Universities Governing Bodies (University of Newcastle) Order 2012 (NSW)

2012 No 447

New South Wales

Universities Governing Bodies

(University of Newcastle) Order 2012

under the

Universities Governing Bodies Act 2011

I, the Minister for Education, in pursuance of section 4 of the Universities Governing
Bodies Act 2011, make the following Order.

Dated, this 5th day of September 2012.

ADRIAN PICCOLI, MP

Minister for Education

Explanatory note
The objects of this Order are:

(a)	to give notice of the terms of a governing body resolution made by the Council of the University of Newcastle under section 4 of the Universities Governing Bodies Act 2011, and
(b)	to set out the resultant amendments and necessary changes to the University of Newcastle Act 1989 and the by-laws made under it specified in section 4 (4) (b) and (c) of the Universities Governing Bodies Act 2011.

This Order is made under section 4 of the Universities Governing Bodies Act 2011.

Published LW 6 September 2012	Page 1
2012 No 447
Universities Governing Bodies (University of Newcastle) Order 2012
Contents

Page

1	Name of Order	3
2	Commencement	3
3	Notice of terms of governing body resolution and day on
which it has effect	3
4	Amendment to University of Newcastle legislation	4

Schedule 1	Amendment of University of Newcastle Act 1989 No 68	5
Schedule 2	Amendment of University of Newcastle By-law 2005	12

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Universities Governing Bodies (University of Newcastle) Order 2012	Clause 1
Universities Governing Bodies (University of Newcastle) Order 2012
under the
Universities Governing Bodies Act 2011

1      Name of Order

This Order is the Universities Governing Bodies (University of
Newcastle) Order 2012.

2      Commencement

This Order commences on the day on which it is published on the NSW legislation website.

3      Notice of terms of governing body resolution and day on which it has effect

(1)  Notice is given that on 24 August 2012 the Council of the University of Newcastle passed a governing body resolution in the following terms:

(a)

by at least two-thirds majority, resolve that pursuant to section 4 (1) (a) of the Universities Governing Bodies Act 2011 the replaceable provisions of the University of Newcastle Act 1989 are displaced and the standard governing body provisions (set out in Schedule 1 to the Universities Governing Bodies Act 2011) are adopted,

(b)

by at least two-thirds majority, in accordance with section 4 (1) (b) of the Universities Governing Bodies Act 2011, approve the following constitution rules, for the purposes of the governing body provisions:

(i)	the total number of members of the Council is 16,
(ii)	the total number of members in each category is:

(A) 3 official members, and

(B) 4 elected members (being 2 academic staff members, 1 non-academic staff member and 1 student member), and

(C)	7 Council appointed members, and
(D)	2 members appointed by the Minister,

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Clause 4 Universities Governing Bodies (University of Newcastle) Order 2012

(iii)      the minimum number of external members who must be graduates of the University is 3. They will become members by appointment by the Council or Minister.

(2)

The governing body resolution referred to in subclause (1):

(a)	to the extent that it authorises the amendment made by Schedule 1 [6], has effect on the day this Order is published on the NSW legislation website, and
(b)	for all other purposes, has effect on 1 January 2013.

4      Amendment to University of Newcastle legislation

(1)	In accordance with section 4 (4) of the Universities Governing Bodies Act 2011, the amendments to the University of Newcastle Act 1989 and University of Newcastle By-law 2005 set out in Schedule 1 (other than Schedule 1 [6]) and Schedule 2, respectively, commence on 1 January 2013.
(2)	Schedule 1 [6] commences on the day this Order is published on the NSW legislation website.

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Universities Governing Bodies (University of Newcastle) Order 2012

Amendment of University of Newcastle Act 1989 No 68	Schedule 1
Schedule 1	Amendment of University of Newcastle Act 1989 No 68

[1]      Sections 8 and 9

Omit the sections. Insert instead:

Division 1 The Council

8      Definitions

In this Division:
appointed member means a Council appointed member or a
Ministerially appointed member.
categories of members—see section 8B (3).
constitution rules—see section 8B (4).
Council appointed member—see section 8F.
elected member—see section 8D.
external person means a person other than a member of the
academic or non-academic staff of the University or an
undergraduate or graduate student of the University.
graduate member—see section 8E.
Ministerially appointed member—see section 8G.

official member—see section 8H.

8A

Council

(1)	There is to be a Council of the University.
(2)	The Council is the governing authority of the University and has the functions conferred or imposed on it by or under this Act.
(3)	Schedule 1 has effect in relation to the members and procedure of the Council.

8B

Size of Council

(1)	The Council is to consist of a minimum of 11, and a maximum of 22, members.
(2)	The total number of members is to be determined from time to time by a resolution passed by at least two-thirds of the members of the Council (the total number of members).
(3)	The Council is to include the following categories of members:

(a) official members,

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Schedule 1 Amendment of University of Newcastle Act 1989 No 68

(b)	elected members,
(c)	Council appointed members,
(d)	Ministerially appointed members.
(4)	Subject to subsection (6), the number of members (other than official members) in each category is to be prescribed by rules made by the Council (in this Division called the constitution rules).
(5)	A rule for the purposes of subsection (4) may be made only by a resolution passed by at least two-thirds of the members of the Council.
(6)	The majority of the total number of members must be external persons.
Note. Depending on the circumstances, the Chancellor may be counted as an external person for the purposes of subsection (6).
(7)	The number of members in any one category of members must not at any time constitute a majority of the total number of members.
(8)	The Council must give the Minister written notice of the terms of any resolution passed under this section within 7 days after it is passed.

8C	Qualifications and experience of members
(1) Of the members of the Council:

(a)	at least 2 must have financial expertise (as demonstrated by relevant qualifications and by experience in financial management at a senior level in the public or private sector), and
(b)	at least one must have commercial expertise (as demonstrated by relevant experience at a senior level in the public or private sector).
(2)	All appointed members must have expertise and experience relevant to the functions exercisable by the Council and an appreciation of the object, values, functions and activities of the University.

8D	Elected staff and student members
(1) The constitution rules are to prescribe the number of persons to comprise the following categories of members:

(a) elected (academic staff) members,

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Amendment of University of Newcastle Act 1989 No 68 Schedule 1

(b)	elected (non-academic staff) members,
(c)	elected (student) members.

Note. There may also be elected (graduate) members if the constitution rules so provide—see section 8E.

(2)

Of the members elected under this section:

(a)	at least one must be a member of the academic staff of the University elected by members of the academic staff, and
(b)	at least one must be a member of the non-academic staff of the University elected by members of the non-academic staff, and
(c)	at least one must be a student of the University who:

(i)      is not employed on a full-time basis (or on such other basis as the by-laws may prescribe) as a member of the academic or non-academic staff of the University, and

(ii)      is elected by the students of the University.

(3)

The members referred to in subsection (2) (a)–(c) are:

(a)	to have such qualifications as may be prescribed by the by-laws, and
(b)	to be elected in the manner prescribed by the by-laws.

8E

Graduate members

(1)	At least one member of the Council, or such greater number of members as may be prescribed by the constitution rules, must be external persons who are graduates of the University.
(2)	The constitution rules may provide for the persons referred to in subsection (1) to become members of the Council in any one or more (or combination) of the following ways:

(a)	by election as elected (graduate) members in the manner prescribed by the by-laws,
(b)	by appointment by the Council under section 8F,
(c)	by appointment by the Minister under section 8G.
(3)	A rule providing for the appointment of a member by the Minister under section 8G may be made only with the approval of the Minister.
(4)	The members referred to in subsection (1) are to have such qualifications (if any) as may be prescribed by the by-laws.

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Schedule 1 Amendment of University of Newcastle Act 1989 No 68

8F

Council appointed members

(1)	The Council may appoint as members of the Council such number of external persons as is prescribed by the constitution rules for the category of Council appointed members.
(2)	The by-laws are to prescribe the procedures for the nomination of persons for appointment under this section.

8G

Ministerially appointed members

(1)	The Minister may appoint as members of the Council 2 external persons, or such greater number of external persons (not exceeding 6) as is prescribed by the constitution rules for the category of Ministerially appointed members.
(2)	The Minister may not appoint a member of the Parliament of New South Wales, the Parliament of the Commonwealth or another State or the Legislative Assembly of a Territory as a Ministerially appointed member.

(3) Without limiting the discretion of the Minister under subsection (1), the Council may suggest to the Minister persons who the Council considers would be appropriate for appointment by the Minister.

8H

Official members

The official members of the Council are the following:

(a)	the Chancellor,
(b)	the Vice-Chancellor,
(c)	the person for the time being holding the office of President of the Academic Senate (if the person is not the Vice-Chancellor) or of Deputy President of the Academic Senate (if the President is the Vice-Chancellor).

9      Term of office

(1)  Subject to this Act, a member of the Council holds office as
follows:

(a)	in the case of an official member, while the member holds the office by virtue of which he or she is a member,
(b)	in the case of a Ministerially appointed member or Council appointed member, for such term (not exceeding 4 years) as may be specified in the member’s instrument of appointment,

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(c)

in the case of an elected member other than an elected (graduate) member, for such term (not exceeding 2 years) as may be prescribed by the by-laws,

(d)

in the case of an elected (graduate) member, for such term (not exceeding 4 years) as may be prescribed by the by-laws.

(2)

The need to maintain an appropriate balance of experienced and
new members on the Council must be taken into account:

(a)	by the Council, when making the by-laws required under this section, and
(b)	by the Minister and the Council, when appointing members to the Council.

(3)

A person must not be appointed or elected to serve more than 12 consecutive years of office (unless the Council otherwise resolves in relation to the person).

Division 2 Other officers and bodies

[2]      Section 29 Rules

Omit “9 (1) (c)–(h) and (8)” from section 29 (1).
Insert instead “8B, 8D, 8E, 8F, 8G, 9 (1) (c) and (d)”.

[3]      Section 29 (1)

Omit “clauses 1 (1) (c) and (d) and”. Insert instead “clause”.

[4]      Schedule 1 Provisions relating to members and procedure of the Council

Omit clause 1.

[5]      Schedule 1, clause 2

Omit “9 (1) (h)” from clause 2 (j). Insert instead “8F”.

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Schedule 1 Amendment of University of Newcastle Act 1989 No 68

[6]      Schedule 3 Savings and transitional provisions

Insert after Part 4:

Part 5 Provisions consequent on adoption of
standard governing body provisions

21 Adoption of standard governing body provisions under the Universities Governing Bodies Act 2011

(1)	Terms used in this clause and also in the Universities Governing Bodies Act 2011 have the same meanings in this clause as they have in that Act.
(2)	In this clause: amended provisions means the provisions of this Act and the by-laws amended as set out in the Universities Governing Bodies (University of Newcastle) Order 2012 and the constitution rules as prescribed in the resolution of the Council referred to in that Order. existing appointed member of the Council means a member of the Council as constituted immediately before the governing body resolution was passed who was appointed by the Minister or the Council. governing body resolution means the governing body resolution passed by the Council on 24 August 2012.
(3)	An existing appointed member of the Council holds office as an appointed member of the Council until 1 January 2013 (subject to the member’s office becoming vacant earlier for a reason other than the expiration of the member’s term of office).
(4)	The provisions of this Act, and the by-laws, as in force immediately before the commencement of the Universities Governing Bodies (University of Newcastle) Order 2012, continue to apply in respect of existing appointed members until 1 January 2013.
(5)	The proportion of the Council and Ministerially appointed members of the Council specified under the constitution rules is, until 1 January 2013, taken to be the number of existing members in those categories at any particular time.
(6)	For the purposes only of enabling the Council to be duly constituted on or after 1 January 2013 elections for each of the categories of elected members may be conducted as if the amended provisions were in force.

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(7)	A person who, immediately before 1 January 2013, held office as an elected (academic staff) member or elected (non-academic staff) member of the Council continues to hold office after that date.
(8)	Subclause (6) has effect despite any requirements of the amended provisions that elections be held at a specified time.

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Universities Governing Bodies (University of Newcastle) Order 2012

Schedule 2	Amendment of University of Newcastle By-law 2005
Schedule 2	Amendment of University of Newcastle By-law 2005

[1]      Clause 2 Definitions

Omit the definition of external persons. Insert instead:

elected (academic staff) member means a member of the Council
referred to in section 8D (1) (a) of the Act.
elected (non-academic staff) member means a member of the
Council referred to in section 8D (1) (b) of the Act.
elected (student) member means a member of the Council
referred to in section 8D (1) (c) of the Act.

[2]      Clause 4 Procedure for suggestions in relation to members appointed under section 8G

Omit “9 (1) (b)” wherever occurring in clause 4 (1). Insert instead “8G”.

[3]      Clause 4 (1)

Omit “propose”. Insert instead “suggest”.

[4]      Clause 4 (3) (a) and (b)

Omit “proposal” wherever occurring. Insert instead “suggestion”.

[5]      Clause 4 (4) and (5) (a) and (b)

Omit “proposals” wherever occurring. Insert instead “suggestions”.

[6]      Clause 4 (5) (b)

Omit “nomination”. Insert instead “suggestion”.

[7]      Clause 4 (6) (b)

Omit “nominated for consideration”. Insert instead “suggested”.

[8]      Clause 4 (6) (b)

Omit “9 (1) (b), (5) and (6)”. Insert instead “8C”.

[9]      Clause 5 Casual vacancy in office of member appointed under section 8G

Omit “9 (1) (b)” from clause 5 (1). Insert instead “8G”.

[10]      Clause 5 (1)

Omit “nominated”. Insert instead “suggested”.

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Amendment of University of Newcastle By-law 2005 Schedule 2

[11]      Clause 6 Procedure for nominations in relation to members appointed under section 8F

Omit “9 (1) (c)” wherever occurring in clause 6 (1) and (2).
Insert instead “8F”.

[12]      Clause 6 (7) (b)

Omit “9 (5) and (6)”. Insert instead “8C”.

[13]      Clause 7 Casual vacancy in office of member appointed under section 8F

Omit “9 (1) (c)” from clause 7 (1). Insert instead “8F”.

[14]      Clause 8 Procedure for nomination in relation to members appointed under section 8F

Omit “9 (1) (h)” from clause 8 (1) and (2) wherever occurring.
Insert instead “8F”.

[15]      Clause 8 (8) (b)

Omit “9 (5) and (6)”. Insert instead “8C”.

[16]      Clause 9 Casual vacancy in office of member appointed under section 8F

Omit “9 (1) (h)” from clause 9 (1). Insert instead “8F”.

[17]      Clause 12 Qualifications of elected members

Omit “9 (1) (d)” from clause 12 (1). Insert instead “8D (1) (a)”.

[18]      Clause 12 (2)

Omit “9 (1) (e)”. Insert instead “8D (1) (b)”.

[19]      Clause 12 (3)

Omit “9 (1) (f) of the Act”.

Insert instead “8D (1) (c) of the Act who is an undergraduate student of the
University”.

[20]      Clause 12 (4)

Omit “9 (1) (g) of the Act”.

Insert instead “8D (1) (c) of the Act who is a postgraduate student of the
University”.

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Universities Governing Bodies (University of Newcastle) Order 2012

Schedule 2 Amendment of University of Newcastle By-law 2005

[21]      Clause 28 Term of office of elected members

Omit clause 28 (1). Insert instead:

(1)

For the purposes of section 9 (1) (c) and (d) of the Act:

(a)	the prescribed term of office for a member of the Council referred to in section 8D (1) (a) of the Act is 2 years, and
(b)	the prescribed term of office for a member of the Council referred to in section 8D (1) (b) of the Act is 2 years, and
(c)	the prescribed term of office for a member of the Council referred to in section 8D (1) (c) of the Act who is an undergraduate student of the University is 2 years.