retrieval-0003Document excerpt 3

on only of a vacancy in the office of any member of the Council, or any defect in the appointment or election of a person to the Council. 15—Duty of Council members to exercise care and diligence etc A member of the Council must at all times in the performance of his or her functions— (a) exercise a reasonable degree of care and diligence; and (b) act in the best interest of the University. 16—Duty of Council members to act in good faith etc (1) A member of the Council must at all times act in good faith, honestly and for a proper purpose in the performance of the functions of his or her office, whether within or outside the State. (1a) A member of the Council must not improperly use his or her position to gain an advantage for himself or herself or another person, whether within or outside the State. (2) Subsection (1) does not apply to conduct that is merely of a trivial character and does not result in significant detriment to the interest of the University. 17—Duty of Council members with respect to conflict of interest (1) A member of the Council who has a direct or indirect personal or pecuniary interest in a matter decided or under consideration by the Council— (a) must, as soon as is reasonably practicable, disclose in writing to the Council full and accurate details of the interest; and (b) must not take part in any discussion by the Council relating to that matter; and (c) must not vote in relation to that matter; and (d) must be absent from the meeting room when any such discussion or voting is taking place. (2) A member of the Council will not be taken to have a direct or indirect interest in a matter for the purposes of this section by reason only of the fact that the member has an interest in the matter that is shared in common with a substantial section of the public, or with staff members or students of the University generally, or with a substantial number of staff members or students of the University. (3) If a member of the Council makes a disclosure of interest and complies with the other requirements of subsection (1) in respect of a proposed contract— (a) the contract is not liable to be avoided by the University; and (b) the member of the Council is not liable to account to the University for profits derived from the contract. (4) If a member of the Council fails to make a disclosure of interest or fails to comply with any other requirement of subsection (1) in respect of a proposed contract, the contract is liable to be avoided by the University. (5) A contract may not be avoided under subsection (4) if a person has acquired an interest in property the subject of the contract in good faith for valuable consideration and without notice of the contravention. (6) If a member of the Council has or acquires a personal or pecuniary interest, or is or becomes the holder of an office, such that it is reasonably foreseeable that a conflict might arise with his or her duties as a member of the Council, the member must, as soon as is reasonably practicable, disclose in writing to the Council full and accurate details of the interest or office. (7) A disclosure under this section must be recorded in the minutes of the Council. (8) Without limiting the effect of this section, a member of the Council will be taken to have an interest in a matter for the purposes of this section if a relative of the member has an interest in the matter. (9) This section does not apply in relation to a matter in which a member of the Council has an interest while the member remains unaware that he or she has an interest in the matter, but in any proceedings against the member the burden will lie on the member to prove that he or she was not, at the material time, aware of his or her interest. (10) In this section— domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; relative of a member means the spouse, domestic partner, parent or remoter linear ancestor, son, daughter or remoter issue or brother or sister of the member; spouse—a person is the spouse of another if they are legally married. 17A—Removal of Council members for contravention of section 15, 16 or 17 Non-compliance by a member of the Council with a duty imposed under section 15, 16 or 17 will be taken to be serious misconduct and a ground for removal of the member from office. 17B—Civil liability for contravention of section 16 or 17 If a person who is a member of the Council or a former member of the Council is guilty of a contravention of section 16 or 17, the University may recover from the person by action in a court of competent jurisdiction— (a) if the person or any other person made a profit as a result of the contravention—an amount equal to the profit; and (b) if the University suffered loss or damage as a result of the contravention—compensation for the loss or damage. 18—Annual meeting (1) The Council must, within 2 months of the commencement of each financial year, convene and attend an annual meeting of the University community. (2) The Vice-Chancellor, or in the absence of the Vice-Chancellor, a member of the Council chosen by the Council, must preside at a meeting convened under subsection (1). (3) At least 28 days notice of a meeting under subsection (1) must be given in a manner determined by the Council. (4) The business and procedures of a meeting under subsection (1) will be determined by the Council. (5) In this section— University community means the Council, members of the academic staff, members of the general staff, graduates and students. 21—The Adelaide University Union (1) The Adelaide University Union continues in existence. (2) The union is a body corporate with perpetual succession and a common seal and— (a) is capable of suing and being sued; and (b) is, subject to its constitution and rules, capable of— (i) acquiring, holding, dealing with and disposing of real and personal property; and (ii) acquiring or incurring any other rights or liabilities that may properly attach to a body corporate; and (c) has the powers, authorities, obligations and functions conferred or imposed upon it by— (i) its constitution and rules; and (ii) any statutes of the University made with the concurrence of the union. (3) The constitution and rules of the union may, with the concurrence of the Council, be altered in accordance with the procedures provided by the constitution and rules. (4) The union must, not later than 1 June in each year, provide the Council with— (a) the financial statements of the union for the previous calendar year, audited in a manner approved by the Council; and (b) the proposed fee (including entrance fee and annual fee) for union membership for the following calendar year. (5) The union must, not later than 30 August in each year, provide the Council with a financial report in a form determined by the Council for the 6 months ending 30 June of that year. (6) The union must, not later than 1 December in each year, provide the Council with the budget for income and expenditure of the union in a form determined by the Council for the following calendar year (including proposed allocations to bodies affiliated with the union). (7) The union must not set membership fees except with the approval of the Council. 22—Statutes and rules (1) The Council has power to make statutes or rules for any of the following purposes: (a) regulating the conduct of any election; and (b) regulating the discipline of the University; and (c) establishing within the University faculties, departments academic divisions or units, or groups of them and providing for, and regulating, their administration; and (ca) providing for, and regulating, the admission and matriculation of students; and (d) regulating the appointment or dismissal of officers and employees of the University and prescribing their duties and the manner in which they are to be performed; and (e) prescribing the conditions governing the award of fellowships, scholarships, prizes, exhibitions or other awards; and (f) prescribing the fees to be paid in respect of instruction, tuition, applications for awards, or any other matters; and (fa) prescribing, with the concurrence of the Adelaide University Union, the fees for membership of the union, and providing for the collection and recovery of those fees by the University on behalf of the union; and (g) regulating the convening of the Council; and (h) constituting, and providing for the award of, any degree, diploma or certificate; and (ha) constituting and regulating the Academic Board and other boards of the University; and (i) providing for the admission to degrees ad eundem gradum of persons who have been admitted to degrees or obtained other qualifications that are, in the opinion of the University, of equivalent status; and (ia) providing for the admission of persons to an honorary award; and (j) providing for the affiliation with the University, upon mutually satisfactory terms, of any college or educational establishment; and (l) prescribing any other matter contemplated by this Act, or pertaining to the University. (1a) The Council has power to make statutes— (a) establishing a tribunal to hear and determine proceedings against any student or staff member of the University in relation to any offence under the statutes, rules or by-laws of the University, and prescribing penalties that may be awarded by the tribunal upon proof of the commission of such an offence; and (b) providing that an offence under a specified statute, rule or by-law of the University allegedly committed by a student or staff member be tried by a tribunal established under paragraph (a) of this subsection. (2) The Council may— (a) by statute, vary or revoke a statute; or (b) by rule, vary or revoke a rule. (3) A statute does not come into operation until confirmed by the Governor. (4) Section 10 of the Subordinate Legislation Act 1978 does not apply to or in relation to a statute or rule made under this section. 23—By-laws (1) The Council has power to make by-laws for any of the following purposes: (a) to prohibit persons from trespassing upon the University grounds and to empower any person authorised in writing by the Council to remove any person found trespassing; and (b) to prevent damage to the University grounds, any appurtenances, or any property or object (whether moveable or immoveable) on the grounds; and (c) to prevent persons from climbing on fences or buildings or walking over gardens or lawns on the University grounds; and (ca) to regulate the use of any libraries of the University and of books or other material of those libraries; and (d) to regulate the speed at which vehicles may be driven on the University grounds; and (e) to prohibit dangerous or careless driving of vehicles within the University grounds; and (f) to regulate, restrict or prohibit the entrance and exit of vehicles and pedestrians to and from the University grounds, and to prescribe the course and direction of vehicular traffic within the University grounds; and (g) to regulate, restrict or prohibit the parking of vehicles upon the University grounds, and to prohibit the parking of vehicles within the University grounds by any person or class of persons; and (h) to empower any person authorised in writing by the Council to remove vehicles from the University grounds; and (i) generally to regulate traffic of all kinds within the University grounds and to empower any person authorised in writing by the Council to direct traffic; and (j) to regulate, restrict or prohibit manufacture of alcoholic liquor on the University grounds or the bringing of alcoholic liquor onto the University grounds or the supply or consumption of alcoholic liquor on the grounds; and (k) to empower any person authorised in writing by the Council to remove any intoxicated person from the University grounds, and to search for and to seize any alcoholic liquor upon the University grounds in contravention of a by-law, and to empower the Council to confiscate any such alcoholic liquor; and (l) to regulate, restrict or prohibit the bringing of offensive weapons onto the University grounds and to empower any person authorised in writing by the Council to search for and seize any offensive weapon upon the University grounds in contravention of a by-law and to empower the Council to confiscate any such weapon; and (m) to prohibit disorderly conduct or indecent language in the University grounds, and to empower any person authorised in writing by the Council to remove from the grounds any person guilty of disorderly conduct or indecent language; and (n) to prevent the interruption of lectures or meetings by noise or unseemly behaviour and to prevent undue noise from motor vehicles upon the University grounds; and (o) to regulate the conduct of meetings and assemblies within the University grounds; and (oa) to empower any person authorised in writing by the Council to require any person whom he or she suspects on reasonable grounds of having contravened a by-law to state his or her name and address, and to provide that any person so requested must comply with the request; and (p) to impose fines, not exceeding $200, for offences against the by-laws; and (pa) to fix expiation fees, not exceeding $75, for alleged offences against the by-laws; and (q) to empower the University to recover on complaint compensation for any damage done to the University grounds or any property of the University. (2) A by-law may provide that it applies to portion only of the University grounds specified in the by-law and where such provision is made, the by-law applies accordingly. (3) No by-law may be made— (a) except at a meeting of the Council of which at least 14 days' prior notice has been given in writing to each member of the Council setting out the by-laws intended to be proposed; and (b) except upon a resolution supported by a majority of the total number of the members of the Council. (3a) A by-law must be transmitted to the Governor for confirmation. (4) A by-law does not come into operation until confirmed by the Governor. (5) For the avoidance of doubt, section 10 of the Subordinate Legislation Act 1978 applies to a by-law made under this section. 24—Proceedings (2) The Council may direct that a student or staff member of the University who is alleged to have committed an offence against the by-laws of the University be tried by a tribunal established by statute of the University and, if the offence is proved, that he or she be dealt with in an appropriate manner provided by statute of the University. (3) In any proceedings relating to an offence against a by-law— (aa) it will be presumed conclusively that the by-law, or purported by-law, was duly made; and (a) an allegation in a complaint that any place constitutes part of the University grounds will be taken to be proved in the absence of evidence to the contrary; and (b) an allegation in a complaint that a person named in the complaint was the owner of a specified vehicle on a specified day will be taken to be proved in the absence of evidence to the contrary; and (c) where it is proved that a vehicle was parked in the University grounds in contravention of a by-law it will be presumed, in the absence of evidence to the contrary, that the vehicle was so parked by the owner of the vehicle. (5) Any fine recovered in respect of a contravention of a by-law will be paid to the University. 25—Annual report (1) The Council must, not later than 30 June in each year, present to the Minister a report on the operation of the University during the year ending on the preceding 31 December. (2) The report must include a copy of the audited accounts of the University, and of every statute of the University confirmed by the Governor, and every rule made by the Council, during the year ending on the preceding 31 December. (3) The Minister must, within 12 sitting days of receiving a report under this section, cause a copy of the report to be laid before each House of Parliament. 26—Special provision with regard to certain lands The land granted to the University pursuant to section 16 of The Adelaide University Act and to The University Site Act 1876 and to the University Land Act 1929 will be held by the University for purposes approved by the Governor. 27—Exemption from land tax Any land in respect of which the University would, but for this section, be liable to pay land tax is exempt from land tax. 28—Special provision as to chairs founded by W.W. Hughes The trusts established under the instrument a copy of which appears in the Schedule affecting the 2 chairs or professorships founded by Walter Watson Hughes so far as they are not exhausted, continue in operation. 29—Indemnities The University must indemnify and keep indemnified— (a) each member of the Council; and (b) any member of a committee constituted or appointed by resolution of the Council or by or under a statute or rule; and (c) any member of the Academic Board, against all actions or claims (whether arising during or after the term of office of that member) in respect of any act or thing done or omitted to be done in good faith in the exercise or purported exercise of any power or duty conferred or imposed— (d) on the Council, any committee or the Academic Board; or (e) on any member or members of the Council, committee or the Academic Board, by or under this Act. 30—Creation and administration of trust funds and other funds Subject to this Act, the University may create and administer— (a) trust funds; or (b) funds for any other purpose. 31—Establishment of investment common funds (1) The University may establish 1 or more investment common funds for the collective investment of any trust funds and other funds held by or in the custody of the Uni