Charles Sturt University Amendment Act 1998 (NSW)
New South Wales Charles Sturt University Amendment
Act 1998 No 117
Contents
Page
1 Name of Act 2 2 Commencement 2 3 Amendment of Charles Sturt University Act 1989 No 76 2
Schedule 1 Amendments 3
New South Wales
Charles Sturt University Amendment
Act 1998 No 117
Act No 117, 1998
An Act to amend the Charles Sturt University Act 1989 to reconstitute the Board of Governors as a Council and make further provision with respect to the constitution and functions of the University; and for other purposes. [Assented to 9 November 1998]
Section 1 Charles Sturt University Amendment Act 1998 No 117 The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Charles Sturt University Amendment Act 1998.
2 Commencement
(1) This Act commences on a day or days to be appointed by
proclamation. except as provided by subsection (2).(2) Clause 35 of Schedule 1 [29] commences on the date of assent. 3 Amendment of Charles Sturt University Act 1989 No 76
The Charles Sturt University Act 1989 is amended as set out in
Schedule 1.
Charles Sturt University Amendment Act 1998 No 117
Amendments Schedule 1 Schedule 1 Amendments
(Section 3)
[1] The whole Act (other than sections 3, 4 and 9)
Omit “Board” wherever occurring. Insert instead “Council”.
[2] Section 3 Definitions
Omit the definitions of Board, network member and University network from section 3 (1).
[3] Section 3 (1)
Insert in alphabetical order:
Council means the Council of the University.
general staff of the University means staff other than the
academic staff of the University.
major campus means a campus of the University at a
location referred to in section 6 (a), (b), (c) or (d).
[4] Section 4 Establishment of University
Omit “Board of Governors” from section 4 (a).
Insert instead “Council“.[5] Section 4 (c)
Omit "professors and full-time”.
[6] Section 6
Omit the section. Insert instead:
6 University campuses
The University is to have campuses at the following locations:
(a) Albury, (b) Bathurst,
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(c) Dubbo, (d) Wagga Wagga, and may have campuses at other locations.
[7] Section 7 Functions of University
Omit section 7 (1) (a). Insert instead:
(a) the provision of educational facilities at university standard (whether on a campus or elsewhere), taking account of regional, national and international markets for educational services, while having particular regard to the needs and aspirations of the residents of western and south-western New South Wales. [8] Section 7 (1) (c)
Omit "the regions of New South Wales served by the University".
Insert instead “western and south-western New South Wales".[9] Section 7 (1) (d)
Insert “regional, national and international" after "development of" where firstly occurring.
[10] Section 7 (3)
Omit the subsection.
[11] Part 3, heading
Omit "BOARD OF GOVERNORS". Insert instead "COUNCIL".
[12] Section 9
Omit the section. Insert instead:
9 Council
( 1) There is to be a Council of the University. (2) The Council is to consist of the following:
(a) parliamentary members, (b) official members,
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Amendments Schedule 1
(c) appointed members, (d) elected members.
(3) The parliamentary members comprise:
(a) one Member of the Legislative Council elected by that Council: (i) as soon as practicable after each periodic Council election within the meaning of section 3 of the Constitution Act 1902, or
(ii) if there is a casual vacancy in the office of
that member of the Council of the University, as soon as practicable after that office becomes vacant, and
(b)
one Member of the Legislative Assembly elected by that Assembly:
( i)
as soon as practicable after each general election of Members of the Legislative Assembly, or
( i i ) if there is a casual vacancy in the office of
| that member of the Council, as soon as practicable after that office becomes vacant. |
(4) The official members comprise:
(a) the Chancellor (if the Chancellor is not otherwise a member of the Council), and (b) the Vice-Chancellor, and (c) the person for the time being holding the office of: ( i ) the presiding officer of the Academic Senate (if that person is not the Vice-Chancellor), or
( i i ) the deputy presiding officer of the Academic Senate (if the presiding officer is the Vice-Chancellor).
(5) The appointed members comprise:
(a) 4 persons appointed by the Minister. and
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Schedule 1 Amendments
(b)
4 persons appointed by the Minister, being persons nominated by the Council, who are graduates of the University, and who the Minister considers to be appropriate for appointment, but who are not:
(i)
members of the staff of the University eligible to be elected as members of the Council in accordance with subsection (6) (a) or (b), or
(ii)
persons who, within the 5 years immediately prior to appointment, had been members of the staff of the University who were eligible to be elected as members of the Council in accordance with subsection ( 6 ) (a) or (b), or
(iii)
students of the University eligible to be elected as members of the Council in accordance with subsection (6) (c).
(6) The elected members comprise:
(a) 2 persons: ( i ) who are members of the academic staff of the University, and
( i i ) who have such qualifications as may be
prescribed by the by-laws, and
(iii) who are elected by members of the academic staff of the University in the manner prescribed by the by-laws, and
(b) one person:
( i)
who is a member of the general staff of the University, and
(ii)
who has such qualifications as may be prescribed by the by-laws, and
(i i i )
who is elected by members of the general staff of the University in the manner prescribed by the by-laws, and
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(c) two persons:
(i)
who are students of the University but who are not members of the staff of the University, and
(ii)
who have such qualifications as may be prescribed by the by-laws, and
(iii)
who are elected by students of the University in the manner prescribed by the by-laws.
(7) The Council must appoint one other person, being a member of the staff of the University having responsibility for the administration of a major campus, to be a member of the Council and the person, on being appointed, is to be taken to be an appointed member of the Council in addition to the members appointed under subsection (5). (8) Schedule 1 has effect in relation to the members and
procedure of the Council.
[13] Section 10 Chancellor
Omit section 10 (1). Insert instead:
(1) Whenever a vacancy in the office of Chancellor occurs, the Council must elect a person (whether or not a member of the Council) to be Chancellor of the University.
[14] Section 11 Deputy Chancellor
Omit section 11 (1). Insert instead:
( 1 )
Whenever a vacancy in the office of Deputy Chancellor occurs. the Council must elect one of its members to be Deputy Chancellor of the University.
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Schedule 1 Amendments [15] Section 12 Vice-Chancellor
Omit section 12 (1). Insert instead:
( l ) Whenever a vacancy in the office of Vice-Chancellor occurs, the Council must appoint a person (whether or not a member of the Council) to be Vice-Chancellor of the University.
[16] Section 13 Chief executive officers of network members
Omit the section.
[17] Section 16 Academic Senate
Omit section 16 (1) (b).
[18] Section 17
Omit the section. Insert instead:
17 Advisory committees
(1) The Council is to establish an advisory committee for each major campus.
(2) The members of an advisory committee are to be
appointed by the Council.(3) An advisory committee has such functions as may be
determined by the Council.
[19] Part 4, heading
Omit "BOARD". Insert instead "COUNCIL".
[20] Section 18
Omit the section. Insert instead:
18 Functions of Council
The Council is the governing authority of the University and has the functions conferred or imposed on it by or under this or any other Act.
Charles Sturt University Amendment Act 1998 No 117
Amendments Schedule 1 Section 31 By-laws
Omit "non-academic" from section 31 (1) (k).
Insert instead "general".
Section 34 Amendments
Omit the section.
Omit "BOARD". Insert instead "COUNCIL". Schedule 1, heading [24] Schedule 1, clause 2 (i) Insert “or appointed" after "elected". [25] Schedule 1, clause 2 (i) Insert “or appointment" after "election". [26] Schedule 3 Amendments Omit the Schedule. [27] Schedule 4 Savings and transitional provisions Insert at the end of clause 1 (1): Charles Sturt University Amendment Act 1998
Page 9
Charles Sturt University Amendment Act 1998 No 117
Schedule 1 Amendments [28] Schedule 4, clauses 20, 23A, 23B, 25 and 29
Omit the clauses.
[29] Schedule 4
Insert at the end of the Schedule:
Part 4
Provisions consequent on enactment of Charles Sturt University Amendment Act 1998
33 Definitions In this Part:
amending Act means the Charles Sturt University
Amendment Act 1998.
Board means the Board as constituted under section 9 as
in force immediately before the substitution of that
section by the amending Act.University network means the University network established under section 6 as in force immediately before the commencement of Schedule 1 [6] to the amending Act.
34 Council is a continuation of Board
( l ) The Council is a continuation of the Board. (2) Subject to subclauses (3) to (5), the persons holding office as members of the Board immediately before the substitution of section 9 by the amending Act continue to hold office as members of the Council on that substitution.
(3) The persons holding office as official members of the Board under section 9 (4) (c) immediately before the substitution of section 9 by the amending Act cease to hold office as such on that substitution.
Charles Sturt University Amendment Act 1998 No 117
Amendments Schedule 1 The persons holding office as appointed members of the Board under section 9 (5) (b) immediately before the substitution of section 9 by the amending Act cease to hold office as such on that substitution.
The student holding office as an elected member of the Board under section 9 (6) (c) immediately before the substitution of section 9 by the amending Act continues to hold office on that substitution and is taken to be one
of the two student members of the Council elected in
accordance with section 9 (6) (c), as substituted.Any person who ceases to hold office because of the operation of subclause (3) or (4) is not entitled to be paid any remuneration or compensation because of ceasing to hold the office.
Nothing in this clause limits section 53 of the Interpretation Act 1987.
35 Elections and appointments for Council
(1)
For the purpose only of enabling the Council to be duly constituted on or after the substitution of section 9 by the amending Act, elections may be conducted and appointments made before that substitution as if section 9, as substituted, were in force.
(2)
A member who is elected or appointed to the Council under this clause does not assume office before the commencement of section 9, as substituted.
36 Saving of delegations
Any delegation made by the Board and in force immediately before the commencement of this clause continues to have effect as if it were a delegation made by the Council, but may be revoked at any time by the Council.
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Schedule 1 Amendments 37 By-laws
The By-laws of the University:
(a)
continue in force as if they had been made by the Council, and
(b) may be amended and revoked accordingly.
38 Chief executive officers of network members
Any person who ceases to hold office as a chief executive officer of a member of the University network because of the operation of Schedule 1 [16] to the amending Act is not entitled to be paid any remuneration or compensation because of ceasing to hold the office.
[Minister’s second reading speech made in— Legislative Assembly on 21 October 1998 Legislative Council on 29 October 1998]
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