Griffith University and Queensland Conservatorium of Music Amalgamation and Miscellaneous Amendments Act 1991 (Qld)

417 GRIFFITH UNIVERSITY AND QUEEN S LAND CONSERVATORIUM OF MUSIC AMALGAMATION AND MISCELLANEOUS ACT 1991 No. 23 of 1991 ANALYSIS OF CONTENTS 1. Short title 2. Commencement 3. Interpretation PART I-PRELIMINARY PART II-AMALGAMATION OF THE QUEENSLAND CONSERVATORIUM OF MUSIC WITH THE GRIFFITH UNIVERSITY Division 1-Provisions Relating to the Conservatorium 4. Conservatorium to amalgamate with the University Division 2-Provisions Relating to the Council of the Conservatorium 5. Council of the Conservatorium to cease to exist 6. Effect of cessation of the Council of the Conservatorium 7. Employment of staff of the Council of the Conservatorium 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

418 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 20. Repeal of certain enactments PART III-AMENDMENT OF GRIFFITH UNIVERSITY ACT 1971-1990 21. Principal Act and citation 22. Amendment of s. 8. Constitution of Council PART IV-AMENDMENT OF UNIVERSITY OF QUEENSLAND ACT 1965-1989 23. Principal Act and citation 24. Amendment of s. 15. Constitution of Convocation 25. Amendment of s. 34. Statutes PART V-AMENDMENT OF JAMES COOK UNIVERSITY OF NORTH QUEENSLAND ACT 1970-1990 26. Principal Act and citation 27. Amendment of s. 7. Constitution of Council other than first Council PART VI-AMENDMENT OF EDUCATION (GENERAL PROVISIONS) ACT 1989 28. Principal Act and citation 29. Amendment of s. 3. Interpretation 30. Amendment of s. 24 . Suspension from attendance 31. Amendment of s. 25. Exclusion from attendance SCHEDULE

419 ueeuslana ANNO QUADRAGESIMO ELIZA ETAE SECUNDAE REGINAE N 2 3 GI An Act to amalgamate the Queensland Conservatorium of Music with the Griffith University and for other purposes [ASSENTED TO 5TH JUNE, 1991]

420 Griffith University and Queensland Conservatorium of Music Amalgamation and Miscellaneous Amendments Act 1991, No. 23 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 Queensland Conservatorium of Music Amalgamation and Miscellaneous Amendments Act 1991. 2. Commencement . (1) Section 1, this section, section 5(2) and Parts III, V and VI commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Section 20, the Schedule and the provisions of Part IV commence on a day or days appointed by Proclamation. (3) Except as provided by subsections (1) and (2), the provisions of this Act commence on 1 July 1991, but if an earlier date is appointed by Proclamation made before 1 July 1991, those provisions commence on that earlier date. 3. Interpretation . In this Act, unless the contrary intention appears- "Conservatorium" means the Queensland Conservatorium of Music, a college of advanced education, established under the Education Act 1964-1990; "Council of the Conservatorium" means the Council of the Conservatorium constituted under the Education Act 1964- 1990; "Council of the University" means the Council of the University constituted under the Griffith University Act 1971-1990; "Minister" includes any Minister of the Crown for the time being performing the duties of the Minister; "Union" means the Queensland Conservatorium of Music Union established under the Education Act 1964-1990; "University" means the Griffith University established and incorporated under the Griffith University Act 1971-1990. PART II-AMALGAMATION OF THE QUEENSLAND CONSERVATORIUM OF MUSIC WITH THE GRIFFITH UNIVERSITY Division 1-Provisions Relating to the Conservatorium 4. Conservatorium to amalgamate with the University . On and from the commencement of this section, the Conservatorium ceases to be a college of advanced education under the Education Act 1964-1990 and, subject to this Act, is for all purposes on and from that commencement taken to be part of the University.

Griffith University and Queensland Conservatorium of Music 421 Amalgamation and Miscellaneous Amendments Act 1991, No. 23 Division 2-Provisions Relating to the Council of the Conservatorium 5. Council of the Conservatorium to cease to exist. (1) The chairman and each other member of the Council of the Conservatorium holding office as such immediately before the commencement of section 4 shall go out of office forthwith on such commencement and that Council of the Conservatorium shall thereupon cease to exist. (2) If the provisions of subsection (1) commence after 26 June 1991, the chairman and each other member of the Council of the Conservatorium holding office at the end of the term expiring on 26 June 1991 are to be taken to continue in office until the date of commencement of the provisions of subsection (1). 6. Effect of cessation of the Council of the Conservatorium. (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 Conservatorium 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 Conservatorium shall, on that commencement, be divested from that Council of the Conservatorium 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 Conservatorium 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 Conservatorium 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 Conservatorium 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 before the commencement of section 4 by or against the Council of the Conservatorium 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 Conservatorium existing at the commencement of section 4 shall be deemed to be

422 Griffith University and Queensland Conservatorium of Music Amalgamation and Miscellaneous Amendments Act 1991, No. 23 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, is to 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 Conservatorium. (1) In this section, "employee of the Conservatorium " means a person who immediately before the commencement of section 5 held any paid employment with the Council of the Conservatorium or had been appointed to the staff of the Conservatorium but had not taken up duty. (2) On the commencement of section 5, every employee of the Conservatorium 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 of the University 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 of the University may determine, and in making that determination the Council of the University is to 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) is entitled to receive annual, sick and long service leave and any similar entitlement accrued or accruing to that person as an employee of the Conservatorium, and service as an employee of the Conservatorium is taken 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 or as a member of a scheme under the Public Service Superannuation Act 1958-1990, the StateService Superannuation Act 1972-1990, the Superannuation(Government and Other Employees) Act 1988 or the Superannuation (State Public Sector) Act 1990; and

Griffith University and Queensland Conservatorium of Music 423 Amalgamation and Miscellaneous Amendments Act 1991, No. 23 (b) be taken 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 or continue as a member of the scheme; 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, not later than two months after the commencement of this section, to contribute to a superannuation scheme established or participated in pursuant to section 17A of Griffith University Act 1971-1990 in lieu of continuing to contribute to a fund or funds, or continuing as a member of a scheme referred to in subsection (1), and if that employee does so elect to contribute, that employee is taken to have been entitled to make and to have made an election under section 6(1) of the Superannuation (Public EmployeesPortability and Acts Amendment) Act 1985-1990. Division 3-Provisions Relating to the Union 9. Union to cease to exist. The Queensland Conservatorium of Music 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 before the commencement of section 4 by or against the Union may be carried on and prosecuted by or

424 Griffith University and Queensland Conservatorium of Music Amalgamation and Miscellaneous Amendments Act 1991, No. 23 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 taken 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) Notwithstanding subsection (7) and section 62AB(2) of the Education Act 1964-1990, all contracts, agreements and undertakings entered into with and all securities given prior to 20 August 1990 to or by an unincorporated association using the name Queensland Conservatorium of Music Union shall be taken to be contracts, agreements and undertakings entered into with and securities given to or by the body corporate of that same name appointed by Proclamation on and from 20 August 1990 and as such may be enforced by or against the University. 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. (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 before the commencement of section 4, a student of the Conservatorium 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 Conservatorium. (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 is to 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 Conservatorium.

Griffith University and Queensland Conservatorium of Music 425 Amalgamation and Miscellaneous Amendments Act 1991, No. 23 (2) A student who satisfactorily completes a course of study and who has not been granted an academic award of the Conservatorium by the date of commencement of section 4 is to 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 of the University is to comply in all respects with the provisions of the Financial Administration and Audit Act 1977-1990 in the place of the Council of the Conservatorium in respect of the financial year of the Council of the Conservatorium ending 31 December 1990 (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 Conservatorium that extends up to the commencement of section 4, and any financial statements prepared by the Council of the University in respect of that period or those periods in the place of the Council of the Conservatorium shall have the same force and effect as if they had been prepared by the Council of the Conservatorium. 15. Compliance with annual reporting requirements . The Council of the University is to comply in all respects with the provisions of the Financial Administration and Audit Act 1977-1990 in the preparation of the annual report on the operations of the Council of the Conservatorium in respect of the year ending 31 December 1990 (if the Council of the Conservatorium 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 Conservatorium 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 Conservatorium- (a) under Division III of Part VIIA, Part VIII and Divisions I, II, III, V and VI of Part VIIIA of the Education Act 1964- 1990; or (b) under any regulation, by-law or rule made in respect of the Conservatorium, Council of the Conservatorium or Union under the Education Act 1964-1990 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- 1990 including a corresponding regulation, Statute or rule (and shall, where necessary, be taken to have so originated) until it expires by effluxion of time or is rescinded, repealed, revoked, cancelled, suspended or otherwise determined by the Council of the University (the Council of the University being hereby authorized so to do): Provided that every

426 Griffith University and Queensland Conservatorium of Music Amalgamation and Miscellaneous Amendments Act 1991, No. 23 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 1954-1990. 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 Conservatorium 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 Conservatorium shall be read as a reference to the Council of the University, and a reference to the Conservatorium 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. 20. Repeal of certain enactments . The Acts referred to in the Schedule are repealed to the extent therein indicated. PART III-AMENDMENT OF GRIFFITH UNIVERSITY ACT 1971-1990 21. Principal Act and citation . (1) In this Part the Griffith UniversityAct 1971-1990 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Griffith University Act 1971-1991. 22. Amendment of s. 8 . Constitution of Council . Section 8 of the Principal Act is amended by omitting subsections (1A) and (1 B) and substituting the following subsection:- "(1A) A person who is a member of the staff appointed to, or a student enrolled in a program at, the college within the meaning of that term in Part III, established in the stead of the Gold Coast College of Advanced Education is not eligible- (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).". PART IV-AMENDMENT OF UNIVERSITY OF QUEENSLAND ACT 1965-1989 23. Principal Act and citation . (1) In this Part the University of Queensland Act 1965-1989 is referred to as the Principal Act.

Griffith University and Queensland Conservatorium of Music 427 Amalgamation and Miscellaneous Amendments Act 1991, No. 23 (2) The Principal Act as amended by this Part may be cited as the University of Queensland Act 1965-1991. 24. Amendment of s. 15. Constitution of Convocation . Section 15 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:- "(1) There shall be a Convocation of the University consisting of- (a) all members and past members of the Senate; (b) all persons who have been granted a Degree, Diploma or Certificate, of any kind, of the University of Queensland or the former Queensland Agricultural College; (c) all full-time members of the academic staff of the University; (d) all students of the University enrolled for a Master's or Doctor's Degree; (e) such persons or classes of persons as are admitted as members of Convocation in accordance with the Statutes; (f) all persons not qualified to be members of Convocation under the foregoing provisions of this section who, immediately before the commencement of this section, were members of Convocation.". 25. Amendment of s. 34. Statutes . Section 34(1) of the Principal Act is amended by inserting after paragraph (iii) the following paragraph:- "(iiia) The admission of members to Convocation;". PART V-AMENDMENT OF JAMES COOK UNIVERSITY OF NORTH QUEENSLAND ACT 1970-1990 26. Principal Act and citation . (1) In this Part the James CookUniversity of North Queensland Act 1970-1990 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the James Cook University of North Queensland Act 1970-1991. 27. Amendment of s. 7. Constitution of Council other than first Council . Section 7(1) of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph:- "(b) the Director-General of Education, or the Director-General's nominee, who shall be ex officio a member;". PART VI-AMENDMENT OF EDUCATION (GENERAL PROVISIONS) ACT 1989 28. Principal Act and citation . (1) In this Part the Education (GeneralProvisions) Act 1989 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Education (General Provisions) Act 1989-1991.

428 Griffith University and Queensland Conservatorium of Music Amalgamation and Miscellaneous Amendments Act 1991, No. 23 29. Amendment of s. 3. Interpretation . Section 3 of the Principal Act is amended by in subsection (1)- (a) inserting after the definition "Education Office Gazette" the following:- " "executive director" means an executive director of a region of education;"; (b) omitting the definition "regional director". 30. Amendment of s. 24 . Suspension from attendance . Section 24 of the Principal Act is amended by- (a) in subsection (2) omitting the words "regional director" and substituting the words "executive director"; (b) in subsection (3) omitting the words "regional director" and substituting the words "executive director"; (c) in subsection (4) omitting the words "regional director" and substituting the words "executive director"; (d) in subsection (5) omitting the words "regional director" and substituting the words "executive director". 31. Amendment of s. 25. Exclusion from attendance . Section 25 of the Principal Act is amended by in subsection (3) omitting the words "regional director" and substituting the words "executive director".

Griffith University and Queensland Conservatorium of Music 429 Amalgamation and Miscellaneous Amendments Act 1991, No. 23 SCHEDULE Acts Repealed Short Title and Number [s.20} Extent of Repeal The Education Act of 1964, No. 73 Education Act Amendment Act 1970, No. 9 Education Act Amendment Act 1970(No.2), No. 47 Education Act Amendment Act 1973, No. 31 Education Act Amendment Act 1973(No.2), No. 48 Education Act Amendment Act 1984, No. 2 Universities and Colleges (Higher EducationAdministration Charges) Act 1987, No. 2 Employment, Vocational Education andTraining Act Amendment Act 1988, No. 85 Education (Senior Secondary SchoolStudies) Act 1988, No. 95 Education (Teacher Registration) Act 1988, No. 96 Education (General Provisions) Act 1989, No. 30 Universities and Colleges of AdvancedEducation Act 1989, No. 62 Education (Board of Advanced EducationDissolution) Act 1989, No. 89 The Whole The Whole The Whole The Whole The Whole The Whole Part V and the heading to that Part Part III and the heading to that Part Part V and the heading to that Part Part VI and the heading to that Part Part IX and the heading to that Part Part V and the heading to that Part Part V and the heading to that Part Minister 's Second Reading Speech made on 18 April 1991.