retrieval-0002Document excerpt 2

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the University of South Australia Act 1990. 3—Interpretation In this Act, unless the contrary intention appears— the Academic Board means— (a) the board established by the Council under that title; or (b) if another body is prescribed by the statutes of the University for the purposes of this definition, that other body; academic staff means those employees of the University who are classified by the Council as members of the academic staff; the Council means the Council of the University established under Part 3; the general staff means those employees of the University who are classified by the Council as members of the general staff; graduate means a person on whom the University has conferred an academic award, including an honorary award and an award conferred jointly with another university or another body under section 6; logo means a design (the copyright of which is vested in the University) declared under this Act to be a logo; official insignia means a logo, an official symbol or an official title; official symbol means a combination of a logo and an official title; official title means a name or title declared under this Act to be an official title; postgraduate student means a student enrolled at the University in a course designated by the statutes to be a postgraduate course; undergraduate student means a student enrolled at the University in a course designated by the statutes to be an undergraduate course; student means a person enrolled at the University as an undergraduate or postgraduate student of the University; the University means the University of South Australia established under this Act; the University grounds means all land owned or occupied by the University or of which the University has the care, control and management. Part 2—The University 4—Establishment of the University (1) The University of South Australia is established. (2) Subject to section 6, the University is a body corporate invested with full juristic capacity and unfettered discretion, subject to the laws of this State, to conduct its affairs in the manner it thinks fit. (3) The University is not an instrumentality or agency of the Crown. 5—Functions of the University (1) The functions of the University are as follows: (a) to preserve, extend and disseminate knowledge through teaching, research, scholarship, consultancy or any other means; and (b) to provide tertiary education in such disciplines and areas of study as the University thinks appropriate to meet the needs of industry, commerce, the professions or any other section of the community; and (c) to provide such tertiary education programmes as the University thinks appropriate to meet the needs of the Aboriginal people; and (d) to provide such tertiary education programmes as the University thinks appropriate to meet the needs of groups within the community that the University considers have suffered disadvantages in education; and (e) to provide educational programmes for the benefit of the wider community or programmes for the enhancement of the diverse cultural life of the community, as the University thinks fit; and (f) to foster and further an active corporate life within the University; and (g) to perform any functions that are ancillary or incidental to the functions referred to in the preceding paragraphs. (2) The University must strive for excellence in teaching and research and for attainment of the highest standards in education. 6—Powers of University (1) The University— (a) may confer, in accordance with the statutes of the University, appropriate academic awards on those persons who have attained the standards approved by the University; and (b) may confer, in accordance with the statutes of the University, honorary awards on persons who the University thinks merit special recognition by the University; and (c) may permit a graduate of the University, for any reason the University thinks fit, to surrender an academic or other award previously conferred on him or her by the University. (1a) The power to confer academic awards under subsection (1) includes the power to confer academic awards jointly with— (a) another university; or (b) a registered training organisation; or (c) another body specified in regulations made under subsection (1b). (1b) The Governor may, on the recommendation of the Council, make regulations for the following purposes: (a) specifying a body for the purposes of subsection (1a); (b) excluding a registered training organisation from the ambit of the definition of registered training organisation. (2) The University may exercise its powers within or outside the State (including outside Australia). (3) The University must not alienate (except by way of lease for a term not exceeding 21 years), mortgage or charge land vested in or conveyed to the University on trust except with, and in accordance with any terms or conditions of, an approval given by the Governor. (4) To avoid doubt, subsection (3) does not confer any power to alienate land contrary to the terms of a trust relating to the land. (5) In this section— registered training organisation has the same meaning as in the South Australian Skills Act 2008 but does not include a training organisation excluded from the ambit of this definition by regulations made under subsection (1b). 7—Principles to be observed by the University (1) Principles for the sound and fair management of the University and its staff must be established and regularly reviewed by the Council, and those principles must be observed at all times in the administration of the University. 8—Internal organisation of the University (1) The University will have such units or divisions for the different areas of learning as the Council thinks fit. (2) There must be continued and maintained within the University— (a) the De Lissa Institute of Early Childhood and Family Studies; and (b) the South Australian School of Art. 9—Student associations (1) The Council may approve the formation of any association of students, or students and staff, of the University that is to be formed for the purposes of promoting the interests of students, or of students and staff. (2) Such an association of students, or of students and staff, of the University cannot adopt a constitution or rules, or alter its constitution or rules, unless the proposed constitution or rules, or the proposed alteration, has been approved by the Council. 9A—Charitable funds for students The University may establish a fund to be applied towards assisting students of the University who are in necessitous circumstances. 9B—Declaration of logo and official titles (1) The Minister may, by notice in the Gazette, declare a design to be a logo in respect of the University. (2) The University of South Australia and UniSA are official titles. 9C—Protection of proprietary interests of University (1) The University has a proprietary interest in all official insignia. (2) A person must not, without the consent of the University, in the course of a trade or business— (a) use a name in which the University has a proprietary interest under this section for the purpose of promoting the sale of services or the provision of any benefits; or (b) sell goods marked with official insignia; or (c) use official insignia for the purpose of promoting the sale of goods or services. Maximum penalty: $20 000. (3) A person must not, without the consent of the University, assume a name or description that consists of, or includes, official insignia. Maximum penalty: $20 000. (4) A consent under this section— (a) may be given with or without conditions (including conditions requiring payment to the University); and (b) must be given in writing addressed to the applicant for the consent; and (c) may be revoked by the University for a breach of a condition by notice in writing given personally or by post to a person who has the benefit of the consent. (5) The Supreme Court may, on the application of the University, grant an injunction to restrain a breach of this section. (6) The court by which a person is convicted of an offence against this section may, on the application of the University, order the convicted person to pay compensation of an amount fixed by the court to the University. (7) Subsections (5) and (6) do not derogate from any civil remedy that may be available to the University apart from those subsections. Part 3—Administration of the University Division 1—The Council 10—Establishment of Council (1) The Council of the University is established. (2) The Council is the governing body of the University and has the following as its primary responsibilities: (a) appointing the Vice-Chancellor as the chief executive officer of the University, and monitoring his or her performance; (b) approving the mission and strategic direction of the University, as well as the annual budget and business plan; (c) overseeing and reviewing the management of the University and its performance; (d) establishing policy and procedural principles, consistent with legal requirements and community expectations; (e) approving and monitoring systems of control and accountability, including general overview of any entities controlled by the University (within the meaning of section 50AA of the Corporations Act 2001); (f) overseeing and monitoring the assessment and management of risk across the University, including commercial undertakings; (g) overseeing and monitoring the academic activities of the University; (h) approving significant commercial activities of the University. (2a) The Council must in all matters endeavour to advance the interests of the University. (3) The Council will consist of the following members: (a) the Chancellor and the Vice-Chancellor who will be members of the Council ex officio; (b) the presiding member of the Academic Board who will be a member of the Council ex officio or, if the Vice-Chancellor is the presiding member of the Academic Board, a member of the Academic Board elected by the Academic Board (but that person cannot be a student of the University); (d) 8 persons appointed by the Council, on the recommendation of a selection committee (which consists of the Chancellor and 6 other persons appointed by the Chancellor in accordance with guidelines determined by the Council); (e) if the Council so determines, 1 person co-opted and appointed by the Council; (f) 1 member of the academic staff, elected by the academic staff; (g) 1 member of the general staff, elected by the general staff; (h) 2 students of the University (not being persons in the full time employment of the University), 1 of whom must be a postgraduate student and 1 of whom must be an undergraduate student, appointed or elected in a manner determined by the Council. (3a) An election of a person to the Council must be conducted in a manner, and in accordance with the procedures, determined by the Council. (4) Where a person is appointed to the Council, the appointing authority must recognise that the Council is, as far as practicable, to be constituted of equal numbers of men and women who— (a) have a commitment to education and, in particular, to higher education; and (b) have an understanding of, and commitment to, the principles of equal opportunity and social justice and, in particular, to access and equity in education. (5) Of the members of the Council appointed on the recommendation of the selection committee, at least 2 must have financial management expertise and at least 1 must have commercial expertise (demonstrated by relevant qualifications or relevant experience at a senior level in the public or private sector). (6) A member of the academic or general staff or student of the University is not eligible to be appointed to the Council by the Council. (7) A selection committee established for the purpose of making an appointment under subsection (3)(d) cannot recommend 1 of their number for appointment. 11—Term of office (1) Subject to subsection (5a), a member appointed to the Council by the Council will be appointed for a term of between 2 and 4 years to be determined— (a) in the case of a member appointed on the recommendation of a selection committee—by that selection committee; and (b) in the case of a member co-opted and appointed by the Council—by the Council. (2) A person elected by the Academic Board to the Council will be elected for a term of 2 years. (3) A member of the academic or general staff of the University elected to the Council will be elected for a term of 2 years. (4) A student of the University appointed or elected to the Council will be appointed or elected for a term of 1 year. (5) Subject to subsection (5a), at the expiration of a term of office, a member appointed or elected to the Council is eligible for reappointment or re-election. (5a) A person may not, except by resolution of the Council, be appointed or elected as a member of the Council if the appointment or election (as the case requires) would result in the person being a member of the Council for more than 12 years. (6) The Council may remove an appointed or elected member of the Council from office for— (a) mental or physical incapacity to carry out official duties satisfactorily; or (b) failing, without reasonable excuse, to comply with the Council's requirements in relation to attendance at Council meetings; or (c) conviction of an indictable offence; or (d) serious misconduct. (7) The office of an appointed or elected member becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed or re-elected; or (c) does not continue in the capacity in which he or she was appointed or elected to membership of the Council (unless the date of the next appointment or election to his or her office is within 3 months from the date on which the member ceased to continue in the capacity in which he or she was appointed or elected); or (d) resigns by notice in writing addressed to the Chancellor; or (e) is removed from the office by the Council under subsection (6); or (f) is disqualified from managing corporations under Chapter 2D Part 2D.6 of the Corporations Act 2001 of the Commonwealth. (7a) An appointed or elected member of the Council may only be removed under subsection (6)(d) by resolution passed by at least a two-thirds majority of the members of the Council. (8) If a member of the Council is appointed by the Council to the office of Chancellor or Vice-Chancellor, a casual vacancy occurs in the office held by that member. (9) On the office of an appointed or elected member of the Council becoming vacant under this section, a person must be appointed or elected, as the case may require, to the vacant office in accordance with this Act. (10) Subject to this Act, a member appointed or elected to fill a casual vacancy in the membership of the Council holds office for the balance of the term of his or her predecessor. 12—Chancellor and Deputy Chancellor etc (1) There will be a Chancellor and a Deputy Chancellor of the University. (2) The Council may appoint a member of the Council or any other suitable person to the office of Chancellor for a term of 4 years on terms and conditions fixed by the Council. (3) The Council may appoint a member of the Council to the office of Deputy Chancellor for a term of 2 years on terms and conditions fixed by the Council (but the member will cease to hold that office if, for any reason, the member ceases to be a member of the Council). (4) The Council may appoint not more than 2 Pro-Chancellors for a term of 2 years on terms and conditions fixed by the Council. (5) Neither an employee nor a student of the University is eligible for appointment as Chancellor, Deputy Chancellor or Pro-Chancellor. (6) A person who holds office as Chancellor, Deputy Chancellor or Pro-Chancellor is, on the expiration of a term of office, eligible for reappointment. 13—Procedure at meetings of Council (1) The Chancellor or, in his or her absence, the Deputy Chancellor will preside at meetings of the Council and, in the absence of both the Chancellor and the Deputy Chancellor from a meeting, the members present must elect 1 of their number to preside at that meeting. (2) A quorum of the Council is constituted by one half of the total number of members of the Council (ignoring any fraction resulting from the division) plus 1, and no business may be transacted at a meeting of the Council unless a quorum is present. (3) Each member present at a meeting of the Council is entitled to 1 vote on a matter arising for decision at the meeting, but the person presiding at the meeting has, in the event of an equality of votes, a casting vote as well as a deliberative vote. (4) A decision carried by a majority of the votes cast by the members present and voting at a meeting is a decision of the Council. (5) Subject to this Act, the proceedings of the Council may be conducted as it thinks fit. 13A—Common seal (1) The following provisions apply in relation to the common seal of the University: (a) the seal will be in a form approved by the Council; and (b) the seal must be kept in the custody of the secretary to the Council; and (c) the seal can only be affixed to a document pursuant to a resolution of the Council to that effect; and (d) the affixture of the seal to a document must be witnessed by the signature— (i) in the case of an academic award—of the Chancellor or the Vice Chancellor; and (ii) in any other case—of both the Chancellor or his or her nominee and the Vice Chancellor or his or her nominee; and (e) where an apparently genuine document purports to bear the common seal of the University and appears to be duly witnessed, it will be presumed in any legal proceedings, in the absence of