retrieval-0003Document excerpt 3

proof to the contrary, that the common seal was duly affixed to the document. 14—Validity of acts and decisions of Council An act or decision of the Council is not invalid by reason only of a vacancy in its membership or on the ground of any defect in the appointment or election of a member. 15—Delegation by Council (1) The Council may delegate any of its powers or functions— (a) to a member of the Council; or (b) to an employee of the University; or (c) to the holder of a particular office or position in the University; or (d) to any committee of the Council or the University. (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the Council to act in any matter; and (d) is revocable at will by the Council. 15A—Duty of Council members to exercise care and diligence etc A member of the Council must at all times in the performance of his or her functions— (a) exercise a reasonable degree of care and diligence; and (b) act in the best interest of the University. 15B—Duty of Council members to act in good faith etc (1) A member of the Council must at all times act in good faith, honestly and for a proper purpose in the performance of the functions of his or her office, whether within or outside the State. (2) A member of the Council must not improperly use his or her position to gain an advantage for himself or herself or another person, whether within or outside the State. (3) Subsection (1) does not apply to conduct that is merely of a trivial character and does not result in significant detriment to the interest of the University. 15C—Duty of Council members with respect to conflict of interest (1) A member of the Council who has a direct or indirect personal or pecuniary interest in a matter decided or under consideration by the Council— (a) must, as soon as is reasonably practicable, disclose in writing to the Council full and accurate details of the interest; and (b) must not take part in any discussion by the Council relating to that matter; and (c) must not vote in relation to that matter; and (d) must be absent from the meeting room when any such discussion or voting is taking place. (2) A member of the Council will not be taken to have a direct or indirect interest in a matter for the purposes of this section by reason only of the fact that the member has an interest in the matter that is shared in common with staff members, graduates or students of the University generally, or with a substantial number of staff members, graduates or students of the University. (3) If a member of the Council makes a disclosure of interest and complies with the other requirements of subsection (1) in respect of a proposed contract— (a) the contract is not liable to be avoided by the University; and (b) the member of the Council is not liable to account to the University for profits derived from the contract. (4) If a member of the Council fails to make a disclosure of interest or fails to comply with any other requirement of subsection (1) in respect of a proposed contract, the contract is liable to be avoided by the University. (5) A contract may not be avoided under subsection (4) if a person has acquired an interest in property the subject of the contract in good faith for valuable consideration and without notice of the contravention. (6) If a member of the Council has or acquires a personal or pecuniary interest, or is or becomes the holder of an office, such that it is reasonably foreseeable that a conflict might arise with his or her duties as a member of the Council, the member must, as soon as is reasonably practicable, disclose in writing to the Council full and accurate details of the interest or office. (7) A disclosure under this section must be recorded in the minutes of the Council. (8) Without limiting the effect of this section, a member of the Council will be taken to have an interest in a matter for the purposes of this section if a relative of the member has an interest in the matter. (9) This section does not apply in relation to a matter in which a member of the Council has an interest while the member remains unaware that he or she has an interest in the matter, but in any proceedings against the member the burden will lie on the member to prove that he or she was not, at the material time, aware of his or her interest. (10) In this section— domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; relative of a member means the spouse, domestic partner, parent or remoter linear ancestor, son, daughter or remoter issue or brother or sister of the member; spouse—a person is the spouse of another if they are legally married. 15D—Removal of Council members for contravention of section 15A, 15B or 15C Non-compliance by a member of the Council with a duty imposed under section 15A, 15B or 15C will be taken to be serious misconduct and a ground for removal of the member from office. 15E—Civil liability for contravention of section 15B or 15C If a person who is a member of the Council or a former member of the Council is guilty of a contravention of section 15B or 15C, the University may recover from the person by action in a court of competent jurisdiction— (a) if the person or any other person made a profit as a result of the contravention—an amount equal to the profit; and (b) if the University suffered loss or damage as a result of the contravention—compensation for the loss or damage. Division 2—The Vice Chancellor and staff 16—Vice Chancellor (1) There will be a Vice Chancellor of the University. (2) The Vice Chancellor is the principal academic and chief executive officer of the University and is responsible to the Council for the academic standards, management and administration of the University. (5) The Council must, from time to time as occasion requires, appoint a person to be Vice Chancellor, on terms and conditions determined by the Council. 17—Staff (1) The Council may appoint such staff as it thinks fit for the proper and efficient operation of the University. (2) The appointment of staff will be on such terms and conditions as the Council may determine. Part 4—Miscellaneous 18—Annual report (2) The Council must, not later than 30 June in each year, present to the Minister a report on the operation of the University during the year ending on the preceding 31 December. (3) The report must include a copy of the audited accounts of the University, and of every statute of the University confirmed by the Governor during the year ending on the preceding 31 December. (4) The Minister must, within 12 sitting days of receiving a report under this section, cause a copy of the report to be laid before each House of Parliament. 19—Audit The accounts of the University may at any time, and must at least once in each year of operation of the University, be audited in such manner as the Governor may direct. 21—Exemption from land tax Any land in respect of which the University would, but for this section, be liable to pay land tax is exempt from that tax. 24—Power to make statutes (1) The Council may make, alter and repeal statutes for all or any of the following purposes, or with respect to all or any of the following matters: (a) the conduct of the business and proceedings of the Council; and (b) the election of members of the Council; and (c) the appointment and dismissal of staff; and (d) the terms and conditions upon which the Chancellor, Deputy Chancellor, the Vice Chancellor or any other member of the Council, or officer or employee of the University, holds office; and (e) the management and organisation of the University; and (f) the qualification required for admission to any course of education provided by the University and the credits to be given for the purposes of any such course in respect of work completed elsewhere; and (g) the conferring of fellowships, degrees, diplomas, certificates, scholarships, exhibitions, prizes or other awards; and (h) the imposition, collection, application and administration of fees in relation to anything done by the University; and (i) the abatement or waiver of fees; and (j) courses of instruction, lectures and classes to be provided by the University; and (k) examinations and other methods of assessing the academic attainments and performance of students; and (l) residential accommodation for students and licensing of boarding houses for students; and (m) the establishment and management of branches of the University; and (n) co-operation between the University and any other university, college or educational institution, and the affiliation of educational institutions with the University; and (o) the maintenance of good order and discipline in the University; and (p) the establishment of a board of discipline and its practice, procedure, jurisdiction and powers (which may include powers to punish by a monetary penalty, by expulsion or suspension from the University or by exclusion from rights, privileges or benefits conferred by or arising under this Act or the statutes); and (q) the establishment of an appellate committee and its practice, procedure, jurisdiction and powers; and (r) the establishment and administration of a fund for the purpose of assisting students in necessitous circumstances; and (s) any other matter affecting the administration of the University. (2) A statute made pursuant to this Act— (a) must be submitted to the Governor for confirmation; and (b) takes effect on the day on which it is confirmed by the Governor or on a later day prescribed in the statute. (3) The Subordinate Legislation Act 1978 does not apply to or in relation to a statute made under this section. (5) A monetary penalty imposed for an offence against a statute is a debt due to the University and is recoverable by the University by action in a court of competent jurisdiction. 25—Power to make by-laws (1) The Council may make, alter and repeal by-laws for all or any of the following purposes: (a) to prohibit persons from trespassing on the University grounds, and to provide for the removal of trespassers from those grounds by persons authorised in writing by the Council; and (b) to prevent damage to the University grounds (including any fixtures, chattels, trees, shrubs, bushes, flowers, gardens and lawns on those grounds); and (ba) to provide for the recovery by the University on complaint compensation for any damage done to the University grounds or any property of the University; and (c) to regulate the speed at which vehicles may be driven on the University grounds; and (d) to prohibit dangerous or careless driving of vehicles on the University grounds; and (e) to restrict or prohibit the driving of any vehicle on the University grounds according to the laden weight of the vehicle or any part of the vehicle; and (f) to prescribe the route to be followed by traffic on roads, ways or tracks within the University grounds, and the gates to be used for the entrance and exit of vehicles and pedestrians, and to require the observance of one-way traffic rules on specified roads, ways or tracks; and (g) to prohibit or regulate the parking of vehicles on the University grounds, and to provide for the removal of vehicles from the University grounds; and (h) to require drivers or persons in charge of vehicles on the University grounds to comply with traffic directions (which may include directions as to the speed of vehicles, the course and direction of vehicles, the parking or standing of vehicles, and other matters required for order or safety); and (i) generally to regulate traffic of all kinds on the University grounds; and (j) to prohibit disorderly or offensive behaviour on the University grounds and to provide for the removal from those grounds of persons guilty of disorderly or offensive behaviour in the contravention of the by-laws by persons authorised in writing by the Council; and (k) to regulate, restrict or prohibit the bringing of animals onto the University grounds and the handling of animals while within the grounds; and (l) to regulate, restrict or prohibit within the University grounds the consumption or use of alcoholic liquor, tobacco or other substances, and the bringing of alcoholic liquor, tobacco or other substances onto those grounds, and to provide for the removal of intoxicated persons from those grounds by persons authorised in writing by the Council; and (m) to provide for the seizure and confiscation of alcoholic liquor, tobacco or other substances that have been brought onto the University grounds in contravention of a by-law by persons authorised in writing by the Council; and (n) to prevent persons from climbing on fences or buildings, or walking over gardens or lawns; and (o) to regulate the conduct of meetings on the University grounds; and (p) to prevent the interruption of lectures, classes or meetings by noise or unseemly behaviour (whether within or outside buildings) and to prevent undue noise from motor vehicles; and (q) to prescribe fees for the parking of motor vehicles on the University grounds and provide for the recovery of those fees; and (r) to fix expiation fees, not exceeding $80, for alleged offences against the by-laws; and (s) to prescribe fines, not exceeding $1 250, for contravention of any by-law; and (t) to prescribe any other matters expedient for the maintenance of good order on the University grounds or for the protection of property or for the prevention of hindrance to or interference with any activities conducted on the University grounds. (2) A by-law operates generally throughout the University grounds unless its operation is expressly or by necessary implication limited to a particular part or particular parts of the University grounds. (3) The Council may only make a by‑law— (a) at a meeting of the Council of which at least 14 days prior notice has been given in writing to each member of the Council setting out the proposed by‑law; and (b) on a resolution supported by a majority of the total number of the members of the Council. (4) A by‑law must be transmitted to the Governor for confirmation. Note— A by‑law cannot come into operation until confirmed by the Governor—see section 10(7) of the Subordinate Legislation Act 1978. (5) To avoid doubt, the Subordinate Legislation Act 1978 applies to a by‑law made under this section. (6) Offences against by-laws are summary offences. (7) The statutes may provide for proceedings against students or staff of the University in respect of offences against the by-laws to be heard and determined by a board of inquiry established under the statutes and for appeals against decisions of that board of inquiry in respect of any such offences to be heard and determined by an appellate committee established under the statutes. (8) An allegation in a complaint that any specified place is within the University grounds will be taken to be proved in the absence of proof to the contrary. (9) In any proceedings relating to an offence against a by-law an allegation in the complaint that a specified person was the owner or driver of a specified vehicle on a specified day will be taken to be proved in the absence of proof to the contrary. (10) If, in any proceedings relating to an offence against a by‑law, it is proved that a vehicle was parked in the University grounds in contravention of a by‑law it will be presumed, in the absence of evidence to the contrary, that the vehicle was so parked by the owner of the vehicle. (11) Despite a provision of any other Act— (a) any fine (being a fine imposed by a board of inquiry established under the statutes) recovered in respect of an offence against a by‑law; and (b) any expiation fee paid in relation to an expiation notice issued for an alleged offence against a by‑law, will be paid to the University. (13) In this section— driving, in relation to a vehicle, includes riding. 26—Special provisions relating to statutes and by-laws (1) Where a statute or by-law has been confirmed by the Governor and published in the Gazette all conditions precedent to the making of the statute or by-law will be conclusively presumed to have been fulfilled. (2) A statute or by-law cannot take away or restrict any civil or criminal liability under any other Act or at common law. (3) Where an act or omission is an offence against a statute and a by-law, the offender may be charged and punished either under the statute or by-law, but not under both. 27—Immunity from civil liability (1) Subject to this Act, no civil liability attaches to a member of the Council for an act or omission in the exercise or purported exercise of official powers or functions. (2) An action that would, but for subsection (1), lie against a member of the Council lies instead against the University. (3) This section does not prejudice rights of action of the University in respect of an act or omission not in good faith. Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Repeal of Act The University of South Australia Act 1990 was repealed by Sch 1 cl 1 of the Adelaide University Act 2023 on 31.3.2026. Principal Act and amendments Year No Title Assent Commencement 1990 60 University of South Australia Act 1990 29.11.1990 1.1.1991 (Gazette 13