James Cook University Act 1997

The Act defines key concepts through the dictionary in Schedule 2, which is incorporated by reference in s 3. The central concept is the university, established as a body corporate with the functions listed in s 5. The council is the university’s governing body with the functions and powers set out in ss 8-9. Members of the council are divided into four categories: official members (chancellor, vice-chancellor, and chairperson if not vice-chancellor), appointed members (six persons appointed by the Governor in Council), elected members (five persons elected under the election policy: two academic staff, one professional and technical staff, one undergraduate student, one postgraduate student), and additional members (two persons appointed by the council who must not be staff or students). The Act uses the term “member” to refer to any person holding office on the council, and “council election” refers to an election held under the election policy (s 26AA, s 26AB). Casual vacancies in elective positions are filled by a process that prioritises the highest-polling unsuccessful candidate, or a by-election, or for student members, a council appointment (s 20A). “Election policy” is a mandatory policy made by the council about the conduct of elections, which must include provisions for integrity, security, secret ballot, preventing multiple voting, and procedures for nomination, voting, and complaints (s 26AA). The policy may also include eligibility requirements for candidates and voters.

The concept of “protected information” is introduced in s 62E: it means a report given under s 62B (criminal history reports) or a notice given under s 62D (disclosure of disqualification or conviction). The Act restricts disclosure of such information and imposes a penalty of 100 penalty units for unauthorised disclosure. “Regulatory notice” is defined in Schedule 1, s 6: a notice erected or displayed at a vehicular entrance regulating driving, parking, or standing of vehicles, including speed limits, pedestrian crossings, and restricted areas. “University land” is the land on which the university may control traffic and conduct under Schedule 1. The Act also defines “donor’s purpose” and “designated purpose” in the context of trust property (ss 42-44). The “investment common fund” is a collective investment vehicle the university may establish for trust funds or other amounts held by it (s 53). “University purposes” include enabling study or research by students and staff, the advancement of learning, and helping bodies affiliated with the university (s 54(2)). The Act defines “criminal history” for the purposes of police reports under s 62B as the person’s criminal history under the Criminal Law (Rehabilitation of Offenders) Act 1986, other than spent convictions. The transitional divisions introduce terms like “continuing member”, “new”, and “repealed” for provisions affected by the 2026 amendments (s 87-91).

The Act directly affects the university itself as a body corporate, its council as the governing body, and every category of council member: official members (chancellor, vice-chancellor, chairperson), appointed members (six persons appointed by the Governor in Council), elected members (two academic staff, one professional and technical staff, one undergraduate student, one postgraduate student), and additional members (two external persons appointed by the council). It affects the Minister responsible for the Act, who appoints appointed members on the recommendation of the Governor in Council (s 14), may extend the terms of all elected, appointed, and additional members by up to one year if satisfied it is in the best interests of the university (s 26C), may appoint elected members if an election fails (s 21), and may receive disclosures of disqualification or conviction from appointed members (s 62D). The Governor in Council is involved in appointing appointed members (s 14(2)) and makes regulations under s 64.

The Act affects the vice-chancellor, who is the chief executive officer and may delegate powers to staff, appoint authorised persons and security officers (Schedule 1, s 1), and may limit their powers by condition or notice. It affects the chancellor and deputy chancellor, who preside at meetings and have specific roles in receiving resignations and disclosures. The Act affects the commissioner of the police service, who must provide criminal history reports upon request by the Minister or council with the person’s written consent (s 62B). It affects the registrar of titles, who must receive copies of schemes amending trust purposes that affect land (s 45). The Act affects students and staff of the university, who are eligible to be elected members or to vote in council elections (ss 15, 26AC). It also affects persons who are on university land, who must comply with traffic regulatory notices and directions from security officers; failure to do so is an offence (Schedule 1, ss 5-6, 12). The Act affects donors who have given property to the university on trust, as the council may redirect that property to a designated purpose if the original purpose is achieved, obsolete, or impractical (ss 42-47). It affects corporations in which the university may be a member, form, or manage, particularly those with objects related to education, research, commercialisation, and gifts (s 61). The Act also affects the University Union, a separate body corporate whose constitution must be approved by the council (ss 34-38), and the convocation and academic board, which are excluded from certain Corporations Act provisions (s 40B). Finally, it affects any person who is an owner of a vehicle seized for illegal parking or abandonment; they must pay the costs of seizure and may have their vehicle sold at auction if not recovered within two months (Schedule 1, ss 8-10).

The Act imposes a key duty on the council to promote the university’s interests: it must act in the way that appears to it most likely to promote the university’s interests (s 10). Every member has the function of ensuring the council performs its functions and exercises its powers appropriately, effectively and efficiently (s 26A(1)). In performing that function, a member must act honestly and in the best interests of the university, exercise reasonable skill, care and diligence, disclose any conflict between personal interests and the university’s interests, and not make improper use of position or information to gain an advantage (s 26A(2)). Failure to comply with these duties (or with a conduct obligation as defined in s 62E or elsewhere) can lead to removal by the council if at least two-thirds of members are satisfied (s 26B(1)). The same standard applies to the chancellor, vice-chancellor, and chairperson of the academic board (s 40D). In addition, the council has the right to remove the vice-chancellor despite the terms of appointment, though the removal does not affect the vice-chancellor’s right to claim compensation or other entitlements (s 40E).

The university has the right to hold, manage, and dispose of property, including the power to amend the terms of trusts and gifts held on charitable conditions (s 42). The council may set up a scheme to use the property for another purpose if the donor’s purpose is achieved, obsolete, uncertain, impractical, or the property is inadequate (s 42(1)(b)). In selecting the designated purpose, the council must prefer a purpose as nearly similar as practicable to the donor’s purpose and that can practically and conveniently be achieved (s 43). The Act gives the university the right to establish an investment common fund for collective investment, to add and withdraw amounts without liability for breach of trust, and to use income for capital or depreciation provisions (s 53). The university may also form, manage, or be a member of corporations whose objects relate to education, research, commercialisation, and gifts (s 61). It may enter into contracts or arrangements for the use of its facilities and staff services (s 62).

The Act confers on members a right to be free from civil liability for acts done or omissions made honestly and without negligence under the Act; in such cases, liability attaches instead to the university (s 62A). The Act also provides a right to request criminal history reports: the Minister may request a report to decide whether to recommend an appointed member, and the council may request a report to decide eligibility for chancellor, vice-chancellor, chairperson, or elected or additional member, but only with the person’s written consent (s 62B). The Act imposes a duty on the Minister or council to destroy such reports as soon as they are no longer needed (s 62B(6)). The Act also imposes a duty on any person who is a member and who becomes disqualified from managing corporations or is convicted of an indictable offence to immediately disclose that fact to the vice-chancellor, Minister, or chancellor (depending on their position), subject to a penalty of 100 penalty units (s 62D). The recipient of the disclosure must also ensure the notice is destroyed when no longer needed (s 62D(4)). The Act restricts the disclosure of protected information (criminal history reports and disqualification/conviction notices) and imposes a maximum penalty of 100 penalty units for unauthorised disclosure (s 62E). The Act also gives the council the right to extend the terms of office of all elected, appointed, and additional members by up to one year with ministerial approval, and the Minister may also extend those terms by up to one year if satisfied it is in the best interests of the university and necessary for the council to function effectively (s 26C).

The Act creates several offences, all with maximum penalties expressed in penalty units. Under Schedule 1, a person must not be disorderly or create a disturbance on university land; the maximum penalty is 20 penalty units (Schedule 1, s 11). A person must not fail to comply with a direction from a security officer to leave the land (in the circumstances set out in Schedule 1, s 12); the maximum penalty is 10 penalty units (Schedule 1, s 12(3)). A person must not fail to comply with a direction from an authorised person controlling traffic; the maximum penalty is 10 penalty units (Schedule 1, s 5(2)). A person must comply with a regulatory notice regulating driving, parking, or standing of vehicles; the maximum penalty is 10 penalty units (Schedule 1, s 6(2)). A person who ceases to be an authorised person or security officer must return their identity card to the vice-chancellor as soon as practicable; failure to do so without reasonable excuse carries a maximum penalty of 10 penalty units (Schedule 1, s 3(3)-(4)). Under s 62D(2), a member who is disqualified from managing corporations or convicted of an indictable offence must immediately give notice; failure to do so without reasonable excuse carries a maximum penalty of 100 penalty units. Under s 62E(2), a person who possesses protected information (criminal history reports or disclosure notices) must not disclose it unless permitted; maximum penalty 100 penalty units. The Act provides the enforcement mechanisms for these offences through authorised persons and security officers appointed by the vice-chancellor (Schedule 1, s 1). Authorised persons may control traffic and give directions (Schedule 1, s 5). Security officers may direct persons to leave the land if they are contravening the public nuisance provision, are suspected of having just contravened it, pose a safety threat, or are on the land without lawful justification or excuse (Schedule 1, s 12). Security officers have powers to seize, remove, and hold vehicles parked in contravention of a regulatory notice or abandoned, but for illegally parked vehicles only if necessary for traffic safety and the driver cannot be located or is unwilling to remove it immediately (Schedule 1, s 8). The university must notify the owner within 14 days of seizure; if the owner does not recover the vehicle within two months, the university may sell it by public auction after publishing notice (Schedule 1, s 9). Proceeds are applied to expenses, costs of seizure and holding, any registered security interest, and the balance to the owner; compensation is not recoverable against the university (Schedule 1, s 10). The Act also provides for the removal of council members from office: the council may remove an elected, appointed, or additional member if at least two-thirds of members are satisfied the member has not complied with s 26A(2) (the duties of honesty, care, conflict disclosure, and no improper use) or a conduct obligation (s 26B). Similarly, the council may remove the chancellor, vice-chancellor, or chairperson of the academic board if at least two-thirds are satisfied of non-compliance (s 40D). Removal of the vice-chancellor does not affect contractual entitlements to compensation (s 40E). The Act also provides for criminal history reports to be obtained by the Minister or council with consent (s 62B), and for the Minister to appoint elected members if an election fails (s 21).

The Act expressly states that the university is a statutory body under the Financial Accountability Act 2009 (s 50) and a statutory body under the Statutory Bodies Financial Arrangements Act 1982, with part 2B of that Act affecting the university’s powers (s 51). The Land Act 1994 governs the holding and disposal of State land by the university, but the university may only grant an interest in State land by way of lease (s 49(2)). Despite the Land Act 1994, a trustee lease or sublease for land subject to an operational reserve or operational deed of grant in trust may be for up to 100 years (s 49(3)). The Act also provides that the purpose of a reserve or trust granted for “university” or “university and college” is taken to include anything consistent with the university’s functions under s 5 (s 49(4)-(5)). The Corporations Act is expressly referenced in several places: disqualification from managing corporations under part 2D.6 is a ground for ineligibility for council membership and for holding office as chancellor, vice-chancellor, or chairperson (ss 23(1)(a), 40C(1)(a)); vacation of office occurs if a member is disqualified (s 24(1)(h)). The Act declares the convocation and academic board to be excluded matters for the Corporations Act s 5F in relation to parts 5.7 and 5.7B (winding up and recovery of property), and the union is declared an excluded matter in relation to the provisions for which a statutory body under the Statutory Bodies Financial Arrangements Act 1982 is an excluded matter under s 13A of that Act (s 40B). Section 61 provides that the university may be a member of, form, or manage a corporation despite the Corporations Act. The Acts Interpretation Act 1954 s 25(1)(b)(i) or (iii) is preserved as giving the Governor in Council powers to remove appointed members, not limited by the council’s removal power under s 26B (s 26B(4)). The Personal Property Securities Act 2009 (Cth) applies to the proceeds of sale of seized vehicles; a registered security interest is to be paid out of the proceeds before balance to the owner (Schedule 1, s 10(1)(c)). The Criminal Law (Rehabilitation of Offenders) Act 1986 defines “criminal history” for the purposes of s 62B, excluding spent convictions (s 62B(7)). The Act also interacts with the general law of trusts, as part 5 division 1 confers powers on the council to amend the terms of trusts and gifts that are held on charitable conditions, and s 47 expressly states that division does not limit the university’s powers under any other law about property held on trust. The Financial Accountability Act 2009 and Statutory Bodies Financial Arrangements Act 1982 impose financial management and reporting obligations on the university. The Act does not operate in a vacuum; it is the primary constituent Act for James Cook University, but it must be read together with these other Queensland and Commonwealth statutes.

The Act has been amended several times since its enactment. The original Act was passed in 1997. The first amendment was by 1999 No. 81 s 42, which amended s 5 to insert new paragraphs (ea) (disseminate knowledge and promote scholarship) and (eb) (provide facilities and resources for wellbeing of staff and students). In 2001, No. 45 s 29 schedule 3 inserted the original s 40A (now s 40B) dealing with excluded matters for Corporations legislation and also amended s 61. The most significant set of amendments came with the University Legislation Amendment Act 2005 (No. 18), which restructured the council composition, replaced the previous system of members with the current categories, introduced the concept of additional members, inserted ss 26A, 26B, 26C, 40A (now s 40AA), 40C-40F, 62A-62C, and made extensive changes to ss 11-21, 23-26, and others. It also inserted transitional provisions in part 8 division 2. In 2009, No. 40 amended s 40A (now s 40AA) and other sections, and No. 9 schedule 1 amended s 50 to update the reference to the Financial Accountability Act 2009. In 2011, No. 39 s 34 amended s 49. The University Legislation Amendment Act 2017 (No. 36) made substantial changes: it inserted a new part 2 division 3A with ss 22A-22Q (which were later repealed in 2026), introduced the concept of membership resolutions, overhauled election provisions with new ss 26AA-26AC, repealed ss 57-60 (university statutes), and inserted part 8 division 3 with transitional provisions for those changes. In 2024, No. 12 s 131 schedule 1 amended s 49(7) to update the definitions of “operational deed of grant in trust” and “operational reserve”. The most recent set of amendments was by the Electrical Safety and Other Legislation Amendment Act 2026 (No. 6), which repealed the entire part 2 division 3A (ss 22A-22Q), amended ss 12, 14, 15, 16, 17, 19, 20, 20A, 21, 24, 26AA, 26AB, 26AC, 26C, 62B, and inserted new transitional provisions in part 8 division 4 (ss 87-91) to deal with the removal of the former complex membership structure and the simplification of council composition back to the current model of official, appointed, elected, and additional members. The Act originally had a commencement by proclamation (s 2), but subsequent amendments commenced at various dates. The Act’s amendment history shows a shift from a larger, more complex council with multiple categories of appointed and elected members to the current streamlined structure, and the removal of the former statutory office of the chairperson as an appointed member (those provisions were omitted in 2017 and 2026).

The Act as provided in the source does not reference any specific court decisions or litigation. The text contains no case names, no references to judicial interpretation, and no schedule of litigation history. The Act sets out the legal framework for the university’s governance, but the source material does not include any annotations, case notes, or precedents. Accordingly, a litigation history cannot be derived from the Act itself. It is possible that the Act has been considered in Queensland Supreme Court or other tribunals, but the source does not provide that information. The only reference to legal proceedings is the general provision that the university may sue and be sued in its corporate name (s 4(2)). The Act also includes a protection from civil liability for members acting honestly and without negligence, with liability then attaching to the university (s 62A), which could have implications if litigation arises. The powers of the council to amend trusts under ss 42-47 might also be subject to legal challenge, but the Act specifically provides that a scheme is not invalid merely because another designated purpose may have been more properly selected (s 43(2)). The traffic and conduct provisions in Schedule 1 create offences that could be prosecuted in a magistrates court, but no cases are mentioned. The Act’s interaction with the Corporations Act (disqualification provisions) could potentially lead to litigation regarding eligibility of members, but again, the source is silent. Therefore, the only accurate statement is that the Act itself does not disclose any litigation history.

Several provisions in the Act contain traps for the unwary. The most significant is the 12-year cumulative term limit for elected, appointed, and additional members in s 23(2). A person is not eligible to be elected or appointed if the election or appointment would result in them being a member for more than 12 years, whether continuously or not. However, this limit can be overridden by a majority of members agreeing (s 23(3)). This is a condition that must be actively managed by the council. Another trap is the mandatory vacation of office under s 24 for missing three consecutive council meetings without leave (s 24(1)(d)). A member who simply fails to attend three meetings risks automatic vacation of office. The Act also requires that an elected member cease to meet nomination requirements under the election policy or cease to be an eligible person for the class, which will cause the office to become vacant (s 24(1)(b)). For example, a student who ceases to be a postgraduate student immediately vacates office. Similarly, an additional member who becomes a member of staff or a student vacates office (s 24(1)(c)). The Act imposes a positive duty to disclose disqualification from managing corporations or conviction of an indictable offence immediately, and failure to do so carries a maximum penalty of 100 penalty units (s 62D). This is a criminal penalty, not just a governance matter. The disclosure must include specific information: the existence of the disqualification or conviction, when it took effect, details to identify the grounds, and the sentence imposed (s 62D(3)). The Act also restricts the disclosure of that information (s 62E), so recipients must be careful not to share it except as permitted. The protection from civil liability in s 62A applies only to acts done or omissions made honestly and without negligence; it does not cover reckless or deliberate wrongdoing. Another gotcha is the power of the council to amend the terms of a trust or gift under ss 42-47. The council may change the purpose of donated property if the original purpose is achieved, obsolete, uncertain, or impractical. This is a broad power, but the council must prefer a purpose as nearly similar as practicable to the donor’s purpose and that can practically and conveniently be achieved (s 43). However, the scheme is not invalid merely because a more suitable purpose could have been chosen (s 43(2)). This gives the council significant discretion, but donors and beneficiaries should be aware that their original intent may be modified. The Act also has a trap for those dealing with State land: the university may only grant an interest in State land by way of lease (s 49(2)), so it cannot sell or otherwise dispose of the land. However, a trustee lease or sublease for land subject to an operational reserve may be for up to 100 years, which is a long-term arrangement. Another practical trap is the traffic offence provisions in Schedule 1. A person on university land must comply with regulatory notices and directions from authorised persons and security officers. Ignorance of a regulatory notice is not a defence, as the notice need only state the limits of the area and may state the penalty (Schedule 1, s 6(3)). The university must erect information notices at vehicular entrances if the regulatory notice does not itself state that contravention is an offence, but a person cannot rely on the absence of such an information notice as an excuse (s 7). Vehicles illegally parked can be seized, removed, and sold after two months, and the owner must pay the costs (ss 8-10). The Act also gives security officers power to direct persons to leave the land if they reasonably believe the person is on the land without lawful justification or excuse (Schedule 1, s 12(1)(f), (2)). This is a broad power; a person who is trespassing or causing disturbance can be ejected and prosecuted if they fail to comply. Finally, the Minister has the power to extend the terms of office of all elected, appointed, and additional members by up to one year if satisfied it is in the best interests of the university and necessary for the council to function effectively (s 26C). This can override the fixed terms in ss 18-20, and the Minister cannot extend again for the same group (s 26C(4)). The council must be aware that such an extension can be granted only once.

For practical compliance, the council must ensure it makes an election policy under s 26AA, publish it on the university’s website, and conduct all council elections in accordance with that policy. The election policy must include provisions for integrity and security of the voting system, ensuring only eligible voters can vote, preventing multiple voting, secret ballot, no improper influence, procedures for voting and issuing ballots, and processes for notifying election periods, nominations, publishing results, and resolving complaints (s 26AA(2)). The council must also comply with the requirement to adopt an annual budget for the next year (s 55(1)), control spending as nearly as possible within the budget (s 55(3)), and undertake an annual review of bequests, donations, and special grants (s 55(4)). Financial compliance with the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 is mandatory (ss 50-51). For trust property, the council may consider whether any donor’s purpose has become obsolete or impractical; if so, it may set up a scheme to redirect the property to a similar purpose, but must do so in writing and give copies to anyone who asks (ss 42-45). The council must ensure that the designated purpose is as nearly similar as practicable to the donor’s purpose and can practically and conveniently be achieved (s 43). For state land, the university must only grant interests by lease and must comply with the Land Act 1994 (s 49). Members of the council must be vigilant about their duties under s 26A: they must act honestly and in the best interests of the university, exercise reasonable skill, care, and diligence, disclose conflicts of interest, and not make improper use of their position or information. The council should maintain a register of conflicts and ensure that members are aware of their disclosure obligations. For new members, the council and Minister must check eligibility, including any potential disqualification under the Corporations Act or indictable offence convictions. The 12-year cumulative term limit must be tracked for each elected, appointed, and additional member, and a resolution of the majority of members is required if an exception is sought (s 23(2)-(3)). The council must also ensure that any person who becomes disqualified or convicted discloses this immediately under s 62D, and that the resulting notice is handled confidentially and destroyed when no longer needed (ss 62D, 62E). For police checks, the council and Minister must obtain written consent before requesting a criminal history report from the police commissioner, and must destroy the report as soon as it is no longer needed (s 62B). The university must also ensure that security officers and authorised persons are properly appointed in writing, issued identity cards, and that their powers are limited if necessary by conditions or notices (Schedule 1, ss 1-3). Those officers must produce their identity cards when exercising powers (Schedule 1, s 4). For traffic control, regulatory notices must be erected at vehicular entrances, must state the limits of the area, and may state the penalty; if they do not state the penalty, information notices must be erected at entrances (Schedule 1, ss 6-7). The university must maintain a process for seizing, holding, notifying owners, and selling abandoned or illegally parked vehicles, including applying proceeds correctly (Schedule 1, ss 8-10). Finally, the council must ensure that any delegation of its powers complies with s 11: it may delegate to an appropriately qualified member of council, a committee that includes at least one council member, or an appropriately qualified staff member, but the delegation cannot include the power to make an election policy or adopt the annual budget (s 11(2)). Subdelegation by the vice-chancellor is permitted only if the original delegation from the council allows it (s 11(3)). The council should maintain a register of delegations and review compliance periodically.