University of Divinity Act 1910 (Victoria)

This Act establishes the University of Divinity as a corporate body, sets out its objects, and creates the governance, academic and financial framework by which the University is to operate. At a mechanical level the Act does the following.

Continues and incorporates the University of Divinity as a body corporate with perpetual succession and a common seal, able to hold property, sue and be sued (s.5(1)).
Defines the University’s objects, including teaching and research in Divinity and associated disciplines, conferral of degrees and awards, and support for church and public engagement (s.4).
Constitutes the Council as the governing authority, sets out its primary responsibilities (appointing the Vice‑Chancellor, approving strategic direction and budget, appointing auditors and an audit committee, monitoring risk and academic activities), and vests wide powers in it (s.6(1)-(2); s.18A).
Prescribes the composition, appointment, terms, removal and conduct obligations of Council members, including quotas for church appointees, professional expertise requirements, term lengths and a twelve‑year membership cap (s.7; s.8; s.9; s.17).
Establishes meeting rules: a minimum of four ordinary meetings per year (s.12), special meeting notice requirements (s.13), quorum and chairing rules including casting vote (s.15).
Creates an Academic Board with oversight and advisory authority on academic programs and delegates to it the power to appoint subordinate boards and committees (s.20A; s.21; s.22).
Authorises the Council to authorise colleges to teach and examine students and requires academic accountability from colleges to the Academic Board (s.23(1)-(3)).
Sets out financial and fiduciary obligations: accounting and annual audit by a registered company auditor (s.20); powers to borrow, invest, accept gifts and act as trustee (s.5(2)); ability to create investment common funds and to deduct an administration commission up to 5% of income for trust funds included in those common funds (s.19A(1)-(10)).

Version No. 011

University of Divinity Act 1910

No. 2275 of 1910

Version incorporating amendments as at
1 January 2019

table of provisions

Section Page

1 Short title 2

2 Definitions 3

3 Constitution of University 4

4 Objects of University 5

5 Incorporation 6

6 The Council 8

7 Composition of Council 10

8 Terms and conditions of office 11

8A Acting members 12

9 Resignation and removal of appointed members 13

9A Filling of vacancies on retirement 14

9B Casual vacancies 15

9C Failure by church to appoint member 15

10 Certificate of appointment 15

11 Validation of acts and proceedings 16

12 Ordinary meetings 16

13 Special meetings 16

14 Election of Chancellor and Deputy Chancellor 17

15 Procedure of Council 17

16 Declaration of interests 18

17 Council member's responsibilities 19

18 Resolutions without meetings of the Council 19

18A Delegation 20

18B Indemnities 20

19 Appointment of officers 21

19A Creation and administration of trust and other funds 22

20 Accounts and audit 23

20A Academic Board 24

21 Powers of Academic Board 24

22 Boards and committees 25

23 Colleges of the University 25

24 Academic functions 27

25 Awards of the University 27

27 No religious test for candidates, examiners, officers etc. 28

29 Persons fulfilling prescribed conditions entitled to graduate etc. 28

30 Regulations 29

31 Regulations affecting courses of study 32

32 Requirements for regulations 32

33 Service of notices 33

34 Transitional and savings 33

35 Title to Act 34

36 University is same body despite change of name 34

37 Council 35

38 Chancellor, Deputy Chancellor and Vice-Chancellor 36

39 Colleges of the University 37

40 Persons enrolled as students 37

41 Awards and degrees 37

42 Regulations of the University 38

Endnotes 39

1 General information 39

2 Table of Amendments 41

3 Amendments Not in Operation 42

4 Explanatory details 43

Version No. 011

University of Divinity Act 1910

No. 2275 of 1910

Version incorporating amendments as at
1 January 2019

An Act to provide for the Constitution and Incorporation of a College of Divinity under the name of the Melbourne College of Divinity.

Preamble amended by No. 61/2016 s. 5.

Preamble

Nos 1151
s. 25, 1826 s. 2.

WHEREAS by section twenty-five of the University Act 1890 as amended by the University Act 1903 it is provided inter alia that, subject to the statutes and regulations of the University, the Council thereof may after examination confer in any Faculty except Divinity any degree diploma certificate or licence:

AND WHEREAS it is expedient to provide facilities for the conferring of degrees diplomas and certificates in divinity and for that purpose to provide for the constitution and incorporation of a body (other than the University of Melbourne or any College or educational establishment affiliated to or connected with the University) which body shall be authorized to confer degrees diplomas and certificates in divinity, and to hold examinations for that purpose:

The Melbourne College of Divinity, a self‑accrediting higher education provider since 1910, was created by the Melbourne College of Divinity Act 1910 at the request of a group of Victoria's churches to provide for the award of degrees, diplomas, and certificates in divinity and its associated disciplines. The College was significantly enlarged in 1972 with the inclusion of the Roman Catholic Church and the Churches of Christ, and the adoption of a collegiate structure for the delivery of its awards.

In 2011 the Melbourne College of Divinity was recognised as an Australian University of Specialisation, the first in Australia, and it commenced operation with university title on 1 January 2012. In 2013 the Melbourne College of Divinity resolved to request that its name be changed from the Melbourne College of Divinity to the University of Divinity to reflect its new status.

The University of Divinity is a collegiate university, conferring awards and conducting research in divinity and its associated disciplines through a network of colleges in Victoria and across Australia and overseas. The University's vision is to address the issues of the contemporary world through critical engagement with theological traditions.

To align the University of Divinity with its status as a university, it is expedient to amend its name and the title of this Act and to make other related amendments.

BE IT THEREFORE ENACTED by the King's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

S. 1 amended by No. 61/2016 s. 6.

1 Short title

This Act may be cited as the University of Divinity Act 1910.

2 Definitions

In this Act unless inconsistent with the context or subject-matter—

S. 2 def. of associated disciplines inserted by No. 54/2005 s. 3.

associated disciplines means studies in religion and ministry practice directly related to Divinity in its contemporary, historical, social and cultural contexts;

S. 2 def. of Chancellor inserted by No. 61/2016 s. 7(e).

Chancellor means the person holding the office of the Chancellor of the University;

S. 2 def. of college of the University inserted by No. 61/2016 s. 7(e).

college of the University means a college authorised by the Council under section 23;

S. 2 def. of Council inserted by No. 54/2005 s. 3, amended by No. 61/2016 s. 7(a).

Council means the Council of the University;

S. 2 def. of Deputy Chancellor inserted by No. 61/2016 s. 7(e).

Deputy Chancellor means the person holding the office of the Deputy Chancellor of the University;

S. 2 def. of the College repealed by No. 61/2016 s. 7(b).

prescribed means prescribed by this Act or by any regulations;

S. 2 def. of recognised teaching institution inserted by No. 54/2005 s. 3, repealed by No. 61/2016 s. 7(c).

S. 2 def. of Regulations repealed by No. 61/2016 s. 7(d).

S. 2 def. of regulations inserted by No. 61/2016 s. 7(e).

regulations means regulations made under this Act;

S. 2 def. of University inserted by No. 61/2016 s. 7(e).

University means the University of Divinity incorporated under this Act;

S. 2 def. of Vice-Chancellor inserted by No. 61/2016 s. 7(e).

Vice-Chancellor means the person holding the office of the Vice-Chancellor of the University.

S. 3 (Heading) amended by No. 61/2016 s. 8(1).

S. 3
amended by Nos 8335
s. 2(a)(i)–(iv), 9325 s. 4(1), substituted by No. 54/2005 s. 4.

3 Constitution of University

S. 3(1) amended by No. 61/2016 s. 8(2).

(1) For the purpose of this Act, the body corporate under the name the University of Divinity continues to be constituted and incorporated as provided in this Act.

S. 3(2) amended by No. 61/2016 s. 8(4).

(2) The University consists of—

(a) the Council;

S. 3(2)(b) repealed by No. 61/2016 s. 8(3).

S. 3(2)(c) amended by No. 61/2016 s. 8(4).

S. 3(2)(d) amended by No. 61/2016 s. 8(4).

(d) members of the academic staff and general staff of the University that are specified by the Council or of a class of staff specified by the Council;

S. 3(2)(e) amended by No. 61/2016 s. 8(4).

(e) persons enrolled as students of the University in courses or parts of courses leading to a degree, diploma, certificate or other award of the University;

S. 3(2)(f) amended by No. 61/2016 s. 8(4).

(f) persons designated by the University as scholars of the University.

S. 4 (Heading) amended by No. 61/2016 s. 9(1).

S. 4
amended by No. 8335
s. 3, substituted by Nos 9325
s. 5, 54/2005 s. 4, amended by No. 61/2016 s. 9(2).

4 Objects of University

The objects of the University include—

(a) the pursuit of the highest standards in teaching and research in Divinity and associated disciplines;

(b) the offering to scholars and students of Divinity of the opportunity to anchor faith in understanding, and in a spirit of dialogue to engage with society;

S. 4(c) amended by No. 61/2016 s. 9(2).

(d) to respond to the academic needs of the churches, and to promote their integrity;

(e) to address issues from a sound and reasoned theological viewpoint and to offer society opportunities for dialogue with traditions and values that have been refined over centuries;

(f) to aid, by research and other appropriate means, the advancement and development of knowledge and its practical application to the churches, wider academic and community life, and public policy;

(g) to confer degrees, diplomas and certificates and other awards in Divinity and associated disciplines.

S. 5
amended by No. 9325
s. 6(a).

5 Incorporation

S. 5(1) amended by Nos 9325
s. 6(b), 54/2005 s. 5(1), 61/2016 s. 10(1).

(1) The University continues to be a body corporate under the name of the University of Divinity with perpetual succession and a common seal, and by that name shall be capable in law of suing and being sued, and for the purposes of the University shall be capable of acquiring, holding and disposing of real and personal property and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer.

S. 5(2) inserted by No. 9325
s. 6(c), amended by No. 61/2016 s. 10(2).

(2) Without affecting the generality of subsection (1), the University may—

(a) erect buildings;

S. 5(2)(b) amended by No. 61/2016 s. 10(2).

(b) accept gifts, devises and bequests made to the University whether on trust or otherwise;

S. 5(2)(c) amended by No. 61/2016 s. 10(2).

S. 5(2)(d) substituted by No. 54/2005 s. 5(2)(a).

(d) reimburse to—

S. 5(2)(d)(i) amended by No. 61/2016 s. 10(2).

(i) members of the Council, reasonable travelling and other expenses incurred in attending meetings of the Council and in carrying out the business of the University;

S. 5(2)(d)(ii) amended by No. 61/2016 s. 10(2).

(ii) members of committees and boards established for the purposes of this Act, reasonable travelling and other expenses incurred in attending meetings of those committees or boards and in carrying out the business of the University;

S. 5(2)(d)(iii) amended by No. 61/2016 s. 10(2).

(iii) other persons, reasonable travelling and other expenses incurred in carrying out the business of the University;

S. 5(2)(e) amended by No. 54/2005 s. 5(2)(b).

(e) raise or borrow money in such manner and upon such security (if any) as the Council determines;

S. 5(2)(f) amended by Nos 54/2005 s. 5(2)(c), 61/2016 s. 10(2).

(f) invest and deal with moneys of the University upon such security or otherwise in such manner as may from time to time be determined by the Council;

S. 5(2)(g) amended by No. 54/2005 s. 5(2)(d).

(g) grant scholarships, prizes, exhibitions, bursaries and other awards;

S. 5(2)(h) amended by Nos 54/2005 s. 5(2)(e), 61/2016 s. 10(2).

(h) publish material arising from or relating to the activities of the University;

S. 5(2)(i) inserted by No. 54/2005 s. 5(2)(f), amended by No. 61/2016 s. 10(2).

(i) do anything else necessary to carry out the objects of the University or that is authorised by this Act.

S. 6 repealed by No. 9325 s. 7, new s. 6 inserted by No. 54/2005 s. 6.

6 The Council

S. 6(1) amended by No. 61/2016 s. 11(1).

(1) The Council is the governing authority of the University and has the direction and superintendence of the University.

(2) The primary responsibilities of the Council include—

S. 6(2)(a) amended by No. 61/2016 s. 11(2)(a).

(a) appointing and monitoring the performance of the Vice-Chancellor;

S. 6(2)(b) repealed by No. 61/2016 s. 11(2)(b).

S. 6(2)(d) amended by No. 61/2016 s. 11(2)(c).

(d) approving the mission and strategic direction of the University, and its annual budget and business plan;

(e) appointing an external auditor;

S. 6(2)(f) amended by No. 61/2016 s. 11(2)(c).

(f) appointing an audit committee with a chairperson and at least 3 other persons who are not staff or students of the University;

S. 6(2)(g) amended by No. 61/2016 s. 11(2)(c).

(g) overseeing and reviewing the management of the University and its performance as a higher education institution;

S. 6(2)(h) amended by No. 61/2016 s. 11(2)(c).

(h) establishing policy and procedural principles for the operation of the University consistent with legal requirements and community expectations;

S. 6(2)(i) amended by No. 61/2016 s. 11(2)(d).

(i) approving and monitoring systems of control and accountability of the University including those required to maintain a general overview of any entity controlled by the University in accordance with section 50AA of the Corporations Act;

S. 6(2)(j) amended by No. 61/2016 s. 11(2)(c).

(j) overseeing and monitoring the assessment and management of risk across the University, including commercial undertakings;

S. 6(2)(k) amended by No. 61/2016 s. 11(2)(c).

(k) overseeing and monitoring the academic activities of the University;

S. 6(2)(l) amended by No. 61/2016 s. 11(2)(c).

(l) approving any significant commercial activities of the University.

S. 7 repealed by No. 9325 s. 7, new s. 7 inserted by No. 54/2005 s. 6.

7 Composition of Council

(1) The Council consists of—

S. 7(1)(a) substituted by No. 61/2016 s. 12(1).

(a) the Vice-Chancellor;

(b) the Chairperson of the Academic Board;

(i) the Standing Committee of the Provincial Council of the Anglican Church of Australia in Victoria;

(ii) the Baptist Union of Victoria;

(iii) the Conference of the Churches of Christ in Victoria and Tasmania;

(iv) the Episcopal Conference of the Melbourne Province of the Roman Catholic Church in Victoria;

S. 7(1)(c)(v) substituted by No. 28/2008 s. 8(2).

(v) the Synod within the meaning of The Uniting Church in Australia Act 1977;

(d) 3 persons appointed by the Council;

(e) not more than 6 other persons appointed in accordance with subsection (2).

(2) With the agreement of two-thirds of the appointed members of the Council, and of the heads of churches represented on the Council, any other church may appoint not more than 2 members to the Council.

(3) Of the persons appointed under subsection (1)—

(a) 2 must be persons with financial expertise with relevant qualifications and experience in financial management at a senior level;

(b) one must be a person with commercial expertise at a senior level.

(4) Of the persons appointed by each of the churches under subsection (1) or (2)—

S. 7(4)(a) substituted by No. 61/2016 s. 12(2).

(a) not more than one may be a person who—

(i) is employed by the Council or a college of the University; or

(ii) is a student of the University; and

(b) none shall be a member of the Parliament of Victoria or of the Commonwealth or of any other State or Territory of Australia.

S. 7(5) substituted by No. 61/2016 s. 12(3).

(5) The Council must not appoint under subsection (1) a person who—

(a) is employed by the Council or a college of the University; or

(b) is a student of the University.

S. 7(6) amended by No. 61/2016 s. 12(4).

(6) At least half the members of the Council must be persons who are neither enrolled as a student nor employed by the Council or a college of the University.

S. 8 amended by Nos 8335 s. 2(b)(c), 9325 s. 8(a)–(e), substituted by No. 54/2005 s. 6.

8 Terms and conditions of office

S. 8(1) substituted by No. 61/2016 s. 13.

(1) Subject to this Act, a member of the Council appointed by a church or the Council under section 7 holds office for a period of not more than 3 years, with the appointment terminating on 31 December in the final year of the member's appointment.

(2) Despite subsection (1)—

(a) a church may appoint a member until 31 December in the year, or in the year following the year, the member's appointment takes effect to ensure that 3 offices of the members appointed by the churches fall vacant each year;

(b) the Council may appoint a member until 31 December in the year, or in the year following the year, the member's appointment takes effect to ensure that one office of the members appointed by the Council falls vacant each year;

(c) a member of the Council appointed in accordance with paragraph (a) or (b) holds office for the period specified in his or her instrument of appointment.

(3) A member appointed to the Council is eligible to be appointed to the Council at the end of the member's term of office, but not so as to extend his or her period in office to exceed 12 years membership (whether consecutive or not).

(4) Subsection (3) does not apply to a member appointed to the Council whose membership of the Council exceeds 12 years if the Council passes a resolution that the person may continue to be a member beyond that period.

S. 8A inserted by No. 54/2005 s. 6.

8A Acting members

(1) If a member of the Council is unable to attend a meeting of the Council and has obtained leave of the Council before that meeting, the body that appointed that person may appoint another person qualified to be appointed as a member to act as the member during the meeting.

(2) While the appointment of an acting member remains in force, the acting member has and may exercise all the powers and perform all the duties and functions of the member.

S. 9 amended by No. 9325 s. 9, substituted by No. 54/2005 s. 6.

9 Resignation and removal of appointed members

S. 9(1) amended by No. 61/2016 s. 14(a).

(1) A member of the Council, other than the Chancellor, may resign by writing delivered to the Chancellor.

S. 9(2) amended by No. 61/2016 s. 14(b).

(2) The Chancellor may resign by writing delivered to a meeting of the Council.

(3) A member of the Council appointed by a church may, at any time, be removed by the church.

(4) The office of a member of the Council becomes vacant if the member—

(a) is or becomes disqualified from managing corporations under Part 2D.6 of the Corporations Act; or

(b) has failed to attend, without the Council's prior approval, 3 consecutive ordinary meetings of the Council.

(5) Without limiting this section and the powers of a church under this section, the Council may remove a member from office in accordance with this section.

(6) The Council may only remove a member from office if it is of the opinion that the member has failed to comply with the responsibilities of a member of the Council.

(7) The Council must not remove a member from office unless—

(a) another member gives notice at an ordinary meeting of the Council of an intention to move a motion for the member to be removed from the Council and sets out in the notice the grounds for removal; and

(b) the member gives that notice no later than at the last ordinary meeting of the Council before the meeting at which the motion to remove the member will be put to the Council; and

(c) if the member to be removed is not present at the meeting at which that notice is given, the Council gives the member written notice of the intention and sets out in the notice the grounds for removal; and

(d) the Council gives the member to be removed an opportunity, at or before the meeting where the motion for removal is to be considered, to make submissions in writing or personally before the Council of the reasons why the member should not be removed from the Council; and

(e) by a majority of two-thirds of the members present at the meeting, the Council passes a resolution removing the member from office on the grounds stated in the notice given under this section.

S. 9A inserted by No. 54/2005 s. 6.

9A Filling of vacancies on retirement

The appointment of a person as a member of the Council to fill a vacancy caused by the retirement of a member upon the expiration of the term of office must be made at least one month before the date of expiration of the term of office of the retiring member.

S. 9B inserted by No. 54/2005 s. 6.

9B Casual vacancies

(1) If the office of a member of the Council becomes vacant otherwise than by reason of the expiry of the member's term of office, a person must be appointed to fill the vacancy as soon as practicable after the office falls vacant.

(2) The member so appointed must satisfy the requirements of section 7 with respect to the office that has become vacant.

(3) The appointment shall be made by the body by which the member whose office has become vacant was appointed.

(4) The person appointed holds office, subject to this Act, for the remainder of the term of the office that fell vacant.

(5) If the vacancy occurs within 3 months before the expiry of a member's term of office, the office may be left vacant for the remainder of the term.

S. 9C inserted by No. 54/2005 s. 6.

9C Failure by church to appoint member

If a church fails to appoint a member to fill a vacant office under section 9A or 9B within 3 months after the vacancy occurs, the Council may appoint a member to fill the vacant office.

S. 10
amended by Nos 9325
s. 10(a)(b), 54/2005 s. 7(1)(a)(b), 61/2016 s. 15.

10 Certificate of appointment

Where any person is appointed a member of the Council by a church the recognised head in Victoria of the church or union which appointed that member shall deliver or send to the Chancellor a certificate in writing under the recognised head's hand stating that such person has been appointed; and such certificate shall be conclusive evidence of the appointment.

11 Validation of acts and proceedings

S. 11(1) amended by No. 54/2005 s. 7(2).

(1) No act or proceeding of the Council acting under the powers conferred by this Act shall be invalid or illegal by reason only of there being any vacancy in the number of members at the time of doing or executing such act or proceeding.

S. 11(2) amended by No. 54/2005 s. 7(2).

(2) All acts and proceedings of the Council or of any person acting as a member thereof shall, notwithstanding that it may be afterwards discovered that there was some defect in the appointment of any person acting as a member, be as valid as if such person had been duly appointed.

S. 12 substituted by No. 54/2005 s. 8.

12 Ordinary meetings

(1) The Council must hold meetings for the transaction of ordinary business at least 4 times in each year.

(2) The meetings are to be held at the times and places that are prescribed by the regulations or, if there are no regulations, at the times and places that the Council determines.

13 Special meetings

S. 13(1) amended by Nos 54/2005 s. 7(2), 61/2016 s. 16.

(1) The Council may hold special meetings, and the Chancellor or the Deputy Chancellor or any three or more members may call a special meeting.

(2) No special meeting shall be held unless at least four clear days' notice thereof is given to members.

(3) The notice shall be in writing and shall specify the time and place of the meeting and the object thereof.

(4) No business shall be transacted at a special meeting except such as is stated in the notice thereof.

S. 14 amended by No. 54/2005 s. 9, substituted by No. 61/2016 s. 17.

14 Election of Chancellor and Deputy Chancellor

(1) As soon as practicable after a vacancy in the office of the Chancellor or Deputy Chancellor occurs, the Council must elect a Council member appointed under section 7(1)(c), (d) or (e) to the vacant office.

(2) The Chancellor or Deputy Chancellor, as the case may be—

(a) holds office for a term not exceeding 3 years or for the term of the member's appointment to the Council, whichever is the shorter; and

(b) is eligible for reappointment.

S. 15
amended by No. 8335
s. 2(d), substituted by No. 54/2005 s. 10.

15 Procedure of Council

S. 15(1) substituted by No. 61/2016 s. 18(1).

(1) The Chancellor must preside at a meeting of the Council at which the Chancellor is present.

S. 15(1A) inserted by No. 61/2016 s. 18(1).

(1A) In the absence of the Chancellor, the Deputy Chancellor must preside at a meeting of the Council at which the Deputy Chancellor is present.

S. 15(2) amended by No. 61/2016 s. 18(2).

(2) If neither the Chancellor nor Deputy Chancellor is present at a meeting the members present may elect a member to preside at the meeting.

(3) The person presiding at a meeting has a deliberative vote and a second or casting vote.

(4) A majority of the members of the Council currently holding office constitutes a quorum.

S. 16 substituted by No. 54/2005 s. 10.

16 Declaration of interests

S. 16(1) amended by No. 61/2016 s. 19(a).

(1) A member of the Council who has an interest in a matter being considered or about to be considered by the Council must, as soon as practicable after the relevant facts have come to his or her knowledge, declare the nature of the interest at a meeting of the Council or in writing addressed to the Chancellor.

S. 16(2) amended by No. 61/2016 s. 19(b).

(2) If the Chancellor receives a written declaration under subsection (1), the Chancellor must report it, or cause it to be reported, at the next meeting of the Council.

(3) The person presiding at a meeting at which a declaration is made under subsection (1) or reported under subsection (2) must cause a record of the declaration to be made in the minutes of the meeting.

(4) After a declaration is made under subsection (1) by a member of the Council—

(a) unless the Council otherwise directs, the member must not be present during any deliberation with respect to that matter; and

(b) the member is not entitled to vote on the matter; and

S. 17 substituted by No. 54/2005 s. 10.

17 Council member's responsibilities

S. 17(1) amended by No. 61/2016 s. 20(a).

(1) A member of the Council must act in the interests of the University as a whole and is responsible to the Council for furthering the purposes of the Council and the objects of the University rather than any constituent person or body who appointed the member.

(2) A member of the Council must not make improper use of his or her position on the Council including the improper use of any information acquired in the course of his or her duties to obtain directly or indirectly any advantage for himself or herself or any other person.

(3) A member of the Council, in carrying out his or her functions and duties, must—

S. 17(3)(a) amended by No. 61/2016 s. 20(b).

(a) act in good faith, honestly and for proper purposes consistent with the objects and interests of the University;

(b) exercise appropriate care and diligence;

S. 18 substituted by No. 54/2005 s. 10.

18 Resolutions without meetings of the Council

S. 18(1) amended by No. 61/2016 s. 21.

(1) If a majority of the members for the time being of the Council sign a document circulated by, or on behalf of, the Chancellor containing a statement that those members are in favour of a resolution in terms set out in the document, a resolution in those terms shall be taken to have been passed at a meeting of the Council held on the day on which the document is signed or, if the members do not sign it on the same day, on the day on which the last member to sign signs the document.

(2) If a resolution is, under subsection (1), taken to have been passed at a meeting of the Council, each member must be advised as soon as practicable and given a copy of the terms of the resolution.

(3) For the purposes of subsection (1), two or more separate documents containing a statement in identical terms, each of which is signed by one or more members, shall be taken to constitute one document.

(4) In this section, member, in relation to a resolution, does not include a member who, by reason of section 16, is not permitted to vote on the resolution.

S. 18A inserted by No. 54/2005 s. 10, amended by No. 61/2016 s. 22.

18A Delegation

The Council, by resolution of the Council or by or under regulation, may delegate all or any of its powers, authorities, duties and functions, other than—

(a) the power to make regulations; and

(b) this power of delegation—

to any of the members of a committee or board appointed by the Council, a member of the Council or a person employed by the University.

S. 18B inserted by No. 54/2005 s. 10, amended by No. 61/2016 s. 23.

18B Indemnities

The University must indemnify and keep indemnified each member of the Council and any member of a committee or board constituted by resolution of the Council or by or under regulation 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 powers or duty conferred or imposed upon the Council, committee or board or upon any member or members of the Council by or under this Act.

19 Appointment of officers

S. 19(1) amended by Nos 8335 s. 4, 9325 s. 11(1), substituted by Nos 54/2005 s. 11(1), 61/2016 s. 24(1).

(1) The Council must appoint the Vice‑Chancellor to act as chief executive officer of the University.

S. 19(1A) inserted by No. 54/2005 s. 11(1), amended by No. 61/2016 s. 24(2).

(1A) The Council may appoint examiners, teaching staff and any other officer or person that are necessary for carrying out the objects and purposes of the University.

S. 19(2) amended by No. 54/2005 s. 11(2).

(2) The Council—

(a) may provide for the remuneration of any officer or person so appointed; and

(b) may remove any officer or person so appointed.

S. 19(3) amended by Nos 54/2005 s. 11(3), 61/2016 s. 24(3).

(3) A member of the Council is not disqualified by reason only of being a member of the Council from being appointed to any office under this section.

S. 19(4) inserted by No. 54/2005 s. 11(4), amended by No. 61/2016 s. 24(2).

(4) The Council may by resolution specify the persons or classes of person who are to be academic staff and general staff employed by the University for the purposes of this Act.

S. 19A inserted by No. 54/2005 s. 12.

19A Creation and administration of trust and other funds

S. 19A(1) amended by No. 61/2016 s. 25.

(1) The University—

(a) may acquire property by gift, grant, bequest or devise; and

(b) may agree to and carry out any conditions of any such gift, grant, bequest or devise.

(2) Subject to this Act, the Council may create and administer any trust fund or funds for any other purpose whatsoever.

S. 19A(3) amended by No. 61/2016 s. 25.

(3) The Council may establish one or more investment common funds for the collective investment of any trust and other funds held by or in the custody of the University.

(4) The Council, from time to time without liability for breach of trust, may bring into or withdraw from any investment common fund the whole or any part of any trust fund or other fund, despite any direction to the contrary, whether express or implied, contained in the trust instrument.

(5) The Council must not bring into any investment common fund the whole or any part of any trust fund if any of the securities in which the capital of the investment common fund is invested are securities in which the trust fund is not authorised to be invested.

(6) Subject to subsection (7), the Council must periodically distribute the income of each investment common fund among the funds participating in the common fund, having regard to the extent of the participation by each fund in the common fund during the relevant accounting period.

(7) The Council, if it considers it expedient to do so, may from time to time add some portion of the income of the common fund to the capital of the common fund or use some part of the income to establish or augment a fund or funds as a provision against capital depreciation or reduction of income.

(8) The Council may, out of the annual income of a trust fund in an investment common fund, periodically deduct an amount not exceeding 5% of the annual income of that trust fund as commission for the administration of that trust fund.

S. 19A(9) amended by No. 61/2016 s. 25.

(9) The commission deducted in accordance with subsection (8) is to be received and accepted by the University as full payment to it for the costs of administration of the trust fund.

S. 19A(10) amended by No. 61/2016 s. 25.

(10) The University must not make any other charges on the trust fund in addition to the commission received under subsection (9), except in accordance with the trust deed.

No. 1151 s. 20.

S. 20
repealed by No. 8335 s. 5, new s. 20 inserted by No. 9325
s. 12(1).

20 Accounts and audit

S. 20(1) amended by Nos 54/2005 s. 13(a), 61/2016 s. 26.

(1) The Council must cause to be kept proper accounts and records of the transactions and affairs of the University and shall do all things necessary to ensure that all payments out of moneys of the University are correctly made and properly authorized and that adequate control is maintained over the assets of or in the custody of the University and over the incurring of liabilities by the University.

S. 20(2) amended by Nos 54/2005 s. 13(b), 61/2016 s. 26.

(2) The accounts and records shall be kept at the office of the University or at such other place or places as the Council thinks fit and shall be open to inspection by members of the Council at all times and to such other persons as the Council shall from time to time determine at such times and places and subject to such conditions as it thinks fit.

S. 20(3) amended by Nos 54/2005 s. 13(c), 61/2016 s. 26.

(3) The Council shall cause the accounts of the University to be audited once in each year by a registered company auditor.

S. 20A inserted by No. 54/2005 s. 14.

20A Academic Board

(1) There shall be an Academic Board for the purposes of—

S. 20A(1)(a) amended by No. 61/2016 s. 27.

(a) oversight of academic programs and courses of study in the University and other academic affairs of the University;

S. 20A(1)(b) amended by No. 61/2016 s. 27.

(b) providing advice to the Council on the academic programs and courses of study in the University and other academic affairs of the University.

(2) The Academic Board consists of the number of members that the regulations prescribe.

S. 21 amended by No. 8335 s. 6, substituted by No. 54/2005 s. 14.

21 Powers of Academic Board

(1) The Academic Board—

S. 21(1)(a) amended by No. 61/2016 s. 28.

(a) may discuss and submit to the Council an opinion on any matter relating to academic programs and courses of study of the University and, in particular, may make to the Council any recommendations that it thinks proper with respect to instruction, studies, discipline, examinations, assessments, research, degrees, diplomas, certificates and other awards in those programs or courses of study of the University; and

(b) must report to the Council on all matters submitted to it by the Council for report.

(2) The Academic Board has any other powers and duties that are conferred or imposed upon it by this Act or by the regulations.

(3) The Academic Board may regulate its own proceedings subject to this Act and except as otherwise prescribed by the regulations.

S. 22 substituted by No. 54/2005 s. 14.

22 Boards and committees

(1) The Academic Board may appoint boards and committees that are constituted in accordance with the regulations.

(2) A board or committee appointed by the Academic Board must report to the Academic Board on its activities at the times and in the manner that the Academic Board directs.

S. 23
amended by Nos 5956
s. 2(1)(a), 8335
s. 7(1), 23/1990
s. 4(1), substituted by Nos 54/2005 s. 14, 61/2016 s. 29.

23 Colleges of the University

(1) The Council, on the advice of the Academic Board and in accordance with the regulations, may authorise a college to teach and examine students in academic programs and courses of study that will lead to the award by the Council of a degree, diploma, certificate or other award relating to a program or course of study.

(2) The Academic Board is responsible for ensuring that each college of the University accounts to the Board for all academic matters relating to courses of study and programs offered by the college that lead to the award by the Council of a degree, diploma, certificate or other award relating to that program or course of study.

(3) The Council or the Academic Board may require a college of the University to provide any of the following information relating to academic programs or courses of study provided by the college—

(a) the curricula of those programs or courses of study;

(b) the qualifications and experience of staff of the college teaching the programs or courses of study;

(d) any other information that the Board or the Council believes is necessary for the evaluation or improvement of the quality of the delivery of those programs or courses of study.

(4) The Council, on the advice of the Academic Board and in accordance with the regulations, may revoke the authorisation of a college of the University under subsection (1) if it is of the opinion that the college should no longer be authorised for the purpose of providing academic programs or courses of study that lead to the award of a degree, diploma, certificate or other award by the Council.

S. 23A inserted by No. 23/1990
s. 5, repealed by No. 54/2005 s. 14.

S. 24 amended by No. 5956
s. 2(1)(b), substituted by No. 8335
s. 7(2), amended by Nos 9325 s. 13(a)(b), 23/1990 s. 4(2), substituted by No. 54/2005 s. 14, amended by No. 61/2016 s. 30.

24 Academic functions

The University may—

S. 24(a) amended by No. 61/2016 s. 30.

(a) conduct academic programs and courses of study for the admission to an examination or to a degree, diploma, certificate or other award of the University;

S. 24(b) amended by No. 61/2016 s. 30.

(b) hold examinations for the academic programs and courses of study conducted by the University in the manner, at the times and in the subjects that are prescribed.

S. 25 (Heading) amended by No. 61/2016 s. 31(1).

S. 25 amended by No. 5956 s. 3, substituted by Nos 8335
s. 7(2), 54/2005 s. 14.

25 Awards of the University

S. 25(1) amended by No. 61/2016 s. 31(2).

(1) Subject to the regulations, the Council may, after appropriate assessment, confer any degree or grant any diploma, certificate or other award in Divinity or associated disciplines.

S. 25(2) amended by No. 61/2016 s. 31(3).

(2) The Council may admit honoris causa to any degree in Divinity any person whether or not the person has graduated at the University.

(3) If the regulations so provide, the Council may, in prescribed circumstances and in the manner prescribed, revoke any degree, diploma, certificate or other award conferred or granted by the Council.

S. 26 amended by Nos 5956 s. 2(2), 8335 s. 8, substituted by No. 54/2005 s. 14, repealed by No. 61/2016 s. 32.

S. 27 amended by No. 61/2016 s. 33.

27 No religious test for candidates, examiners, officers etc.

No religious test shall be imposed upon any person in order to entitle the person to be enrolled by the University or to be a candidate for any examination or to graduate or to receive any diploma or certificate or to be an examiner or to hold any office or employment or any advantage emolument or privilege in connexion with the University.

S. 28
repealed by No. 9325
s. 14.

S. 29 amended by No. 61/2016 s. 34.

29 Persons fulfilling prescribed conditions entitled to graduate etc.

Every person who has fulfilled the conditions prescribed for enrolment or for the granting of any degree, diploma or certificate shall be entitled to be enrolled or to receive such degree, diploma or certificate (as the case may be).

S. 30 amended by No. 54/2005 s. 15(a).

30 Regulations

In addition to any regulations which it is empowered to make under this Act the Council may make regulations (not repugnant to any law in force in Victoria) for or with respect to all or any of the following subjects—

(a) the time and place of its meetings, and the management and conduct of business thereat;

(b) the keeping of minutes of meetings;

S. 30(d) amended by No. 61/2016 s. 35(a).

(d) the election of the Chancellor and Deputy Chancellor;

S. 30(da) inserted by No. 8335
s. 9(1)(a), amended by No. 54/2005 s. 15(b).

(da) the appointment of boards and committees;

S. 30(e) repealed by No. 9325
s. 12(2).

S. 30(f) amended by Nos 8335
s. 9(1)(b), 9325
s. 11(2), 61/2016 s. 35(b).

(f) the appointment and removal and the powers duties and the control supervision and guidance and the remuneration of the Vice-Chancellor, the examiners, teaching staff and all officers and persons appointed or employed by it;

S. 30(g) substituted by Nos 8335
s. 9(1)(c), 9325 s. 15(a).

(g) admission to courses of study;

S. 30(ga) inserted by No. 9325
s. 15(a), amended by No. 61/2016 s. 35(c).

(ga) enrolment at the University;

S. 30(gb) inserted by No. 9325
s. 15(a).

(gb) admission to examinations;

S. 30(gc) inserted by No. 9325
s. 15(a).

(gc) scholarships, prizes, exhibitions, bursaries and other awards;

(h) discipline;

(i) examinations and courses of study;

S. 30(ia) inserted by No. 8335
s. 9(1)(d), substituted by Nos 54/2005 s. 15(c), 61/2016 s. 35(d).

(ia) the authorisation of colleges by the Council under section 23 and the terms and conditions of such authorisations;

S. 30(ib) inserted by No. 8335
s. 9(1)(d), substituted by No. 54/2005 s. 15(c), amended by No. 61/2016 s. 35(e).

(ib) the fees to be paid by colleges of the University;

S. 30(j) substituted by No. 54/2005 s. 15(d), amended by No. 61/2016 s. 35(c).

(j) degrees, diplomas, certificates and other awards of the University;

S. 30(ja) inserted by No. 8335
s. 9(1)(e), substituted by Nos 9325
s. 15(b), 54/2005 s. 15(d), amended by No. 61/2016 s. 35(c).

(ja) the recognition of qualifications for the purposes of admission to degrees, diplomas, certificates or other awards of the University;

S. 30(jb) inserted by No. 8335
s. 9(1)(e), substituted by No. 54/2005 s. 15(d).

(jb) prescribing degrees, diplomas, certificates or other awards for the purposes of this Act and the qualifications required for the conferring of the degrees, diplomas, certificates or other awards;

S. 30(jc) inserted by No. 8335
s. 9(1)(e), repealed by No. 54/2005 s. 15(d).

S. 30(jd) inserted by No. 23/1990
s. 6, repealed by No. 54/2005 s. 15(d).

S. 30(k) substituted by Nos 8335
s. 9(1)(f), 9325 s. 15(c), amended by No. 54/2005 s. 15(e).

(k) fees to be paid for admission, enrolment, administration, lectures, classes, courses of study, examinations, diplomas, certificates or degrees;

S. 30(l) substituted by No. 9325
s. 15(c), amended by No. 61/2016 s. 35(c).

(l) the use of any buildings or facilities of the University;

S. 30(la) inserted by No. 9325
s. 15(c), amended by No. 61/2016 s. 35(c).

(la) fees to be paid for the use of buildings or facilities of the University; and

S. 30(m) amended by No. 61/2016 s. 35(c).

(m) generally for duly administering and carrying out the powers of the University.

S. 31 substituted by No. 54/2005 s. 16.

31 Regulations affecting courses of study

(1) Before a regulation concerning a degree, diploma, certificate or other award is made, amended or revoked by the Council, the Council must submit the proposal to the Academic Board for its report.

(2) If the Council declares a proposed regulation to which subsection (1) applies to be urgent, the Council may make the regulation without complying with subsection (1).

(3) A regulation made under subsection (2) ceases to have effect at the expiration of 6 months after it is made, unless it sooner expires or is revoked.

(4) If the Academic Board does not report to the Council within 2 months (or such longer or shorter period as the Council determines in any particular case) after submission of a proposed regulation to the Academic Board, the Council may make, amend or revoke the regulation without the report.

S. 32 amended by No. 8335 s. 9(2), substituted by No. 54/2005 s. 16.

32 Requirements for regulations

(1) The Council must ensure that before a regulation is made at least 7 clear days' notice in writing is given to members of the Council specifying the time and place of the meeting at which the regulation is to be made and containing a copy of the regulation to be amended, revoked or remade and of the proposed amendment or revocation or the re‑made regulation.

(2) The production of a verified copy of regulations made by the Council under the common seal of the Council seal is sufficient evidence of the authenticity of the regulations in all courts.

S. 32(3) amended by No. 61/2016 s. 36.

(3) The Council must—

(a) arrange for copies of all regulations to be published; and

(b) supply a copy of the regulations to a person on request by the person and on payment of the prescribed charge.

33 Service of notices

S. 33(1) substituted by No. 54/2005 s. 17.

(1) A notice required by this Act or the regulations to be served on a member of the Council may be given personally to the member or sent by prepaid post or electronic transmission to the member.

S. 33(2) substituted by No. 54/2005 s. 17.

(2) It is not necessary to give notice of a meeting of the Council to a member of the Council who is absent from Victoria.

S. 33(3) substituted by No. 61/2016 s. 37.

(3) Any notice or other document required to be served on the University may be served by leaving it with the Vice-Chancellor or sending it by prepaid post to the University at its usual address.

Note

The Electronic Transactions (Victoria) Act 2000 provides for the service of documents by electronic communication in accordance with that Act.

S. 34 inserted by No. 54/2005 s. 18.

34 Transitional and savings

(1) The Melbourne College of Divinity is deemed to be the same body after as before its reconstitution under section 4 of the Melbourne College of Divinity (Amendment) Act 2005 and no act, matter or thing is to be affected by that reconstitution.

(2) Section 8(3) does not apply to a member of the Council appointed, co-opted or elected before the commencement of section 6 of the Melbourne College of Divinity (Amendment) Act 2005 with respect to that appointment, co-option or election but does apply to that member in relation to any further appointment to the Council after that date.

S. 35 inserted by No. 61/2016 s. 38.

35 Title to Act

On and from the commencement of the Melbourne College of Divinity Amendment Act 2016, in any Act (other than the Melbourne College of Divinity Amendment Act 2016), subordinate instrument, or other document, unless the context otherwise requires, a reference to the Melbourne College of Divinity Act 1910 is to be construed as a reference to the University of Divinity Act 1910.

S. 36 inserted by No. 61/2016 s. 38.

36 University is same body despite change of name

(1) Despite the change of the name of the University from the Melbourne College of Divinity to the University of Divinity, the University is the same body as the Melbourne College of Divinity in existence immediately before the commencement of the Melbourne College of Divinity Amendment Act 2016 and no decision, matter or thing is affected because of that change of name.

(2) On and from the commencement of the Melbourne College of Divinity Amendment Act 2016, a reference in any Act (other than the Melbourne College of Divinity Amendment Act 2016), subordinate instrument, or other document, unless the context otherwise requires, to the Melbourne College of Divinity is to be construed as a reference to the University of Divinity.

(3) Any power exercised before the commencement of the Melbourne College of Divinity Amendment Act 2016 under the name "Melbourne College of Divinity" is taken, on and from that commencement, to have been exercised under the name "University of Divinity".

(4) The affixing of the common seal of the Melbourne College of Divinity before the commencement of the Melbourne College of Divinity Amendment Act 2016 is taken, on and from that commencement, to have been the affixing of the common seal of the University of Divinity.

S. 37 inserted by No. 61/2016 s. 38.

37 Council

On and from the commencement of the Melbourne College of Divinity Amendment Act 2016—

(a) the Council is taken to be the same body as it was immediately before that commencement, despite any changes to the constitution of the Council, and no decision, matter or thing is affected because of those changes; and

(b) the members of the Council in office immediately before that commencement continue in office on the same terms and conditions as those on which they were originally appointed for the remainder of their original terms; and

(c) in any Act (other than the Melbourne College of Divinity Amendment Act 2016), subordinate instrument, or other document, unless the context otherwise requires, a reference to the Council constituted under the Melbourne College of Divinity Act 1910 is to be construed as a reference to the Council constituted under the University of Divinity Act 1910.

S. 38 inserted by No. 61/2016 s. 38.

38 Chancellor, Deputy Chancellor and Vice-Chancellor

(1) On and from the commencement of the Melbourne College of Divinity Amendment Act 2016—

(a) the President holding office immediately before that commencement is taken to be the Chancellor; and

(b) the Vice-President holding office immediately before that commencement is taken to be the Deputy Chancellor; and

(d) the President, Vice-President and Dean holding office immediately before that commencement continue in office as the Chancellor, Deputy Chancellor and Vice‑Chancellor respectively on the same terms and conditions on which they were originally appointed as President, Vice-President or Dean (as the case may be) for the remainder of their original terms.

(2) On and from the commencement of the Melbourne College of Divinity Amendment Act 2016, in any Act (other than the Melbourne College of Divinity Amendment Act 2016), subordinate instrument, or other document, unless the context otherwise requires—

(a) a reference to the President is to be construed as a reference to the Chancellor; and

(b) a reference to the Vice-President is to be construed as a reference to the Deputy Chancellor; and

S. 39 inserted by No. 61/2016 s. 38.

39 Colleges of the University

On and from the commencement of the Melbourne College of Divinity Amendment Act 2016—

(a) a recognised teaching institution is taken to be a college of the University; and

(b) in any Act (other than the Melbourne College of Divinity Amendment Act 2016), subordinate instrument, or other document, unless the context otherwise requires, a reference to a recognised teaching institution is to be construed as a reference to a college of the University.

S. 40 inserted by No. 61/2016 s. 38.

40 Persons enrolled as students

On and from the commencement of the Melbourne College of Divinity Amendment Act 2016, a person who is enrolled as a student of the Melbourne College of Divinity immediately before that commencement is taken to be enrolled as a student of the University of Divinity on the same terms that applied immediately before that day to that person as a student of the Melbourne College of Divinity.

S. 41 inserted by No. 61/2016 s. 38.

41 Awards and degrees

(1) On and after 1 January 2012, any degree, diploma, certificate or other award conferred or granted by the Council on a person who, before 1 January 2012, has fulfilled the conditions prescribed for admission to that degree, diploma, certificate or other award must be conferred or granted in the name of the Melbourne College of Divinity.

(2) On and after 1 January 2012, any degree, diploma, certificate or other award conferred or granted by the Council on a person who, on or after 1 January 2012, has fulfilled the conditions prescribed for admission to that degree, diploma, certificate or other award must be conferred or granted in the name of the University of Divinity.

(3) Despite the amendment of section 5 by the Melbourne College of Divinity Amendment Act 2016, the common seal of the Melbourne College of Divinity may be used for the purposes of conferring a degree or granting a diploma, certificate or other award in the name of the Melbourne College of Divinity in accordance with subsection (1).

S. 42 inserted by No. 61/2016 s. 38.

42 Regulations of the University

On and from the commencement of the Melbourne College of Divinity Amendment Act 2016, in any Act (other than the Melbourne College of Divinity Amendment Act 2016), subordinate instrument, or other document, unless the context otherwise requires, a reference to regulations of the Melbourne College of Divinity made under section 30 is to be construed as a reference to regulations of the University of Divinity made under that section.

S. 43 inserted by No. 61/2016 s. 38, repealed by No. 2275/1910 s. 43(4).

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.

The Melbourne College of Divinity Act 1910 was assented to on 17 December 1910 and came into operation on 17 December 1910.

The title of this Act was changed from the Melbourne College of Divinity Act 1910 to the University of Divinity Act 1910 by section 4 of the Melbourne College of Divinity Amendment Act 2016, No. 61/2016.

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 of Divinity Act 1910 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

University of Divinity Act 1910, No. 2275/1910

Assent Date:	17.12.10
Commencement Date:	S. 43(4) inserted on 1.1.17 by No. 61/2016 s. 38: Special Gazette (No. 381) 13.12.16 p. 1
Note:	S. 43(4) repealed s. 43 on 1.1.19
Current State:	This information relates only to the provision/s amending the University of Divinity Act 1910

Melbourne College of Divinity (Amendment) Act 1956, No. 5956/1956

Assent Date:	22.5.56
Commencement Date:	22.5.56
Current State:	All of Act in operation

Melbourne College of Divinity Act 1972, No. 8335/1972

Assent Date:	5.12.72
Commencement Date:	5.12.72
Current State:	All of Act in operation

Melbourne College of Divinity Act 1979, No. 9325/1979

Assent Date:	18.12.79
Commencement Date:	18.12.79
Current State:	All of Act in operation

Melbourne College of Divinity (Amendment) Act 1990, No. 23/1990

Assent Date:	5.6.90
Commencement Date:	5.6.90
Current State:	All of Act in operation

Melbourne College of Divinity (Amendment) Act 2005, No. 54/2005

Assent Date:	13.9.05
Commencement Date:	20.10.05: Government Gazette 13.10.05 p. 2263
Current State:	All of Act in operation

The Uniting Church in Australia Amendment Act 2008, No. 28/2008

Assent Date:	3.6.08
Commencement Date:	S. 8(2) on 4.6.08: s. 2(1)
Current State:	This information relates only to the provision/s amending the University of Divinity Act 1910

Melbourne College of Divinity Amendment Act 2016, No. 61/2016

Assent Date:	2.11.16
Commencement Date:	Ss 4–38 on 1.1.17: Special Gazette (No. 381) 13.12.16 p. 1
Current State:	This information relates only to the provision/s amending the University of Divinity Act 1910

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Amendments Not in Operation

There are no amendments which were Not in Operation at the date of this publication.

4 Explanatory details

No entries at date of publication.

1 University of Divinity Act 1910

Version No. 011

University of Divinity Act 1910

No. 2275 of 1910

Version incorporating amendments as at
1 January 2019

table of provisions

Section Page

1 Short title 2

2 Definitions 3

3 Constitution of University 4

4 Objects of University 5

5 Incorporation 6

6 The Council 8

7 Composition of Council 10

8 Terms and conditions of office 11

8A Acting members 12

9 Resignation and removal of appointed members 13

9A Filling of vacancies on retirement 14

9B Casual vacancies 15

9C Failure by church to appoint member 15

10 Certificate of appointment 15

11 Validation of acts and proceedings 16

12 Ordinary meetings 16

13 Special meetings 16

14 Election of Chancellor and Deputy Chancellor 17

15 Procedure of Council 17

16 Declaration of interests 18

17 Council member's responsibilities 19

18 Resolutions without meetings of the Council 19

18A Delegation 20

18B Indemnities 20

19 Appointment of officers 21

19A Creation and administration of trust and other funds 22

20 Accounts and audit 23

20A Academic Board 24

21 Powers of Academic Board 24

22 Boards and committees 25

23 Colleges of the University 25

24 Academic functions 27

25 Awards of the University 27

27 No religious test for candidates, examiners, officers etc. 28

29 Persons fulfilling prescribed conditions entitled to graduate etc. 28

30 Regulations 29

31 Regulations affecting courses of study 32

32 Requirements for regulations 32

33 Service of notices 33

34 Transitional and savings 33

35 Title to Act 34

36 University is same body despite change of name 34

37 Council 35

38 Chancellor, Deputy Chancellor and Vice-Chancellor 36

39 Colleges of the University 37

Several recurring structural concepts define the Act.

The Council as governing authority: The Council holds direction and superintendence of the University and is charged with strategic oversight, appointment and monitoring of the Vice‑Chancellor, financial control, audit and risk management, oversight of academic activity and approval of significant commercial activities (s.6(1)-(2)). It also makes regulations that govern the University's internal affairs (s.30).
Collegiate delivery: The University operates as a collegiate university. The Council may authorise colleges to teach and examine students in programs that lead to University awards (s.23(1)). The Academic Board ensures colleges account to it for academic matters and the Council/Board may require curricular, staffing and student‑view information from colleges (s.23(2)-(3)).
Academic governance: An Academic Board is established for oversight of academic programmes and to advise the Council. The Board may make recommendations about instruction, examinations, research and awards and may appoint boards and committees under regulations (s.20A; s.21; s.22).
Regulatory power and internal lawmaking: The Act confers broad regulatory authority on the Council to make regulations for meetings, committees, admission, enrolment, fees, courses, authorisation of colleges, fees payable by colleges, degrees and revocation of awards where regulations so provide (s.30; s.31). Regulations affecting courses must ordinarily be reported to the Academic Board (s.31).
Financial stewardship and trust management: The University may accept gifts, hold property, borrow, invest and act as trustee. The Council may create investment common funds and administer trust funds, including a statutory capacity to deduct an administration commission of up to 5% of a trust fund's annual income where the trust fund participates in a common fund (s.5(2)(b)-(f); s.19A(1)-(10)).
Membership composition and church representation: The Council’s composition is partly denominationally constituted. Specific churches or church bodies may appoint up to two persons each (s.7(1)(c)), other persons are appointed by the Council (s.7(1)(d)) and the Council may appoint up to six further persons (s.7(1)(e)). Expert roles are prescribed: at least two members must have financial expertise and one must have commercial expertise (s.7(3)). Restrictions prevent multiple appointments of staff or students and forbid members who are members of Parliament (s.7(4)-(5); s.7(6)).
Corporate safeguards: The Act includes conflict of interest rules (s.16), requirements for minutes and records (s.12; s.20), validation of acts despite procedural defects (s.11), indemnities for members and committee members for acts done in good faith (s.18B), and audit obligations (s.20(3)).

These concepts interlock to produce a statutory university with denominational appointment influence, centralised academic oversight, delegated operational discretion, and statutory financial management mechanics. The Act gives Council both high‑level policy responsibilities and concrete administrative powers (for example to raise money, invest funds and set fees) while insulating some acts against procedural irregularity (s.11) and protecting decision‑makers against civil liability for good faith actions (s.18B).

The Act specifies particular groups and entities that gain rights or incur obligations.

The University corporate entity: The University of Divinity itself is continued as the corporate body authorised to confer degrees and awards, hold property and enter contracts (s.5(1); s.4(g)).
Council members: Individuals appointed to the Council have statutory duties, term limits, removal and resignation processes, disclosure obligations and protections (ss.7-9; s.16; s.17; s.18B). They are responsible for acting in the interests of the University as a whole rather than the appointing body (s.17(1)). The Council must include persons with specified financial and commercial expertise (s.7(3)).
Churches and denominational appointing bodies: The Standing Committee of the Provincial Council of the Anglican Church, the Baptist Union of Victoria, the Churches of Christ conference, the Episcopal Conference of the Roman Catholic Church in Victoria and the Synod under the Uniting Church Act have appointment rights to name members (s.7(1)(c)). These bodies thereby directly influence governance through appointments, subject to statutory limits on appointing employees or students (s.7(4)-(5)).
Colleges and recognised teaching institutions: Institutions authorised by the Council to deliver programmes are “colleges of the University” (s.23(1); s.39). Colleges are accountable to the Academic Board for academic matters (s.23(2)). They may face authorisation conditions and fees (s.23(1); s.30(ia); s.30(ib)).
Academic and general staff: The Council appoints the Vice‑Chancellor and may appoint examiners, teaching staff and other officers (s.19). The Council may set remuneration and remove officers (s.19(2)). The Council may also specify the persons or classes of persons who are academic staff and general staff for the Act’s purposes (s.19(4)).
Students: Persons enrolled in University courses are part of the University and entitled to awards when they fulfil prescribed conditions (s.3(2)(e); s.29). Students who were enrolled under the old name became enrolled under the new name on the commencement of the 2016 amendments (s.40). The Act expressly prohibits religious tests for enrolment, examination, graduation or employment (s.27).
Donors and trust beneficiaries: Those who make gifts, devises and bequests to the University and beneficiaries of trust funds administered by the University are affected by the trust and common fund provisions including income distribution rules and the Council’s power to deduct an administration commission of up to 5% (s.5(2)(b); s.19A(1)-(10)).
Auditors and external reviewers: The Council must appoint an external auditor and cause annual accounts to be audited by a registered company auditor (s.6(2)(e); s.20(3)). The Council must also appoint an audit committee chaired by a non‑staff or student and with at least three other non‑staff or student members (s.6(2)(f)).
Persons serving on boards and committees: Members of boards and committees appointed by the Academic Board or the Council are subject to reporting obligations and the indemnity protection for actions taken in good faith where they exercise delegated powers (s.22; s.18B; s.18A).

Who pays and who decides. The Council decides strategy, budgets, control systems and significant commercial activities and is responsible for appointing senior officers and auditors (s.6(2)(d)-(f); s.19). Financial responsibilities (keeping proper accounts, audit) sit with the Council and the University. Costs of operating the University, regulating colleges, and administering trust funds (including up to 5% commission) fall on the University and, indirectly, on colleges, students and donors depending on the pricing, fee and trust arrangements the Council sets (s.19A(8)-(9); s.30(k); s.30(ib)).

The Act prescribes specific duties and rights for institutional actors.

Duties on the Council and members

The Council is obliged to direct and supervise the University (s.6(1)). Primary responsibilities are set out and include appointment and monitoring of the Vice‑Chancellor, approving mission, strategy, budget and business plan, appointing auditors and an audit committee, overseeing risk and academic activities, and approving significant commercial activities (s.6(2)(a), (d)-(l)).
Council members must act in the interests of the University as a whole and not in the interest of the appointing body (s.17(1)). They must act in good faith, honestly and for proper purposes, exercise care and diligence and take steps to avoid conflicts of interest unless properly disclosed (s.17(3)(a)-(c)).
Conflict disclosure is mandatory, and a declared interest generally excludes a member from participation and voting on the relevant matter (s.16(1)-(4)). Records of declarations must be kept in the minutes (s.16(3)).

Duties on officers and staff

The Council appoints the Vice‑Chancellor as chief executive officer and may appoint other officers; it may provide remuneration and remove officers (s.19(1)-(2)). The Council may specify who counts as academic or general staff for the Act’s purposes (s.19(4)). Officers and staff owe the duties implicit in their positions and are subject to discipline and employment conditions set by the Council under regulations (s.30(f)).

Financial duties

The Council must keep proper accounts and records, ensure correct authorisation of payments, maintain control over assets and liabilities and have accounts audited annually by a registered company auditor (s.20(1)-(3)). The Council must arrange for accounts and records to be open to inspection by Council members and others as the Council determines (s.20(2)).
For trust funds, the Council must comply with trust instruments when carrying out conditions of gifts or devises (s.19A(1)-(2)). The Council may create investment common funds and combine trust funds for collective investment, but must not include a trust fund in a common fund where the securities are outside the trust’s authorised investment class (s.19A(3)-(5)). The Council may deduct up to 5% commission on annual income for administration where trust funds participate in a common fund (s.19A(8)-(10)).

Academic duties and rights

The Academic Board has oversight of academic programs and courses and must report to the Council on matters the Council submits (s.20A(1)-(2); s.21(1)(b)). It may make recommendations on instruction, discipline, examinations, assessments, research and awards (s.21(1)(a)).
Colleges authorised by the Council may teach and examine students for University awards, but they are accountable to the Academic Board for academic matters and must provide information the Council or Board requires for quality evaluation (s.23(1)-(3)).

Regulatory powers and rights

The Council has broad regulation‑making power to set procedural, academic and financial rules including admission, enrolment, fees, authorisation and fees payable by colleges, degrees and revocation of awards (s.30; s.31). Regulations must be published and supplied on request (s.32(3)).
Members, officers and committee members benefit from indemnity protection for acts done in good faith (s.18B).

Procedural rights and protections

Members have resignation and removal procedures. The Council may only remove a member for failure to comply with their responsibilities and must follow a specified notice and opportunity to be heard process with a two‑thirds majority required (s.9(5)-(7)). Casual vacancies are to be filled as soon as practicable and by the appointing body (s.9B).

Rights of students and prohibition of religious tests

No religious test for enrolment, examination, graduation or employment is permitted under the Act (s.27). Persons who fulfil prescribed conditions are entitled to graduate or receive awards (s.29).

Transitional rights

Persons enrolled immediately prior to the 2016 amendments are taken to be enrolled in the University of Divinity on the same terms (s.40). Awards conferred before and after 1 January 2012 must be in the name appropriate to the date under s.41.

These duties balance institutional autonomy over academic and financial matters with statutory obligations on governance, financial control, academic oversight and procedural fairness for Council members. The Act assigns primary decision‑making power to the Council while safeguarding academic participation through the Academic Board.

The Act contains few penal sanctions in the conventional criminal sense. Its enforcement mechanisms are principally administrative, corporate and procedural rather than criminal.

Administrative enforcement and internal remedies

The Council has express powers to discipline and remove officers and staff and to revoke authorisation of a college if it is of the opinion that authorisation should be withdrawn (s.23(4); s.30(f)). Removal of Council members is a specified internal process requiring notice, opportunity to be heard and a two‑thirds majority (s.9(5)-(7)).
The Academic Board may recommend academic sanctions, and the regulations may provide for discipline and examinations, giving the Council and Academic Board avenues to enforce academic standards (s.21(1)(a); s.30(h); s.30(i)).

Financial and fiduciary oversight

The Act requires the Council to keep proper accounts and to have annual audits by a registered company auditor (s.20(1)-(3)). Financial mismanagement could be addressed through audit reports, the audit committee (s.6(2)(f)), and external auditor engagement (s.6(2)(e)). The Act itself does not set out criminal penalties for financial mismanagement; instead it relies on audit, Council oversight and external legal or regulatory remedies that would apply more generally (for example, external law such as Corporations Act provisions referenced in the Act).

Disqualification under other statutes

A Council member’s office becomes vacant if the member is or becomes disqualified from managing corporations under Part 2D.6 of the Corporations Act (s.9(4)(a)). That cross‑reference to the Corporations Act imports external statutory disqualification consequences into the Act’s enforcement framework.

Validation and immunity

The Act contains a validation clause protecting acts and proceedings from being invalidated solely because of vacancies or defects in appointment (s.11). It also provides indemnities to Council and committee members for acts done in good faith (s.18B). These provisions reduce the practical enforceability of claims for acts said to be ultra vires or procedurally defective, save for cases involving bad faith.

Procedural safeguards for removal

Removal of a Council member is subject to a strict procedure designed to provide notice and an opportunity to respond; the Council must obtain a two‑thirds majority to remove (s.9(7)). The procedural constraints limit arbitrary removal and create an internal enforcement standard requiring evidentiary notice and deliberation.

External remedies and legal liability

The Act does not specify penalties such as fines or imprisonment for breaches of its provisions. Enforcement of statutory obligations therefore falls to internal governance mechanisms, civil processes (for example, injunctions or claims for breach of fiduciary duty in general law), external regulatory bodies where relevant (for example if Corporations Act disqualifications arise), and the auditor/audit committee processes (s.20(3); s.6(2)(f)).

In sum the Act establishes administrative and governance enforcement levers rather than penal sanctions. It relies on internal accountability (council oversight, audits, academic reporting) and cross‑reference to other statutes for disqualification, with indemnity and validation provisions that limit collateral vulnerability of persons acting in good faith.

The Act includes a number of explicit external references and creates points of intersection with other legal regimes.

Corporations Act

The Act refers to Part 2D.6 of the Corporations Act. A Council member's office becomes vacant if the member is or becomes disqualified from managing corporations under that Part (s.9(4)(a)). That cross‑reference imports corporate disqualification rules into the statutory governance of the University and means that events which trigger statutory disqualification under the Corporations Act have immediate governance consequences under this Act.
Section 6(2)(i) requires the Council to approve and monitor systems of control and accountability, including those required to maintain a general overview of any entity controlled by the University in accordance with section 50AA of the Corporations Act. That directs the Council to take account of the Corporations Act approach to control and consolidated reporting.

Electronic Transactions (Victoria) Act 2000

The note following s.33 expressly points to the Electronic Transactions (Victoria) Act 2000 for the service of documents by electronic communication. The Act therefore contemplates electronic service methods where authorised under that statute (s.33 note).

The Uniting Church in Australia Act 1977

The composition of the Council includes a member appointed by “the Synod within the meaning of The Uniting Church in Australia Act 1977” (s.7(1)(c)(v)). That connects denominational appointment rights to the statutory framework that defines the Uniting Church’s Synod.

Common law and general statutory regimes

Although the Act is self‑contained in many governance respects, it imports general legal principles applicable to trusts, agency, property, employment and contract law. For example, the University’s role as trustee (s.5(2)(c)) will attract trustee law principles; the Council’s duties of care and good faith echo but do not displace common law fiduciary duties applicable to officers. The Act’s indemnity (s.18B) and validation clauses (s.11) interact with common law remedies in civil actions.
The requirement to have accounts audited by a registered company auditor (s.20(3)) implies interaction with the regulatory regime for auditors and companies.

Higher education regulation and recognition

The Act’s preamble and transitional provisions record that the Melbourne College of Divinity was a self‑accrediting higher education provider and was recognised as a University of Specialisation in 2011 and that the name change to University of Divinity was requested by the institution (preamble; ss.35-42). The Act does not itself set out Commonwealth higher education compliance obligations (for example any specific TEQSA or Commonwealth funding conditions) but the university’s status as a self‑accrediting provider and as a university of specialisation will, in practice, interact with Commonwealth regulatory and funding frameworks outside this Act’s text. Those interactions are not specified in the Act but are implied by the preamble’s factual statements.

Statutory continuity and cross‑references

Sections 35-42 provide that references in other Acts and instruments to the Melbourne College of Divinity are to be construed as references to the University of Divinity, and preserve continuity of corporate acts and officeholders after the 2016 amendment. This creates a statutory bridge ensuring that other regulatory instruments and documents remain operative after the renaming (ss.35-36; 37-42).

Overall, the Act builds in specific cross‑statutory linkages to the Corporations Act and to Victorian electronic transactions law, preserves continuity of prior acts, and implicitly links the University to the wider higher education regulatory environment through its self‑accrediting and university recognition history mentioned in the preamble. Practitioners should therefore consider the Corporations Act disqualification regime, auditor registration rules, trust law, and applicable Commonwealth higher education regulation when advising parties subject to this Act.

The legislation includes a chronology of amendments and several substantive amendment acts that altered composition, functions and nomenclature.

Major amendment acts and their headline changes (as recorded in the Act’s table of amendments and endnotes)

1956 (Melbourne College of Divinity (Amendment) Act 1956, No. 5956): Amendments not detailed in the present text summary but recorded as operative.
1972 (Melbourne College of Divinity Act 1972, No. 8335): Marked enlargement of the College with inclusion of the Roman Catholic Church and Churches of Christ and adoption of a collegiate structure, as referenced in the Act’s history (preamble; table).
1979 (Melbourne College of Divinity Act 1979, No. 9325): Inserted or replaced sections, reflected in multiple s. notations (s.3 substitution and other changes).
1990 (Melbourne College of Divinity (Amendment) Act 1990, No. 23/1990): Further amendments, including previously inserted but later repealed provisions such as s.30(jc) and j d (s.30 history shows insertions and repeals).
2005 (Melbourne College of Divinity (Amendment) Act 2005, No. 54/2005): Significant restructuring , reconstituted Council provisions, Academic Board (s.20A), updated powers and regulatory scheme; multiple sections were substituted or inserted by this Act (see sections 3, 5, 6, 7, 12, 15, 17-22, 30-32, 34).
2008 (The Uniting Church in Australia Amendment Act 2008, No. 28/2008): Amended s.7(1)(c)(v) to substitute the Uniting Church Synod appointment wording (s.7 historical note).
2016 (Melbourne College of Divinity Amendment Act 2016, No. 61/2016): A comprehensive amendment that changed the institution’s statutory title from Melbourne College of Divinity to University of Divinity, renamed several offices (President to Chancellor, Vice‑President to Deputy Chancellor, Dean to Vice‑Chancellor), created transitional provisions preserving continuity of membership and institutional acts (ss.35-42). Commenced 1 January 2017, with various sections coming into operation (endnotes). Section 4 of that amending Act formally changed the title.

Substantive themes across amendments

Governance modernisation: The 2005 amendments substantially modernised governance structures, adding an Academic Board, clarifying Council responsibilities, providing for delegation, indemnities and board composition rules (s.6; s.20A; s.18A; s.18B).
Collegiate expansion and inclusivity: The 1972 expansion and later amendments accommodated a wider range of churches and institutional members and adopted the collegiate model now central to the Act (s.23).
Name and title alignment: The 2016 amendments implemented the change of name and aligned all references, office titles and continuity rules to ensure that other statutes and documents would read as references to the University of Divinity (ss.35-42).
Financial and trust administration: Amendments added detailed trust and common fund powers including the 5% commission rule (s.19A), reflecting modernised financial arrangements and pooled investment strategies.

Practical consequence of the history

Because multiple provisions were substituted, repealed or reinserted across these amendment acts, practitioners should consult the consolidated text for the current operative wording. The Act’s endnotes list the relevant amendment instruments and commencement dates (Endnotes 2 and 3). The 2016 amendments were the most recent structural change, focused on renaming and transition rather than a reworking of governance mechanics.

The Act’s consolidated version incorporates these amendments as at 1 January 2019 (Version No. 011). The table of amendments in the endnotes lists each amending Act, its assent and commencement dates and notes whether the amending provisions are in operation. For specific historical drafting changes, the marginal notes in the Act identify which sections were substituted or inserted and by which amending Act, enabling tracing of how particular duties or powers were added or modified.

The Act’s text and accompanying endnotes do not record any judicial decisions or litigation history. The statute does not name cases and contains no embedded references to litigation outcomes. The endnotes and explanatory notes list amendment Acts, commencement dates and interpretation notes but contain no case law citations (Endnotes section).

What the source shows and what it does not

The source is a consolidated legislative text and amendment table. It records Parliament’s enactments and amendments but it does not provide any judgments, appellate decisions or tribunal determinations applying or construing the Act.
There is therefore no litigation history supplied in the materials provided. Practitioners seeking case law on interpretation, fiduciary duties of Council members, disputes over college authorisation or revocation, trust fund administration or other contested matters will need to search court databases and secondary legal resources beyond the consolidated Act text.

Implications

The absence of reported judicial authorities in the Act means that the statutory provisions remain the primary source for obligations and powers. However, general common law principles (for example fiduciary duties, trust law, principles governing corporate governance) will inform disputes arising under the Act, and cases dealing with similar university statutes or governance disputes may be informative even if not cited here.
Where the Act cross‑references other statutes (notably the Corporations Act), litigation under those statutes may influence governance outcomes under this Act through disqualification regimes or common law principles applied in other proceedings.

If litigation history is required for advice in a particular matter (for example a dispute about removal of a Council member under s.9, or about the Council’s power to authorise or revoke a college under s.23), a tailored case search should be undertaken in Victorian and federal courts and tribunals, and professional databases, because the Act itself does not provide a litigation record.

A number of provisions create traps for the unwary because they impose procedural constraints, create cross‑statutory effects, or allow Council latitude that may have consequences for stakeholders.

Appointment and eligibility constraints

Churches appoint members but are limited by eligibility rules. The Act prevents a person who is employed by the Council or a college or who is a student from being appointed (s.7(4)(a); s.7(5)). The Act also forbids appointed Council members from being members of Parliament (s.7(4)(b)). Practitioners advising appointing bodies should ensure appointees satisfy these statutory limits or the appointment could be challengeable.
There is a maximum three‑year term for appointments, with termination on 31 December in the final year, and a twelve‑year cap on membership (s.8(1), (3)). A transitional exception allows the Council to pass a resolution to extend someone’s membership beyond 12 years (s.8(4)), but surplus service before 2005 may be treated differently (s.34(2)). Failure to observe term limits may create governance irregularities.

Voting exclusions and resolutions outside meetings

Conflict of interest rules bar a member from being present for deliberation or from voting on matters where they have an interest, and if they do vote that vote must be disallowed (s.16(4)). Resolutions without meetings require a majority of members to sign a circulated document (s.18(1)), but s.18(4) explicitly excludes conflicted members from counting as members for such a resolution. Using circular resolutions without careful conflict checks can invalidate decisions or lead to internal disputes.

Removal process rigour

The Council may only remove a member if satisfied the member has failed to comply with their responsibilities and removal requires a notice procedure and a two‑thirds majority (s.9(5)-(7)). Any failure to follow the procedural protections (notice, opportunity to make submissions) could render removal invalid and expose the Council to challenge.

Trust common funds and administrative commission

The Council may pool trust funds into investment common funds and may deduct a commission of up to 5% of annual income for administration (s.19A(3)-(9)). However, the Act prohibits bringing a trust into a common fund where the securities in the common fund are outside what the trust fund is authorised to hold (s.19A(5)). Placing a restrictive trust into a common fund without checking authorised investments could breach the trust instrument or result in liability.

Delegation limits

The Council may delegate many powers but not the power to make regulations or the power of delegation itself (s.18A). Delegation practice therefore requires attention: delegating a power that the Council lacks authority to delegate would be ineffective, and excluding regulatory power from delegation centralises rule‑making with the Council.

Validation and indemnity

The Act validates acts despite vacancies or defects of appointment (s.11). That reduces the scope for challenging acts on formal appointment technicalities but may also conceal substantive irregularities. The indemnity in s.18B protects members and committee members for acts done in good faith, reducing personal civil exposure but not shielding intentional or bad faith misconduct.

Regulation‑making and urgency

Regulations affecting courses must be submitted to the Academic Board for report, but the Council can declare a regulation urgent and make it without the Academic Board's report; such a regulation expires after six months unless sooner revoked (s.31(1)-(3)). Using the urgency power repeatedly without Academic Board input risks academic governance tensions.

Transitional name and award timing

Awards conferred before and after particular dates must be in different institutional names (s.41). Conferring awards in the wrong name could create administrative confusion or challenge. Transitional provisions convert prior designations and continue officeholders (ss.35-42), but advisers should ensure corporate documents, seals and references are updated consistently.

Publication and notice requirements

Regulations must be published and supplied on request subject to a prescribed charge (s.32(3)). Failure to properly publish or supply regulations could create procedural defects. Notice of special meetings requires at least four clear days (s.13(2)), and the Council must give seven clear days' written notice for regulations according to s.32(1). Non‑compliance with notice rules can invalidate regulatory changes.

Limited penal sanctions

Because the Act lacks explicit criminal penalties for many failures, enforcement relies on internal governance, audit and external legal remedies. Parties may therefore face protracted internal resolution processes rather than immediate statutory sanctions.

In practice these “gotchas” highlight the need for careful governance processes: appointment vetting, strict compliance with conflict disclosure and voting rules, respect for removal procedures, thorough handling of trust instrument terms before pooling investments, and observance of formal notice and publication requirements for regulations and meetings.

This section provides a practical compliance checklist and steps for key actors including the Council, College executives, Council appointees and trust administrators. Each item cites the governing provision.

For the Council

Hold at least four ordinary meetings per year and set times and places by regulation or Council resolution (s.12(1)-(2)). Ensure special meetings have at least four clear days' written notice specifying the business (s.13(1)-(3)).
Maintain proper minutes, record declarations of interests in minutes and keep copies of all regulations (s.30(a)-(b); s.16(3); s.32(3)).
Ensure quorum rules are observed; a majority of members currently holding office constitutes a quorum (s.15(4)). Chair meetings as required; the Chancellor presides, Deputy Chancellor in absence, otherwise members elect a chair (s.15(1)-(2)).
Keep proper accounts and records at the office or other Council‑approved location, make them available for inspection by Council members and appointees authorised by the Council, and cause annual audits by a registered company auditor (s.20(1)-(3)).
Appoint an external auditor and an audit committee with at least three members who are not staff or students and with a chair who is not staff or student (s.6(2)(e)-(f)).
Ensure the Council appoints and monitors the Vice‑Chancellor and provides for appointment, remuneration and removal of officers in accordance with the regulations (s.6(2)(a); s.19(1)-(2); s.30(f)).

For Council members and appointing bodies

Verify eligibility before appointment: appointees must not be students or employees of the Council or a college, and must not be members of Parliament (s.7(4)-(5)). Ensure financial and commercial expertise requirements are met for specified positions (s.7(3)).
Time appointments to respect term rules: appointments are for up to three years and terminate on 31 December of the final year; plan renewals so that retirements fall into an orderly rotation (s.8(1)-(2)). Track the twelve‑year membership cap and seek the Council resolution under s.8(4) where relevant.
Make and record written appointment certificates where a church appoints a member; the recognised head's certificate is conclusive evidence (s.10).
Declare interests promptly at meetings or in writing to the Chancellor and ensure records are entered in the minutes; absent disclosure, apply the exclusion and voting rules in s.16(4) (s.16(1)-(4)).

For colleges and academic staff

If authorised to teach University awards, be prepared to provide curricula, staff qualifications, student views and other information the Academic Board or Council requires for evaluation or quality assurance (s.23(2)-(3)).
Observe fees and other conditions the Council sets under regulations; the Council may impose fees on colleges and for services, enrolment and facilities (s.30(ib); s.30(k); s.30(la)).
Expect Academic Board oversight and comply with reporting and assessment requirements; regulations affecting courses should be channelled through Academic Board for report unless urgently declared (s.20A; s.21; s.31).

For trustees and donors

Where funds are given on trust, check whether the trust instrument permits participation in an investment common fund; do not assume the Council can pool the trust if the trust limits authorised investments (s.19A(3)-(5)). If trust funds are pooled, expect periodic income distribution and a potential administration commission of up to 5% of annual income (s.19A(6)-(9)). Ensure the trust deed is reviewed to confirm whether additional charges are permitted beyond the commission (s.19A(10)).

For secretarial and compliance officers

Publish regulations and supply copies on request subject to a prescribed charge (s.32(3)). Keep verified copies of regulations under the common seal as evidence of authenticity (s.32(2)).
Provide notices by personal service, prepaid post or electronic transmission as permitted under s.33; make use of the Electronic Transactions Act where appropriate (s.33; s.33 note).
Maintain registers for Council member appointments, terms and attendance records to identify grounds for vacation of office such as failure to attend three consecutive meetings without approval (s.9(4)(b)).

For risk management

Implement controls required by s.6(2)(i) to maintain a general overview of entities controlled by the University in line with s.50AA of the Corporations Act; ensure consolidated reporting and risk oversight across controlled entities.
Ensure that delegated powers comply with s.18A: the Council may delegate many powers but not the power to make regulations nor the power of delegation itself (s.18A(a)-(b)). Implement delegation instruments and keep delegation registers.

For dispute avoidance and member removal

Follow the statutory removal procedure precisely: give notice at an ordinary meeting with grounds, deliver notice to the member, provide opportunity to make submissions and obtain a two‑thirds majority for removal (s.9(7)(a)-(e)). Keep contemporaneous records of the process to reduce risk of successful procedural challenge.

Transitional compliance

Align corporate and public references to the University name as required by ss.35-36 and adjust documentary templates, seals and award forms with attention to s.41 which prescribes the name to be used for awards depending on when the conditions for the award were met.

This checklist should be adapted to the University’s regulations and any external regulatory obligations not enumerated in the Act (for example Commonwealth higher education reporting and quality assurance requirements). Regular reviews of compliance processes against the Act’s notice, publication, delegation and trust management provisions will reduce governance risk.

University of Divinity Act 1910

Plain English Summary

Deep Dive

What it does

Current sections

University of Divinity Act 1910

Source text: opening excerpt

1 University of Divinity Act 1910

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply