retrieval-0002Document excerpt 2

The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the University of Adelaide Act 1971. 3—Interpretation In this Act, unless the contrary intention appears— Academic Board means— (a) the board established by the Council under that title; or (b) if another body is prescribed by the statutes of the University for the purposes of this definition—that other body; the academic staff means the officers or employees of the University classified by the Council as members of the academic staff; the Council means the Council of the University; the general staff means the officers or employees of the University classified by the Council as members of the general staff; graduate means a person on whom the University has conferred an academic award, including an honorary award and an award conferred jointly with another body under section 6; Graduate Association means the graduate association prescribed by the statutes or rules of the University for the purposes of this definition; logo means a design (the copyright of which is vested in the University) declared under this Act to be a logo; official insignia means a logo, an official symbol or an official title; official symbol means a combination of a logo and an official title; official title means a name or title declared under this Act to be an official title; postgraduate student means a student enrolled at the University in an academic program designated by the statutes or rules to be a postgraduate program; staff member means a member of the academic staff or a member of the general staff; student means an undergraduate student or a postgraduate student; undergraduate student means a student enrolled at the University in an academic program designated by the statutes or rules to be an undergraduate program; the University means The University of Adelaide; University grounds means all land owned or occupied by the University or of which the University has the care, control and management. 4—Continuance and powers of University (1) The University of Adelaide continues in existence. (2) The University consists of the Council, members of the academic staff, members of the general staff, graduates and students. (3) Subject to subsection (5), the University is a body corporate invested with full juristic capacity and unfettered discretion, subject to the laws of this State, to conduct its affairs in the manner it thinks fit. (4) The University may exercise its powers within or outside the State (including outside Australia). (5) The University must not alienate (except by way of lease for a term not exceeding 21 years), mortgage or charge land vested in or conveyed to the University under— (a) section 16 of The Adelaide University Act 1874; (b) the University Site Act 1876; (c) the University Land Act 1929; (d) section 6 of the Statutes Amendment and Repeal (Merger of Tertiary Institutions) Act 1990 to the extent that it applies to land vested in the Roseworthy Agricultural College under the Roseworthy Agriculture College Act 1973; (e) section 26 of the Statutes Amendment and Repeal (Merger of Tertiary Institutions) Act 1990; (f) the Waite Trust, except with, and in accordance with any terms or conditions of, an approval given by the Governor. (6) The University is not an instrumentality or agency of the Crown. (7) To avoid doubt, subsection (5) does not confer any power to alienate land contrary to the terms of a trust relating to the land. 4A—Object of University The object of the University is the advancement of learning and knowledge, including the provision of university education. 5A—Declaration of logo and official titles (1) The Minister may, by notice in the Gazette, declare a design to be a logo in respect of the University. (2) The University of Adelaide and Adelaide University are official titles. 5B—Protection of proprietary interests of University (1) The University has a proprietary interest in all official insignia. (2) A person must not, without the consent of the University, in the course of a trade or business— (a) use a name in which the University has a proprietary interest under this section for the purpose of promoting the sale of services or the provision of any benefits; or (b) sell goods marked with official insignia; or (c) use official insignia for the purpose of promoting the sale of goods or services. Maximum penalty: $20 000. (3) A person must not, without the consent of the University, assume a name or description that consists of, or includes, official insignia. Maximum penalty: $20 000. (4) A consent under this section— (a) may be given with or without conditions (including conditions requiring payment to the University); and (b) must be given in writing addressed to the applicant for the consent; and (c) may be revoked by the University for a breach of a condition by notice in writing given personally or by post to a person who has the benefit of the consent. (5) The Supreme Court may, on the application of the University, grant an injunction to restrain a breach of this section. (6) The court by which a person is convicted of an offence against this section may, on the application of the University, order the convicted person to pay compensation of an amount fixed by the court to the University. (7) Subsections (5) and (6) do not derogate from any civil remedy that may be available to the University apart from those subsections. 6—Power to confer awards (1) The University has power to confer upon any persons after examination and in accordance with the statutes and rules of the University such degrees, diplomas or other awards as the University may have constituted. (1a) The power of the University to confer academic awards under subsection (1) includes the power to confer academic awards jointly with— (a) another university; or (b) a registered training organisation; or (c) another body specified in regulations made under subsection (4). (2) The University has power, in accordance with the statutes and rules of the University, to confer without examination a degree upon a person who has been admitted to a degree at another University or has obtained some other qualification at an institution of higher learning that is, in the opinion of the University, of equivalent or higher status. (2a) The University has power, in accordance with the statutes and rules of the University, to confer an honorary award on a person who the University thinks merits special recognition by the University. (3) The University has power to permit a graduate of the University, for reasons deemed adequate by the University, to surrender a degree, diploma or other award previously conferred upon him or her by the University. (4) The Governor may, on the recommendation of the Council, make regulations for the following purposes: (a) specifying a body for the purposes of subsection (1a); (b) excluding a registered training organisation from the ambit of the definition of registered training organisation. (5) In this section— registered training organisation has the same meaning as in the South Australian Skills Act 2008 but does not include a training organisation excluded from the ambit of this definition by regulations made under subsection (4). 7—Chancellor and Deputy Chancellors (1) The Council must, whenever a vacancy occurs in the office of Chancellor, appoint a suitable person to be the Chancellor. (2) The Chancellor will be appointed for a term of 2 years on terms and conditions fixed by the Council and is, on the expiration of a term of office, eligible for reappointment. (3) An employee or student of the University is not eligible for appointment to the office of Chancellor. (5) The Council must elect from its own members (not being members of the Council ex officio, staff members and students of the University) a Deputy Chancellor who will hold office for a term of 2 years on conditions fixed by the Council, but a Deputy Chancellor ceases to hold that office on ceasing for any reason to be a member of the Council. 8—Vice-Chancellor (1) The Council must, whenever a vacancy occurs in the office of Vice-Chancellor, appoint a suitable person to be Vice-Chancellor. (2) The Vice-Chancellor is the principal academic and chief executive officer of the University and is responsible to the Council for the academic standards, management and administration of the University. (3) Subject to subsection (4), the Vice-Chancellor holds office for such term and upon such conditions as are fixed by the statutes of the University and such other conditions as may be fixed by the Council and is, upon the expiration of a term of office, eligible for re-appointment. (4) No reduction in the salary, and no alteration of the conditions of appointment, of a Vice-Chancellor may be made during his or her term of office unless the Vice-Chancellor consents to it. 9—Council to be governing body of University (1) The Council is the governing body of the University and has the following as its primary responsibilities: (a) appointing the Vice-Chancellor as the chief executive officer of the University, and monitoring his or her performance; (b) approving the mission and strategic direction of the University, as well as the annual budget and business plan; (c) overseeing and reviewing the management of the University and its performance; (d) establishing policy and procedural principles, consistent with legal requirements and community expectations; (e) approving and monitoring systems of control and accountability, including general overview of any entities controlled by the University (within the meaning of section 50AA of the Corporations Act 2001); (f) overseeing and monitoring the assessment and management of risk across the University, including commercial undertakings; (g) overseeing and monitoring the academic activities of the University; (h) approving significant commercial activities of the University. (2) The Council must in all matters endeavour to advance the interests of the University. 10—Delegation (1) The Council may delegate any of its powers or functions under this Act to— (a) a member of the Council; or (b) an employee of the University; or (c) the holder of a particular office or position in the University; or (d) any committee of the Council or the University. (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the Council to act in any matter; and (d) is revocable at will by the Council. (3) A power or function delegated under this section to the Vice‑Chancellor, or to a committee of the Council or the University, may, if the instrument of delegation so provides, be further delegated. 11—Conduct of business of the Council (1) A quorum of the Council consists of one half of the total number of members of the Council (ignoring any fraction resulting from the division) plus 1, and no business may be transacted at a meeting of the Council unless a quorum is present. (2) Each member present at a meeting of the Council is entitled to 1 vote on a matter arising for decision at the meeting, but the person presiding at the meeting has, in the event of an equality of votes, a casting vote as well as a deliberative vote. (3) A decision carried by a majority of the votes cast by the members present and voting at a meeting is a decision of the Council. (4) A meeting of the Council will be presided over— (a) by the Chancellor; or (b) in the absence of the Chancellor, by the Deputy Chancellor; or (c) in the absence of the Chancellor and the Deputy Chancellor, by a member of the Council elected by those present at the meeting. 12—Constitution of Council (1) Subject to this section, the Council consists of not less than 12 and not more than 16 members, of whom— (a) 1 will be the Chancellor ex officio; and (b) 1 will be the Vice‑Chancellor ex officio; and (c) 1 will be the presiding member of the Academic Board ex officio (or, if the Vice‑Chancellor is the presiding member of the Academic Board, a member of the Academic Board elected by the Academic Board (not being a member appointed or elected to the Academic Board as a student of the University)); and (d) up to 7 will be persons appointed by the Council on the recommendation of a selection committee (which consists of the Chancellor and 6 other persons, 3 of whom are appointed by the Chancellor and 3 by the presiding member of the Graduate Association (but at least 3 members of the selection committee must be graduates of the University) in accordance with guidelines determined by the Council); and (e) 1 will be a member of the academic staff, elected by the academic staff; and (f) 1 will be a member of the general staff, elected by the general staff; and (g) 1 will be a postgraduate student, appointed or elected in a manner determined by the Council; and (h) 1 will be an undergraduate student, appointed or elected in a manner determined by the Council; and (i) 1 will be a graduate (not being a current staff member nor student of the University), elected by graduates in a manner determined by the Council after consultation with the presiding member of the Graduate Association; and (j) 1 may, if the Council so determines, be a person co‑opted and appointed by the Council. (2) Where a person is appointed to the Council, the appointing authority must recognise that the Council is, as far as practicable, to be constituted of equal numbers of men and women who— (a) have a commitment to education and, in particular, to higher education; and (b) have an understanding of, and commitment to, the principles of equal opportunity and social justice and, in particular, to access and equity in education. (3) Of the members of the Council appointed on the recommendation of the selection committee, at least 2 must have financial management expertise and at least 1 must have commercial expertise (demonstrated by relevant qualifications or relevant experience at a senior level in the public or private sector). (4) A member of the academic or general staff or student of the University is not eligible to be appointed to the Council by the Council. (6) A selection committee established for the purpose of making an appointment under subsection (1)(d) cannot recommend 1 of their number for appointment. (7) An undergraduate student is not eligible for appointment or election to the Council unless he or she has been enrolled as an undergraduate for the semester last preceding the date of the appointment or election. 12A—Term of office (1) Subject to subsection (6), a member appointed to the Council by the Council will be appointed for a term of between 2 and 4 years to be determined— (a) in the case of a member appointed on the recommendation of a selection committee—by that selection committee; and (b) in the case of a member co-opted and appointed by the Council—by the Council. (2) A member of the academic or general staff of the University elected to the Council will be elected for a term of 2 years. (3) A student of the University appointed or elected to the Council will be appointed or elected for a term of 2 years. (4) A graduate elected by graduates to the Council will be elected for a term of 2 years. (5) Subject to subsection (6), at the expiration of a term of office, a member appointed or elected to the Council is eligible for reappointment or re-election. (6) A person may not, except by resolution of the Council, be appointed or elected as a member of the Council if the appointment or election (as the case requires) would result in the person being a member of the Council for more than 12 years. 13—Casual vacancies (1) The Council may remove an appointed or elected member of the Council from office for— (a) mental or physical incapacity to carry out official duties satisfactorily; or (b) failing, without reasonable excuse, to comply with the Council's requirements in relation to attendance at Council meetings; or (c) conviction of an indictable offence; or (d) serious misconduct. (2) The office of an appointed or elected member becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed or re-elected; or (c) does not continue in the capacity in which he or she was appointed or elected to membership of the Council (unless the date of the next appointment or election to his or her office is within 3 months from the date on which the member ceased to continue in the capacity in which he or she was appointed or elected); or (d) resigns by notice in writing addressed to the Chancellor; or (e) is removed from the office by the Council under subsection (1); or (f) is disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth. (2a) An appointed or elected member of the Council may only be removed under subsection (1)(d) by resolution passed by at least a two-thirds majority of the members of the Council. (3) If a member of the Council is appointed by the Council to the office of Chancellor or Vice-Chancellor, a casual vacancy occurs in the office held by that member. (3a) If a member of the Council elected under section 12(1)(h) becomes a staff member or student of the University during his or her term of office, a casual vacancy occurs in the office held by that member. (4) On the office of an appointed or elected member of the Council becoming vacant under this section, a person must be appointed or elected, as the case may require, to the vacant office in accordance with this Act. (5) Subject to this Act, a member appointed or elected to fill a casual vacancy in the membership of the Council holds office for the balance of the term of his or her predecessor. 14—Saving clause No decision or proceedings of the Council is invalid by reas