number of votes of all the candidates who were not elected; and
is eligible, under this Act, to be a member; and
is willing to be, and available to perform the functions of, a member.
Subsection (4) applies if—
the elected member was not elected at a council election; or
no-one is eligible for appointment under subsection (2) .
The council must appoint to the office a person who—
is eligible, under this Act, to be a member; and
is an eligible person for the class of elected members of which the elected member was a member; and
otherwise meets any nomination requirements under the election policy for that class of elected members.
A person appointed under subsection (2) or (4) is taken, other than for subsection (2) or (3) (a) , to have been elected at a council election.
s 20A ins 2002 No. 75 s 47
amd 2017 No. 36 s 108
(sec.20A-ssec.1) This section applies if a casual vacancy arises in the office of an elected member.
(sec.20A-ssec.2) If the elected member was elected at a council election, the council must appoint to the office the one person, if any, who— was a candidate for the office in the council election; and was not elected; and received the highest number of votes of all the candidates who were not elected; and is eligible, under this Act, to be a member; and is willing to be, and available to perform the functions of, a member.
(sec.20A-ssec.3) Subsection (4) applies if— the elected member was not elected at a council election; or no-one is eligible for appointment under subsection (2) .
(sec
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