[Heading amended: No. 35 of 1996 s. 12; No. 19 of 2010 s. 4.]
So much of the land comprising Reserve ↑27142 being Canning Location number 1884 comprising 276 acres 27 perches or thereabouts, as the Governor may from time to time, by Order in Council published in the Government Gazette, vest in the University under section 20.
[Schedule 1, formerly the Schedule, amended: No. 37 of 1968 s. 8; No. 96 of 1986 s. 11; renumbered as Schedule 1: No. 35 of 1996 s. 12.]
Schedule 1A — Council members
[s. 9B, 10AA, 12]
Division 1 — Duties
Duties
(1) Each member —
(a) must at all times act honestly in the performance of the functions of a member, whether within or outside the State;
(b) must at all times exercise the degree of care and diligence in the performance of the functions of a member, whether within or outside the State, that a reasonable person in that position would reasonably be expected to exercise in the Council’s circumstances;
(c) must at all times act in the best interests of the University and give precedence to the interests of the University over the interests of any person appointing or electing a member;
(d) must not, whether within or outside the State, make improper use of information acquired by virtue of the position of member to gain, directly or indirectly, an advantage for any person or to cause detriment to the University;
(e) must not, whether within or outside the State, make improper use of the position of member to gain, directly or indirectly, an advantage for any person or to cause detriment to the University.
(2) Nothing in subclause (1) or section 10AA or 12 affects —
(a) any other duty a member may have under any other law; or
(b) the operation of any other law in relation to such a duty.
[Clause 1 inserted: No. 8 of 2005 s. 12.]
Division 2 — Disclosure of interests
Disclosure of interests
(1) A member who has a material personal interest in a matter being considered or about to be considered by the Council must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature and extent of the interest at a meeting of the Council.
(2) A disclosure under subclause (1) is to be recorded in the minutes of the meeting.
[Clause 2 inserted: No. 8 of 2005 s. 12.]
Voting by interested members
A member who has a material personal interest in a matter that is being considered by the Council —
(a) must not vote whether at a meeting or otherwise —
(i) on the matter; or
(ii) on a proposed resolution under clause 4 in respect of the matter, whether relating to that member or a different member;
and
(b) must not be present while —
(i) the matter; or
(ii) a proposed resolution of the kind referred to in paragraph (a)(ii),
is being considered at a meeting.
[Clause 3 inserted: No. 8 of 2005 s. 12.]
Clause 3 may be declared inapplicable
Clause 3 does not apply if the Council has at any time passed a resolution that —
(a) specifies the member, the interest and the matter; and
(b) states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter.
[Clause 4 inserted: No. 8 of 2005 s. 12.]
[5. Deleted: No. 32 of 2016 s. 45.]
Minister may declare clause 3 inapplicable
(1) The Minister may, on the application of a member, by writing declare that clause 3 does not apply in relation to a specified matter either generally or in voting on particular resolutions.
(2) The Minister must cause a copy of a declaration made under subclause (1) to be laid before each House of Parliament within 14 sitting days of that House after the declaration is made.
[Clause 6 inserted: No. 8 of 2005 s. 12; amended: No. 32 of 2016 s. 46.]
Schedule 2 — Provisions as to constitution and proceedings of the Kalgoorlie Campus Council
[s. 21N]
[Heading inserted: No. 35 of 1996 s. 13; amended: No. 19 of 2010 s. 4.]
Terms used
In this Schedule —
chairperson means chairperson of the Kalgoorlie Campus Council;
member means a member of the Kalgoorlie Campus Council.
[Clause 1 inserted: No. 35 of 1996 s. 13.]
Term of office
(1) Subject to clause 4, a member —
(a) appointed under section 21M(1)(a), (b), (c), (f), (g) or (j) holds office for the term, not exceeding 3 years, that is specified in the instrument of their appointment;
(b) appointed under section 21M(1)(h) holds office for the term, not exceeding 1 year, that is specified in the instrument of their appointment.
(2) All retiring members are, unless otherwise disqualified, eligible for reappointment, but on the expiry of a third successive term of office that member is not eligible to hold office as a member until 12 months after that expiry.
(3) However, a member appointed under section 21M(1)(h) may be reappointed once, but only once, on the expiry of their term, if they continue to be qualified under section 21M(1)(h).
[Clause 2 inserted: No. 32 of 2016 s. 47.]
Casual vacancies
If a casual vacancy occurs in the office of a member, the vacancy is to be filled in the same manner as if that member’s term of office had expired.
[Clause 3 inserted: No. 32 of 2016 s. 47.]
Vacation of office
The office of a member becomes vacant if the member —
(a) resigns the office by written notice addressed to the Minister; or
(b) is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or
(c) is removed from office by the Minister on the grounds of neglect of duty, misbehaviour, incompetence or mental or physical incapacity impairing the performance of the member’s functions and proved to the satisfaction of the Minister; or
(d) in the case of a member appointed under section 21M(1)(a), ceases to be a member of the Council; or
(e) in the case of a member appointed under section 21M(1)(f), ceases to be a member of the higher education academic staff of the Kalgoorlie Campus; or
(f) in the case of a member appointed under section 21M(1)(g), ceases to be a member of the general staff (other than the academic staff) of the Kalgoorlie Campus; or
(g) in the case of a member appointed under section 21M(1)(h), ceases to be an enrolled student of the Kalgoorlie Campus.
[Clause 4 inserted: No. 32 of 2016 s. 47.]
Meetings
(1) The first meeting of the Kalgoorlie Campus Council shall be convened by the chairperson and subsequently, subject to the Statutes, the Kalgoorlie Campus Council shall hold such meetings as are necessary for the performance of its functions.
(2) Subject to the Statutes, the chairperson may at any time convene a meeting of the Kalgoorlie Campus Council and shall convene a meeting when requested in writing by the Minister or the Council to do so or when so requested by any 4 members.
(3) The chairperson shall preside at all meetings of the Kalgoorlie Campus Council at which the chairperson is present.
(4) At any meeting of the Kalgoorlie Campus Council at which the chairperson is not present, the members present shall elect a member to preside at that meeting and while so presiding the member elected has all the powers and duties of chairperson of the Kalgoorlie Campus Council.
(5) A member is not entitled to vote on any question in respect of which that member has a direct pecuniary interest, and if a member so votes that vote is to be regarded as invalid.
(6) At a meeting of the Kalgoorlie Campus Council —
(a) not less than one‑half of the total numbers of members for the time being forms a quorum; and
(b) a question arising at the meeting shall be determined by a majority of the valid votes of the members present.
(7) Subject to this Act and the Statutes, the Kalgoorlie Campus Council may regulate its own procedure in such manner as it thinks fit.
[Clause 5 inserted: No. 35 of 1996 s. 13.]
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Notes
This is a compilation of the Curtin University Act 1966 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.
Compilation table
Short title
Number and year
Assent
Commencement
Western Australian Institute of Technology Act 1966 5
94 of 1966
12 Dec 1966
26 May 1967 (see s. 2 and Gazette 26 May 1967 p. 1363-4)
Western Australian Institute of Technology Act Amendment Act 1968
37 of 1968
4 Nov 1968
4 Nov 1968
Western Australian Institute of Technology Act Amendment Act 1969
57 of 1969
29 Sep 1969
29 Sep 1969
Western Australian Institute of Technology Act Amendment Act 1970
57 of 1970
5 Nov 1970
5 Nov 1970
Western Australian Institute of Technology Act Amendment Act 1971
49 of 1971
10 Dec 1971
10 Dec 1971
Western Australian Institute of Technology Act Amendment Act 1974
31 of 1974
4 Nov 1974
4 Nov 1974
Reprint of the Western Australian Institute of Technology Act 1966 approved 2 Sep 1975 (includes amendments listed above)
Acts Amendment (Student Guilds and Associations) Act 1977 Pt. III
61 of 1977
23 Nov 1977
1 Jan 1978 (see s. 2)
Western Australian Institute of Technology Amendment Act 1981
37 of 1981
25 Aug 1981
1 Nov 1981 (see s. 2 and Gazette 25 Sep 1981 p. 4074)
Western Australian Institute of Technology Amendment Act 1982
59 of 1982
28 Sep 1982
1 Jan 1983 (see s. 2)
Acts Amendment (Student Guilds and Associations) Act 1983 Pt. IV 6
51 of 1983 (as amended by No. 96 of 1986)
5 Dec 1983
5 Dec 1983
Acts Amendment (Educational Institutions Superannuation) Act 1985 Pt. II 7, 8
77 of 1985
20 Nov 1985
16 Dec 1985 (see s. 2 and Gazette 13 Dec 1985 p. 4758)
Acts Amendment (Financial Administration and Audit) Act 1985 s. 3
98 of 1985
4 Dec 1985
1 Jul 1986 (see s. 2 and Gazette 30 Jun 1986 p. 2255)
Western Australian Institute of Technology Amendment Act 1986
96 of 1986
10 Dec 1986
s. 1 and 2: 10 Dec 1986; Act other than s. 1 and 2: 1 Jan 1987 (see s. 2 and Gazette 19 Dec 1986 p. 4861)
Acts Amendment (Education) Act 1988 Pt. 5
7 of 1988
30 Jun 1988
8 Jul 1988 (see s. 2 and Gazette 8 Jul 1988 p. 2371)
Reprint of the Curtin University of Technology Act 1966 as at 24 Aug 1988 (includes amendments listed above)
Acts Amendment and Repeal (Post‑Secondary Education) Act 1989 Pt. 4
48 of 1989
9 Jan 1990
1 Jan 1990 (see s. 2)
Guardianship and Administration Act 1990 s. 123
24 of 1990
7 Sep 1990
20 Oct 1992 (see s. 2 and Gazette 2 Oct 1992 p. 4811)
Acts Amendment (Financial Administration and Audit) Act 1991 Pt. 2
32 of 1991
4 Dec 1991
1 Jan 1992
Financial Administration Legislation Amendment Act 1993 s. 11
6 of 1993
27 Aug 1993
1 Jul 1993 (see s. 2(1))
Voluntary Membership of Student Guilds and Associations Act 1994 Pt. 3 9
91 of 1994
5 Jan 1995
5 Jan 1995 (see s. 2)
Sentencing (Consequential Provisions) Act 1995 Pt. 22
78 of 1995
16 Jan 1996
4 Nov 1996 (see s. 2 and Gazette 25 Oct 1996 p. 5632)
Education Amendment Act 1996 s. 16(3)
22 of 1996
11 Jul 1996
11 Jul 1996 (see s. 2(1))
Curtin University of Technology Amendment Act 1996 10
35 of 1996
27 Sep 1996
Act other than Pt 2: 27 Sep 1996 (see s. 2(1)); Pt. 2: 13 Nov 1996 (see s. 2(2) and Gazette 12 Nov 1996 p. 6301)
Financial Legislation Amendment Act 1996 s. 52 and 64
49 of 1996
25 Oct 1996
25 Oct 1996 (see s. 2(1))
Trustees Amendment Act 1997 s. 18
1 of 1997
6 May 1997
16 Jun 1997 (see s. 2 and Gazette 10 Jun 1997 p. 2661)
Acts Amendment (Land Administration) Act 1997 Pt. 20
31 of 1997
3 Oct 1997
30 Mar 1998 (see s. 2 and Gazette 27 Mar 1998 p. 1765)
Curtin University of Technology Amendment Act 1998
43 of 1998
5 Nov 1998
5 Nov 1998 (see s. 2)
Reprint of the Curtin University of Technology Act 1966 as at 28 Jul 1999 (includes amendments listed above)
School Education Act 1999 s. 247
36 of 1999
2 Nov 1999
1 Jan 2001 (see s. 2 and Gazette 29 Dec 2000 p. 7904)
Acts Amendment (Student Guilds and Associations) Act 2002 Pt. 2
44 of 2002
3 Jan 2003
25 Jan 2003 (see s. 2 and Gazette 24 Jan 2003 p. 141)
Acts Amendment (Equality of Status) Act 2003 Pt. 16
28 of 2003
22 May 2003
1 Jul 2003 (see s. 2 and Gazette 30 Jun 2003 p. 2579)
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 80
84 of 2004
16 Dec 2004
2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53))
Universities Legislation Amendment Act 2005 Pt. 2 11
8 of 2005
7 Jul 2005
13 Aug 2005 (see s. 2 and Gazette 12 Aug 2005 p. 3651)
Reprint 4: The Curtin University of Technology Act 1966 as at 14 Oct 2005 (includes amendments listed above)
Financial Legislation Amendment and Repeal Act 2006 s. 4 and Sch. 1 cl. 42
77 of 2006
21 Dec 2006
1 Feb 2007 (see s. 2(1) and Gazette 19 Jan 2007 p. 137)
Acts Amendment (Bankruptcy) Act 2009 s. 28
18 of 2009
16 Sep 2009
17 Sep 2009 (see s. 2(b))
Standardisation of Formatting Act 2010 s. 4 and 43(2)
19 of 2010
28 Jun 2010
11 Sep 2010 (see s. 2(b) and Gazette 10 Sep 2010 p. 4341)
Reprint 5: The Curtin University of Technology Act 1966 as at 7 Nov 2014 (includes amendments listed above)
Universities Legislation Amendment Act 2016 Pt. 2
32 of 2016
19 Oct 2016
Part 2 (other than s. 19 and 31): 2 Jan 2017 (see s. 2(b) and Gazette 9 Dec 2016 p. 5557); s. 19 and 31: 1 Oct 2017 (see s. 2(b) and Gazette 9 Dec 2016 p. 5557)
Reprint 6: The Curtin University Act 1966 as at 8 Jun 2018 (includes amendments listed above)
Uncommenced provisions table
To view the text of the uncommenced provisions see Acts as passed on the WA Legislation website.
Short title
Number and year
Assent
Commencement
State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 38