The Act continues the University of Tasmania as a legal entity, vests governance and resource decisions in a Council, and gives the University broad powers to teach, research, own property, form companies and explicitly commercialise intellectual property. The Council may make ordinances and by-laws (including penalties), appoint officers, and must publish rules and an annual financial report.
That centralises decision-making and creates revenue/enforcement levers (fees, fines, commercial ventures) while imposing duties on Council members and requiring Treasurer or Minister approvals for specified actions.
This Act continues the University of Tasmania as a corporate body, sets out its objects, constitution and governance, and allocates powers for academic, administrative and commercial activity. Mechanically, the Act:
Continues and incorporates the University under the name “University of Tasmania” (s 4(1)-(2)) and confirms existence back to 1890 for avoidance of doubt (s 4(5)).
Specifies the University’s functions including teaching, research, access, provision of facilities and, explicitly, fostering or promoting commercialisation of intellectual property (s 6; see s 6(fa)).
Confers general corporate powers including acquisition, disposal and dealing with property, forming and participating in companies, subscribing for shares, entering partnerships and joint ventures, and borrowing, subject to Treasurer approval for borrowing (s 7(1)(a)-(g); s 7(2)).
Constitutes and prescribes the governing structure: a Council as governing authority (s 8, s 9) with an Academic Senate to advise on academic matters (s 13). The Council is given broad ordinance and by-law powers (Part 3; s 18-21) and specific powers over discipline, student associations, and student representation (s 19).
Sets out officer roles and appointment or election processes for Chancellor, Deputy-Chancellor(s), Vice-Chancellor and the Visitor function (ss 14-17). The Vice-Chancellor is the chief academic and executive officer (s 16(2)).
Establishes duties and standards for Council members, including statutory care and diligence (s 11A) and obligations to act in good faith (s 11B), together with mechanisms for disclosure of interests and removal in specified circumstances (Schedule 1, clauses 2 and 4; s 17A).
Provides rulemaking architecture: Ordinances by Council (s 18), rules under Ordinances (s 18(3)-(4)), and by-laws for management and control of University land (s 20), with publication and accessibility obligations (s 21).
Current sections
Direct links to the current provisions in University of Tasmania Act 1992.
(a) a person upon whom the University, or one of the University's predecessors in law, has conferred a degree, diploma or certificate; or
(b) any other person who holds an award specified, by Ordinance, for the purposes of this definition;
[Section 3 Amended by No. 31 of 2001, s. 5, Applied:30 May 2001]intellectual property means all copyright including future copyright, trademarks, designs, patents registered and unregistered, plant breeders' rights, trade secrets and know-how, semiconductor or circuit layouts and all other intellectual property as defined in the convention of 1967 establishing the World Intellectual Property Organisation;
Ordinance means an Ordinance of the University made by the Council under section 18 and in force under this Act;
(a) the land vested in the University specified in Schedule 3 ; and
(b) any other land occupied by the University;
Vice-Chancellor means the Vice-Chancellor of the University appointed under section 16 .
Part 2
The University
Part 2 The University
Division 1
Continuance and incorporation
Division 1 Continuance and incorporation
4
Continuance and incorporation of University
4 Continuance and incorporation of University
(1) Notwithstanding the repeal by this Act of the Amalgamation Act , the University continues in existence under and subject to the provisions of this Act under the name "University of Tasmania".
(2) The University –
(a) has perpetual succession and a seal; and
(b) may sue and be sued in its corporate name.
(3) The seal is to be kept and used only as authorized by the Council.
(4) All courts and persons acting judicially must take judicial notice of the imprint of the seal on a document and presume that it was duly sealed by the University.
(2) Notwithstanding subsection (1) , a person referred to in that subsection may make a statutory declaration that he or she has a conscientious objection to being a member of the University and, on giving the declaration to the Vice-Chancellor, he or she ceases to be a member of the University.
(3) A person who makes a declaration under subsection (2) does not, by that declaration, prejudice any other position or status which that person holds or enjoys –
(a) by virtue of his or her employment at, or participation in the affairs of, the University; or
(b) as a student or graduate of the University.
6
Functions of the University
6 Functions of the University
The University has the following functions:
(a) to advance, transmit and preserve knowledge and learning;
(b) to encourage and undertake research;
(c) to promote and sustain teaching and research to international standards of excellence;
(d) to encourage and provide opportunities for students and staff to develop and apply their knowledge and skills;
(e) to provide educational and research facilities appropriate to its other functions;
(f) to promote access to higher education having regard to principles of merit and equity;
(g) to engage in activities which promote the social, cultural and economic welfare of the community and to make available for those purposes the resources of the University.
7
Powers of the University
7 Powers of the University
(1) The University has power to do, both in Tasmania and elsewhere, all things necessary or convenient to be done for or in connection with the performance of its functions and, in particular, has power –
(a) to acquire, hold and dispose of real and personal property; and
(b) to form, and participate in the formation of, companies; and
(c) to subscribe for and purchase shares in, and debentures and other securities of, companies; and
(d) to enter into partnerships; and
(e) to participate in joint ventures and arrangements for the sharing of profits; and
(f) to borrow money; and
(g) to do anything incidental to any of its powers.
(2) Notwithstanding subsection (1)(f) , the University is not to exercise its power to borrow money unless it has first obtained the written approval of the Treasurer.
(3) A member of the Council is responsible and accountable to the Council rather than to any constituent body by which he or she was appointed or elected.
(4) Schedule 1 has effect with regard to the members, proceedings and activities of the Council.
(1) The Council is the governing authority of the University.
(2) The Council is to act in all matters concerning the University in the way it considers will best advance the interests of the University.
(3) The Council has power to do all things necessary or convenient to be done for or in connection with the performance of its function as the University's governing authority and, in particular, has power –
(a) to appoint persons to positions of responsibility within the University; and
(b) to allocate funds and otherwise determine the best use of the resources of the University.
(a) delegate to any person or body any of its functions or powers other than this power of delegation or the power to make Ordinances and by-laws; and
(b) revoke wholly or partly a delegation.
(2) A delegation –
(a) may be made either generally or as otherwise provided by the instrument of delegation; and
(b) does not prevent the performance or exercise of a function or power by the Council.
(3) A function or power performed or exercised by a delegate has the same effect as if performed or exercised by the Council.
11
Power to confer degrees
11 Power to confer degrees
(1) The Council may confer –
(a) degrees, diplomas and certificates after examination or other assessment; and
(b) honorary degrees on people who, in the opinion of the Council, are distinguished visitors or outstanding scholars or who have given outstanding service to the Commonwealth, the State or the University.
(2) The power of the Council under subsection (1)(a) includes the power to revoke a degree, diploma or certificate –
(a) for which the recipient was not qualified; or
(b) that has been conferred by reason of fraud or dishonesty.
business judgment means any decision to take or not to take action in respect of a matter relevant to the functions of the Council.
(2) A member of the Council is to exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she –
(a) were a member of the Council in the Council's circumstances; and
(b) occupied the office held by, and had the same responsibilities within the Council as, the member.
(3) A member of the Council who makes a business judgment is taken to meet the requirements of subsection (2) , and his or her equivalent duties at common law and in equity, in respect of the judgment if he or she –
(a) makes the judgment in good faith for a proper purpose; and
(b) does not have a material personal interest in the subject matter of the judgment; and
(c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and
(d) rationally believes that the judgment is in the best interests of the University.
(4) The member's belief that the judgment is in the best interests of the University is taken to be a rational one unless the belief is one that no reasonable person in his or her position would hold.
(a) in good faith in the best interests of the University; and
(b) for a proper purpose.
12
Annual report of the Council
12 Annual report of the Council
(1) The Council is, within 6 months after the end of each financial year, to –
(a) present to the Governor an annual report of the proceedings of the University during that financial year; and
(b) furnish a copy of the report to the Minister.
(2) The report is to contain a full account of the income and expenditure of the University for the financial year to which it relates.
(3) The Minister is to cause a copy of the report to be laid before both Houses of Parliament within the first 10 sitting days of each House after the report is received by the Minister.
Division 4
Academic Senate, Officers and Visitor
Division 4 Academic Senate, Officers and Visitor
13
Academic Senate
13 Academic Senate
(1) The University has an Academic Senate.
(2) The function of the Academic Senate is to advise the Council on all academic matters relating to the University.
(3) Subject to subsection (4) , the constitution, functions, powers and proceedings of the Academic Senate are as prescribed by Ordinance.
(4) The Academic Senate has a Chairperson and a Deputy-Chairperson.
14
Chancellor
14 Chancellor
(1) The University has a Chancellor elected by the Council.
(2) Subject to subsection (3) , the terms and conditions subject to which a person holds the office of Chancellor are as determined by the Council.
(3) The Council may elect a person to the office of Chancellor for a term not exceeding 4 years and may re-elect a person to that office.
15
Deputy-Chancellor
15 Deputy-Chancellor
(1) The Council may elect one or more of its members as Deputy-Chancellors of the University.
(2) Subject to subsections (3) and (4) , the terms and conditions subject to which a person holds the office of Deputy-Chancellor are as determined by the Council.
(3) The Council may elect a person to the office of Deputy-Chancellor for a term not exceeding 4 years and may re-elect a person to that office.
(4) A person who has been elected as a Deputy-Chancellor ceases to be a Deputy-Chancellor if he or she ceases to be a member of the Council.
16
Vice-Chancellor
16 Vice-Chancellor
(1) The University has a Vice-Chancellor appointed by the Council.
(2) The Vice-Chancellor is the chief academic and executive officer of the University.
(3) The terms and conditions subject to which a person is appointed to the office of Vice-Chancellor are as determined by the Council.
17
Visitor
17 Visitor
(1) In this section, Governor means the Governor of the State and not the Governor acting with the advice of the Executive Council.
(1) If a two-thirds majority of the Council is of the opinion that the Chancellor or a Deputy-Chancellor has breached the terms of conditions of his or her appointment under section 14 or 15 , respectively, the Council may dismiss the Chancellor or Deputy-Chancellor from office.
(2) For the purposes of determining a two-thirds majority, the vote of the Chancellor or Deputy-Chancellor who is the subject of the motion for dismissal is not to be counted.
Part 3
Ordinances and By-Laws
Part 3 Ordinances and By-Laws
18
Ordinances and rules
18 Ordinances and rules
(1) The Council may make Ordinances, not inconsistent with this Act, prescribing or regulating matters –
(a) required or permitted by this Act to be prescribed or regulated by Ordinance; or
(b) necessary or convenient to be prescribed or regulated by Ordinance for giving effect to this Act.
(2) Subsection (1) does not authorize the making of an Ordinance for or in relation to a matter referred to in Part 1 of Schedule 2 .
(3) An Ordinance may confer a power on any person or body, including the Council, to make rules, not inconsistent with any Ordinance or this Act –
(a) prescribing or regulating any specified matter on which Ordinances may be made; or
(b) for carrying out or giving effect to Ordinances.
(4) A rule made under an Ordinance has the same force and effect as an Ordinance.
(5) An Ordinance or rule has no force or effect to the extent to which it is inconsistent with a law of the State, but a provision of an Ordinance or rule is not to be taken to be inconsistent with a law of the State if the provision can be complied with without contravening that law.
(6) An Ordinance or rule may be made subject to such conditions, or so as to apply differently according to such factors, as may be specified in the Ordinance or rule or according to such limitations or restrictions, whether as to time or circumstance or otherwise, as may be so specified.
(7) An Ordinance or rule may authorize any matter or thing to be from time to time determined, applied or regulated by any person or body specified in the Ordinance or rule.
(8) An Ordinance may provide for any person or body specified in the Ordinance to –
(a) delegate any of that person's or body's functions or powers, other than the power of delegation or a power to make rules, to any other person or body; and
(a) may be made either generally or as otherwise provided in the Ordinance; and
(b) does not prevent the performance or exercise of a function or power by the person or body authorized by the Ordinance to delegate that function or power.
(10) A function or power performed or exercised by a delegate has the same effect as if performed or exercised by the person or body authorized by the Ordinance to delegate that power or function.
(11) An Ordinance or rule is not a statutory rule within the meaning of the Rules Publication Act 1953 .
(3) An Ordinance made under subsection (1)(a) , or a rule made under any such Ordinance, may provide for the enforcement of the Ordinance or rule and, in particular, may provide for the imposition and payment to the University of a penalty not exceeding 5 penalty units for a specified breach of the Ordinance or rule.
(4) If a penalty imposed on a person for a specified breach of a provision of an Ordinance or rule referred to in subsection (1)(a) remains unpaid at the expiration of the period of time specified in the Ordinance or rule for its payment, the amount of the penalty may be recovered by the University, as a debt due to the University, in a court of competent jurisdiction.
(5) A provision of an Ordinance made under subsection (1)(f) or (g) , or a provision of a rule made under any such Ordinance, prevails, to the extent of any inconsistency, over a provision of any rule of the student association or graduate association to which the Ordinance applies.
(6) The Council's power under subsection (1)(f) includes the power to make an Ordinance modifying or restricting the power of a student association or graduate association to make, amend or repeal the rules of the association.
(7) In its application to a student association or graduate association that is incorporated under the Associations Incorporation Act 1964 , this section has effect notwithstanding the provisions of that Act.
20
By-laws
20 By-laws
(1) The Council may make by-laws, not inconsistent with this Act, for or in relation to the management and control of University land.
(2) Without limiting the generality of subsection (1) , by-laws may be made as provided by Schedule 2 .
(3) A by-law has no force or effect to the extent to which it is inconsistent with a law of the State, but a provision of a by-law is not to be taken to be inconsistent with a law of the State if the provision can be complied with without contravening that law.
(4) A by-law may incorporate or adopt, either specifically or by reference and with or without modification, a provision of a law of the State relating to vehicles or traffic, including a law relating to the parking or standing of vehicles.
(5) A by-law is, except to the extent that it may provide otherwise, to be taken to apply to persons whether or not those persons have any connection with the University.
(6) A by-law may be made subject to such conditions, or so as to apply differently according to such factors, as may be specified in the by-law or according to such limitations or restrictions, whether as to time or circumstance or otherwise, as may be so specified.
(7) A by-law may authorize any matter or thing to be from time to time determined, applied or regulated by any person or body specified in the by-law.
(8) Any fees paid to or recovered by the University under a by-law are to be applied for the general purposes of this Act.
(a) publish the Ordinances, rules and by-laws, in consolidated form, at least once in each calendar year; and
(b) ensure that the Ordinances, rules and by-laws are made known to, and may be readily inspected free of charge at reasonable times and places by, the staff and students of the University; and
(c) ensure that the Ordinances, rules and by-laws may be inspected, free of charge at reasonable times and places, by members of the public; and
(d) ensure that the published Ordinances, rules and by-laws may be purchased, at reasonable cost, by any person.
Part 4
Miscellaneous
Part 4 Miscellaneous
22
Indemnification
22 Indemnification
The University is to indemnify each person who does or purports to do, or omits or purports to omit to do, any act or thing in good faith under the direction of the University or the Council or otherwise for the purpose of administering or executing this Act against any action, liability, claim or demand in respect of that act or omission.
(2) A provision referred to in subsection (1) may, if the regulations so provide, take effect from the commencement day or a later day.
26
Certain land to remain vested in University
26 Certain land to remain vested in University
Notwithstanding the repeal by this Act of the Amalgamation Act , the land specified in Schedule 3 remains vested in the University but free from any restrictions as to the power of the University to sell, mortgage or otherwise dispose of that land that may, but for this clause, restrict the power of the University in respect of that land.
(a) an elected or appointed member of the Council ceases to hold the qualification by virtue of which he or she was elected or appointed; or
(b) the office of an elected or appointed member of the Council becomes vacant other than by effluxion of time –
a person may be elected or appointed to that office for the remainder of the term of office of that member and in the same manner as the member was elected or appointed.
2. Vacation and termination of office
(1) A member of the Council is taken to have vacated office –
(a) when the member dies; or
(b) if the member is absent, except on leave of absence granted by the Council, from 3 consecutive meetings of the Council; or
(c) if the member resigns office by giving the Vice-Chancellor written notice of resignation; or
(1) A member of the Council who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Council must, as soon as possible after the relevant facts come to the knowledge of the member, disclose the nature of that interest at a meeting of the Council.
(2) A disclosure under subclause (1) is to be recorded in the minutes of the meeting of the Council and the member must not, unless the Council otherwise determines –
(a) be present during any deliberation of the Council in relation to that matter; or
(b) take part in any decision of the Council in relation to that matter.
5. Meetings of the Council
The Council is to determine the procedure for calling and conducting its meetings.
6. Validity of acts and proceedings of Council
(1) An act or proceeding of the Council, or of any person acting pursuant to a direction of the Council, is not invalidated or prejudiced by reason only of the fact that, at the time when the act or proceeding was done, taken or commenced, there was a vacancy in the membership of the Council.
(2) All acts and proceedings of the Council, or of any person acting pursuant to a direction of the Council, are, notwithstanding the subsequent discovery of any defect in the appointment or election of a member of the Council or that a person was disqualified from acting as, or incapable of being, a member of the Council, as valid as if the member had been duly elected or appointed and was qualified to act, or capable of being, a member, and as if the Council had been fully constituted.
7. Presumptions
In any proceedings –
(a) unless evidence is given to the contrary, no proof is to be required of –
(i) the constitution of the Council; or
(ii) the election or appointment of any member of the Council; or
(iii) the presence of a quorum at any meeting of the Council; and
(b) the production of a certificate purporting to be signed by the Vice-Chancellor stating that a matter specified in the certificate was resolved or determined by the Council on the day specified in the certificate is evidence that the matter so specified was resolved or determined by the Council on the day so specified.
SCHEDULE 2 - Matters in respec
SCHEDULE 2 - Matters in respect of which by-laws may be made
SCHEDULE 2 - Matters in respec SCHEDULE 2 - Matters in respect of which by-laws may be made
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
This Act may be cited as the University of Tasmania Act 1992 .
2 Commencement
2 Commencement
(1) [Section 2 Subsection (1) amended by No. 31 of 2001, s. 4, Applied:30 May 2001] This Act commences on 1 January 1993.
(2) [Section 2 Subsection (2) omitted by No. 31 of 2001, s. 4, Applied:30 May 2001] . . . . . . . .
3 Interpretation
3 Interpretation
In this Act, unless the contrary intention appears –
Academic Senate means the Academic Senate of the University;
[Section 3 Amended by No. 31 of 2001, s. 5, Applied:30 May 2001]
[Section 3 Amended by No. 31 of 2001, s. 5, Applied:30 May 2001][Section 3 Amended by No. 44 of 2012, s. 4, Applied:01 Jan 2013]academic staff means the Vice-Chancellor, Provost, any Deputy Vice-Chancellor, any Pro Vice-Chancellor and members of the staff of the University engaged, either full-time or for fractional time, in teaching and research, research only or teaching only but not including casual employees;
[Section 3 Amended by No. 31 of 2001, s. 5, Applied:30 May 2001]Alumni means an association of graduates of the University as established by Ordinance;
Amalgamation Act means the Higher Education (Amalgamation) Act 1990 ;
body includes committee;
by-law means a by-law of the University made by the Council under section 20 and in force under this Act;
University of Tasmania Act 1992 | Zoe
Creates enforcement and sanction powers for Ordinances and by-laws, and permits recovery of penalties as debts (s 19(3)-(4); Schedule 2 and s 20; see penalty limits).
Prescribes reporting and transparency requirements including an annual report to the Governor and Parliament with a full account of income and expenditure within six months of the financial year end (s 12).
The Act therefore establishes legal personality, governance, administrative delegation, rulemaking and enforcement tools, and explicitly authorises the University to commercialise intellectual property and participate in corporate arrangements, subject to statutory constraints (for example, Treasurer approval prior to borrowing, s 7(2), and consistency with State law, s 18(5); s 20(3)).
The text attributes purposes in functional terms , for example, to “promote and sustain teaching and research to international standards of excellence” and “to foster or promote the commercialisation of any intellectual property” (s 6(c), (fa)). The statutory mechanics translate those stated purposes into powers and processes: commercialisation capability is matched with powers to form companies and acquire shares (s 7(1)(b)-(c)), while governance accountability is matched with annual reporting (s 12) and duty standards for Council members (ss 11A-11B; Schedule 1). The Act also establishes localised regulatory competence over University land through by-laws (s 20) and prescribes how those instruments are to be published and made accessible (s 21).
Who decides, who pays and what changes in behaviour flow from these mechanics are described in later sections with reference to the precise clauses that allocate decision rights, impose duties, or create revenue streams.
Main concepts
The Act operates through a small set of core legal concepts that determine governance, regulatory competence and university activities. Those concepts and their statutory anchors are:
Corporate continuance and identity: The University is a perpetual corporate body, able to sue and be sued and to use a corporate seal under Council control (s 4(1)-(4)). Schedule 3 lists land vested in the University; s 26 preserves that vesting but removes prior restrictions on sale, mortgage or disposal.
Functions and mission: The University’s functions are statutory and multi-faceted, covering advancement, transmission and preservation of knowledge, research, teaching to international standards, development opportunities for students and staff, facilities provision, access to higher education with merit and equity considerations, community engagement, and explicit encouragement of commercialisation of intellectual property (s 6; see s 6(fa) for commercialisation).
Powers: The University has broad powers to act for its functions, including property dealings, forming companies, subscribing for securities, entering partnerships, joint ventures, sharing profits, and borrowing (s 7(1)(a)-(g)). Borrowing is constrained by a requirement for the Treasurer’s written approval (s 7(2)).
Governing authority and composition: The Council is the University’s governing authority and is to act in the University’s best interests (s 9(1)-(2)). The composition of the Council is prescribed with minimums and maximums and specified member categories including Chancellor, Vice-Chancellor, Academic Senate representative, Minister-appointed external members, elected staff representatives, student appointees and up to six Council-appointed external persons (s 8(1)). Schedule 1 sets terms, vacation, disclosure of interests and validity presumptions.
Delegation and committees: The Council may delegate most functions and powers in writing, including to non-members and committees; but it may not delegate the power to make Ordinances and by-laws or its power of delegation (s 10(1)). The Council must establish an audit committee and may establish other committees, which may include non-Council members (s 9(4)-(5)).
Ordinances, rules and by-laws: The Council can make Ordinances not inconsistent with the Act and may authorise rules under Ordinances (s 18(1), (3)-(4)). Ordinances cannot be made for matters in Part 1 of Schedule 2 (traffic by-laws) (s 18(2)). By-laws pertain to management and control of University land and may incorporate State vehicle/traffic laws (s 20(1)-(4)). Ordinances and by-laws are not statutory rules within the meaning of the Rules Publication Act 1953 (s 18(11); s 20(9)), but Ordinances and rules are taken to be regulations under the Acts Interpretation Act 1931, subject to a specific exclusion (s 18(12)).
Discipline and student associations: Ordinances may regulate University discipline and make provision for student and graduate associations (s 19). Ordinances may provide penalties up to 5 penalty units for breaches and may prevail over internal association rules to the extent of inconsistency (s 19(1), (3), (5)-(6)).
Duties and accountability: Council members have statutory duties of care and diligence modelled as a business judgment rule (s 11A) and must act in good faith for proper purposes (s 11B). Annual reporting obligations require presentation of an annual report to the Governor and the Minister within six months of the financial year end, and parliamentary tabling (s 12).
Protections and indemnities: The University must indemnify persons acting in good faith under its direction for acts or omissions in administering the Act (s 22). A person authorised to conduct an inquiry is given immunity equivalent to a Supreme Court judge (s 22AA). Those protections affect risk allocation for University officers and inquiry conductors.
Transitional and savings provisions: Save for repeal of the Amalgamation Act (s 27), prior Ordinances, rules and by-laws under the repealed Act continue in force and are to be read as if made under this Act (Schedule 4, cl 4(2)-(4)). Schedule 4 and other notes record amendment and transition arrangements.
These concepts operate together: the University’s functions (s 6) are linked to powers (s 7), governance (ss 8-11B, Schedule 1) and instruments (ss 18-21). The Act balances internal autonomy with statutory constraints such as Treasurer approval for borrowing (s 7(2)), publication obligations (s 21), and the requirement that Ordinances not conflict with State law (s 18(5)). Where the instrument grants enforcement powers, it also prescribes limits on penalties and recovery mechanisms (s 19(3)-(4); Schedule 2).
Who it affects
The Act assigns rights, duties and regulatory reach that affect identifiable groups and external actors. Key affected parties and the statutory hooks are:
Council members: The primary decision-makers under the Act are Council members. Their roles, appointment or election pathways, term lengths and grounds for removal are governed by s 8 and Schedule 1. They are responsible and accountable to the Council rather than to the appointing body (s 8(3)). They are bound by statutory standards of care and diligence (s 11A) and by obligations to act in good faith for proper purposes (s 11B). Schedule 1 requires disclosure of pecuniary interests and provides for exclusion from deliberation and decision where a conflict exists (Schedule 1, cl 4). Members face potential dismissal by two-thirds majority for failures to discharge duties or incapacity (Schedule 1, cl 2; s 17A for Chancellor/Deputy-Chancellors).
Senior officers: The Vice-Chancellor is the chief academic and executive officer and is appointed by the Council; terms are as the Council determines (s 16). The Chancellor and Deputy-Chancellors are elected by the Council (ss 14-15). These office-holders exercise executive and ceremonial responsibilities and are involved in governance appointments.
Academic staff, professional staff and students: The Act defines these categories (s 3) and gives them roles in governance. Academic staff membership of the University and the Academic Senate matters for constitution (s 5; s 13). One academic staff member is elected to the Council (s 8(1)(e)); one professional staff member is elected (s 8(1)(h)); the Council must appoint at least one student after consultation with relevant student associations and may treat certain student office-holders as Council members under Ordinance (s 8(1)(i); s 19(2)). The Council determines questions of an individual’s status under s 23.
Minister and Treasurer: The Minister appoints two external Council members (s 8(1)(d)), must be consulted before Council and Minister appointments (s 8(5)(b)), and receives the Council’s annual report which the Minister must lay before both Houses (s 12). The Treasurer’s written approval is required before the University may exercise its borrowing power (s 7(2)). These provisions create a direct role for the executive in appointments, oversight and financial checks.
The public and third parties on University land: By-laws over University land may apply to persons with no connection to the University (s 20(5)). Schedule 2 authorises a wide range of traffic and general by-law measures including access control, parking charges, impounding and disposal of vehicles, and prohibitions on bringing prescribed items onto University land. By-laws may impose penalties and alternative payments (Schedule 2 Part 1 and Part 2). The public therefore may be directly regulated when on University land by university-made by-laws.
Student associations and graduate associations: Ordinances may establish, affiliate, organise, merge and dissolve student associations and graduate associations, whether incorporated or not (s 19(1)(d)-(g)). The Council may make Ordinances that modify or restrict the power of an association to make, amend or repeal its own rules, and such Ordinances prevail over association rules where inconsistent (s 19(5)-(6)). These powers affect the internal autonomy and governance of student bodies.
Commercial counterparties and shareholders: The University is empowered to form companies, enter joint ventures and subscribe for shares or securities (s 7(1)(b)-(e)). The explicit statutory function to foster commercialisation of intellectual property (s 6(fa)) combined with corporate powers creates legal standing for the University to enter commercial arrangements, affecting potential private-sector partners and investors.
Individuals authorised to conduct inquiries: Persons authorised by the University to conduct inquiries are given immunity equivalent to a Supreme Court judge when conducting those inquiries (s 22AA), and the University must indemnify persons acting in good faith under University direction (s 22). This affects third parties who may be appointed to investigatory roles and their exposure to legal risk.
Landowners and creditors: Land listed in Schedule 3 remains vested in the University and, by s 26, is free from any prior restrictions on disposal that otherwise might have applied under the repealed Amalgamation Act. This changes the University’s ability to sell, mortgage or otherwise dispose of that land.
Who pays and who benefits in monetary terms is implied by the text: fees and charges collected under by-laws (for parking and related matters) are payable to and applied for the general purposes of the Act (Schedule 2; s 20(8)). Penalties imposed under Ordinances and by-laws create revenue streams payable to the University and may be recovered as debts (s 19(3)-(4); Schedule 2). The Council’s power to allocate funds (s 9(3)(b)) means internal budgetary choices determine beneficiaries within the University and, through commercialisation activities (s 6(fa); s 7(1)(b)-(e)), external commercial counterparties may also benefit.
Key duties and rights
The Act assigns a set of enforceable duties, procedural rights and decision-making powers to institutional actors. These are the statutory levers that shape governance and accountability.
Duties of Council members and office-holders
Care and diligence: A member of Council must exercise powers and discharge duties with the degree of care and diligence that a reasonable person would exercise in the Council’s circumstances and occupying the same office (s 11A(2)). The section contains a statutory business judgment rule: a member making a business judgment is taken to meet s 11A(2) if the member acts in good faith for a proper purpose, lacks a material personal interest, informs themselves appropriately, and rationally believes the judgment is in the University’s best interests (s 11A(3)). The member’s belief is taken to be rational unless no reasonable person in the position would hold it (s 11A(4)).
Act in good faith and for a proper purpose: s 11B requires Council members to exercise powers and duties in good faith in the best interests of the University and for proper purposes.
Disclosure and abstention: Schedule 1, cl 4 mandates disclosure of direct or indirect pecuniary interests at meetings and requires recordation in minutes and absence from deliberation and decision unless the Council determines otherwise.
Decision-making and governance rights
Governing authority: The Council is the governing authority and must act in the way it considers will best advance the University’s interests (s 9(1)-(2)). It has power to appoint persons to positions, allocate funds, establish an audit committee, and create other committees (s 9(3)-(5)).
Composition and appointment rights: The Council’s composition is expressly set out (s 8(1)), with specified categories and appointment mechanisms including Ministerial appointments (s 8(1)(d)), Council appointments (s 8(1)(j)), and elections by staff and students (s 8(1)(e), (h), (i)). Before making appointments, the Minister and Council must publicly notify vacancies, consult, and have regard to skills, regional representation and gender balance (s 8(5)(a)-(c)).
Delegation rights and limits: The Council may delegate functions and powers in writing except its power of delegation and the power to make Ordinances and by-laws (s 10(1)). Delegations may be general or conditional and do not prevent the Council from performing the delegated function itself (s 10(2)).
Ordinance and rule-making: The Council may make Ordinances not inconsistent with the Act (s 18(1)), and Ordinances may authorise rules with the same force and effect as Ordinances (s 18(3)-(4)). Ordinances may prescribe the method of elections and student association matters (s 19).
Rights and protections
Indemnity: The University must indemnify persons who act in good faith under its direction against actions, liabilities, claims or demands in respect of that act or omission (s 22).
Immunity for inquiry conductors: Persons authorised to conduct inquiries have the same protection and immunity as a Supreme Court judge while conducting an inquiry (s 22AA).
Seal presumptions: Courts and judicial actors must take judicial notice of the University’s seal and presume it was duly affixed (s 4(4)).
Enforcement powers and penalties
Ordinances may impose penalties up to 5 penalty units for specified breaches, and unpaid penalties can be recovered as a debt (s 19(3)-(4)).
By-laws on University land can provide for parking charges, impounding and disposal of vehicles, and establish alternative penalty payments not exceeding 2 penalty units (Schedule 2 Part 1; Schedule 2 Part 2). By-laws may apply to persons with no University connection (s 20(5)).
Reporting and transparency duties
Annual report: The Council must present an annual report to the Governor within six months after the end of each financial year and furnish a copy to the Minister; the report must contain a full account of income and expenditure (s 12(1)-(2)). The Minister must cause the report to be laid before both Houses of Parliament (s 12(3)).
Promulgation and accessibility: Ordinances, rules and by-laws must be published in consolidated form at least once a year and made readily available free of charge to staff and students and for public inspection; copies must be available for purchase at reasonable cost (s 21).
Specific statutory constraints and decision rights
Borrowing constraint: The University must obtain the Treasurer’s written approval before exercising its borrowing power (s 7(2)).
Consistency with State law: Ordinances or by-laws have no force to the extent they are inconsistent with State law; they are not taken to be inconsistent if they can be complied with without contravening State law (s 18(5); s 20(3)).
Limits on Ordinance coverage: Ordinances are not authorised for matters referred to in Part 1 of Schedule 2 (traffic by-laws) (s 18(2)); those are the province of by-laws (s 20; Schedule 2).
Taken together, these provisions allocate internal discretion to the Council, prescribe statutory safeguards and transparency measures, create enforcement tools, and set out duties and protections for members and officers. The Act gives the Council substantial decision rights while subjecting certain activities (borrowing, publication, accountability) to external or procedural constraints.
Penalties and enforcement
The Act provides multiple enforcement pathways and penalty caps in relation to Ordinances and by-laws, together with recovery mechanisms and procedural features that shape enforcement practice.
Penalty caps and alternative payments
Ordinance penalties: For Ordinances made in relation to University discipline (s 19(1)(a)), an Ordinance or rule may provide for penalties not exceeding 5 penalty units for specified breaches (s 19(3)). The Act also contemplates recovery of unpaid penalties as debts due to the University, enabling civil enforcement in a court of competent jurisdiction (s 19(4)).
By-law penalties: Schedule 2 (Part 1 and Part 2) provides by-law powers concerning traffic and general management on University land. Those provisions permit the Council to:
Authorise imposition and collection of charges for parking and standing of vehicles, including parking meters and voucher machines (Schedule 2 Part 1, para (d)).
Prescribe that, in respect of alleged parking offences, the owner may be taken to have committed the offence in the absence of proof to the contrary, and to determine who is the owner at the relevant time (Schedule 2 Part 1, paras (h)-(i)).
Enable an alleged offender to pay a specified penalty not exceeding 2 penalty units as an alternative to prosecution (Schedule 2 Part 1, para (j); Part 2, para (f)).
Provide for punishment on summary conviction by a fine not exceeding 5 penalty units for offences against a by-law (Schedule 2 Part 1 para (k); Part 2 para (g)).
Enforcement mechanisms and procedural options
Impounding and disposal: By-laws can authorise removal, impounding and eventual disposal or destruction of vehicles that are illegally parked or abandoned, including conditions for release and payment of specified amounts to secure release (Schedule 2 Part 1, paras (f)-(g)). This gives the University a property-level enforcement remedy that attaches to vehicles on University land.
Owner liability presumptions: The by-law power includes a statutory presumption in the absence of proof as to identity: the owner of the vehicle may be taken to have committed the offence (Schedule 2 Part 1, para (h)). The Council may determine the person to be taken as owner for enforcement purposes (Schedule 2 Part 1, para (i)). These mechanisms lower the evidentiary hurdles for enforcement against parking offences but remain constrained by procedural fairness considerations that the Ordinance or by-law must itself provide.
Recovery as debt: The Act allows unpaid penalties under Ordinances to be recovered as debts due to the University in a court of competent jurisdiction (s 19(4)). This gives the University a civil enforcement route in addition to criminal or summary conviction options.
Limits and legal framing of instruments
Maximum caps: The Act sets numeric ceilings on penalties (2 penalty units for alternative payment, 5 penalty units for summary conviction fines) but does not itself define the monetary value of a penalty unit; that is a separate statutory construct in State law. Enforcement practice must therefore translate penalty units into monetary values using the applicable State penalty unit schedule.
Consistency with State law: Ordinances and by-laws have no force or effect to the extent they are inconsistent with State law, but a provision is not taken to be inconsistent if it can be complied with without contravening State law (s 18(5); s 20(3)). This frames enforcement: local university instruments cannot authorise conduct that would contravene broader State regulatory frameworks.
By-laws and rules publication: Ordinances and by-laws are not statutory rules within the meaning of the Rules Publication Act 1953 (s 18(11); s 20(9)), so they escape that specific statutory regime. However, the Council must publish Ordinances, rules and by-laws in consolidated form annually and make them available for free inspection and purchase (s 21). This procedural publication requirement imposes a transparency obligation that instruments-makers must meet before or during enforcement.
Protections affecting enforcement actors
Indemnity and immunity: The University must indemnify persons acting in good faith under its direction against actions, liabilities, claims or demands in respect of those acts or omissions (s 22). Additionally, a person authorised to conduct an inquiry has the same protection and immunity as a Supreme Court judge while conducting the inquiry (s 22AA). These protections insulate University officials and inquiry conductors from some personal legal exposure arising from enforcement or investigatory acts.
Administrative frameworks shaping enforcement
Delegation: The Council may delegate functions and powers (s 10), and committees may include non-Council persons (s 9(4)-(5)). Councils can therefore design enforcement regimes and appoint enforcement officers or contractors, but cannot delegate the primary ordinance-making power itself.
Prescriptions in Ordinances: The Act foresees that Ordinances may prescribe enforcement procedures and penalties (s 19(3)); where an Ordinance imposes a penalty, it must also specify payment procedures and timeframes to enable recovery as a debt under s 19(4).
In practice the Act furnishes the University with a mixed enforcement toolkit: by-law rules for land management and traffic control (including fees, impounding and owner presumptions), Ordinance power to discipline and regulate internal university affairs with civil recovery options, and statutory protections for those who carry out enforcement or inquiries. The enforcement options are bounded numerically by penalty unit ceilings and institutionally by requirements of publication and State law consistency.
How it interacts with other laws
The Act creates an institutional shell that operates alongside and, in certain respects, within the framework of State law. The text contains explicit cross-references and constraints that define those interactions.
Consistency and primacy
Ordinances and by-laws cannot be given effect to the extent they are inconsistent with a law of the State (s 18(5); s 20(3)). The Act itself contains a saving: a provision is not taken to be inconsistent with State law if it can be complied with without contravening that law. Therefore, University instruments must be read and drafted with State statutory obligations in mind; where a conflict exists, State law prevails.
Statutory rule-making regimes
Ordinances and by-laws are not “statutory rules” for the purposes of the Rules Publication Act 1953 (s 18(11); s 20(9)). However, Ordinances and rules are taken to be “regulations” for the purposes of the Acts Interpretation Act 1931, save that s 47 of that Act does not apply to such an Ordinance or rule (s 18(12)). This places Ordinances and rules in a hybrid position: subject to some interpretive frameworks applicable to regulations but exempt from specified provisions of the Acts Interpretation Act and from the Rules Publication Act regime. Practically, this means some administrative rule-making oversight that applies to statutory rules does not apply to University Ordinances/by-laws; yet the Act separately mandates publication and public accessibility (s 21), producing a bespoke transparency regime.
Corporations and directors law
Schedule 1 cl 2(ca) disqualifies a Council member from continuing in office if they are disqualified from acting as a director under Part 2D.6 of the Corporations Act 2001 (Commonwealth). This anchors certain fitness criteria for Council membership to the Corporations Act director-disqualification regime and integrates corporate law standards into Council eligibility.
Borrowing and financial oversight
The University may not exercise borrowing powers without Treasurer’s written approval (s 7(2)). This introduces an executive financial checkpoint that interacts with State public finance governance. The annual report requirement includes a full account of income and expenditure and the Minister must lay the report before Parliament (s 12(1)-(3)). The interplay with State budgetary and financial oversight structures is therefore explicit.
Property and land law
University land defined in s 3 and listed in Schedule 3 remains vested in the University; s 26 continues vesting of that land but removes prior restrictions as to the University’s power to sell, mortgage or dispose of the land. The Act’s provisions operate alongside State land law (for example, registration, easements and conveyancing rules), and s 20(4) enables by-laws to incorporate State vehicle and traffic laws, showing a direct mechanism for operational alignment with State traffic regulations.
Associations law
Where student associations are incorporated under the Associations Incorporation Act 1964, s 19(7) provides that s 19 applies notwithstanding provisions of that Act. The Council’s Ordinance powers to regulate or override association rules therefore interact directly with the Associations Incorporation Act framework.
Legal process and courts
Courts are directed to take judicial notice of the University’s seal and to presume it was duly affixed (s 4(4)). Recovery of unpaid penalties as debts under s 19(4) interacts with general civil enforcement mechanisms and court jurisdiction rules.
Transitional and savings provisions
Schedule 4 preserves Ordinances, rules and by-laws under the repealed Amalgamation Act in force as if they were made under this Act (Schedule 4 cl 4(2)-(4)) subject to applicability limits. The Act repeals the Amalgamation Act (s 27) but provides savings and transitional regulation powers for the Governor on Council recommendation (s 25). These transitional mechanisms interact with prior statutory frameworks and ensure continuity.
Administrative arrangements
Until administrative arrangements under the Administrative Arrangements Act 1990 are made, the administration of this Act is assigned to the Minister for Education and the Arts and the Department of Education and the Arts (s 28). This provides an interim administrative link to existing executive arrangements.
In sum, the Act is not standalone; it is woven into State and Commonwealth regimes through explicit cross-references to the Corporations Act director-disqualification rules, limitations to consistency with State law, integration with vehicle and traffic law by reference, and financial oversight connections through Treasurer approval and parliamentary reporting. At the same time the Act creates its own bespoke rulemaking and publication apparatus for University instruments that differs from standard State rulemaking regimes.
Amendment history
The Act text includes embedded amendment annotations identifying legislative changes at specific dates. The source shows the following amendment landmarks, identified by the in-text annotations and effective dates:
1993 commencement: The Act commenced on 1 January 1993 (s 2(1) as amended by earlier note). The Act also contains transitional provisions to carry forward pre-existing Ordinances and rules (Schedule 4 cl 4).
2001 amendments (University of Tasmania Amendment Act 2001, No. 31 of 2001):
Section 2: Subsection (1) amended by No. 31 of 2001, s 4, applied 30 May 2001; subsection (2) omitted by No. 31 of 2001, s 4 (s 2).
Section 3: Multiple amendments by No. 31 of 2001, s 5, applied 30 May 2001, changing definitions including “Academic Senate”, “academic staff”, “Alumni”, “financial year” adjustments and others (s 3).
Section 5: Subsection (1) amended by No. 31 of 2001, s 6 (s 5).
Section 6: Amended by No. 31 of 2001, s 7 to add commercialisation function (s 6(fa)).
Sections 8-11A/11B: Significant changes were effected by No. 31 of 2001, including substitution of s 8 (constitution of Council) by s 8 of the amending Act, and insertion of ss 11A and 11B (duty provisions) applied 01 Sep 2001 (see ss 8, 11A, 11B).
Schedule 1: Various clauses amended by No. 31 of 2001, s 17, applied 01 Sep 2001, adjusting terms of office, vacation and other provisions.
Schedule 4: Part amendments directed by No. 31 of 2001, s 18 applied 30 May 2001, modifying transitional arrangements.
2004 amendments (No. 49 of 2004):
Section 8(1)(d), (f), (g), (i), (j) and related Schedule 1 provisions were amended by No. 49 of 2004, s 4 and s 6 and applied 01 Jan 2005, adjusting Council composition, appointment processes, and ineligibility criteria (see ss 8; Schedule 1 cl 1(2) references to Part 2D.6 Corporations Act disqualification added).
Schedule 1 cl 2 and related provisions were adjusted by No. 49 of 2004 s 6.
Section 22AA was inserted by No. 49 of 2004, s 5, applied 01 Jan 2005, creating the immunity for persons conducting inquiries (s 22AA).
2012 amendments (University of Tasmania Amendment Act 2012, No. 44 of 2012):
Multiple amendments applied 01 Jan 2013, showing a reconfiguration of Council composition and definitions:
Section 3 definitions updated (No. 44 of 2012 s 4).
Section 4(5) inserted by No. 44 of 2012 s 5 confirming continuation since 1890.
Section 8(1) and related Schedule 1 (cl 1) amended by No. 44 of 2012 s 7 and s 11 respectively to adjust Council composition and term rules and to provide savings for constitution as at 1 January 2013 (Schedule 4 references).
Section 17A inserted by No. 44 of 2012 s 8, applied 01 Jan 2013, giving Council the power to dismiss Chancellor/Deputy-Chancellors by two-thirds majority (s 17A).
Section 22A amended and other cross-references updated by No. 44 of 2012 s 9-12, with transitional provisions (Schedule 4 Part 2) to preserve existing members until expiry of terms (Schedule 4 cl 6A).
Other annotated changes: The Act contains numerous in-text amendments referencing the original Amalgamation Act and its repeal (s 27) and transitional saving sections carried over via Schedule 4. The annotations in the provided text identify the relevant amendment number, section and application date where the legislature recorded the change.
The in-text amendment notes supply the authoritative record in this source. They show a pattern of substantive governance reform in 2001, adjustments to Council composition and eligibility in 2004, and further compositional and procedural changes in 2012, including explicit powers to dismiss senior office-holders and to confirm historical continuity of the University’s establishment.
Readers should rely on the annotated provisions and the effective dates shown in the text when determining which version of a clause applied at any point in time. The Act itself embeds these amendment notes; they operate as the internal amendment history provided by the source.
Litigation history
The source material supplied is the operative text of the Act together with its annotated amendment history. The Act itself does not include references to court decisions, cases, judgments or a litigation register. No cases or litigation developments are named or described in the statutory text provided.
Consequently:
The Act, as supplied, contains no litigation history or reported judicial interpretations within it. The text prescribes legal duties, powers and procedures, but does not record adjudications about their meaning or application.
Where the Act anticipates judicial interaction it does so procedurally, for example by enabling the recovery of unpaid penalties as a debt in a court of competent jurisdiction (s 19(4)), and by instructing courts to take judicial notice of the University’s seal (s 4(4)). These provisions indicate likely areas for court involvement but do not supply litigation outcomes or precedent.
Because the provided source does not include case law, any questions about how courts have interpreted the statutory duties in ss 11A-11B, the scope of Ordinances and by-laws, the validity of Council acts under Schedule 1 presumptions, or the boundary between University by-laws and State law would require separate legal research in reported decisions, unreported judgments or administrative determinations. The Act itself does not supply that material.
Practitioners and researchers needing precedent on the interpretation or enforcement of particular provisions in this Act should identify and consult decisions of courts and tribunals where this Act was argued. The statutory text alone sets legal standards and procedural routes but does not resolve how discretionary duties or conflicts have been judicially resolved. The absence of litigation reference in the source is therefore descriptive: the Act does not itself record litigation history.
Gotchas
The Act contains numerous provisions that may produce surprising practical outcomes unless attended to carefully. These are concrete mechanics and compliance traps drawn directly from the statutory language.
By-laws are not statutory rules but can apply to the public
The Act explicitly states that Ordinances, rules and by-laws are not statutory rules within the meaning of the Rules Publication Act 1953 (s 18(11); s 20(9)). That means by-laws do not follow the statutory rules publication process. At the same time, by-laws may be drafted to apply to persons irrespective of whether they have any connection with the University (s 20(5)). The combination means the University can regulate public conduct on University land outside the Rules Publication Act regime, while a separate annual publication obligation exists (s 21). Practitioners must therefore ensure visibility and procedural fairness through s 21 compliance rather than relying on statutory rules processes.
Owner presumptions and impounding powers for vehicles
By-laws may provide for impounding and disposal of vehicles and may make the owner liable in the absence of proof to the contrary (Schedule 2 Part 1 paras (f), (g), (h)-(i)). The owner-presumption shifts evidentiary burdens, and the by-law may specify who is to be taken as owner. This can create tension with criminal or property law principles if not carefully implemented, and requires precise drafting and appropriate notice mechanisms before impounding or disposal.
Penalty unit ceilings without a monetary conversion in the Act
The Act caps penalties in terms of “penalty units” (s 19(3); Schedule 2 paras (j), (k); Part 2 para (f)), but does not define the monetary value of a penalty unit. Translation to a dollar amount must use the State’s penalty unit schedule. Drafting and enforcement must therefore account for that external conversion and any changes to the value of a penalty unit over time.
Wide delegation with limited textual oversight
The Council may delegate almost any function in writing, including to persons who are not Council members, and committees may include non-members (s 10(1); s 9(5)). This can speed operational decision-making but may dilute accountability. The Act disallows delegation of the power to make Ordinances and by-laws and the power of delegation itself (s 10(1)), but otherwise leaves substantial discretion. Practitioners should ensure delegation instruments are carefully drafted and recorded.
Ordinances may prevail over student association rules
Ordinances made under s 19 can prevail over student association rules to the extent of inconsistency (s 19(5)). If a student association is incorporated, s 19(7) operates notwithstanding the Associations Incorporation Act 1964. This alters the autonomy student associations might expect and may have implications for contractual or incorporation-based governance frameworks.
Significant personal protections for University inquiry actors
A person authorised by the University to conduct an inquiry has the same protection and immunity as a judge of the Supreme Court while conducting that inquiry (s 22AA). That level of immunity is unusual for administrative inquiries and can expand the range of persons willing to undertake internal investigations, but it may also raise concerns about checks and balances if exercise is ill-defined by internal instruments.
Broad commercial powers, but borrowing constrained
The University is explicitly empowered to form companies and participate in joint ventures (s 7(1)(b)-(e)) and has a statutory function to foster commercialisation (s 6(fa)). However, borrowing requires the Treasurer’s written approval (s 7(2)). This combination enables commercial activity but places a fiscal check on funded expansion that relies on external debt.
Two-thirds dismissal votes and counting rules
Dismissal of Council members for failure to discharge duties requires a two-thirds majority (Schedule 1 cl 2). When the Chancellor or a Deputy-Chancellor is the subject of a dismissal motion, their vote is not to be counted for the two-thirds calculation (s 17A(2)). Similarly, Schedule 1 cl 2(3) provides for non-counting of the vote of a member subject to a dismissal motion. These precise voting rules must be followed exactly to ensure valid removal.
Continuing effect of pre-existing Ordinances and transitional rules
Ordinances, rules and by-laws in force under the repealed Amalgamation Act continue in force as if made under this Act, but only in relation to persons, lands and matters for which the University could have made them (Schedule 4 cl 4(2)-(4)). This requires careful review of legacy instruments during any reform to ensure they fit within the Act’s newly structured powers.
Freedom to apply by-laws across the public sphere on University land
Because by-laws may apply to those without University connection (s 20(5)) and because they can incorporate State traffic laws (s 20(4)), external third parties may be regulated in ways that resemble municipal traffic regulation. Councils must ensure that by-laws are drafted to be enforceable and that adequate signage, notice and accessibility (s 21) are provided.
Each “gotcha” above is grounded in specific clauses. They point to drafting, publication, parliamentary and executive interactions, and enforcement steps that require operational attention if the University or third parties are to avoid legal risk or unintended consequences.
How to comply
This section sets out practical, clause-grounded compliance steps for the University, Council members, officers, student associations, and third parties subject to University instruments. Each requirement is tied to the specific statutory provision.
Governance and Council compliance
Understand and observe Council composition and appointment rules. Implement appointment procedures that reflect s 8(1) categories and the Schedule 1 term limits and vacancy rules. Before appointments, comply with s 8(5): publicly notify vacancies, consult between Minister and Council, and consider skills, regional representation and gender balance.
Record and enforce conflicts of interest and disclosure. Implement meeting procedures that ensure a member discloses direct or indirect pecuniary interests at the earliest opportunity and that minutes record disclosures as required by Schedule 1 cl 4. Ensure the member is absent from deliberation and decision unless the Council determines otherwise.
Apply the duty framework for members. Ensure induction and ongoing advice for Council members on ss 11A-11B obligations: care, diligence, business judgment conditions and acting in good faith for proper purposes. Maintain evidence of informed decision-making (papers, briefings) to support the
Chancellor means the Chancellor of the University elected under section 14 ;
commencement day means 1 January 1993;
Council means the Council of the University;
Deputy-Chancellor means a Deputy-Chancellor of the University elected under section 15 ;
[Section 3 Amended by No. 31 of 2001, s. 5, Applied:30 May 2001]
financial year means a period of 12 months ending on 31 December in any year;
[Section 3 Amended by No. 31 of 2001, s. 5, Applied:30 May 2001][Section 3 Amended by No. 44 of 2012, s. 4, Applied:01 Jan 2013]
graduate means –
(a) a person upon whom the University, or one of the University's predecessors in law, has conferred a degree, diploma or certificate; or
(b) any other person who holds an award specified, by Ordinance, for the purposes of this definition;
[Section 3 Amended by No. 31 of 2001, s. 5, Applied:30 May 2001]intellectual property means all copyright including future copyright, trademarks, designs, patents registered and unregistered, plant breeders' rights, trade secrets and know-how, semiconductor or circuit layouts and all other intellectual property as defined in the convention of 1967 establishing the World Intellectual Property Organisation;
Ordinance means an Ordinance of the University made by the Council under section 18 and in force under this Act;
[Section 3 Amended by No. 44 of 2012, s. 4, Applied:01 Jan 2013]professional staff means the staff of the University, engaged full-time or for fractional time, but not including casual employees or the academic staff;
rule means a rule made, and in force, under an Ordinance;
[Section 3 Amended by No. 31 of 2001, s. 5, Applied:30 May 2001]student means a person who is for the time being enrolled as a student of the University;
University means the University of Tasmania;
University land means –
(a) the land vested in the University specified in Schedule 3 ; and
(b) any other land occupied by the University;
Vice-Chancellor means the Vice-Chancellor of the University appointed under section 16 .
Part 2 The University
Part 2 The University
Division 1 Continuance and incorporation
Division 1 Continuance and incorporation
4 Continuance and incorporation of University
4 Continuance and incorporation of University
(1) Notwithstanding the repeal by this Act of the Amalgamation Act , the University continues in existence under and subject to the provisions of this Act under the name "University of Tasmania".
(2) The University –
(a) has perpetual succession and a seal; and
(b) may sue and be sued in its corporate name.
(3) The seal is to be kept and used only as authorized by the Council.
(4) All courts and persons acting judicially must take judicial notice of the imprint of the seal on a document and presume that it was duly sealed by the University.
(5) [Section 4 Subsection (5) inserted by No. 44 of 2012, s. 5, Applied:01 Jan 2013] For the avoidance of doubt, the University is taken to have continued in existence under the name "University of Tasmania" since its establishment in 1890.
Division 2 Constitution, functions and powers
Division 2 Constitution, functions and powers
5 Constitution of the University
5 Constitution of the University
(1) The University consists of –
(a) the members of the Council; and
(b) [Section 5 Subsection (1) amended by No. 31 of 2001, s. 6, Applied:30 May 2001] the members of the academic staff; and
(c) [Section 5 Subsection (1) amended by No. 31 of 2001, s. 6, Applied:30 May 2001] . . . . . . . .
(d) [Section 5 Subsection (1) amended by No. 31 of 2001, s. 6, Applied:30 May 2001][Section 5 Subsection (1) amended by No. 44 of 2012, s. 6, Applied:01 Jan 2013] the members of the professional staff; and
(e) the graduates; and
(f) the students.
(2) Notwithstanding subsection (1) , a person referred to in that subsection may make a statutory declaration that he or she has a conscientious objection to being a member of the University and, on giving the declaration to the Vice-Chancellor, he or she ceases to be a member of the University.
(3) A person who makes a declaration under subsection (2) does not, by that declaration, prejudice any other position or status which that person holds or enjoys –
(a) by virtue of his or her employment at, or participation in the affairs of, the University; or
(b) as a student or graduate of the University.
6 Functions of the University
6 Functions of the University
The University has the following functions:
(a) to advance, transmit and preserve knowledge and learning;
(b) to encourage and undertake research;
(c) to promote and sustain teaching and research to international standards of excellence;
(d) to encourage and provide opportunities for students and staff to develop and apply their knowledge and skills;
(e) to provide educational and research facilities appropriate to its other functions;
(f) to promote access to higher education having regard to principles of merit and equity;
(fa) [Section 6 Amended by No. 31 of 2001, s. 7, Applied:30 May 2001] to foster or promote the commercialisation of any intellectual property;
(g) to engage in activities which promote the social, cultural and economic welfare of the community and to make available for those purposes the resources of the University.
7 Powers of the University
7 Powers of the University
(1) The University has power to do, both in Tasmania and elsewhere, all things necessary or convenient to be done for or in connection with the performance of its functions and, in particular, has power –
(a) to acquire, hold and dispose of real and personal property; and
(b) to form, and participate in the formation of, companies; and
(c) to subscribe for and purchase shares in, and debentures and other securities of, companies; and
(d) to enter into partnerships; and
(e) to participate in joint ventures and arrangements for the sharing of profits; and
(f) to borrow money; and
(g) to do anything incidental to any of its powers.
(2) Notwithstanding subsection (1)(f) , the University is not to exercise its power to borrow money unless it has first obtained the written approval of the Treasurer.
Division 3 The Council of the University
Division 3 The Council of the University
8 Constitution of the Council
8 Constitution of the Council
[Section 8 Substituted by No. 31 of 2001, s. 8, Applied:01 Sep 2001]
(1) [Section 8 Subsection (1) amended by No. 44 of 2012, s. 7, Applied:01 Jan 2013] The University has a Council consisting of not less than 10 and not more than 14 members, comprising the following:
(a) the Chancellor;
(b) the Vice-Chancellor;
(c) the Chairperson of the Academic Senate or, if the Vice-Chancellor occupies that office, the Deputy Chairperson of the Academic Senate;
(d) [Section 8 Subsection (1) amended by No. 49 of 2004, s. 4, Applied:01 Jan 2005][Section 8 Subsection (1) amended by No. 44 of 2012, s. 7, Applied:01 Jan 2013] 2 persons appointed by the Minister, each of whom must not be a student or member of the academic staff or professional staff and of whom at least one must be a graduate of the University;
(e) [Section 8 Subsection (1) amended by No. 44 of 2012, s. 7, Applied:01 Jan 2013] one member of the academic staff elected by the academic staff;
(f) [Section 8 Subsection (1) amended by No. 49 of 2004, s. 4, Applied:01 Jan 2005] . . . . . . . .
(g) [Section 8 Subsection (1) amended by No. 49 of 2004, s. 4, Applied:01 Jan 2005] . . . . . . . .
(h) [Section 8 Subsection (1) amended by No. 44 of 2012, s. 7, Applied:01 Jan 2013] one member of the professional staff elected by the professional staff;
(i) [Section 8 Subsection (1) amended by No. 49 of 2004, s. 4, Applied:01 Jan 2005][Section 8 Subsection (1) amended by No. 44 of 2012, s. 7, Applied:01 Jan 2013] a minimum of one student appointed by the Council, after consultation with any relevant student associations;
(j) [Section 8 Subsection (1) amended by No. 49 of 2004, s. 4, Applied:01 Jan 2005][Section 8 Subsection (1) amended by No. 49 of 2004, s. 4, Applied:01 Jan 2005][Section 8 Subsection (1) amended by No. 44 of 2012, s. 7, Applied:01 Jan 2013][Section 8 Subsection (1) amended by No. 44 of 2012, s. 7, Applied:01 Jan 2013][Section 8 Subsection (1) amended by No. 44 of 2012, s. 7, Applied:01 Jan 2013] up to 6 persons appointed by the Council, each of whom must not be a member of the academic staff or professional staff or a student and of whom at least one must be a graduate of the University.
(k) [Section 8 Subsection (1) amended by No. 44 of 2012, s. 7, Applied:01 Jan 2013] . . . . . . . .
(2) [Section 8 Subsection (2) omitted by No. 49 of 2004, s. 4, Applied:01 Jan 2005] . . . . . . . .
(3) A member of the Council is responsible and accountable to the Council rather than to any constituent body by which he or she was appointed or elected.
(4) Schedule 1 has effect with regard to the members, proceedings and activities of the Council.
(5) [Section 8 Subsection (5) substituted by No. 49 of 2004, s. 4, Applied:01 Jan 2005] Before making an appointment to the Council, the Minister and the Council must –
(a) give public notification of the vacancy; and
(b) consult with each other about any intended appointment; and
(c) have regard to the balance of skills and experience, regional representation and an appropriate gender balance.
(6) [Section 8 Subsection (6) amended by No. 44 of 2012, s. 7, Applied:01 Jan 2013] In respect of the constitution of the Council on 1 January 2013, this section has effect subject to Schedule 4.
(7) For the purposes of subsection (1)(e) ,
[Section 8 Subsection (7) amended by No. 44 of 2012, s. 7, Applied:01 Jan 2013]academic staff does not include the Vice-Chancellor, Provost, any Deputy Vice-Chancellor or any Pro Vice-Chancellor.
9 Role and powers of the Council
9 Role and powers of the Council
(1) The Council is the governing authority of the University.
(2) The Council is to act in all matters concerning the University in the way it considers will best advance the interests of the University.
(3) The Council has power to do all things necessary or convenient to be done for or in connection with the performance of its function as the University's governing authority and, in particular, has power –
(a) to appoint persons to positions of responsibility within the University; and
(b) to allocate funds and otherwise determine the best use of the resources of the University.
(4) [Section 9 Subsection (4) inserted by No. 31 of 2001, s. 9, Applied:01 Sep 2001] The Council must establish an audit committee and may establish other committees to perform or exercise any of its functions or powers.
(5) [[Section 9 Subsection (5) inserted by No. 31 of 2001, s. 9, Applied:01 Sep 2001]](/view/html/inforce/2001-
This is an opening excerpt, not the complete document.