Griffith University Act Amendment Act 1980 (Qld)

790 ANNO VICESIMO NONO ELIZABETHAE SECUDAE REGINAE No. 48 of 1980 An Act to amend the Griffi th University Act 1971-1977 in certain particulars and for another purpose [ASSENTED TO 4TH SEPTEMBER, 1980]

Griffith University Act Amendment Act 1980, No. 48 791 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same, as follows:- 1. Short title and citation . (I) This Act may be cited as the Griffith University Act Amendment Act 1980. (2) The Griffith University Act 1971-1977 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Griffith University Act1971-1980. 2. Commencement . This Act shall come into operation on a date to be fixed by Proclamation. 3. Amendment of s. 3. Section 3 of the Principal Act is amended by omitting the definitions " permanent academic staff " and " academic staff" and substituting the following definitions:- faculty staff " means the members of the teaching or research staff of the University whose status is equivalent to that of a teaching fellow or above; " general staff " means staff of the University (other than the Vice-Chancellor appointed under section 14 of this Act, the executive officers within the meaning of the Statutes and the faculty staff) whose functions are principally managerial, technical, clerical or operative; " graduate of the University " means any person to whom is granted a degree or diploma of the University;". 4. Amendment of s. 4. Section 4 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- (1) A university to be known as the Griffith University consisting of a Council, the students of the University, the graduates of the University and such members or classes of members of the staff of the University as are specified by the Statutes, is hereby established at Brisbane in the © State of Queensland."; (b) in subsection (2), inserting after paragraph (d) the following paragraph.- (da) accepting gifts, grants, bequests or devises and creating and administering trust funds;". 5. Amendment of s. 5. Section 5 of the Principal Act is amended by- (a) in subsection (I)- (i) in paragraph (b), omitting the words " who being eligible seek the benefits of such facilities " and substituting the words " seeking the benefits of such facilities who, being eligible, are permitted by the University to use such facilities ";

792 Griffith Unirersiti • Act Amendment Act 1980, No. 48 (ii) inserting after paragraph ( b) the following paragraph:- (ba) to provide facilities for the welfare of staff and students;"; (iii) in paragraph ( e) omitting the words " other awards." and substituting the words " other awards;"; (iv) inserting after paragraph ( e) the following paragraph:- " (f) to aid by research and other appropriate means the advancement and development of knowledge and the practical application of knowledge to government, industry, commerce and the community."; (b) in paragraph ( a) of subsection ( 3), omitting the words " whether improved or not " and substituting the words " ( whether improved or not) ". 6. Repeal of s. 7. Section 7 of the Principal Act is repealed. 7. Amendment of s. 8 . Section 8 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section omitting the words " other than first Council "; (b) omitting subsection (1) and substituting the following subsection:- " (1) Subject to subsection (3) of this section, the Council shall consist of (a) the Chancellor of the University who shall be ex officio a member; (b) the Vice-Chancellor of the University who shall be ex officio a member; (c) the Director-General of Education or the nominee of the Director-General of Education, who shall be ex officio a member; (d) four members who are members of the faculty staff elected by that staff in the manner prescribed by the Statutes; (e) three members each of whom is an enrolled student of the University and one of whom shall be a part-time undergraduate student, elected in such manner and by such bodies or persons as the Council may from time to time determine; (f) two members who are members of the general staff, elected by that staff in the manner prescribed by the Statutes; (g) six members appointed by the Governor in Council; (h) not more than three members appointed or elected by Convocation in the manner prescribed by the Statutes but so that there shall not at any time be included in the number of persons so appointed or elected a person whose sole or principal employment is' in connexion with his duties as a member of the staff of the University or who is a full-time or part-time student of the University.";

Griffith University Act Amendment Act 1980, No. 48 793 (c) omitting subsection ( 2) and substituting the following subsection:- " (2) Notwithstanding the provisions of subsection (1) of this section, the appointed members of the Council holding office immediately prior to the commencement of the Griffith University Act Amendment Act 1980 shall continue as members of the Council up to and including 28 February 1982 and those members, together with the ex officio members specified in subsection ( 1) of this section , shall be and be deemed to be the members of the Council under and within the meaning of this Act up to and including that date. The first term of office for appointed members appointed after the commencement of the Griffith University Act Amendment Act 1980 shall commence on 1 March 1982."; (d) in subsection (3), (i) omitting the words " (other than the first Council) "; (ii) in paragraph (b), inserting after the words " the purposes " the words " of paragraph (g) "; (iii) in paragraph (c), (A) omitting the words " teaching or research "; (B) inserting after the word " University " the words " or who is a student of the University "; (e) omitting subsection (5) and substituting the following subsections:- " (5) The appointed members of the Council elected as contemplated by paragraph (d), (e) or (f) of subsection (1) of this section shall, subject to this Act, hold office for a period of two years. (5A) The appointed members of the Council appointed or elected as contemplated by paragraph (g) or (h) of subsection (1) of this section shall, subject to this Act, hold office for a period of three years."; (f) in paragraph (b) of subsection (8), inserting after the words " during which two " the words " or more "; (g) in subsection (9), omitting the words " paragraphs (c), (d), (e) or (f) " and substituting the words " paragraph (d), (e), (f), (g) or (h) -". 8. Amendment of s. 9. Section 9 of the Principal Act is amended by- (a) in paragraph (c) of subsection (1), omitting the words The Mental Health Acts 1961 to 1964 " and substituting the words " the Mental Health Act1974-1978 "; (b) in subsection (2), omitting the words " paragraphs (c) or (d) and substituting the words " paragraph (d), (e), (f) or (h) ". 9. Amendment of s. 11. Section 11 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- " (1) Whenever a vacancy occurs in the office of Chancellor of the University the Council shall elect a person to such office for such period 26

794 Griffith University Act Amendment Act 1980, No. 48 (not exceeding five years) and on such conditions as are provided by the Statutes."; (b) omitting subsection (3). 10. Amendment of s. 12. Section 12 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:- " (1) The Council shall at the ordinary general meeting immediately prior to the day on which the term of office of the Deputy Chancellor is to expire or as soon as possible after such expiration at an ordinary general meeting, elect one of its number to be Deputy Chancellor of the University.". 11. Amendment of s. 13. Section 13 of the Principal Act is amended by, in paragraph (a) of subsection (2), omitting the word " The " and substituting the word " the ". 12. Amendment of s. 14. Section 14 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsection:- 11 (I) The Council shall appoint a person to be Vice-Chancellor who on and from the date of assuming such office shall be an officer of the University."; (b) in subsection (2), (i) omitting the words " subsection (4) " and substituting the words subsections (4) and (4A) "; (ii) omitting the words " (whether a member of the Council or not) "; (c) in subsection (4), inserting after the word " appointment " where secondly occurring the words " (other than an appointment made under subsection (4A) of this section) "; (d) inserting after subsection (4) the following subsection:- (4) The Council may, during any vacancy in the office of Vice-Chancellor or during any absence of the Vice-Chancellor or inability of the Vice-Chancellor to perform the duties of his office as such, appoint a person to be Acting Vice-Chancellor for such period and on such conditions as the Council determines provided that the period of any such appointment shall not exceed 12 months. Any person appointed' under this subsection shall during the term of his appointment possess all the powers and perform all the duties of the Vice-Chancellor.". 13. New s. 14A. The Principal Act is amended by inserting after section 14 the following section:- " 14A. Appointment of Pro-Vice- Chancellors . The Council may from time to time appoint Pro-Vice-Chancellors on such terms and conditions and to perform such functions as the Council from time to time determines.".

Griffith University Act Amendment Act 1980. No. 48 795 14. Amendment of s. 16. Section 16 of the Principal Act is amended by- (a) inserting after the word " thereof " where firstly occurring the words " or of any committee or board of the University (b) omitting the words " or any person acting " and substituting the words ", Vice-Chancellor or any other officer whilst any of those persons is acting " (c) omitting the words " as Chancellor " and substituting the words " in the office to which he was appointed "; (d) in paragraph (a), omitting the words " any such person " and substituting the words " of any committee or board of the University "; (e) in paragraphs (b), (c), (d) and (e), inserting after the word thereof " the words " or of any committee or board of the University " in each case. 15. Amendment of s. 17. Section 17 of the Principal Act is amended by- (a) in paragraph (a) omitting the words " teaching and research " and substituting the words " faculty or general "; (b) in paragraph (c) omitting all words from and including the words " and in particular-" to and including the words " disposition of those funds ". 16. Amendment of s. 18. Section 18 of the Principal Act is amended by, in subsection M- (a) omitting the words " subparagraph (ii) of paragraph (c) of section 17 " and substituting the words " section 32A (2)"; (b) omitting the words " or to any committee of its members" and substituting the words " of the Council or to any committee appointed by the Council 17. Amendment of s. 19. Section 19 of the Principal Act is amended by, in subsection (I)- (a) in paragraph (d), (1) omitting the words " permanent academic " and substituting the word " faculty (ii) inserting after the word " members " the words " or classes of members "; (b) in paragraph (e), inserting after the word " persons " the words or classes of persons ". 18. Amendment of s. 23. Section 23 of the Principal Act is amended by inserting after the words " (each of which is in this Part called a college ") " the words " for the purpose of carrying out at those colleges or institutions any or all of the functions specified in section 5 (1) of this Act ". 19. Amendment of s. 24. Section 24 of the Principal Act is amended by, in subsection (2), inserting after the words " powers conferred on the Council " the words " or University ".

796 Griffith University Act Amendment Act 1980, No. 48 20. New s. 32A. The Principal Act is amended by inserting after section 32 the following section:- " 32A. Budget. (1) The Council shall, in each year, adopt for the next following year commencing on 1 January a budget for all funds of the University other than those to which subsection (2) of this section relates and shall approve all amendments to the budget and shall control the expenditure of the University so that it conforms as nearly as practicable to the approved budget. (2) The Council shall review annually funds available to the University by way of bequest, donation or special grant and the expenditure thereof, and shall, subject to the terms of any trust and before any such expenditure is made, approve the proposed disposition of those funds.". 21. Amendment of s. 34. Section 34 of the Principal Act is amended by, in subsection (5), omitting the words " The Local Bodies' Loans Guarantee Acts 1923 to 1957 " and substituting the words " the Local Bodies' Loans Guarantee Act 1923-1979 ". 22. Amendment of s. 36. Section 36 of the Principal Act is amended by- (a) in subsection (I), (i) omitting paragraph (ii) and substituting the following paragraph:- (ii) the election or appointment of members of the Council or of committees or boards of the University;"; (ii) in paragraph (vi), omitting the words " teaching and research " and substituting the words " the faculty or general "; (iii) in paragraph (vii), omitting the words " teaching and research " and substituting the words " faculty or general "'; (iv) in paragraph (xxii), omitting the words " University." and substituting the words " University; "; (v) inserting after aparagraph (xxii) the following paragraph:- "(xxiii) the ownership and exploitation of inventions and discoveries, that are the property of the University, made by the staff or students of the University.": (b) in subsection (6), omitting the words " The Justices Acts 1886 to 1968 " and substituting the words " the Justices Act1886-1980 ". 23. Amendment of s. 40. Section 40 of the Principal Act is amended by- (a) omitting the note appearing in and at the beginning of the section and substituting the following note:- No test of religion , politics, race or sex."; (b) omitting the words " No religious test " and substituting the words " No test of religion, politics, race or sex ";

Griffith University'Act Amendment Act 1980, No. 48 797 (c) omitting the words " or political " and substituting the words ", political or religious ". 24. Validation of certain acts. It is hereby declared that- (a) the assumption, before the passing of this Act, of the office of Vice-Chancellor of Griffith University by any person purporting to do so by reason of his appointment to that office shall not be held to have been unlawful by reason of the fact that at the time of such assumption the Governor in Council had not approved of such appointment and every act or thing done by such person in exercise of a power or performance of a duty of the Vice-Chancellor shall be taken to have been duly done and to have the same effect as if the Governor in Council had approved of such appointment before such person had assumed the office of Vice-Chancellor; (b) the payment before the passing of this Act of salary or other remuneration or otherwise to or for the benefit of any person purporting to occupy the office of Vice-Chancellor of Griffith University shall not be questioned on the ground that at the time of such payment- (i) the Governor in Council had not approved the appointment of such person to such office; or ' (ii) the payment has been made pursuant to any variation in the conditions of appointment of such person to such office, approved by the Governor in Council, and at the time of the payment such variation had not been approved by the Governor in Council; or (iii) the payment has been made pursuant to conditions of appointment of such person to such office or any variation in such conditions which conditions or variation had not at the time of such payment been approved by the Governor in Council.