University of Western Australia Act 1911 — Zoe

Western Australia act

University of Western Australia Act 1911

In ForceWA

Jurisdiction

Western Australia

Collection

act

Plain English Summary

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What this Act does, who it affects, and why it matters

This Act creates and governs The University of Western Australia (the University). It sets out the University’s legal status, who runs it, how it handles land, money and rules, and how students and the Student Guild are treated. The Preamble states the law’s purpose as creating and endowing a university, promoting instruction in practical arts and liberal studies, and encouraging those hindered by lack of opportunity or means (Preamble).

Key mechanical changes and powers

Establishment and governance
- The University is a body corporate capable of holding property and suing or being sued (s 3, s 6). The Senate is the University’s governing authority (s 5). The Governor is the Visitor with customary Visitor functions and may act without Executive Council advice for that role (s 7).
Composition, duties and removal of governors
- The Act prescribes who sits on the Senate (appointed members, elected academic and non‑academic staff members, student members, ex officio officers, coopted members) and minimum skill/graduate representation requirements (s 8). It creates a Nominations Committee to maintain candidate lists and recommend appointments (s 9A). Members have statutory duties of honesty, care and putting the University’s interests first (Schedule 1 cl 1), must disclose material personal interests (Schedule 1 cl 2) and are prevented from voting or being present on matters in which they have such interests unless the Senate or Minister permits otherwise (Schedule 1 cl 3 and cl 4; cl 6).

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Deep Dive

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What it does

The University of Western Australia Act 1911 creates, incorporates, and endows the University of Western Australia as a perpetual body corporate under s.6, capable of suing and being sued and dealing in real and personal property. Section 3 declares the existence of the University with faculties prescribed by Statute. The Senate is designated the governing authority under s.5, with power under s.13 to appoint officers, manage affairs, and act in the University's best interests subject to the Act, Statutes, awards, and agreements.

Part 4 Division 3 confers specific property and financial powers. Section 14 grants the Senate control and management of all vested property, including the ability to improve land and apply trust funds. Section 14A permits sale of endowment land with Governor's consent, with proceeds invested under the Trustees Act 1962. Section 15 allows leases up to 21 years, or longer with Ministerial approval, and mortgages with approval. Section 15A authorises use of trust moneys not immediately required for erection of income-producing buildings on University land, treated as a loan repaid by debentures over up to 50 half-yearly instalments at a Minister-approved rate, with the unpaid amount forming a first charge on the land.

Sections 15B to 15F, inserted by the 2016 amendments, expand financing options. The University may borrow, obtain credit, issue debt paper, create capital instruments, and arrange financial accommodation (s.15B). Guarantees by the Treasurer on Ministerial recommendation are available but require prior notice under s.15C; the University must provide security (s.15D). Charges for guarantees are fixed by the Treasurer after consultation (s.15E). Section 15F permits provision of residential accommodation for staff and students, exempt from longer-term lease restrictions.

Regulatory powers are extensive. Section 16A empowers by-laws for management, protection, and regulation of University lands (defined in s.16A(4) as the Crawley site and prescribed lands), covering admission, fees, conduct, prohibitions on nuisance or damage, vehicle parking and removal, and modified penalties. By-laws must be sealed, approved by the Governor, published in the Gazette, and made publicly available (ss.16B, 16D). Penalties may not exceed $1,000 (s.16C). Section 16E allows regulations for management, government, and discipline, exempt from Interpretation Act 1984 s.42.

Current sections

Direct links to the current provisions in University of Western Australia Act 1911.

Authorised Version

The authorised version of this legislation is published by the jurisdiction's legislation service. Follow the link below to read or download it from the official source.

View on official register

Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.

The Act’s stated purpose is to establish and endow a university and promote instruction and access (Preamble). The Act creates governance structures and powers intended to operate a modern university (e.g. appointment powers, Statutes, property control).
Who pays
- Students pay fees and any amenities and services fee the Senate prescribes; the Senate must allocate at least 50% of that fee to the Student Guild (s 28A). Senate members’ remuneration and allowances (if set) are paid from University funds (s 11B). Penalties under by‑laws are payable to the University (s 16C(3)). Charges for State guarantees are payable by the University and credited to the Consolidated Account (ss 15E, 15D(4)‑(5)). When trust moneys are used for building, the University repays the trust fund (s 15A(3A)‑(3E)).
Who decides
- The Senate is the principal decision maker for University affairs (s 5). The Governor (on submission) approves Statutes and by‑laws (ss 16B, 33). The Treasurer determines the form, terms and conditions of any State guarantee and may fix guarantee charges after consultation with the University (ss 15D(2), 15E(1)). The Minister recommends some Governor appointments and may receive nominations and make certain decisions under transitional provisions (s 8(1)(a), s 9A(4)). The Vice‑Chancellor may authorise staff or contractors as authorised persons for enforcement of by‑laws (s 16AA(2)).
Incentives, trade‑offs and opportunity costs
- The ability to use trust moneys to erect income‑producing buildings (s 15A) converts trust capital into a loan to the University, providing near‑term capital for campus development but creating a repayment obligation to the trust estate secured by a charge on the land (s 15A(3A)‑(5)). That shifts the opportunity to earn returns from the trust manager to the University while creating long‑term secured obligations to the trust fund.
- Borrowing powers and availability of State guarantees (ss 15B, 15D) lower the University’s financing constraints where a guarantee is provided, but guarantees are subject to Treasurer terms and the University must provide security and pay charges (ss 15D(2)‑(3), 15E). The Act requires registers for debt instruments (s 15B(4)‑(5)), which creates administrative compliance obligations.
- Sale and long leases of endowment or University lands (ss 14A, 15) allow commercial transactions that monetise land assets, subject to Governor or Minister approvals; proceeds are to be reinvested as trust funds when endowment land is sold (s 14A(2)). Long leases or mortgages may affect future control or use of campus land and create conventional property‑market effects.
- The Senate’s power to make by‑laws (s 16A) and impose penalties (s 16C) gives the University tools to manage behaviour and campus operations; making by‑laws publicly available beyond Gazette publication (s 16D) increases transparency but requires administrative mechanisms for public access.
- The Student Guild fee structure (s 28A) centralises collection and requires a fixed minimum transfer to the Guild (s 28A(3)), affecting how services are funded on campus and imposing statutory accounting and audit requirements on the Guild (s 28B(3)).
Compliance burden and bureaucratic discretion
- The Act creates multiple procedural and disclosure obligations: Senate duties and interest disclosure (Schedule 1), requirement to maintain registers for debt instruments (s 15B(4)‑(5)), publicly available Statutes and by‑laws (ss 34A, 16D), and auditing/accountability requirements for Student Guild funds (s 28B(3)). These impose ongoing administrative work.
- The Senate has broad discretionary powers over University affairs (s 13, s 14, s 16A(6)(c)), including discretionary authorities in by‑laws (s 16A(6)(c)) and strong delegation capabilities (s 16G). The Governor/Treasurer/Minister retain oversight roles (ss 7, 15D, 15E, 16B, 33), creating multiple points of executive discretion in statutory processes.
Effects on private enterprise, competition and individual choice (as supported by the Act)
- The Act allows the University to lease, mortgage and sell land and to provide residential accommodation for staff or students (ss 14A, 15, 15F). Those powers enable the University to act in property and accommodation markets; this may create commercial activity by the University that operates alongside private providers, but the Act itself simply authorises those activities and prescribes approval routes and controls.
- The University’s ability to borrow and create capital instruments (s 15B) lets it raise finance on corporate terms; availability of State guarantees (s 15D) means the State may underwrite some University obligations subject to Treasurer terms and security.
Implementation risks and potential unintended consequences
- Use of trust moneys for University building projects (s 15A) requires Minister‑approved repayment terms and creates a first charge on land; misestimation of income streams could affect both the University’s finances and the trust beneficiaries.
- The Minister’s power to declare conflict‑of‑interest voting rules inapplicable in specified matters (Schedule 1 cl 6) and the Governor/Treasurer role in approving Statutes, by‑laws and guarantee terms (ss 16B, 33, 15D) create routes where external actors can influence internal University governance; procedural safeguards are present for member removal (s 11A) but the Act gives multiple approval nodes that can affect speed and outcomes of statutory change.
- By‑laws may create enforceable penalties and vehicle removal processes (s 16A, s 16C), which require clear public communication and operational capacity to avoid challenge; the Act requires by‑laws to be publicly available beyond Gazette publication (s 16D), acknowledging that Gazette publication alone is insufficient for transparency.

Who it affects

The Act primarily affects the University of Western Australia itself as a body corporate, its Senate, Convocation, officers, staff, students, and the Student Guild. Senate members (up to 21 under s.8(1)) include three Governor-appointed persons on Ministerial recommendation, elected academic and non-academic staff, the Chancellor, Chair of the Academic Board, Vice-Chancellor, two elected students, two elected Convocation members, and up to five co-opted persons. At least two must have financial expertise, one commercial expertise, and four must be graduates (s.8(4)-(5)). Certain staff are ineligible for particular categories (s.8(3), (3A)).

Convocation comprises past and present Senate members, graduates, pre-2016 members, and persons admitted by the Senate (s.17). Its Warden is elected annually (s.18). The Chancellor and Pro-Chancellor are elected by the Senate from eligible persons, subject to term limits not exceeding nine consecutive years (ss.12, 12A). The Vice-Chancellor is the executive officer with delegated powers (s.27).

Students are affected through enrolment creating Student Guild membership unless opted out (s.28(5)), liability for the amenities and services fee (s.28A), subjection to examinations, degrees, discipline, and by-laws on University lands (ss.29, 30, 16A, 16E). Staff, including academic and non-academic salaried employees, elect Senate representatives, are subject to appointment, dismissal, and regulation under Statutes (s.31(1)(f)), and may benefit from residential accommodation (s.15F).

The Minister, Governor, Treasurer, and Salaries and Allowances Tribunal exercise approval, guarantee, appointment, and remuneration roles (ss.8(1)(a), 15, 15D, 11B). Authorised persons (police, Vice-Chancellor, designated staff or contractors under s.16AA) enforce by-laws. The Nominations Committee (s.9A) influences appointments. Broader community members using University lands are regulated by by-laws on conduct, parking, and fees (s.16A). Affiliated institutions and providers of residential accommodation fall under s.34.

Public accountability mechanisms affect the University as a statutory authority under the Financial Management Act 2006 (s.41). Persons acquiring interests in University property lose rate exemptions (s.36(1)).

Key duties and rights

Senate members owe duties under Schedule 1 cl.1(1): to act honestly, exercise reasonable care and diligence, prioritise University interests over those of appointors, and avoid improper use of information or position for personal or third-party advantage. These apply inside and outside Western Australia. Breach can lead to removal under s.11A. Members must disclose material personal interests (Sch.1 cl.2) and generally cannot vote or be present during consideration (cl.3), though the Senate or Minister may declare cl.3 inapplicable in specific cases (cll.4, 6). Relief from liability for honest breaches is available under s.16EA if the court considers it fair.

The Chancellor presides at Senate meetings (s.23A), certifies officers and students as prima facie evidence (s.16F), and receives resignations (s.19). The Vice-Chancellor is executive officer (s.27(2)), may delegate (s.27(3)), and can use alternative titles (s.27(4)-(5)). Authorised persons may remove offenders, demand names and addresses, and issue parking notices (s.16A(2)(j)-(k), (3)).

Students have the right to opt out of Student Guild membership without academic disadvantage (s.28(6), (2c)). The Guild has rights as a body corporate to further student interests and communicate with the Senate (s.28(3)-(4)). Convocation receives proposed Statutes for comment and may suggest amendments triggering conference (s.31(2)-(4B)); it elects the Warden and two Senate members (ss.18, 8(1)(h)).

The University holds rights to grant degrees, hold examinations (including for public authorities under s.30(2)), affiliate institutions, license residential providers, borrow with guarantees, and make by-laws and Statutes. It must maintain a Nominations Committee (s.9A) and ensure public availability of by-laws and Statutes (ss.16D, 34A). The Visitor (Governor) holds traditional oversight functions (s.7).

Disqualification rules under s.11 bar bankrupts, disqualified directors, imprisoned persons (unless pardoned or served), those under administration orders, or those removed for breach from holding Chancellor, Pro-Chancellor, or Senate office. Terms are limited: three years generally, one year for student members, with rotation requirements (s.9). Casual vacancies are filled as for expiry (s.22).

Gotchas

Most practitioners assume Senate members enjoy broad indemnity; however, s.16EA relief for negligence, default, breach of trust or duty is discretionary and requires the court to be satisfied of honesty and fairness having regard to all circumstances including appointment. It does not prevent removal under s.11A for Schedule 1 breaches.

The amenities and services fee regime under ss.28A-28B appears to give the Senate spending discretion after paying 50% to the Guild, yet Statutes must prescribe broad categories and accounting measures including Senate-approved external audit. Failure to embed these in Statute risks invalid fee collection. The 50% floor overrides the general application of moneys rule in s.38.

By-laws under s.16A can deem vehicle owners liable where driver identity is unknown and modified penalties are unpaid, but s.16A(9) prohibits dual internal disciplinary and court proceedings for students. Choosing one path precludes the other; many overlook this election.

Section 15A trust-to-building loans create a first charge on land that survives until full restoration, yet ss.15B-15F financing expressly does not affect such trust moneys. Layering commercial borrowing on existing trust charges requires careful accounting to avoid priority disputes not resolved in the text.

Convocation's role in Statute-making is often treated as formal, yet s.31(2)-(4B) mandates conference and annual reporting of disagreements. A Senate that routinely bypasses genuine consideration risks procedural invalidity, though the Act does not expressly void non-compliant Statutes.

Transitional provisions in ss.44-48 preserve pre-2017 office terms and treat unpublished instruments under former s.16B and s.33. Relying on current procedures for legacy matters can inadvertently breach the savings clauses.

The Visitor's independence under s.7(2) dispenses with Executive Council advice, a rarely noticed carve-out from the Interpretation Act 1984 that gives the Governor personal discretion in traditional visitation functions.

How to comply

Senate members must familiarise themselves with Schedule 1 duties and ensure disclosures are minuted (cl.2). Before any matter involving personal interest, obtain a cl.4 resolution or Ministerial declaration under cl.6. Meetings must achieve two-thirds of total offices (not attendees) for removal motions (s.11A(3)), with notice and reply opportunity strictly observed.

The Nominations Committee must be maintained (s.9A(1)) and used for recommendations, though non-recommendation does not bar appointment (s.9A(5)). Term limits under s.9(4)-(6) require tracking successive terms and 12-month breaks, with exceptional circumstance extensions documented by Senate resolution.

Financial transactions under ss.15B-15F necessitate Treasurer notification for guarantees (s.15C), provision of security (s.15D(3)), and payment of charges (s.15E). Trust moneys used under s.15A must be tracked via debenture redemption and half-yearly appropriations; the charge on land persists until full repayment.

By-laws and Statutes must be sealed, submitted for Governor approval, published in the Gazette, and made available by additional means (ss.16B, 16D, 33, 34A). Regulations under s.16E take effect on University promulgation. Proposed Statutes require Convocation submission and handling of any suggested amendments or conference (s.31).

Student Guild membership must not be discouraged (s.28(2a)), and amenities fee Statutes must address procedures, exemptions, categories, 50% payment, Senate spending consultation, and audited accounts (ss.28A-28B). The University must apply all moneys solely to its purposes (s.38) while complying with modified Financial Management Act 2006 reporting (s.41).

Delegations under s.16G must exclude Statute, regulation, and by-law making, be by resolution, and record any sub-delegations in writing. Certificates under s.16F should be used judiciously as they provide only prima facie evidence. Residential accommodation provision and affiliations must respect religious neutrality (s.34(2)).

Annual compliance cycles should include Senate composition checks (expertise, graduate quotas under s.8(4)-(5)), Convocation roll maintenance (s.17(2)), and public availability audits for rules. Transitional legacy instruments require reference to Part 10 before assuming current procedures apply.