James Cook University of North Queensland and Townsville College of Advanced Education Amalgamation Act 1981 (Qld)

985 O u ee xtsh trY1 ANNO TRICESIMO ELIZABETHAE SECUNDAE REGINAE No. 92 of 1981 An Act to amalgamate the Townsville College of Advanced Education with the James Cook University of North Queensland and to provide for advanced education to be continued in North Queensland ; to amend the James Cook University of North Queensland Act1970 - 1977 in certain particulars ; and for other purposes [ASSENTED TO 3RD DECEMBER, 19811 32-8098

986 James Cook University of North Queensland and Townsville College of Advanced Education Amalgamation Act 1981, No. 92 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 James Cook University of North Queensland and Townsville College of Advanced Education Amalgamation Act 1981. 2. Commencement . (1) This section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on 1 January 1982. 3. Parts of Act. This Act is divided into Parts as follows PART I-PRELIMINARY ( SS. 1-3); PART II-AMALGAMATION OF TOWNSVILLE COLLEGE OF ADVANCED EDUCATION WITH JAMES COOK UNIVERSITY OF NORTH QUEENSLAND (SS. 5-19); PART III-AMENDMENTS OF JAMES COOK UNIVERSITY OF NORTH QUEENSLAND ACT 1970-1977 (ss. 20-24). 4. Interpretation . In this Act, save where a contrary intention appears- " advanced education " means tertiary education that is of a standard equivalent to that furnished by colleges of advanced education established under the Education Act1964-1974; " institute " means the institute of advanced education established by section 10; " Minister " means the Minister for Education or other Minister of the Crown for the time being charged with the administration of this Act and includes any person for the time being temporarily performing the duties of the Minister; " University " means the James Cook University of North Queensland, established and incorporated by the JamesCook University of North Queensland Act1970-1977. PART II-AMALGAMATION OF TOWNSVILLE COLLEGE OF ADVANCED EDUCATION WITH JAMES COOK UNIVERSITY OF NORTH QUEENSLAND 5. Cessation of Townsville College of Advanced Education. On and from the commencement of this Act the college of advanced education established at Townsville under the Education Act1964-1974 shall cease to be a college of advanced education under that Act, and, subject to this Act, shall for all purposes on and from that commencement be taken to be part of the University.

James Cook University of North Queensland and Townsville 987 College of Advanced Education Amalgamation Act 1981, No. 92 6. Cessation of Council of the Townsville College of Advanced Education. On and from the commencement of this Act the Council of the Townsville College of Advanced Education shall cease to exist and the appointments of persons as members of that Council on and from that date shall cease. 7. Provisions relating to the Council of the Townsville College of Advanced Education . (1) Where by any testamentary disposition or otherwise property would pass to or for the benefit of the Council of the Townsville College of Advanced Education if that Council were still in existence , such property shall pass to or for the benefit of the University and shall vest in the University or any trustees for it, as the case may be, but without prejudice to any other lawful claim of any person in relation to such property. (2) All real and personal property which immediately prior to the commencement of this Act is held by or vested in the Council of the Townsville College of Advanced Education shall by virtue of this Act .be divested from that Council and shall, on and from that date, 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, such property shall be held by the University subject to the conditions or trusts upon which it was held immediately before such vesting; and any reference in any such-conditions or trusts to the Council of the Townsville College of Advanced Education shall, on and from the commencement of this Act, be read and construed as a reference to the University. (4) All rights accruing or accrued to the Council of the Townsville College of Advanced Education in respect of any property vested in the University by operation of subsection (2) are hereby vested in the University and may be enforced by the University. (5) All liabilities of the Council of the Townsville College of Advanced Education in respect of any property vested in the University by operation of subsection (2) may be enforced against the University. (6) All actions and proceedings commenced by or against the Council of the Townsville College of Advanced Education and subsisting immediately prior to the commencement of this Act and all contracts, matters and things entered upon by that Council before that date may be continued by or, as the case may be, against the University in its name and style. 8. Staff . (1) Every person who, immediately prior to the commencement of this Act, holds any salaried office or employment with the Council of the Townsville College of Advanced Education shall, if he so desires, become and be an officer or employee of the University on such terms and conditions, subject to any applicable award of any industrial court, commission, tribunal or authority, as the Council of the University may determine, but no less favourable than those upon which he so held that office or employment.

988 James Cook University of North Queensland and Townsville College of Advanced Education Amalgamation Act 1981, No. 92 (2) Every person whose appointment to the staff of the Townsville College of Advanced Education had been approved by the Council of that College but who, as at the commencement of this Act, has not taken up duty at that College shall, if he so desires, be employed by the University on such terms and conditions, subject to any applicable award of any industrial court, commission, tribunal or authority, as the Council of the University may determine, but no less favourable than those upon which he would have been employed by the Council of the Townsville College of Advanced Education. 9. Entitlement of officers and employees . (1) A person who immediately prior to his becoming an officer or employee of the University is employed full time by the Council of the Townsville College of Advanced Education in a permanent capacity shall for as long as he continues in the University's employment in a full time permanent capacity retain and may claim against the University in respect of all entitlements as respects leave that have accrued or are accruing to him as an employee of the Council at the time when he ceases to be such an employee and for this purpose his service as such an employee and as such an officer or employee shall be deemed to be continuous service as an officer or employee of the University. (2) A person who immediately prior to his becoming an officer or employee of the University is a contributor to the State Service Superannuation Fund for as long as he continues in the University's employment in a full time permanent capacity- (a) shall retain all entitlements which at the time he becomes such an officer or employee have accrued or are accruing to him as a contributor under the Public Service SuperannuationAct1958-1978 or the State Service Superannuation Act1972- 1978; and (b) shall be deemed to be an officer within the meaning of each of those Acts and shall continue to contribute to that fund and shall be entitled to payments and other benefits therefrom in respect of himself, his widow and any child of his accordingly. (3) In respect of a person who contributes to the State Service Superannuation Fund and is referred to in subsection (2) the University shall pay to the State Service Superannuation Additional Benefits Fund such sums as would have been payable by the Council of the Townsville College of Advanced Education to such last-mentioned fund had the contributor been an employee of that Council and had been paid salary at the rate paid to him at the material time by the University. Moneys payable by the University to the State Service Superannuation Additional Benefits Fund and unpaid may be recovered by action in a court of competent jurisdiction by the State Service Superannuation Board constituted under the State Service Superannuation Act1972-1978 as a debt due to the Board.

James Cook University of North Queensland and Townsville 989 College of Advanced Education Amalgamation Act 1981, No. 92 10. Establishment of institute . (1) There is hereby established as part of the University on and from the commencement of this Act an institute of advanced education wherein the University shall, subject to subsection (2), offer the following courses in advanced education:- Associate Diploma in Business; Associate Diploma in Community Welfare; Associate Diploma in Performing Arts; Diploma of Teaching (which includes the Aboriginal and Islander Teacher Education Programme and the In-Service Diploma of Teaching);' Bachelor of Education; Graduate Diploma in Aboriginal Education. (2) The University may with the. prior approval in writing of the Minister omit or alter any of the courses specified in subsection (1) or substitute another course for any of those courses. The University shall give the Minister three months notice of its intention to omit, alter or substitute any such course. (3) The Minister may in respect of a particular course or a particular class of course exempt the University from complying with any of the provisions of subsection (2). 11. Director of institute . (1) On and from the commencement of this Act, there shall be a Director of the institute. (2) The first Director of the institute shall be the person who, immediately prior to the commencement of this Act, holds the office of Director of the Townsville College of Advanced Education. 12. Cessation of Union . (1) On and from the commencement of this Act the Townsville College of Advanced Education Union (in this section referred to as " the Union ") shall cease to exist. (2) Where by any testamentary disposition or otherwise property would pass to or for the benefit of the Union if the Union were still in existence , such property shall pass to or for the benefit of the James Cook University of North Queensland Union and shall vest in that Union or any trustee for it, as the case may be, but without prejudice to any other lawful claim of any person in relation to such property. (3) All real and personal property which, immediately prior to the commencement of this Act, is held by or vested in the Union shall by virtue of this Act be divested from that Union and shall, on and from that date, vest in the James Cook University of North Queensland Union. (4) If any property vested in the James Cook University of North Queensland Union by subsection (2) is or shall be subject to any condition or trust, such property shall be held by that Union subject to the conditions or trusts upon which it was held immediately before such vesting; and any reference in any such conditions or trusts to the Union shall, on and from the commencement of this Act be read and construed as a reference to the James Cook University of North Queensland Union.

990 James Cook University of North Queensland and Townsville College of Advanced Education Amalgamation Act 1981, No. 92 (5) All rights accruing or accrued to the Union in respect of any property vested in the James Cook University of North Queensland Union by operation of subsection (3) are hereby vested in the lastmentioned Union and may be enforced by it. (6) All liabilities of the Union in respect of any property vested in the James Cook University of North Queensland Union by operation of subsection (2) may be enforced against the lastmentioned Union. (7) All actions and proceedings commenced by or against the Union and subsisting, immediately prior to the commencement of this Act, and all contracts, matters and things entered upon by the Union before that date may be continued by or, as the case may be, against the James Cook University of North Queensland Union in its name and style. 13. Students . (1) Any person who immediately prior to the commencement of this Act is a student enrolled at the Townsville College of Advanced Education shall be entitled without any authority other than this section to be enrolled as a student in an appropriate course in advanced education at the University and the University shall furnish him with an education in the same courses and programmes of study as he would have obtained if he were still a student at a college of advanced education constituted under the Education Act1964-1974. (2) Upon the successful completion of his course of study a student referred to in subsection (1) shall be entitled to be granted an award by the University (the University being hereby empowered to so grant such award) which award shall have the same force and effect as an award granted by a college of advanced education constituted under the EducationAct1964-1974 and as if it had been accredited by the Board of Advanced Education. 14. Council of University to confer. With a view to ensuring the maintenance and development of advanced education in North Queensland the Council of the University- (a) shall confer and co-operate with the Board of Advanced Education and the Board of Teacher Education and shall have regard to the functions and powers of those Boards; and (b) may confer and co-operate with such other persons, educational institutions, industry, trade or commerce and such other organizations as it thinks necessary. 15. Disputes . Where a dispute relative to a course in advanced education referred to in section 10 arises between the Council of the University and either of the Boards referred to in section 14 the Council or the Board in question may refer the matter of dispute to the Minister whose decision thereon shall be final and shall be given effect to by all parties.

James Cook University of North Queensland and Townsville 991 College of Advanced Education Amalgamation Act 1981, No. 92 16. Advisory Committee. The Council of the University shall within one month from the commencement of this Act establish a committee under the name and style "Advisory Committee for Advanced Education in North Queensland " which committee shall consist of- (a) the five members of the Council of the University, appointed by the Governor in Council pursuant to section 7 (1) (g) of the James Cook University of North Queensland Act1970-1981 as having a principal interest in advanced education; (b) four other members of the Council, appointed by the Council. The members of the committee shall appoint one of their number to be chairman and another to be deputy chairman. 17. Functions of Advisory Committee. (1) The functions of the Advisory Committee are to advise the Council of the University on- (a) the implementation of this Act, particularly in respect of the integration of staff and students of the Townsville College of Advanced Education with the other staff and students of the University; (b) the maintenance of standards of advanced education in North Queensland ; (c) the development of advanced education in North Queensland, including the introduction of new courses; (d) the needs of North Queensland in relation to advanced education; (e) such other matters in respect of advanced education as are referred to it by the Council of the University. (2) The Council of the University shall have due regard to the recommendations of the Advisory Committee. (3) In carrying out its functions the Advisory Committee may confer and co-operate with such persons, educational institutions, industry, trade, commerce and such other organizations as it thinks necessary. 18. By-laws and rules. (1) Subject to subsection (2), any by-laws or rules made by the Council of the Townsville College of Advanced Education shall, on and from the commencement of this Act, cease to have any force or effect. (2) The rules made by the Council of the Townsville College of Advanced Education relating to courses shall remain in force until the Council of the University makes Statutes or rules relating to courses in advanced education (the Council of the University hereby being empowered to do so) whereupon the firstmentioned rules shall, on and from the commencement of those Statutes or rules, cease to have any force or effect.

992 James Cook University of North Queensland and Townsville College of Advanced Education Amalgamation Act 1981, No. 92 19. Audit and accounts . In respect of the year ending 31 December 1981 the University shall comply in all respects with the provisions of section 62N of the Education Act1964-1974 on behalf of the Council of the Townsville College of Advanced Education and any statements of account prepared by the University in respect of that year on behalf of and in the name of that Council shall have the same force and effect as if they had been prepared by that Council. The Auditor-General or an officer authorized by him shall, in respect of the University and any officer or employee of the University in relation to that year and the accounts and records of that Council, have the same duties imposed and powers conferred upon him by that section as if the University were a Council of a College of Advanced Education constituted under that Act and those officers or employees were officers or employees of such a Council. PART 111-AMENDMENTS OF JAMES COOK UNIVERSITY OF NORTH QUEENSLAND ACT 1970-1977 20. Citation . (1) The James Cook University of North Queensland Act 1970-1977 is in this Part 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 Act1970-1981.. 21. Amendment of s. 7. Constitution of Council other than first Council. Section 7 of the Principal Act is amended by, in subsection (1):- (a) omitting paragraph (d) and substituting the following paragraph:- (d) four members who are members of the permanent academic staff of the University, and of whom at least one is a person whose primary responsibility is in the teaching of courses in advanced education, appointed by that staff; "; (b) inserting after paragraph (f) the following paragraph:- (fa) one member who is a student enrolled in a course in advanced education appointed by the Council of the Union;"; (c) in paragraph (g), (i) omitting the word " six " and substituting the word " eleven "; (ii) inserting after the word " Council " the words ", of whom at least five shall have a principal interest in advanced education ": (d) in paragraph (h), (i) omitting the word " six " and substituting the word " seven "; (ii) in subparagraph (ii), omitting the words " institution." and substituting the words " institution; "; (iii) inserting after subparagraph (ii) the following subparagraph:- (iii) more than one person who is a member of Convocation by virtue of being a past member of the Council of the Townsville College of Advanced Education or a graduate of that College.".

James Cook University of North Queensland and Townsville 993 College of Advanced Education Amalgamation Act 1981, No. 92 22. Amendment of s. 18. Constitution of Convocation . Section 18 of the principal Act is amended by, in subsection (1)- (a) in paragraph (a), inserting after the word " Council " the words ", and all past members of the Council of the Townsville College of Advanced Education "; (b) in paragraph (c), inserting after the word " register " the words ", and all graduates. of the Townsville College of Advanced Education 23. Amendment of s. 23. Functions of the University. Section 23 of the Principal Act is amended by in paragraph (c) inserting after the word " community " the words ", and in particular those levels of attainment that were the responsibility of the Council of the Townsville College of Advanced Education prior to 1 January 1982 ". 24. Transitional . The additional members to be appointed to the Council of the University pursuant to amendments made to the Principal Act by section 21 shall, in the first instance, be appointed by the Governor in Council on the recommendation of the Minister and shall hold office as members of the Council on and from the commencement of this Act until the expiration of the term of office of other members of the Council (other than ex officio members).