Griffith University and Gold Coast College of Advanced Education Amalgamation Act 1990 (Qld)

16 GRIFFIT H l 7^ GOLD C"A i ST CCI L LEGE OF ADVAK C ED AMALGAMATION ACT No. 3 of 1990 ANALYSIS OF CONTENTS PART I-PRELIMINARY 1. Short title 2. Commencement 3. Interpretation PART II-AMALGAMATION OF THE GOLD COAST COLLEGE OF ADVANCED EDUCATION WITH THE GRIFFITH UNIVERSITY Division 1-Provisions Relating to the College 4. College to amalgamate with the University Division 2-Provisions Relating to the Council of the College 5. Council of the College to cease to exist 6. Effect of cessation of the Council of the College 7. Employment of staff of the Council of the College 8. Superannuation entitlements Division 3-Provisions Relating to the Union 9. Union to cease to exist 10. Provisions relating to the Union 11. Officers and employees of the Union Division 4-Provisions Relating to Students and Awards 12. Enrolment of students in courses 13. Awards Division 5-General Provisions 14. Compliance with accounts and audit requirements 15. Compliance with annual reporting requirements 16. Savings 17. By-laws and rules 18. Construction of references 19. Governor in Council may prescribe PART III-AMENDMENT OF GRIFFITH UNIVERSITY ACT 1971-1989 20. Citation 21. Amendment of s. 8. Constitution of Council 22. Amendment of s. 9. Disqualifications from office 23. Amendment of s. 23. Establishment of University Colleges 24. New ss. 24A and 24B Student Representative Council for a college Composition and recognition of the Student Representative Council for a college 25. Repeal of and new s. 39. Publication of Proclamations, Orders in Council, regulations and Statutes

ueenslanb 17 ANNO TRICESIMO NONO ELIZABETHAE SECUT-T D A E RE GINA E An Act to amalgamate the Gold Coast College of Advanced Education with the Griffith University to amend the Griffith University Act 1971-1989 in ce rtain particulars and for related purposes [ASSENTED TO 4TH APRIL, 1990]

18 Griffith University and Gold Coast College of Advanced Education Amalgamation Act 1990, No. 3 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:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Griffith University and Gold Coast College of Advanced Education Amalgamation Act 1990. 2. Commencement. (1) Section 1 and this section shall commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act or the provisions thereof specified in the Proclamation shall commence on the day or days appointed by Proclamation for the commencement of this Act or, as the case may be, those provisions. 3. Interpretation . In this Act, unless the contrary intention appears- "College" means the Gold Coast College of Advanced Education established under the Education Act 1964-1989; "Council" means the Council of the University constituted under the Griffith University Act 1971-1989; "Council of the College" means the Council of the Gold Coast College of Advanced Education constituted under the Education Act 1964-1989; "Minister" includes any Minister of the Crown for the time being performing the duties of the Minister; "Union" means the Gold Coast College of Advanced Education Union established under the Education Act 1964-1989; "University" means the Griffith University established and incorporated under the Griffith University Act 1971-1989. PART II-AMALGAMATION OF THE GOLD COAST COLLEGE OF ADVANCED EDUCATION WITH THE GRIFFITH UNIVERSITY Division 1-Provisions Relating to the College 4. College to amalgamate with the University. On and from the commencement of this section , the College shall cease to be a college of advanced education under the EducationAct 1964- 1989 and, subject to this Act, shall for all purposes on and from that commencement be taken to be part of the University. Division 2-Provisions Relating to the Council of the College 5. Council of the College to cease to exist. The chairman and each other member of the Council of the College holding office as such immediately prior to the commencement of section 4 shall go out of office forthwith on such commencement and that Council of the College shall thereupon cease to exist.

Griffith University and Gold Coast College of Advanced Education Amalgamation Act 1990, No. 3 19 6. Effect of cessation of the Council of the College . (1) Where, after the commencement of section 4, property would have passed by any testamentary disposition or otherwise to or for the benefit of the Council of the College if it were still in existence , that property shall pass to or for the benefit of the University, and shall vest in the University, but without prejudice to any lawful claim of any person in relation to that property. (2) All property which immediately prior to the commencement of section 4 is held by, vested in or under the control of the Council of the College shall, on that commencement, be divested from that Council of the College and shall be held by, vested in or, as the case may be, come under the control of the University. (3) If any property vested in the University by subsection (2) is or shall be subject to any condition or trust, that property shall be held by or for the benefit of the University subject to the conditions or trusts on which it was held immediately before that vesting. Any reference in any such conditions or trusts to the Council of the College shall, on and from the commencement of section 4, be read and construed as a reference to the University. (4) All rights accruing or accrued to the Council of the College in respect of any property vested in the University pursuant to subsection (2) are hereby vested in and may be enforced by the University. (5) All liabilities of the Council of the College in respect of any property vested in the University pursuant to subsection (2) may be enforced against the University. (6) All suits, actions and proceedings and all causes of action pending or existing immediately prior to the commencement of section 4 by or against the Council of the College may be carried on and prosecuted by or against the University and no such suit, action or proceeding shall abate or be prejudicially affected by this Act. (7) All contracts, agreements and undertakings entered into with and all securities lawfully given to or by the Council of the College existing at the commencement of section 4 shall be deemed to be contracts, agreements and undertakings entered into with and securities given to or by the University and may be enforced by or against the University accordingly. (8) Where title to any property vested in or otherwise transferred by this Act to the University is registered in any register, the person having charge of the register, upon a request made to that person in writing by or on behalf of the University, shall make all entries in the register to record the vesting of that property in accordance with this Act. No stamp duty, fees or other charges are payable in respect of the request. 7. Employment of staff of the Council of the College . (1) In this section, "employee of the College" means a person who immediately

20 Gri ffith University and Gold Coast College of Advanced Education Amalgamation Act 1990, No. 3 prior to the commencement of section 5 held any paid employment with the Council of the College or had been appointed to the staff of the College but had not taken up duty. (2) On the commencement of section 5, every employee of the College becomes an employee of the University, subject to any applicable award or industrial agreement- (a) at a level of salary or wages determined by the Council but not less than the level of salary or wages at which that employee was employed immediately before that commencement; and (b) on such other terms and conditions as the Council may determine, and in making that determination the Council shall have regard to the terms and conditions that applied to that employee immediately before that commencement. (3) A person who becomes an employee of the University pursuant to subsection (2) shall be entitled to receive annual, sick and long service leave and any similar entitlement accrued or accruing to that person as an employee of the College, and service as an employee of the College shall be deemed to be service as an employee of the University for the purposes of calculating that entitlement. (4) A person who becomes an employee of the University pursuant to this section is not entitled to claim, both under this Act and any other Act, benefits in respect of the same period of service. 8. Superannuation entitlements. (1) A person who, pursuant to section 7, becomes an employee of the University shall- (a) retain all entitlements accrued or accruing to that person as a contributor to a fund under the PublicServiceSuperannuationAct 1958-1989, the StateServiceSuperannuation Act 1972-1989 or the Superannuation(Government and Other Employees) Act 1988; and (b) be deemed to be an officer or member, as the case may be, within the meaning of each of those Acts and shall- (i) subject to subsection (2), continue to contribute to that fund; and ( ii) be entitled to payments and other benefits therefrom. (2) Notwithstanding the provisions of subsection (1), subject to the applicable provisions of the Acts referred to in subsection ( 1) (a), it is competent to an employee of the University to elect to contribute to a superannuation scheme established or participated in pursuant to section 17A of GriffithUniversityAct 1971-1989 in lieu of continuing to contribute to a fund or funds referred to in subsection ( 1), and if that employee does so elect to contribute , that employee is deemed to have

Griffith University and Gold Coast College of Advanced Education Amalgamation Act 1990, No. 3 21 been entitled to make and to have made an election under section 6 (1) of the Superannuation(Public Employees Portability and ActsAmendment) Act 1985. Division 3-Provisions Relating to the Union 9. Union to cease to exist. The Gold Coast College of Advanced Education Union shall cease to exist on the commencement of section 4. 10. Provisions relating to the Union. (1) Where, after the commencement of section 4, property would have passed by any testamentary disposition or otherwise to or for the benefit of the Union, if it were still in existence, that property shall pass to or for the benefit of the University, and shall vest in the University, but without prejudice to any lawful claim of any person in relation to that property. (2) All property which immediately prior to the commencement of section 4 was held by or vested in the Union shall, on that commencement, be divested from the Union and shall vest in the University. (3) If any property vested in the University by subsection (2) is or shall be subject to any condition or trust, that property shall be held by the University subject to the conditions or trusts on which it was held immediately before that vesting. Any reference in any such conditions or trusts to the Union shall, on and from the commencement of section 4, be read and construed as a reference to the University. (4) All rights accruing or accrued to the Union in respect of any property vested in the University pursuant to subsection (2) are hereby vested in and may be enforced by the University. (5) All liabilities of the Union in respect of any property vested in the University pursuant to subsection (2) may be enforced against the University. (6) All suits, actions and proceedings and all causes of action pending or existing immediately prior to the commencement of section 4 by or against the Union may be carried on and prosecuted by or against the University and no such suit, action or proceeding shall abate or be prejudicially affected by this Act. (7) All contracts, agreements and undertakings entered into with and all securities lawfully given to or by the Union existing at the commencement of section 4 shall be deemed to be contracts, agreements and undertakings entered into with and securities given to or by the University and may be enforced by or against the University accordingly. 11. Officers and employees of the Union. (1) Any person who immediately prior to the commencement of section 9 holds any office with the Union as provided for in the Union's Constitution shall go out of office forthwith on such commencement.

22 Griffith University and Gold Coast College of Advanced Education Amalgamation Act 1990, No. 3 (2) Any person who immediately prior to the commencement of section 9 held any paid employment with the Union other than as provided for in subsection (1) or who had been appointed to the staff of the Union but had not taken up duty, shall continue in employment with the University , or be entitled to take up employment with the University , as the case may be, on the same terms and conditions of employment upon which that person was employed or had been appointed with or by the Union. (3) A person who pursuant to subsection ( 2) becomes an employee of the University retains any rights accrued or accruing to that person as an employee of the Union. Division 4-Provisions Relating to Students and Awards 12. Enrolment of students in courses . (1) Each person who was, immediately prior to the commencement of section 4, a student of the College enrolled in a course shall, subject to University enrolment requirements, be eligible to become, on that commencement, a student of the University and be enrolled in a course of study that is substantially the same, in academic content, as the course in which the student was enrolled at the College. (2) The University shall provide such courses of study as are necessary for the purposes of subsection (1). 13. Awards. (1) If a student is enrolled in a course of study pursuant to section 12 (1), the University shall give the student full credit in that course of study for work completed by the student in the course in which the student was previously enrolled and for which credit had been given by the College. (2) A student who satisfactorily completes a course and who has not been granted an academic award of the College by the date of commencement of section 4 shall be granted an academic award under the common seal of the University. Division 5-General Provisions 14. Compliance with accounts and audit requirements . The Council shall comply in all respects with the provisions of the FinancialAdministration and Audit Act 1977-1988 in the place of the Council of the College in respect of the financial year of the Council of the College ending 31 December 1989 (if such provisions have not been complied with prior to the commencement of section 4) and in respect of that part of the next financial year of the Council of the College that extends up to the commencement of section 4, and any financial statements prepared by the Council in respect of that period or those periods in the place of the Council of the College shall have the same force and effect as if they had been prepared by the Council of the College. 15. Compliance with annual reporting requirements . The Council shall comply in all respects with the provisions of the Financial

Griffith University and Gold Coast College of Advanced Education Amalgamation Act 1990, No. 3 23 Administration and Audit Act 1977-1988 in the preparation of the annual report on the operations of the Council of the College in respect of the year ending 31 December 1989 (if the Council of the College has not already done so prior to the commencement of section 4) and in respect of that part of the next financial year of the Council of the College that extends up to the commencement of section 4. 16. Savings . (1) Unless otherwise expressly prescribed, every approval, determination, authority, certificate, direction, notification, order, permission, appointment, arrangement, prohibition, refusal, registration or other act of authority made, granted, issued, done or otherwise originated by the Council of the College under- (a) Division III of Part VIIA, Part VIII and Divisions I, II, III, V and VI of Part VIIIA of the Education Act 1964-1989; or (b) any regulation, by-law or rule made in respect of the College, Council of the College or Union under the Education Act1964-1989 in relation to the subject matter or operation of the Divisions and Parts of that Act referred to in subparagraph (a), shall, subject as hereinafter provided, continue in force as fully and effectually as if it had been granted, issued, done or otherwise originated under a corresponding provision of the GriffithUniversity Act 1971- 1989 including a corresponding regulation, Statute or rule (and shall, where necessary, be deemed to have so originated) until it expires by effluxion of time or is rescinded, repealed, revoked, cancelled, suspended or otherwise determined by the Council (the Council being hereby authorized so to do): Provided that every such approval, determination, authority, certificate, direction, notification, order, permission, appointment, arrangement , prohibition, refusal, registration or other act of authority shall be read and construed subject to this Act. (2) Nothing in this section limits the operation and effect of the Acts Interpretation Act 1954-1989. 17. By- laws and rules . Subject to section 16, on and from the commencement of section 4, any by-laws or rules made by the Council of the College shall cease to have any force or effect. 18. Construction of references . Unless the context otherwise indicates or requires, a reference in any other Act, by-law, regulation or other statutory instrument to the Council of the College shall be read as a reference to the Council, and a reference to the College shall be read as a reference to the University. 19. Governor in Council may prescribe . The Governor in Council may by Order in Council prescribe with respect to all matters that are necessary or desirable for effectually achieving the objects and purposes of this Act.

24 Griffith University and Gold Coast College of Advanced Education Amalgamation Act 1990, No. 3 PART III-AMENDMENT OF GRIFFITH UNIVERSITY ACT 1971-1989 20. Citation . (1) In this Part the Griffith University Act 1971-1989 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the GriffithUniversity Act 1971-1990. 21. Amendment of s. 8. Constitution of Council . Section 8 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words "shall consist of -" and substituting the words "shall consist of the following members:-"; (ii) inserting after paragraph (f) the following paragraph:- "(fa) where- (i) a college, within the meaning of that term in Part III, is established after the commencement of section 4 of Griffith University and Gold Coast College of Advanced Education Amalgamation Act 1990, in the stead of the Gold Coast College of Advanced Education; and (ii) an advisory council has been constituted for that college under Part III, for not less than 28 days, two members of that advisory council, appointed by the advisory council in the manner prescribed by the Statutes;"; (b) inserting after subsection (1) the following subsections:- "(1A) It is not competent to a person who is a member of the staff appointed to, or a student enrolled in a program at, the college- (a) to vote in any election conducted for the purpose of electing members of the Council; or (b) to be appointed or elected as an appointed member of the Council pursuant to subsection (1) (d), (e) or (f). (IB) In this section, the term- "bodies or persons" does not include any of the staff appointed to or students at the college; "college" means the college, within the meaning of that term in Part III, established in the stead of the Gold Coast College of Advanced Education; "staff" does not include any of the staff appointed to the college; "student" does not include any student at the college.";

Griffith University and Gold Coast College of Advanced Education Amalgamation Act 1990, No. 3 25 (c) in subsection (5A), omitting the words "(g) or (h)" and substituting the words "(fa), (g) or (h)"; (d) in subsection (9), inserting after the words "(f)," the words "(fa),". 22. Amendment of s. 9. Disqualifications from office . Section 9 of the Principal Act is amended by, in subsection (2), omitting the words "(f) or (h)" and substituting the words "(f), (fa) or (h)". 23. Amendment of s. 23 . Establishment of University Colleges. Section 23 of the Principal Act is amended by, in subsection (2)- (a) omitting the word "and" from where it occurs immediately after subparagraph (iii) of paragraph (c); (b) omitting from the end of paragraph (c) the expression "." and substituting the expression ";"; (c) adding after paragraph (c) the following words:- "and (d) establish a Board of Community Services for the college and provide for the membership of the Board and specify the functions, powers and authorities and the duties and responsibilities of the Board.". 24. New ss . 24A and 24B . The Principal Act is amended by inserting after section 24 the following sections:- "24A. Student Representative Council for a college . (1) The Governor in Council may in the Order in Council establishing a college under this Part or by another Order in Council establish a Student Representative Council for that college. (2) The power to make an Order in Council under this section shall include power to make (with respect to all or any of the matters specified in this section) such and so many Orders in Council, either at the same time or from time to time, as the Governor in Council shall consider necessary or expedient in the circumstances. (3) As from such date as the Governor in Council may appoint for that purpose, a Student Representative Council established under subsection (1) shall be a body corporate under the name "(name of college) Student Representative Council", and by that name shall have perpetual succession and a common seal and be capable of suing and being sued. (4) The Student Representative Council for a college shall have such other powers and authorities and be subject to such obligations as shall from time to time be prescribed by or under the Statutes. (5) When and after the Student Representative Council for a college is duly constituted, the Council, except in the case of emergency (of which the Council shall be sole judge), shall submit 2

26 Griffith University and Gold Coast College of Advanced Education Amalgamation Act 1990, No. 3 to the Student Representative Council for the college, a draft of any proposed Statute affecting the powers, authorities or obligations of the Student Representative Council for the college, and shall consider any representations the Student Representative Council for the college may make thereon. (6) The constitution of the Student Representative Council for a college and all amendments thereto or alterations or modifications thereof shall be submitted to the Council through the Registrar and shall have no force or effect unless and until approved by the Council. (7) The Council may give such directions, not inconsistent with this Act, as it considers expedient for the purpose of facilitating and enabling the preparation and adoption of a constitution by the Student Representative Council for a college, and all things done and steps taken by or in relation to the Student Representative Council for the college in accordance with such directions shall be of full force and effect and binding on the Student Representative Council for the college and all persons. 248. Composition and recognition of the Student Representative Council for a college . (1) All students of the college concerned and such other persons as shall be defined by its constitution shall be eligible for membership of the Student Representative Council of that college. (2) The Student Representative Council for a college shall be an organized association of such students and other members for the furthering of the objects of the Student Representative Council for the college as defined by its constitution. (3) It is not the intention of this Part that the Student Representative Council of a college shall, for any purpose, be, or be regarded as, the servant or agent of the Council or the University.". 25. Repeal of and new s. 39. Publication of Proclamations, Orders in Council , regulations and Statutes . The Principal Act is amended by repealing section 39 and substituting the following section:- "39. Tabling of certain subordinate legislation . (1) Section 28A of the Acts Interpretation Act 1954-1989 applies in respect of Orders in Council and Statutes made for the purposes of this Act, and, for the purposes of that application, that section shall be read and construed as if references to regulations were references to Orders in Council and Statutes made for the purposes of this Act.

Griffith University and Gold Coast College of Advanced Education Amalgamation Act 1990, No. 3 27 (2) Every Proclamation made under this Act shall be laid before the Legislative Assembly within 14 sitting days after publication in the Gazette.".