4 Transfer of assets and liabilities of the Hawthorn Company 2
5 Gifts, trusts etc. 4
6 Staff of the Hawthorn Company 5
7 Indemnity of former members of Council of the Hawthorn Company 6
8 Certain land used by the Hawthorn Company to vest in The University of Melbourne 6
9 Amendment of Register etc 6
10 Rules of the Hawthorn Company 6
11 Powers of the Hawthorn Company 7
Part 3—Swinburne University of Technology 8
12 Definitions 8
13 Constitution of the Council 8
14 Vacation of office by members of Parliament 10
15 Transitional provisions for Council 10
16 New section 30C inserted 11
17 Board of Technical and Further Education 12
18 Board of Technical Studies 13
19 Section 48 substituted 13
Part 4—Royal Melbourne Institute of Technology 14
20 Post-graduate student 14
21 Vacation of office by members of Parliament 14
22 Section 43 substituted 14
Part 5—University of Ballarat 16
23 Post-graduate student 16
24 Vacation of office by members of Parliament 16
25 Section 41 substituted 16
Part 6—LaTrobe University 18
26 Post-graduate student 18
27 Section 42 substituted 18
Part 7—Deakin University 20
28 Post-graduate student 20
29 Section 38 substituted 20
Part 8—Monash University 22
30 Section 42 substituted 22
Part 9—Melbourne University 23
31 Governor 23
32 Section 47 substituted 23
Part 10—Victoria University of Technology 24
33 Post-graduate student 24
34 Section 46 substituted 24
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Endnotes 25
1 General information 25
2 Table of Amendments 27
Section 1 - University Acts (Amendment) Act 1996 - University Acts (Amendment) Act 1996 | Zoe
3 Explanatory details 28
Version No.001
University Acts (Amendment) Act 1996
No. 57 of 1996
Version incorporating amendments as at
1 May 2023
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1 Purpose
The main purposes of this Act are to—
(a) merge part of the Hawthorn Institute of Education into The University of Melbourne;
(b) make further provision for the Governor to act as Visitor of certain universities;
(c) make miscellaneous amendments to the Acts establishing the universities.
2 Commencement
(1) This Act, except Parts 2 and 3, comes into operation on the day on which it receives the Royal Assent.
(2) Parts 2 and 3 come into operation on 1 January 1997.
Part 2—Hawthorn Institute of Education
3 Definition
In this Part—
Hawthorn Company means the Hawthorn Institute of Education Limited A.C.N. 050 133 634.
4 Transfer of assets and liabilities of the Hawthorn Company
Subject to this Act, on and from 1 January 1997—
(a) The University of Melbourne is the successor in law of the Hawthorn Company; and
(b) the assets and rights of the Hawthorn Company vest in The University of Melbourne; and
(c) the liabilities and obligations of the Hawthorn Company become liabilities or obligations of The University of Melbourne; and
(d) any scholarship, prize or bursary of a continuing nature administered by the Hawthorn Company and existing immediately before 1 January 1997 shall be administered by The University of Melbourne, but otherwise in accordance with the terms and conditions to which it was subject immediately before that date; and
(e) all contracts, deeds, bonds, agreements, arrangements, guarantees and other instruments (except contracts, agreements or arrangements relating to the members of staff of the Hawthorn Company referred to in section 6) made or entered into by, on behalf of, or in relation to the Hawthorn Company and in force immediately before 1 January 1997 have effect as if made or entered into by, on behalf of, or in relation to, The University of Melbourne; and
(f) all actions, claims, arbitrations, applications and other proceedings (including proceedings on appeal or review) pending or existing immediately before 1 January 1997 by, against, or in relation to the Hawthorn Company have effect as if they were proceedings by, against, or in relation to The University of Melbourne, and may be continued and completed accordingly; and
(g) any permit, licence or authority issued or granted to the Hawthorn Company by or under any Act continues to operate, despite anything in this Act, in favour of The University of Melbourne in the same way and to the same extent as it operated in favour of the Hawthorn Company; and
(h) unless the contrary intention appears, a reference to the Hawthorn Company is deemed to be a reference to The University of Melbourne if the reference—
(i) is in an Act, other than this Act, a subordinate instrument within the meaning of the Interpretation of Legislation Act 1984, a judgment or order of any other document whatever; and
(ii) is in relation to a period occurring on or after 1 January 1997; and
(i) all records and documents of the Hawthorn Company become the property of The University of Melbourne.
5 Gifts, trusts etc.
If—
(a) before or after 1 January 1997—
(i) a gift, disposition or trust of property is made or declared or is deemed to have been made or declared; or
(ii) a trust fund is created—
(whether by deed, will or otherwise) to, in favour of, for the use of, or for the purposes of, the Hawthorn Company; and
(b) the gift, disposition, trust or trust fund takes effect, or may take effect, or the trust fund may be applied, on or after that date—
the gift, disposition, trust or trust fund does not fail only because of the provisions of this Act, but, in relation to any other matter occurring on or after that date—
(c) in the case of a gift, disposition or trust of property, takes effect as if made or declared to or in favour of The University of Melbourne or a company referred to in section 40A of the Melbourne University Act 1958 for a purpose of The University of Melbourne or such a company that corresponds with, or is similar to, those purposes of the Hawthorn Company for which it was made or declared; or
S. 5(d) amended by No. 74/2000 s. 3(Sch. 1 item 134).
(d) in the case of a trust fund, may be applied as if created in favour of The University of Melbourne or a company referred to in section 40A of the Melbourne University Act 1958 for a purpose of The University of Melbourne or such a company that corresponds with, or is similar to, those purposes of the Hawthorn Company for which the fund was created.
6 Staff of the Hawthorn Company
(1) On 1 January 1997, a person who, immediately before that date, was a member of the staff employed by the Hawthorn Company becomes a member of the staff of The University of Melbourne.
(2) A person who becomes a member of the staff of The University of Melbourne under subsection (1)—
(a) is a member of the staff of The University of Melbourne with remuneration no less than the person was receiving or was entitled to receive as a member of the staff of the Hawthorn Company immediately before 1 January 1997 and on terms and conditions no less favourable than those applying to that person immediately before that date; and
(b) continues to have the benefit of all entitlements (including all entitlements arising from recognition of prior service with other bodies) accrued in respect of the person's appointment at the Hawthorn Company before 1 January 1997—
subject to any written notice, agreement or arrangement relating to the employment of that person given or made by or on behalf of the Hawthorn Company that was in force immediately before 1 January 1997.
(3) A person transferred under subsection (1) who, immediately before the transfer, was an officer within the meaning of the State Superannuation Act 1988, continues, subject to that Act, to be an officer within the meaning of that Act, while he or she continues as a member of staff of The University of Melbourne.
7 Indemnity of former members of Council of the Hawthorn Company
A person who, immediately before 1 January 1997 was a director of the Hawthorn Company is entitled to be indemnified by The University of Melbourne in respect of any personal liability arising out of the bona fide execution of the duties, powers, authorities and discretions conferred or imposed on the person as a director to the same extent and in the same circumstances as if the person were a member of the Council or a Committee referred to in section 21 of the Melbourne University Act 1958 before that date.
8 Certain land used by the Hawthorn Company to vest in The University of Melbourne
On 1 January 1997, the land described in Certificate of Title volume 8082 folio 006 vests in fee simple (together with any appurtenant rights) in The University of Melbourne, subject to the conditions, covenants, encumbrances, limitations, exceptions, reservations and restrictions to which the land was subject immediately before its vesting under this section.
9 Amendment of Register etc
The Registrar of Titles, on being requested to do so and on delivery of any relevant certificate of title or instrument, must make any amendments in the Register under the Transfer of Land Act 1958 that are necessary because of the operation of this Act.
10 Rules of the Hawthorn Company
(1) The rules of the Hawthorn Company in force immediately before 1 January 1997, to the extent to which they could be made as regulations by The University of Melbourne and are not inconsistent with any rules so made, continue to have effect—
(a) as if made as regulations under a Statute of The University of Melbourne; and
(b) as if any reference to the Hawthorn Company were a reference to The University of Melbourne.
(2) Rules continued in force under subsection (1) may be amended or revoked as if they were regulations made under a Statute by The University of Melbourne.
11 Powers of the Hawthorn Company
Despite anything to the contrary in the constitution of the Hawthorn Company, the Hawthorn Company is deemed to have, and always to have had, power to do all things it is authorised or empowered to do under and for the purposes of this Act or necessary or expedient to be done for the purposes of the merger with The University of Melbourne in accordance with this Part.
Part 3—Swinburne University of Technology
12 Definitions
No. 44/1992.
In section 3 of the Swinburne University of Technology Act 1992—
(a) for the definition of Outer Eastern region of Melbournesubstitute '"Outer Eastern region of Melbourne" means the municipal districts of Knox, Maroondah and Yarra Ranges;';
(b) for the definition of post-graduate studentsubstitute—
'"post-graduate student" means a student enrolled as a candidate for a graduate diploma, degree of Master or Doctor or any other post-graduate course for admission to which completion of a degree is normally required;'.
13 Constitution of the Council
(1) For section 7(2) of the Swinburne University of Technology Act 1992substitute—
"(2) The Council shall consist of—
(a) the Chancellor;
(b) the Vice-Chancellor;
(c) the Chairperson of the Academic Board;
(d) the Chairperson of the Board of Technical Studies;
(e) 3 persons elected of whom—
(i) one shall be elected by and from staff enrolled as staff of the University teaching in or managing academic programs or courses of study or higher education or conducting research;
(ii) one shall be elected by and from staff enrolled as staff of the University teaching or managing technical and further education programs;
(iii) one shall be elected by and from staff enrolled as general staff of the University;
(f) 2 persons elected of whom—
(i) one shall be elected by and from students enrolled in academic programs or courses of study in higher education;
(ii) one shall be elected by and from students enrolled in technical and further education programs;
(g) 3 persons appointed by the Governor in Council who are members of the Parliament of Victoria recommended for appointment by a joint sitting of the members of the Legislative Council and the Legislative Assembly conducted in accordance with rules adopted for the purpose by the members present at the sitting;
(h) 4 persons appointed by the Governor in Council;
(i) one person appointed by the Minister;
(j) 5 persons appointed by the Council.".
(2) For section 7(3) of the Swinburne University of Technology Act 1992—
"(3) One of the members appointed under sub‑section (2)(j) must be a person who resides in the Outer Eastern region of Melbourne".
14 Vacation of office by members of Parliament
After section 10(2) of the Swinburne University of Technology Act 1992insert—
"(3) If a member of the Parliament appointed under section 7(2)(g) ceases to be a member of the Parliament of Victoria and is not re‑elected as such member at the next election, his or her office as a member of the Council becomes vacant.".
15 Transitional provisions for Council
(1) All members of the Council of Swinburne University of Technology holding office on 31 December 1996 go out of office on that date but are eligible for re-election or re-appointment as members of the Council or to be members of the Council.
(2) Subsection (1) does not apply to a member of the Council holding office under section 7(2)(a), (b) or (g) of the Swinburne University of Technology Act 1992 on 31 December 1996.
(3) Section 7(2)(e) of the Swinburne University of Technology Act 1992 does not apply to the election of a person to the Council until 31 December 1998.
(4) Until section 7(2)(e) applies, the Council includes 3 persons appointed by the Governor in Council who, immediately before 31 December 1996, were members of the staff of Swinburne University of Technology.
(5) Section 7(2)(f) of the Swinburne University of Technology Act 1992 does not apply to the election of a person to the Council until 31 December 1997.
(6) Until section 7(2)(f) applies, the Council includes 2 persons appointed by the Governor in Council who, on 31 December 1996 were enrolled students of Swinburne University of Technology.
(7) Section 7(2)(j) of the Swinburne University of Technology Act 1992 does not apply to the appointment of a person to the Council until 31 December 1999.
(8) Until section 7(2)(j) applies, the Council includes 5 persons appointed by the Governor in Council for the purposes of that paragraph.
(9) Section 14 applies to the filling of casual vacancies arising before section 7(2)(e), (f) or (j) of the Swinburne University of Technology Act 1992, as the case requires, applies.
(10) Despite section 8 of the Swinburne University of Technology Act 1992, a member of the Council appointed under this section may be appointed for a term that is less than 3 years but not less than one year.
16 New section 30C inserted
After section 30B of the Swinburne University of Technology Act 1992insert—
"30C. Advisory Boards
(1) The Council may establish—
(a) a Board of Higher Education; and
(b) a Board of Swinburne at Lilydale; and
(c) and any other Boards prescribed by the Statutes—
as part of the Higher Education Division for providing advice to the Council and the Vice-Chancellor about any matters relating to—
(d) the administration and development of the Division; and
(e) the provision of academic programs and courses of study in higher education—
that are referred to the Board by the Council or the Vice-Chancellor for advice or that are prescribed by the Statutes.
(2) A Board shall be constituted as prescribed by the Statutes.
(3) A Board may regulate its own proceedings, subject to any Statutes and regulations.".
17 Board of Technical and Further Education
In section 34 of the Swinburne University of Technology Act 1992—
(a) omit "(1)";
(b) for paragraph (a) substitute—
"(a) may discuss, and advise the Council or the Vice-Chancellor about the development of the Technical and Further Education Division, the provision of effective, efficient and responsive technical and further education programs and services in the geographical area served by the Division, the development of strategic and business plans, capital management plans and performance agreements for the Division and any other matters which are relevant to the provision of technical and further education programs and services;";
(c) in paragraph (b) after "Council" (where twice occurring) insert "or the Vice‑Chancellor".
18 Board of Technical Studies
In section 35(1)(b) of the Swinburne University of Technology Act 1992 after "advice to" insert "the Council and".
19 Section 48 substituted
For section 48 of the Swinburne University of Technology Act 1992substitute—
"48. Visitor
(1) The person who holds the office of Governor of the State is the Visitor of the University and as Visitor has power to do anything necessary to carry out the duties and functions of the Visitor.
(2) The Visitor may authorise a person to act as Visitor in his or her place—
(a) in relation to any particular matter concerning the affairs of the University; or
(b) during any period when the Visitor is absent or unable to act.
(3) The person who is authorised to act as Visitor under sub-section (2) has all the powers, duties and functions of the Visitor to the extent, or for the period of, the authorisation under that sub-section.".
Part 4—Royal Melbourne Institute of Technology
20 Post-graduate student
No. 45/1992.
In section 3 of the Royal Melbourne Institute of Technology Act 1992 for the definition of post‑graduate studentsubstitute—
'"post-graduate student" means a student enrolled as a candidate for a graduate diploma, degree of Master or Doctor or any other post‑graduate course for admission to which completion of a degree is normally required;'.
21 Vacation of office by members of Parliament
After section 10(2) of the Royal Melbourne Institute of Technology Act 1992insert—
"(3) If a member of the Parliament appointed under section 7(2)(h) ceases to be a member of the Parliament of Victoria and is not re‑elected as such member at the next election, his or her office as a member of the Council becomes vacant.".
22 Section 43 substituted
For section 43 of the Royal Melbourne Institute of Technology Act 1992—
"43. Visitor
(1) The person who holds the office of Governor of the State is the Visitor of the University and as Visitor has power to do anything necessary to carry out the duties and functions of the Visitor.
(2) The Visitor may authorise a person to act as Visitor in his or her place—
(a) in relation to any particular matter concerning the affairs of the University; or
(b) during any period when the Visitor is absent or unable to act.
(3) The person who is authorised to act as Visitor under sub-section (2) has all the powers, duties and functions of the Visitor to the extent, or for the period of, the authorisation under that sub-section.".
Part 5—University of Ballarat
23 Post-graduate student
No. 107/1993.
In section 3 of the University of Ballarat Act 1993 for the definition of post-graduate studentsubstitute—
'"post-graduate student" means a student enrolled as a candidate for a graduate diploma, degree of Master or Doctor or any other post‑graduate course for admission to which completion of a degree is normally required;'.
24 Vacation of office by members of Parliament
After section 10(2) of the University of Ballarat Act 1993insert—
"(3) If a member of the Parliament appointed under section 7(2)(g) ceases to be a member of the Parliament of Victoria and is not re‑elected as such member at the next election, his or her office as a member of the Council becomes vacant.".
25 Section 41 substituted
For section 41 of the University of Ballarat Act 1993substitute—
"41. Visitor
(1) The person who holds the office of Governor of the State is the Visitor of the University and as Visitor has power to do anything necessary to carry out the duties and functions of the Visitor.
(2) The Visitor may authorise a person to act as Visitor in his or her place—
(a) in relation to any particular matter concerning the affairs of the University; or
(b) during any period when the Visitor is absent or unable to act.
(3) The person who is authorised to act as Visitor under sub-section (2) has all the powers, duties and functions of the Visitor to the extent, or for the period of, the authorisation under that sub-section.".
Part 6—LaTrobe University
26 Post-graduate student
No. 7189.
In section 2(1) of the LaTrobe University Act 1964 for the definition of post-graduate studentsubstitute—
'"post-graduate student" means a student enrolled as a candidate for a graduate diploma, degree of Master or Doctor or any other post‑graduate course for admission to which completion of a degree is normally required;'.
27 Section 42 substituted
For section 42 of the LaTrobe University Act 1964substitute—
"42. Visitor
(1) The person who holds the office of Governor of the State is the Visitor of the University and as Visitor has power to do anything necessary to carry out the duties and functions of the Visitor.
(2) The Visitor may authorise a person to act as Visitor in his or her place—
(a) in relation to any particular matter concerning the affairs of the University; or
(b) during any period when the Visitor is absent or unable to act.
(3) The person who is authorised to act as Visitor under sub-section (2) has all the powers, duties and functions of the Visitor to the extent, or for the period of, the authorisation under that sub-section.".
Part 7—Deakin University
S. 28 amended by No. 70/1997 s. 78.
28 Post-graduate student
No. 8610.
In section 2 of the Deakin University Act 1974 for the definition of Post-graduate studentsubstitute—
'"post-graduate student" means a student enrolled as a candidate for a graduate diploma, degree of Master or Doctor or any other post‑graduate course for admission to which completion of a degree is normally required;'.
S. 29 amended by No. 70/1997 s. 78.
29 Section 38 substituted
For section 38 of the Deakin University Act 1974substitute—
"38. Visitor
(1) The person who holds the office of Governor of the State is the Visitor of the University and as Visitor has power to do anything necessary to carry out the duties and functions of the Visitor.
(2) The Visitor may authorise a person to act as Visitor in his or her place—
(a) in relation to any particular matter concerning the affairs of the University; or
(b) during any period when the Visitor is absent or unable to act.
(3) The person who is authorised to act as Visitor under sub-section (2) has all the powers, duties and functions of the Visitor to the extent, or for the period of, the authorisation under that sub-section.".
Part 8—Monash University
30 Section 42 substituted
No. 6184.
For section 42 of the Monash University Act 1958substitute—
"42. Visitor
(1) The person who holds the office of Governor of the State is the Visitor of the University and as Visitor has power to do anything necessary to carry out the duties and functions of the Visitor.
(2) The Visitor may authorise a person to act as Visitor in his or her place—
(a) in relation to any particular matter concerning the affairs of the University; or
(b) during any period when the Visitor is absent or unable to act.
(3) The person who is authorised to act as Visitor under sub-section (2) has all the powers, duties and functions of the Visitor to the extent, or for the period of, the authorisation under that sub-section.".
Part 9—Melbourne University
31 Governor
No. 6405.
In section 3(1) of the Melbourne University Act 1958omit the definition of Governor.
32 Section 47 substituted
For section 47 of the Melbourne University Act 1958substitute—
"47. Visitor
(1) The person who holds the office of Governor of the State is the Visitor of the University and as Visitor has power to do anything necessary to carry out the duties and functions of the Visitor.
(2) The Visitor may authorise a person to act as Visitor in his or her place—
(a) in relation to any particular matter concerning the affairs of the University; or
(b) during any period when the Visitor is absent or unable to act.
(3) The person who is authorised to act as Visitor under sub-section (2) has all the powers, duties and functions of the Visitor to the extent, or for the period of, the authorisation under that sub-section.".
Part 10—Victoria University of Technology
33 Post-graduate student
No. 21/1990.
In section 3 of the Victoria University of Technology Act 1990 for the definition of Post‑graduate studentsubstitute—
'"post-graduate student" means a student enrolled as a candidate for a graduate diploma, degree of Master or Doctor or any other post‑graduate course for admission to which completion of a degree is normally required;'.
34 Section 46 substituted
For section 46 of the Victoria University of Technology Act 1990substitute—
"46. Visitor
(1) The person who holds the office of Governor of the State is the Visitor of the University and as Visitor has power to do anything necessary to carry out the duties and functions of the Visitor.
(2) The Visitor may authorise a person to act as Visitor in his or her place—
(a) in relation to any particular matter concerning the affairs of the University; or
(b) during any period when the Visitor is absent or unable to act.
(3) The person who is authorised to act as Visitor under sub-section (2) has all the powers, duties and functions of the Visitor to the extent, or for the period of, the authorisation under that sub-section.".
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 10 October 1996
Legislative Council: 30 October 1996
The long title for the Bill for this Act was "to merge part of the Hawthorn Institute of Education into The University of Melbourne, to amend the Acts establishing universities to make further provision for the Governor to act as Visitor of those universities and to make miscellaneous amendments to those Acts and for other purposes."
The University Acts (Amendment) Act 1996 was assented to on 10 December 1996 and came into operation as follows:
Sections 1, 2, 20–34 on 10 December 1996: section 2(1); sections 3–19 on 1 January 1997: section 2(2).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the University Acts (Amendment) Act 1996 by Acts and subordinate instruments.