Establishes the University of Southern Queensland as a corporate legal entity with a seal and the capacity to sue and be sued (sec.4).
Sets out the university’s statutory functions (education, research, awards, dissemination of knowledge, wellbeing resources, and commercial exploitation of university resources) (sec.5) and gives the university broad legal powers similar to those of an individual (eg, contract, property, appoint agents, set fees) (sec.6).
Creates a governing council as the university’s governing body and gives it broad powers to run the university, including appointing staff, managing property and finances (secs.7–9). The council must act to promote the university’s interests (sec.10).
Defines council membership categories (official, appointed, elected, additional), how members are chosen, terms of office, casual vacancy rules and limits on total time as a member (secs.12–24, 20A–22, 23). Appointed members are chosen by the Governor in Council on the Minister’s recommendation (sec.14; transitional sec.79).
Permits delegation by the council to qualified council members, committees or staff, but forbids delegating the power to make the election policy or adopt the annual budget (sec.11).
Requires an election policy for council elections, with mandatory integrity and voting protections (secret ballot, single vote per person, eligibility checks), and publishes that policy on the university website (secs.26AA–26AC, 26AB).
Establishes member duties (honesty, reasonable skill, disclosure of conflicts, no improper use of position) and gives the council the power to remove members if at least nine members are satisfied there has been non‑compliance or a conduct breach (secs.26A, 26B).
This Act establishes the University of Southern Queensland as a corporate body with university functions, governance structures, property and financial rules, and offences and powers for on-campus conduct. It sets out the university’s objects and powers (ss 4-6), creates and prescribes the composition, powers and duties of the governing council (ss 7-11, 12-29), and provides for key university officers, including the chancellor, deputy chancellor and vice-chancellor (ss 30-32). The Act also creates two connected bodies: the University of Southern Queensland Student Guild (ss 33-37) and, at council discretion, an academic board (ss 39, 39A). It confers commercial and corporate powers on the university (s 60), declares the university a statutory body for Queensland financial statutes (ss 49-50), and sets rules for trust property, investment common funds and the university’s application of revenue (ss 41-53).
The Act prescribes electoral and governance arrangements for council membership, including categories (official, appointed, elected, additional), terms of office, casual vacancy rules, eligibility and disqualification, and removal procedures (ss 12-26B, 26AA-26AC). It requires an election policy and website publication for council elections (s 26AA), and provides specific transitional and amendment provisions dealing with prior legislation and staged changes (Parts 8 and numerous transitional sections).
The Act gives operational powers to authorised persons for traffic and conduct control on university land, provides machinery for seizure, detention and disposal of illegally parked or abandoned vehicles, and penalises non-compliance with regulatory and information notices (schedule 1, sch.1-pt.1 to pt.3). It creates disclosure, privacy and confidentiality obligations tied to criminal-history checks and notification duties for members and ministerial processes (ss 61B, 61D, 61E). It also provides limited personal liability protection for members acting honestly and without negligence (s 61A). The Governor in Council retains regulation-making power (s 63). The Act repeals the 1989 Act and contains extensive transitional provisions to carry forward assets, liabilities, contracts, staff rights and existing instruments (ss 66-76, Pt 8).
Current sections
Direct links to the current provisions in University of Southern Queensland Act 1998.
153
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Provides for the offices of chancellor, deputy chancellor and vice‑chancellor (appointment, terms, functions) and sets special eligibility, removal and restoration rules for those offices (secs.30–32, 39C–39F).
Allows the university to establish the student guild as a corporate body, to have a constitution (which the council must approve), and to exercise powers similar to an individual (secs.33–37).
Gives the council power to amend or re‑designate the purpose of property held on trust for the university where the original donor’s purpose has been achieved, is impossible or inadequate, subject to written scheme and notice requirements (secs.40–45).
Confirms State land dealings are governed by the Land Act but allows the university to grant interests only by lease (and certain trustee leases up to 100 years where appropriate), and treats reserves referencing ‘university’ as including activities consistent with the university’s statutory functions (sec.48).
Declares the university a statutory body for financial legislation and prescribes financial rules such as annual budgeting, control of spending, trust funds, and an investment common fund (secs.49–55, 51–54).
Authorises the university to form, join or manage corporations to pursue objects consistent with university functions (eg, commercialising research, providing services), and to enter into agreements with such corporations (sec.60).
Creates a schedule of powers for authorised persons and university control of conduct and traffic on university land, including erecting regulatory notices, directing people to leave, seizing, holding and disposing of illegally parked or abandoned vehicles and penalising disorderly conduct (schedule 1, sch.1-sec.6–13, 9–11, 12–13).
Imposes disclosure and checking processes for criminal history and disqualification for office (requests to police with consent, destruction of reports when no longer needed) and restricts disclosure of that protected information (secs.61B–61E, 61D).
Provides civil‑liability protection for members acting honestly and without negligence and, where that protection applies, shifts liability to the university (sec.61A).
Repeals the earlier University of Southern Queensland Act 1989 and provides transitional provisions to continue offices, assets, contracts and staff entitlements (secs.66–76 and pt.8 transition sections).
Who this affects and who decides
The university (secs.4–6, 5) is the primary actor and payer for its functions and liabilities unless the law or contract says otherwise (eg, vehicle removal costs are payable by the vehicle owner where the vehicle was parked in breach of a regulatory notice—sch.1‑sec.9(6)).
The council (secs.7–11, 26A) is the principal decision‑maker on governance, delegation, budgets, appointments (subject to statutory appointment paths) and trust re‑purposing (secs.11, 41–45, 54).
The Governor in Council and the Minister exercise formal appointment and oversight roles for appointed members (sec.14; transitional sec.79) and the Minister may extend members’ terms for up to one year where necessary (sec.26C).
Students, academic and general staff are affected by election rules for elected council seats, by the student guild constitution and by conduct/traffic controls on university land (secs.15, 26AA–26AC, 33–37, sch.1).
External parties (eg, donors, tenants of State land, commercial partners) will be affected by trust amendment powers (secs.41–45), land lease rules (sec.48) and the university’s ability to form or participate in corporations (sec.60).
Why it matters (stated purpose and practical trade‑offs)
Officially the Act sets up a statutory university and a governance, financial and operational framework so the university can provide higher education, research and related services (sec.4–6, 5). That is the Act’s stated purpose.
Practical trade‑offs and implementation issues evident from the Act:
Centralisation vs local autonomy: the Governor in Council and the Minister retain appointment and extension powers for appointed members (sec.14, 26C, transitional sec.79). This creates a channel for external influence over council composition, while the council retains broad powers over operations (secs.8–9). Who decides is therefore split between the council and the executive (Minister/Governor in Council).
Compliance and administrative burden: the council must create and publish an election policy with detailed integrity requirements (sec.26AA). That imposes administrative work and compliance processes on the university (designing secure voting systems, eligibility checks, complaints handling).
Discretion and risk of contest: the council has discretion to re‑designate trust property when donor purposes are achieved or impractical (secs.41–45). That gives the council practical flexibility but creates a risk of donor or public dispute if stakeholders disagree with the new designated purpose; the Act requires a written scheme and notice requirements, which partly manage the risk (secs.41, 44).
Financial transparency and public accountability: the university is a statutory body for financial legislation (secs.49–50). That ties the university to public finance rules (budget adoption, spending control, trust handling) but also imposes accountability obligations and limits.
Effects on private enterprise and commercialisation: the university may exploit and commercialise research and resources and form or manage corporations for those purposes (sec.5(h), sec.60). That enables revenue generation and partnerships but raises governance questions about conflicts, transparency and how university resources are used commercially.
Enforcement and individual rights on campus: authorised persons can direct people to leave, control traffic, and seize vehicles in certain circumstances (sch.1‑sec.6, 7, 9). These powers impose obligations on visitors and vehicle owners and include civil and financial consequences (penalties, costs recovery).
Information and privacy trade‑offs: the Act permits criminal history checks with consent for appointment decisions (sec.61B) and obliges members to disclose certain convictions or disqualifications with a penalty for non‑compliance (sec.61D). It limits further disclosure of those reports but permits necessary internal sharing; there are penalties for unauthorised disclosure (sec.61E). These provisions balance selection and reputational safeguards against confidentiality risks and administrative overhead.
Who pays and who bears costs
The university pays costs associated with operating, defending and insuring its governance and activities; it also absorbs civil liability that would otherwise attach to members acting honestly and without negligence (sec.61A).
Owners of vehicles parked in contravention of regulatory notices must pay seizure/removal/holding/return costs demanded by the university (sch.1‑sec.9(6)). Sale proceeds of unclaimed vehicles cover university expenses first (sch.1‑sec.11).
Donors and trust beneficiaries are affected where the council re‑designates trust purposes; the council carries implementation responsibility (secs.41–45).
Key implementation levers and compliance points
Election policy publication and observance (secs.26AA–26AC).
Member duties, disclosure obligations and the council’s removal mechanism requiring a supermajority of members (secs.26A, 26B, 61D).
Minister’s limited power to extend terms for up to one year (sec.26C) and to approve appointments despite convictions in certain circumstances (sec.25).
Financial controls and statutory body status under financial legislation (secs.49–55).
Campus conduct and traffic enforcement via authorised persons and visible regulatory notices (schedule 1).
Concrete potential costs, incentives and risks (mechanisms, not judgments)
Incentive to commercialise: statutory permission to exploit research and form corporations (sec.5(h), sec.60) creates an institutional incentive to generate revenue from intellectual property and services; the council manages the arrangements (sec.9).
Administrative cost: creating and running secure elections, handling criminal history reports and destroying them when no longer needed (secs.26AA, 61B) impose ongoing administrative work and data management tasks.
Concentrated vs diffuse effects: appointments by Minister/Governor in Council (sec.14) concentrate appointment power in the executive; financial and operational costs of compliance are dispersed across university administration and, ultimately, may affect prices, services or staffing decisions.
Discretionary decision points with implementation risk: council discretion to re‑designate trusts (secs.41–45), to remove members (sec.26B), and to set election rules (sec.26AA) require robust internal governance to avoid disputes or legal challenges.
Source citations (examples)
Establishment and corporate status: sec.4.
Functions and powers: secs.5–6.
Council composition and elections: secs.12–16, 20A–21, 26AA–26AC.
Delegation and non‑delegable matters: sec.11.
Member duties and removal: secs.26A, 26B.
Chancellor/vice‑chancellor offices and removal/eligibility: secs.30–32, 39C–39F.
Trust amendment scheme: secs.41–45.
State land and leases: sec.48.
Financial statutory status and budgeting: secs.49–55.
Commercial activity and corporations: sec.60.
Criminal history checks, disclosure and protected information: secs.61B, 61D, 61E.
Conduct and traffic powers on campus including seizure and disposal of vehicles: schedule 1 (sch.1‑secs.6–13, 9–11).
Those who make decisions under the Act include the council, the Governor in Council for appointed members, the Minister for certain appointments and extensions (ss 14, 25, 26C, 79), and the vice-chancellor for delegated operational appointments such as authorised persons (sch.1-sec.1). The Act prescribes who pays and who bears obligations: the university itself is responsible for trust management, financial controls, and costs arising from seized vehicles (ss 52, 54, sch.1-sec.9-11). Statutory penalties for non‑disclosure, improper disclosure and on‑site offences are set in the Act and schedule 1.
Main concepts
The Act organises a university as a corporate statutory entity and a multi‑layered governance machine. Core concepts are:
Corporate establishment and functions. The university is a body corporate with a seal, capacity to sue and be sued, and broad powers modelled on an individual, including contracting, property dealings and commercial exploitation of research and facilities (ss 4-6). The enumerated functions include education, research, awarding degrees, dissemination of knowledge, wellbeing of staff and students, and commercial exploitation of university resources (s 5).
Governing council as senior decision maker. The council is the university’s governing body; it exercises broad powers to appoint staff, manage affairs, property and finances, and may delegate many powers subject to explicit non-delegable matters (ss 8-11). The council must act in the way it considers most likely to promote the university’s interests (s 10).
Membership categories and election machinery. Council membership is split into official, appointed, elected and additional members (s 12). Official members include the chancellor, vice-chancellor and chairperson of the academic board (s 13). Appointed members are appointed by the Governor in Council on ministerial recommendation (s 14, cf s 79 transitional). Elected members comprise representatives of academic staff, general staff and students, elected under an election policy the council must make and publish (ss 15, 26AA-26AC). Additional members are council appointments with constraints on eligibility and a requirement that at least one be a graduate (s 16).
Duties and conduct obligations. Members must ensure the council performs appropriately, act honestly and in the university’s best interests, exercise reasonable skill, and disclose conflicts; misuse of position or information to gain advantage is prohibited (s 26A). Removal mechanisms require a supermajority of members satisfied that a member has breached these duties or other conduct obligations (s 26B). Similar standards and removal powers apply to the chancellor, vice-chancellor and academic board chair (ss 39C-39D).
Electoral integrity measures. The council must publish an election policy on the university website and include provisions to secure the integrity and confidentiality of voting, secret ballots, eligibility verification, complaint resolution and publication of results (s 26AA). Elections for council must be conducted under that policy (s 26AB), and the Act limits who may vote (s 26AC).
Property, trusts and finances. The council may amend the purpose of property held on trust where donor purposes are exhausted, impracticable or inadequate and must record any scheme in writing and make it available on request (ss 40-45). The university is a statutory body for financial legislation (ss 49-50), must adopt an annual budget and control spending within it, and may create and operate trust funds and an investment common fund (ss 51-55, 52).
Campus conduct and enforcement. Schedule 1 appoints authorised persons and sets rules for traffic control, regulatory notices, seizure and disposal of vehicles, and removal of disruptive persons from university land, with specific procedural safeguards and penalties (sch.1-sec.1 to sec.13).
Interaction with other statutes. The Act expressly interacts with the Land Act 1994 for State land dealings (s 48), with the Corporations Act for exclusions and disqualification references (s 39B, s 23, s 39C), and with Queensland financial management statutes and federal personal property securities law in specified contexts (ss 49-50, sch.1-sec.11).
The Act mixes governance detail, operational instructions, and administrative safeguards. It balances internal university discretion with external appointments and ministerial roles. Provisions create duties and procedural checks for elections, trusteeship, property use, and campus order.
Who it affects
The Act affects several distinct groups, with different obligations and decision rights:
Council members and officers. Official members (chancellor, vice-chancellor, chairperson of the academic board) and other members (appointed, elected, additional) are directly affected by eligibility, terms, duties and removal rules (ss 12-20, 26A, 26B, 39C-39F). Members must disclose disqualification or conviction matters under s 61D, and are protected from civil liability for honest non-negligent acts, with residual liability shifting to the university (s 61A).
University staff and academic bodies. The vice-chancellor, as chief executive officer, holds delegated operational authority and may subdelegate to appropriately qualified staff (s 32, cf s 11(3)). Academic staff are both contributors to academic governance through the academic board and as potential elected council members (s 15, s 39). Staff employment terms are preserved in the transition provisions for staff of the former corporation (s 73).
Students. Students are included among eligible members of the student guild and are a class of elected council members (s 15, ss 33-37). Student status affects eligibility and tenure; for example, an elected student member ceases to hold office upon ceasing to be a student (s 24(1)(c)). The student guild’s constitution continues in effect, subject to council approval for amendments (s 37, s 75).
Minister, Governor in Council and police commissioner. The Governor in Council appoints the five appointed members on ministerial recommendation (s 14, s 79 transitional). The Minister may act where elections fail to produce a member (s 21) and may extend terms by notice to the council for up to one year when satisfied of necessity (s 26C). The Minister or council may request the commissioner of police for a written criminal history report about a candidate or appointee, subject to written consent (s 61B); the commissioner must comply with such requests (s 61B(3)).
Users of university land. Anyone on university land is subject to regulatory notices and traffic directions, and may be directed to leave under authorised‑person powers if they are disorderly or pose a safety threat (sch.1-sec.6-13). Vehicle owners are affected by the seizure, detention and sale processes for vehicles parked in contravention or abandoned (sch.1-sec.9-11).
Donors and trust beneficiaries. The Act allows the council to amend donor-imposed trusts when donor purposes cannot practicably be carried out and to establish schemes for designated purposes; it imposes written-record and disclosure duties in such cases (ss 41-45).
Corporations associated with the university. The university may form or participate in corporations and enter agreements for commercialisation, licensing and related activities despite the Corporations Act, subject to particular exclusions for the student guild and academic board under specified Corporations Act parts (s 60, s 39B).
Third parties contracting with the university. Suppliers, research partners and other contracting parties interact with the university’s express contracting powers, delegation regimes, and statutory financial controls under Queensland statutory financial legislation (ss 6, 11, 49-50).
Who pays and who bears risk. The university itself is the principal payer for operational costs and is the repository of civil liability when members are insulated by s 61A(2). Costs tied to seized vehicles may be charged to the vehicle owner where contraventions are established (sch.1-sec.9(6)), and proceeds of sale are applied in priority to seizure and sale expenses and registered security interests under the Personal Property Securities Act 2009 (sch.1-sec.11). The Minister and Governor in Council bear appointment and extension decision functions, and the university is responsible for complying with financial management duties imposed by other Acts (ss 49-50).
Key duties and rights
The Act contains explicit duties for institutional governance, member conduct, financial management, and operational practice, and it confers corresponding rights and powers.
Council duties and rights
Primary governing duty. The council is the governing body and must act in the way the council considers most likely to promote the university’s interests (ss 8-10). It has broad powers to manage affairs, property and finances, and may do anything necessary or convenient to perform its functions (s 9).
Non-delegable items. The council may delegate most powers to qualified council members, committees or university staff, but may not delegate the power to make an election policy or adopt the annual budget (s 11).
Removal and discipline. The council may remove elected, appointed or additional members if at least nine members are satisfied a member has not complied with duties, including s 26A(2), or a conduct obligation. The council must give notice and reasons and copy the Minister where necessary (s 26B).
Member duties and rights
Statutory duties. Members must ensure the council performs appropriately and efficiently; act honestly and in the university’s best interests; exercise reasonable skill, care and diligence; disclose conflicts to council; and not misuse position or information to gain an advantage (s 26A).
Liability protection. A member is not civilly liable to someone for an act or omission done honestly and without negligence under the Act; that liability attaches instead to the university (s 61A).
Disclosure obligations. Members who are disqualified from managing corporations or convicted of relevant indictable offences must immediately notify the appropriate officer, subject to a maximum penalty of 100 penalty units, and the notice must include specified particulars (s 61D).
Electoral duties and rights
Election policy rule. The council must make and publish an election policy that secures voting integrity and provides for secret ballots, eligibility verification, complaint resolution and publishing results (s 26AA). Elections under s 15 and 20A must be held under that policy (s 26AB).
Eligibility to vote. Only eligible persons for the specific class and persons meeting the election policy requirements may vote (s 26AC).
Officer powers and duties
Vice-chancellor. Appointed by council, the vice-chancellor is the chief executive and may exercise powers conferred by the Act or the council and may delegate powers to appropriately qualified staff (s 32). The vice-chancellor handles authorised person appointments under the schedule (sch.1-sec.1).
Chancellor and deputy chancellor. The council elects the chancellor; the deputy chancellor is elected from members and acts when the chancellor is absent (ss 30-31).
Financial duties and rights
Budget and financial control. The council must adopt an annual budget and control spending as nearly as possible within the approved budget. The council must review bequests, donations and special grants annually and their spending (s 54).
Trusts and investments. The council may set up schemes to use trust property for designated purposes where donor purposes have been fulfilled or no longer apply. It may establish an investment common fund and allocate income among component funds with particular rules for income used for stated purposes (ss 41-45, 52).
Operational and campus rights and duties
Authorised persons and enforcement. The vice-chancellor may appoint authorised persons with identity cards and limited powers. Authorised persons may control traffic, issue directions to persons on university land, seize illegally parked or abandoned vehicles, and direct persons to leave for disorderly conduct. Those subject to directions must comply unless they have a reasonable excuse; penalties are specified (sch.1-sec.1-13).
Regulatory notices. The university may erect regulatory notices and information notices at vehicular entrances; persons on university land must comply (sch.1-sec.7-8).
Interplay with other legal regimes
Corporations Act disqualification and exclusions. Members are ineligible if disqualified under Corporations Act part 2D.6. The Act declares the student guild and academic board excluded matters for specified Corporations Act parts so those Corporations Act rules apply or are excluded as stated (ss 23, 39B).
Land tenure. State land dealings are governed by the Land Act 1994, but the university may grant interests only by lease and certain leases for operational reserves may be up to 100 years (s 48).
The Act sets duties, but also provides rights and protections, including immunity for honest non-negligent acts and procedural rights on removal, notice and restoration in cases of conviction (ss 25-26, 39C-39E).
Penalties and enforcement
The Act sets criminal or civil penalties and administrative enforcement mechanisms across governance, disclosure and campus conduct. Enforcement modalities include council decisions, authorised‑person actions, regulated notices and statutory penalties.
Penalties provided in the Act
Disclosure offences. Failure to give a required notice of disqualification or conviction under s 61D attracts a maximum penalty of 100 penalty units (s 61D(2)). The notice must contain specified information; the Minister, chancellor or vice-chancellor must ensure the notice is destroyed when no longer needed (s 61D(3)-(4)).
Protected information. Unauthorised disclosure of protected information (a report under s 61B or a notice under s 61D) is an offence with a maximum penalty of 100 penalty units (s 61E(2)). Permitted disclosures are tightly defined and include consent, legal compulsion, anonymised forms or lawful public information (s 61E(3)). The Minister, chancellor or vice-chancellor may disclose protected information to council-related actors to the extent necessary for council performance (s 61E(4)).
On‑site traffic and conduct penalties. The schedule sets maximum penalties for failure to comply with directions or regulatory notices. For example, failing to comply with a direction from an authorised person under sch.1-sec.6(2) attracts a maximum penalty of 10 penalty units. Failure to obey a regulatory notice under sch.1-sec.7 likewise carries a maximum penalty of 10 penalty units. Disorderly conduct on university land under sch.1-sec.12 carries a maximum penalty of 20 penalty units.
Identity card return. A former authorised person must return their identity card; non‑return carries a maximum penalty of 10 penalty units (sch.1-sec.4(3)).
Administrative enforcement mechanisms
Authorised persons. The vice-chancellor appoints authorised persons who may give directions, control traffic, seize and detain vehicles, and direct persons to leave under sch.1-sec.1-13. Their powers can be limited by conditions of appointment or written notice (sch.1-sec.2). They must produce identity cards when exercising powers (sch.1-sec.5).
Vehicle seizure and sale. An authorised person may seize vehicles believed to be illegally parked or abandoned, hold them in a safe place, and the university must attempt to notify the owner within 14 days (sch.1-sec.9(1)-(4)). If not recovered within two months, the university may publish notice and sell by public auction; proceeds are applied in a prescribed order including sale expenses and registered security interests under the Personal Property Securities Act 2009 (sch.1-sec.10-11).
Council removal powers. The council may remove a member for breaches of duties or conduct obligations if at least nine members are satisfied. Notice and reasons must be provided; for appointed members, the Minister must receive a copy (s 26B). Similar removal powers exist for chancellor, vice-chancellor and chairperson (ss 39D-39E). Removal ends the term on the date of receipt of notice or a later date specified.
Ministerial actions. The Minister may appoint an elected member in specified failure-to-elect circumstances (s 21) and may extend terms of office by notice to the council for up to one year where satisfied the extension is necessary and in the university’s best interests (s 26C). The Minister may also exercise discretion to approve appointment despite convictions in certain contexts (s 25).
Civil and financial consequences
Liability reallocation. Members who are protected from civil liability under s 61A(1) shift that liability to the university under s 61A(2). The university therefore bears ultimate civil risk for the actions of members done honestly and without negligence.
Financial controls and statutory oversight. The university is a statutory body under Queensland financial statutes (ss 49-50), which subjects it to those Acts’ review and controls, including the need to adopt a budget annually and control spending within it (s 54).
Procedural constraints and remedy paths
Restoration after conviction. In limited cases the Minister or council may restore a person as a member or give written approval for appointment despite certain convictions, with specified effects on terms of office (ss 25-26, 39C).
Notice and destruction requirements for criminal history reports. Reports obtained from the police commissioner must be destroyed as soon as practicable after they are no longer needed (s 61B(6)). The same destruction duty applies to notices given under s 61D (s 61D(4)). These requirements impose administrative duties to limit retention and regulate sensitivity.
Enforcement is a mix of internal governance (removal, notice, directed compliance), authorised‑person executive action on campus, statutory penalties, and transfer of civil liability to the university. The Act allocates powers and sets penalties with procedural safeguards for notice, publication and destruction of sensitive materials.
How it interacts with other laws
The Act explicitly cross‑references several Queensland and federal statutes and specifies where their rules apply or are displaced. Interaction rules are direct and statutory.
Corporations Act
Disqualification and duties. The Act uses the Corporations Act, part 2D.6, to disqualify persons from council membership and office where they are disqualified from managing corporations (s 23(1)(a), s 39C(1)(a)). Section 39B declares certain matters as excluded matters for the Corporations Act, section 5F. In particular, the student guild is declared an excluded matter in relation to those provisions of the Corporations Act for which a statutory body is declared an excluded matter under the Statutory Bodies Financial Arrangements Act 1982, section 13A, and the academic board is excluded for parts 5.7 and 5.7B of the Corporations Act (s 39B).
Duties and powers. The Act notes the Corporations Act parts addressing duties and powers, disqualification, charges, debentures, winding up and registrable bodies (s 39B), indicating a mapped relationship rather than wholesale displacement.
Land Act 1994
State land treatment. State land held by the university is governed by the Land Act 1994, but the university may grant interests only by way of lease, and trustee leases or subleases subject to an operational reserve may be for up to 100 years. Where a reserve purpose includes a reference to “university”, that purpose is taken to include activities consistent with the university’s functions under s 5 (s 48).
Financial statutes and statutory body regimes
Financial Accountability Act 2009. The university is declared a statutory body for the Financial Accountability Act 2009 (s 49).
Statutory Bodies Financial Arrangements Act 1982. The university is a statutory body under the Statutory Bodies Financial Arrangements Act 1982; part 2B of that Act details the manner in which the university’s powers under this Act are affected by that Act (s 50).
Personal Property Securities Act 2009 (Cwlth)
Vehicle sale proceeds. When proceeds of sale from auctioned seized vehicles are applied, amounts owing under a security interest registered under the Personal Property Securities Act 2009 have priority as provided in sch.1-sec.11(1)(c).
Criminal Law (Rehabilitation of Offenders) Act 1986
Definition of criminal history. The Act imports the definition of criminal history under the Criminal Law (Rehabilitation of Offenders) Act 1986 when defining “criminal history” for police reports, excluding spent convictions (s 61B(7)).
Acts Interpretation and Governor in Council powers
Acts Interpretation Act 1954. The council’s power to remove appointed members does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954, section 25(1)(b)(i) or (iii), reflecting an overlay of State executive appointment powers (s 26B(4)).
Corporations Act and exemptions for forming corporations
The university may form and participate in corporations for certain objects, and this section applies despite the Corporations Act (s 60(3)). That signals a permitted interaction where the university is given express licence to pursue corporate participation for academic, research and commercialisation purposes.
Other statutory cross references
The Act makes the university subject to statutory financial regimes and uses other Acts as definitions or procedural tools for disqualification, criminal-history checks and property security handling (ss 49-50, s 61B, sch.1-sec.11).
Where the Act is silent, it either defers to those statutes or expressly states where its power applies notwithstanding other Acts, as with corporate participation and exclusions under s 60 and s 39B. The Act therefore creates a defined legal architecture that integrates university governance into broader corporate, land and financial regulatory frameworks.
Amendment history
The Act’s text contains in-line editorial notes marking insertions, amendments and repeals. The source material shows multiple legislative interventions across years. The available in-text amendment markers identify the following changes and insertions as recorded:
Repeal and commencement. The Act repealed the University of Southern Queensland Act 1989 (s 66). The Act’s commencement is by proclamation (s 2). Transitional provisions at Part 8 implement carry-over of assets, liabilities, staff rights and instruments (ss 65-76; Pt 8 generally).
Amendments circa 2001 and 2005. Several sections indicate amendments or insertions with references to 2001 No. 45 and 2005 No. 18. Examples include:
s 39B was inserted in 2001 No. 45 s 29 sch 3 and later renumbered in 2005 No. 18 s 165 sch.
Delegation, membership and other governance provisions show 2005 No. 18 amendments and insertions (s 11 notes s 11 amd 2005 No. 18 s 117; s 12 sub 2005 No. 18 s 118; s 13 sub 2005 No. 18 s 118; s 14 amd 2005 No. 18 s 119; s 15 amd 2005 No. 18 s 120; s 16 sub 2005 No. 18 s 121; s 17 amd 2005 No. 18 s 122; s 18 amd 2005 No. 18 s 123; s 19 amd 2005 No. 18 s 124; s 20 sub 2005 No. 18 s 125; numerous inserts s 20A, 26A, 26B and others marked ins 2005 No. 18 s 129).
Transitional Part 8 includes explicit provisions inserted or altered by the University Legislation Amendment Act 2005 (Pt 8‑div.2, ss 77-87 mark new transitional mechanics and the requirement for the Minister to recommend appointed members within one year (s 79)).
Amendments circa 2011. Section 48 contains an amendment notation s 48 amd 2011 No. 39 s 40 adjusting dealings with State land, including trustee lease length for operational reserves being up to 100 years.
Amendments circa 2009 and 2010. The financial-status declaration references s 49 amd 2009 No. 9 s 136 sch 1. Schedule provisions on proceeds application reference amendment s 11 amd 2010 No. 44 s 82, aligning with the Personal Property Securities Act interactions.
Amendments circa 2017. Multiple insertions and amendments are recorded with 2017 No. 36 references. Examples include:
s 11 updated (s 11 amd 2017 No. 36 ss 74, 142).
s 15, s 16, s 19, s 20A and many election-related provisions have 2017 insertions or amendments (s 15 amd 2017 No. 36 s 143; s 16 sub 2005 No. 18 s 121; s 20A ins 2002 No. 75 s 68; s 26AA ins 2017 No. 36 s 147; s 26AB ins 2017 No. 36 s 147; s 26AC ins 2017 No. 36 s 147).
s 39C, s 39E, and the additional disclosure and protected information provisions s 61D and s 61E were inserted or amended by 2017 No. 36 (s 39C ins 2005 No. 18 s 133; s 39C amd 2017 No. 36 s 79; s 61D ins 2017 No. 36 s 81; s 61E ins 2017 No. 36 s 81).
Repeal of certain sections and university statutes on commencement were effected by 2017 amendments (s 90 ins 2017 No. 36 s 151).
Insertions in 2002. Section 20A and transitional treatment of casual vacancies show an insertion in 2002 No. 75 s 68.
Miscellaneous editorial notes. The in-text footers show numerous references to the schedules and renumbering clauses, indicating iterative statutory maintenance and reorganisation across legislative instruments.
The Act’s own transitional Parts (particularly Pt 8‑div.2 and Pt 8‑div.3) describe specific transitional steps taken when amendments were introduced, such as continuity of members, staged appointment of new appointed and additional members, and timing for ballots and elections (ss 78-87, ss 88-90). Those transitional sections record the legislative intent and the statutory mechanism used to bridge old and new regimes.
The Act’s text as provided contains no schedule of comprehensive amendment dates beyond the opcodes e.g. “ins 2005 No. 18 s 129” and “amd 2017 No. 36 s 79”. To trace the complete amendment path and statutory history readers must consult the statutory revision history or the official government consolidated version.
Litigation history
The Act text provided contains no references to judicial decisions, case law, or litigation involving the University of Southern Queensland Act 1998. It does not list any reported cases, judicial interpretations, or litigated provisions. The Act does, however, create rights, duties and enforcement mechanisms that are justiciable, for example:
council removal decisions, disclosure obligations and member duties (ss 26B, 26A, 61D) could give rise to administrative law or civil proceedings, but the Act itself does not record any such litigation;
authorised‑person powers to seize and sell vehicles (sch.1-sec.9-11) create civil property consequences that could generate disputes over procedural compliance, but the statute text does not show any adjudicated instances;
the Act’s intersection with Corporations Act disqualification provisions, Statutory Bodies Financial Arrangements Act 1982, Financial Accountability Act 2009, Land Act 1994 and Personal Property Securities Act 2009 create contexts where litigation could arise under those statutes; the Act does not identify cases.
Because the source supplied contains no reported litigation, there are no named judicial authorities to cite from within this Act. Practitioners seeking litigation history must search case law databases for decisions that interpret or apply specific sections of this Act. The Act itself anticipates administrative recourse and internal remedies, such as council notice and removal procedures, ministerial discretion for restoration or approval despite convictions, and procedural safeguards for obtaining and destroying criminal-history reports (ss 25-26, 61B, 61D).
Absent decisions in the Act text, no claim about judicial interpretation, trends in litigation or binding precedent can be made from the statutory material alone.
Gotchas
The Act contains multiple technical features and procedural traps that can cause unexpected outcomes if overlooked:
Non‑delegable council powers. The council may delegate many powers but may not delegate its power to make the election policy or adopt the annual budget (s 11). Delegations to the vice‑chancellor may permit subdelegation, but not for the excluded powers. Failure to respect the non‑delegable list could invalidate delegation arrangements or decisions.
High threshold for internal removal. The council’s power to remove a member requires that at least nine members be satisfied the member has breached duties or a conduct obligation (s 26B). Where council size and composition change through transitional phases, the effective voting dynamics can vary. Practitioners should note the numeric threshold and the requirement to give reasons and follow notice rules.
Ministerial and Governor in Council roles. Appointed members are appointed by the Governor in Council on the Minister’s recommendation (s 14). The Minister has residual powers to appoint in the event of failed elections (s 21), to extend terms by notice (s 26C), and to restore an appointed member despite conviction where reasonable (s 25). Those external appointment powers overlay internal council dynamics and can alter governance timetables.
Election policy constraints. The election policy must be published on the university website and must contain specific integrity, secrecy and eligibility measures (s 26AA). The Act allows the election policy to set additional eligibility requirements but prohibits delegation of making the policy. Failure to publish or to follow the policy could invalidate elections (s 26AB).
Criminal-history reports and protected information. The Minister and council may request criminal-history reports from the police commissioner about candidates or appointees, but only with written consent; the commissioner must comply with such requests only for information in the commissioner’s possession (s 61B). Reports and notices must be destroyed as soon as practicable when no longer needed (s 61B(6), s 61D(4)). Unauthorised disclosure of protected information carries a penalty of up to 100 penalty units (s 61E). Administrative processes must therefore include secure handling and destruction workflows.
Disclosure duty and stiff penalty. Members must immediately notify disqualification or certain convictions to specified officers, with a maximum penalty of 100 penalty units for non-compliance (s 61D). The notice must include detailed particulars. The duty applies to current members and those whose office might be affected; failure to comply is a significant statutory offence.
Restoration does not reset original terms. Where a person is restored as an appointed, elected or additional member despite a conviction, the person’s term ends when it would have ended if the conviction had not occurred (ss 25(3), 26(3), 39C(4)). Restoration therefore does not extend or reset the original constitutional timetable.
Vehicle seizure procedural deadlines. The authorised person must give the owner notice no later than 14 days after seizure, and the university may sell unclaimed vehicles only after two months from that notice if not recovered (sch.1-sec.9(4), sec.10(1)). The university must publish notice in a newspaper if the owner is not located within 14 days (sch.1-sec.9(5)). The proceeds of sale are applied in statutory priority, including satisfying PPSR-registered security interests (sch.1-sec.11). Failure to follow these procedural steps could expose the university to claims, but the Act forbids compensation for sale under sch.1-sec.10(4) and sch.1-sec.11(2).
Election timing in transitions. Transitional rules for implementation of amended membership arrangements are intricate (Pt 8‑div.2 and div.3). For example, pre-amendment elected members had adjusted term lengths, and ballots had to be held at specified times relative to appointment of new appointed members (ss 80-83). Practitioners must map the timeline carefully when amendments are in force.
Interaction with Corporations Act and exclusions. The Act disqualifies persons as a borrowed test from Corporations Act part 2D.6, but also declares exclusions for the student guild and academic board under s 39B. Users must understand where federal corporate rules apply and where the Act creates statutory carve-outs.
Identity card technicality. An authorised person may only exercise powers if they first produce or display an identity card, except where not practicable; even then the identity card must be produced as soon as possible (sch.1-sec.5). Failure to comply with identity card rules could challenge the legality of actions taken.
Non‑delegation of election policy combined with council authority over student guild constitution. The student guild must submit its constitution and amendments to council approval and cannot operate independently of council oversight in that respect (s 37). At the same time the council must itself author an election policy. The overlapping control may produce tensions.
Liability shifting. Members acting honestly and without negligence avoid personal civil liability, but the university assumes that liability instead (s 61A). Risk allocation therefore concentrates civil exposure on the institution.
These are concrete procedural and substance traps that require internal policy alignment, record keeping, secure information handling, and strict adherence to timing and notice obligations.
How to comply
This section sets out practical compliance steps that flow directly from the Act’s prescriptions. It is an operational checklist tailored to the Act’s main duties, focusing on who decides, who pays, and what must be recorded.
Governance and membership
Maintain a current register of council membership categories and terms. Track official, appointed, elected and additional members and ensure composition meets the constitution rules in s 12-17. Note the council is properly constituted when it has eight or more members (s 17), with transitional exceptions when relevant (s 87).
Manage appointments: ensure the Minister recommends appointed members to the Governor in Council as required (s 14); if the Minister must recommend new appointed members under transitional rules, follow s 79 timing.
Enforce eligibility rules. Screen candidates for Corporations Act disqualification and relevant convictions per s 23, obtain written consent before requesting police reports (s 61B(4)), and comply with the police reporter destruction duty (s 61B(6)).
Election policy and electoral administration
Draft and publish the election policy on the university website as required by s 26AA. Include mandated elements: integrity and security, electorate eligibility checks, single-vote safeguards, secret ballot mechanics, anti‑influence provisions, ballot issuing procedures, nomination procedures and complaint resolution, and publication of results timetable.
Conduct all council elections and casual-vacancy ballots under the published election policy (ss 26AB, 20A). Record and retain election records as required by the election policy for complaint resolution and audit.
Member duties, disclosure and handling of sensitive information
Train members on statutory duties in s 26A and s 61D. Implement immediate notification procedures for disqualification or convictions. Provide forms and secure channels for these notices. Retain notices only as long as necessary and destroy them as soon as practicable in accordance with s 61D(4).
Limit access to protected information, implement confidentiality protocols, and retain secure audit trails for s 61B police reports and s 61D notices. Ensure the Minister, chancellor or vice-chancellor has processes to destroy reports when no longer needed (s 61B(6), s 61D(4)).
Establish a process for requesting police reports that includes obtaining written consent from the candidate and ensuring requests are limited to information the commissioner has (s 61B(3)-(5)).
Delegation management
Maintain written delegations from council under s 11 and limit delegation instruments to authorized persons, committees and staff as allowed. Ensure delegations do not include the power to make the election policy or to adopt the annual budget (s 11(2)). If delegating to the vice-chancellor, document any subdelegation permissions consistent with s 11(3).
Financial and trust administration
Adopt the annual budget on time every year, ensure the council controls spending within the budget as nearly as possible, and document the annual reviews of bequests, donations and special grants required by s 54.
Administer trust funds in accordance with ss 41-45. Where donor purposes are wholly or substantially achieved, or impracticable, document the council’s satisfaction and set up a written scheme for designated purposes. Make written schemes available without charge to any person who asks (s 41(4)). When selecting designated purpose, prefer a purpose nearest the donor’s purpose practicable (s 42).
If operating an investment common fund, record component fund shares, periodic income distributions and any decisions to pay income into general funds when component fund amounts are not immediately needed, as allowed in s 52.
Campus operations and authorised persons
Implement an authorised person appointment regime. The vice‑chancellor must issue identity cards with a recent photograph and signature and keep a record of appointment conditions and any limits notified under sch.1-sec.2-4. Require returning of cards when the appointment ends and enforce the 10 penalty unit rule for non‑return where appropriate.
Signpost regulatory notices and information notices at vehicular entrances and other locations required by sch.1-sec.7-8. Ensure notices state the area of application and, where they do not state the offence and penalty, erect information notices stating that contravention is an offence and the penalty (sch.1-sec.8).
For vehicle seizure and detention, ensure authorised persons only exercise seizure powers where they believe on reasonable grounds the vehicle is illegally parked or abandoned, cannot locate the driver, and seizure is necessary for safety or convenience (sch.1-sec.9). Implement the 14‑day owner-notification process. Keep records and newspaper publication receipts if owner cannot be located, as required by sch.1-sec.9(5).
Removal, restoration and disciplinary procedures
When contemplating removal of a member, follow s 26B: obtain the satisfaction of at least nine members, provide notice and written reasons as soon as practicable, and where an appointed member is removed, send a copy to the Minister (s 26B(2)(b)). Ensure the date the member receives notice is the operative date for termination unless a later date is specified (s 26B(3)).
If considering restoring a person despite conviction, follow the statutory procedure: Minister for appointed members under s 25, and council for elected or additional members under s 26. Record when restoration is effective and the effect on any intervening appointments.
Corporate participation and land dealings
For corporate entities, follow s 60 when forming or participating in corporations, and document consistency of objects with the Act. When dealing with State land, ensure leases comply with the Land Act 1994 and note the university may only grant interests by way of lease and that trustee leases for operational reserves may be extended to 100 years where applicable (s 48).
Records and compliance monitoring
Maintain records of council resolutions, schemes for trust amendments, election records, police-report requests and destruction, identity card issuance and returns, vehicle seizure and sale records, and budget and financial reviews. Ensure secure retention and timely destruction when statutory retention periods expire.
Keep university statutes and rules updated. Existing instruments that continued in force under s 74 expired one year after the commencing day unless repealed earlier; follow transitional obligations in s 74 and any subsequent renumbering or repeal requirements (s 74).
Training and policy integration
Provide member induction on duties under s 26A, disclosure requirements under s 61D and protected-information rules under s 61E. Provide authorised person training on identity card rules, limitation of powers and seizure procedures. Ensure staff operating financial and trust accounts understand s 52 income allocation rules and s 54 budget duties.
These compliance steps map directly to statutory obligations. The Act places decision rights with council, Governor in Council and Minister in specified contexts and places operational costs and liability primarily on the university. Build audit trails for each decision that engages external statutes or causes material effects on third parties, such as trust re‑purposing, vehicle seizure and disposal, or member removals.
Division pt.2-div.1
University establishment and general functions and powers