What it does
The University of Melbourne Act 2009 re-enacts with amendments the law relating to The University of Melbourne, replacing the Melbourne University Act 1958 and other disparate legislation. Its main purposes, stated in section 1, are to rationalise obsolete and disparate legislation and to provide a new Act reflecting best practice and a consistent approach to governance and reporting for universities in Victoria. The Act declares that The University of Melbourne was established on 11 April 1853 and confirms its continued existence as a body politic and corporate under the name “The University of Melbourne” (section 4). It sets out the objects of the University in section 5, which include providing excellent higher education at an international standard, undertaking scholarship and research of international standing, equipping graduates to excel, serving the community, involving Aboriginal and Torres Strait Islander people, reflecting equity and social justice, conferring degrees and granting awards, and utilising expertise and resources commercially or otherwise. The Act establishes the Council as the governing body with general direction and superintendence of the University (section 8). It specifies the Council’s primary responsibilities: appointing and monitoring the Vice-Chancellor, approving mission and strategic direction, overseeing management, establishing policy and procedural principles, approving systems of control and accountability, overseeing risk assessment and management, monitoring academic activities, and approving significant university commercial activities (section 8(3)). The Act confers on the Council power to make university statutes and university regulations on a wide range of matters (Part 5), including discipline, employment, degrees, elections, and commercial activities. It also provides for property, finance, trust funds, joint ventures, and guidelines for commercial activities (Part 6). The Act repeals the old Act and contains extensive transitional provisions (Part 8 Divisions 3-6) to ensure continuity of the University, Council, staff, affiliated colleges, statutes, and gifts. The Act was assented to on 1 December 2009 and came into operation on 1 July 2010. It has been amended by several subsequent Acts, most notably by the Education Legislation Amendment (Governance) Act 2012 (No. 73/2012) which restructured Council membership, and the Education Legislation Amendment (TAFE and University Governance Reform) Act 2015 (No. 69/2015) which introduced elected members of the Council.