Universities Legislation Amendment Act 2005 (WA)

Western Australia

Universities Legislation Amendment Act 2005

Western Australia

Universities Legislation Amendment Act 2005

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
Part 2 — *Curtin University of*

Technology Act 1966

3.	The Act amended	3
4.	Section 9 amended	3
5.	Transitional provision	4
6.	Section 9A amended	5
7.	Section 9B inserted	5

9B.

Members’ duties

8.	Section 10 amended	5
9.	Section 10AA inserted	6

10AA.

Removal of members for breach of certain

duties and suspension pending removal

10.

Section 12 replaced

12.

Disclosure of interests

11.

Section 21AA inserted

21AA.

Relief of members from liability

12.	Schedule 1A inserted	9
Schedule 1A — Council members
Division 1 — Duties

Duties

Division 2 — Disclosure of interests

2.	Disclosure of interests	10
3.	Voting by interested members	10

Universities Legislation Amendment Act 2005

Contents

4.	Clause 3 may be declared inapplicable	10
5.	Quorum where clause 3 applies	11
6.	Minister may declare clauses 3 and 5
inapplicable	11

Part 3 — Edith Cowan University

Act 1984

13.	The Act amended	12
14.	Section 5 amended	12
15.	Section 9 amended	12
16.	Transitional provision	14
17.	Section 10 amended	14
18.	Section 10A inserted	15

10A.

Members’ duties

19.	Section 11 amended	15
20.	Section 11A inserted	15

11A.

Removal of members for breach of certain

duties and suspension pending removal

21.

Section 13 replaced

13.

Disclosure of interests

22.

Section 17A inserted

17A.

Relief of members from liability

23.	Schedule 1 inserted	18
Schedule 1 — Council members
Division 1 — Duties

Duties

Division 2 — Disclosure of interests

2.	Disclosure of interests	19
3.	Voting by interested members	19
4.	Clause 3 may be declared inapplicable	20
5.	Quorum where clause 3 applies	20
6.	Minister may declare clauses 3 and 5
inapplicable	20

Part 4 — Murdoch University

Act 1973

24.	The Act amended	21
25.	Section 12 amended	21
26.	Transitional provisions	22
27.	Section 14A inserted	24

14A.

Duties of Senate members

28.

Section 15 amended

Universities Legislation Amendment Act 2005

Contents

29.

Section 15A inserted

15A.

Removal of Senate members for breach of

certain duties and suspension pending

removal

30.

Sections 17A and 17B inserted

17A.	Disclosure of interests	27
17B.	Relief of Senate members from liability	27

31.	Schedule 1 inserted	28
Schedule 1 — Senate members
Division 1 — Duties

Duties

Division 2 — Disclosure of interests

2.	Disclosure of interests	29
3.	Voting by interested members	29
4.	Clause 3 may be declared inapplicable	30
5.	Quorum where clause 3 applies	30
6.	Minister may declare clauses 3 and 5
inapplicable	30

Part 5 — University of Notre Dame Australia Act 1989

32.	The Act amended	31
33.	Section 3 amended	31
34.	Section 5 replaced	32

Objects of University

35.	Part 3 heading replaced	32
Part 3 — Trustees, officers, Board of Governors and

Board of Directors

36.

Section 7 replaced

Trustees of the University

37.

Section 8 replaced

Functions of Trustees

38.	Section 9 repealed	33
39.	Section 10 amended	33
40.	Section 11 amended	34
41.	Section 12 amended	34
42.	Section 14 amended	34
43.	Section 15 replaced by sections 15, 15A, 15B and
15C	35

15.	Function of Board of Governors	35
15A.	Board of Directors	35
15B.	Functions of the Board of Directors	36
15C.	Duties of Directors and removal for breach	36

Universities Legislation Amendment Act 2005

Contents

44.

Section 16 replaced

16.

Delegation

45.	Section 17 amended	38
46.	Section 18 amended	39
47.	Section 19 replaced	39

19.

Rules

48.	Various references to “Board” amended	40
49.	Section 30 replaced	40

30.

Report to the Minister

50.	Transitional provisions	41
Part 6 — *University of Western*

Australia Act 1911

51.	The Act amended	44
52.	Sections 8, 10, 10A and 10B replaced by
sections 8, 9 and 10	44

8.	Senate members	44
9.	Terms of Senate membership	46
10.	Duties of Senate members	47

53.	Transitional provisions	47
54.	Section 11 amended	48
55.	Section 11A inserted	48

11A.

Removal of Senate members for breach of

certain duties and suspension pending

removal

56.	Section 12 amended	50
57.	Section 12A amended	51
58.	Section 16EA inserted	51

16EA.

Relief of Senate members from liability

59.	Section 21 amended	52
60.	Section 23 amended	52
61.	Section 24A inserted	52

24A.

Disclosure of interests

62.	Schedule 1 inserted	53
Schedule 1 — Senate members
Division 1 — Duties

Duties

Division 2 — Disclosure of interests

2.	Disclosure of interests	54
3.	Voting by interested members	54
4.	Clause 3 may be declared inapplicable	55
5.	Quorum where clause 3 applies	55

Universities Legislation Amendment Act 2005

Contents

6. Minister may declare clauses 3 and 5

inapplicable

Western Australia

Universities Legislation Amendment Act 2005

No. 8 of 2005

An Act to amend —

•	the *Curtin University of Technology Act 1966*;
•	the *Edith Cowan University Act 1984*;
•	the *Murdoch University Act 1973*;
•	the *University of Notre Dame Australia Act 1989*;
•	the *University of Western Australia Act 1911*.

[Assented to 7 July 2005]

The Parliament of Western Australia enacts as follows:

Universities Legislation Amendment Act 2005

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1. Short title

This is the Universities Legislation Amendment Act 2005.

2. Commencement

This Act comes into operation on a day fixed by proclamation.

Universities Legislation Amendment Act 2005

Curtin University of Technology Act 1966

Part 2

s. 3

Part 2 — Curtin University of Technology Act 1966

3. The Act amended

The amendments in this Part are to the Curtin University of

Technology Act 1966*.

[* Reprinted as at 28 July 1999.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 115.]

4. Section 9 amended

(1)	Section 9(1)(ga) is deleted and the following paragraph is inserted instead —

“

(ga)	2 persons elected by and from the students in the manner prescribed by Statute;

”.

(2)	Section 9(1)(ia), (j) and (k) and “and” after paragraph (j) are deleted and the following is inserted instead —

“

(j)	up to 3 persons appointed by the Council from persons —

(i) who are members of bodies that represent the interests of the University in places other than the University’s principal campus; and

(ii) who are not staff or students of the University;

and

Universities Legislation Amendment Act 2005

Part 2

Curtin University of Technology Act 1966

s. 5

(k)	one member of the Academic Board of the University established by Statute, elected by and from the Academic Board.

”.

(3)	After section 9(1) the following subsections are inserted —

“

(2)	Of the members —

(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),

and the member mentioned in paragraph (b) may also

be one of the members mentioned in paragraph (a).

(3)	The majority of members of the Council must be persons who are not members of the staff or students of the University.

”.

5. Transitional provision

(1)	In this section —
“commencement day” means the day on which the

Universities Legislation Amendment Act 2005 comes into operation;

“deleted section 9(1)(ia), (j) or (k)” means the Curtin

University of Technology Act 1966 section 9(1)(ia), (j) or (k) as those provisions were in effect immediately before commencement day;

“member” means a member of the Council of the Curtin

University of Technology.

Universities Legislation Amendment Act 2005

Curtin University of Technology Act 1966

Part 2

s. 6

(2)	The persons who, immediately before commencement day, were members under deleted section 9(1)(ia), (j) or (k) cease to be members on commencement day.

6. Section 9A amended

Section 9A(2) is amended by deleting “branch of which he is

chairman of the Board or by the Board of which he is nominated

ceases to exist as a branch.” and inserting instead —

“

member was appointed from the members of a body

which has ceased to exist.

”.

7. Section 9B inserted

After section 9A the following section is inserted —

“

9B.	Members’ duties
Schedule 1A Division 1 has effect.

”.

8. Section 10 amended

After section 10(e) the following paragraphs are inserted —

“

(ea)

is removed from office by the Council under

section 10AA;

(eb)

is, or becomes, disqualified from managing

corporations under Part 2D.6 of the

Corporations Act 2001 of the Commonwealth;

”.

Universities Legislation Amendment Act 2005

Part 2	Curtin University of Technology Act 1966
s. 9

9. Section 10AA inserted

After section 10 the following section is inserted —

“

10AA.

Removal of members for breach of certain duties

and suspension pending removal

(1)	The Council may —

(a)	remove from office a member for breach of a duty mentioned in Schedule 1A clause 1(1), 2(1) or 3;
(b)	suspend from office a member who is alleged to have breached a duty mentioned in Schedule 1A clause 1(1), 2(1) or 3 until the motion for removal is put to the vote.

(2)	The removal or suspension from office may be effected only at a meeting of the Council of which notice (including notice of the motion that the member concerned be removed or suspended from office for breach of duty) was duly given.
(3)	Despite section 13(1), the removal or suspension of a member from office may be effected only if the motion for removal or suspension is supported by a majority comprising enough of the members for the time being for their number to be at least 2/3 of the total number of offices (whether vacant or not) of member.
(4)	The motion for removal or suspension must not be put to the vote of the meeting unless the member concerned has been given a reasonable opportunity to reply to the motion at the meeting, either orally or in writing.
(5)	If the member to whom the motion for removal or suspension refers does not attend the meeting, a reasonable opportunity to reply to the motion is to be

Universities Legislation Amendment Act 2005

Curtin University of Technology Act 1966

Part 2

s. 9

taken to have been given if notice of the meeting has

been duly given.

(6)	The Council cannot remove or suspend from office a member for breach of a duty mentioned in Schedule 1A clause 1(1), 2(1) or 3 except in accordance with this section.
(7)	A person must not vote on any question relating to the person’s removal or suspension from office by the Council for the breach of a duty mentioned in Schedule 1A clause 1(1), 2(1) or 3, or be present while the matter is being considered at a meeting.
(8)	This section applies only in relation to a breach of a duty mentioned in Schedule 1A clause 1(1), 2(1) or 3 that occurs after the Universities Legislation Amendment Act 2005 comes into operation.
(9)	A person does not breach a duty mentioned in Schedule 1A clause 1(1)(a), (b) or (c) by doing or omitting to do anything in compliance with a direction given to the person in exercise of a power conferred by a written law.

(10)

Subsection (9) does not extend to the manner in which

a thing is done or omitted if it is done or omitted in a

manner that is contrary to Schedule 1A clause 1(1)(a),

(b) or (c) and the direction did not require that it be

done in that manner.

(11)

The suspension from office of a member does not

create a vacancy in that office.

”.

Universities Legislation Amendment Act 2005

Part 2	Curtin University of Technology Act 1966
s. 10

10. Section 12 replaced

Section 12 is repealed and the following section is inserted

instead —

“

12. Disclosure of interests

Schedule 1A Division 2 has effect.

”.

11. Section 21AA inserted

After section 21 the following section is inserted in Part 1

Division 2 —

“

21AA.	Relief of members from liability
If, in any civil proceeding against a person who is or was a member for negligence, default, breach of trust or breach of duty in the person’s capacity as a member,
it appears to the court that the person —

(a)	is, or may be, liable in respect of the negligence, default or breach;

(b) has acted honestly; and

(c)	ought fairly to be excused for the negligence, default or breach having regard to all the circumstances of the case, including those connected with the person’s appointment,

the court may relieve the person either wholly or partly

from liability on such terms as the court thinks fit.

”.

Universities Legislation Amendment Act 2005

Curtin University of Technology Act 1966	Part 2
s. 12

12. Schedule 1A inserted

After Schedule 1 the following Schedule is inserted —

“

Schedule 1A — Council members

[s. 9B, 10AA, 12]

Division 1 — Duties

1. Duties

(1)	Each member —

(a)	must at all times act honestly in the performance of the functions of a member, whether within or outside the State;
(b)	must at all times exercise the degree of care and diligence in the performance of the functions of a member, whether within or outside the State, that a reasonable person in that position would reasonably be expected to exercise in the Council’s circumstances;
(c)	must at all times act in the best interests of the University and give precedence to the interests of the University over the interests of any person appointing or electing a member;
(d)	must not, whether within or outside the State, make improper use of information acquired by virtue of the position of member to gain, directly or indirectly, an advantage for any person or to cause detriment to the University;
(e)	must not, whether within or outside the State, make improper use of the position of member to gain, directly or indirectly, an advantage for any person or to cause detriment to the University.

(2)	Nothing in subclause (1) or section 10AA or 12 affects —

(a)	any other duty a member may have under any other law; or

Universities Legislation Amendment Act 2005

Part 2

Curtin University of Technology Act 1966

s. 12

(b)	the operation of any other law in relation to such a duty.

Division 2 — Disclosure of interests

2. Disclosure of interests

(1)

A member who has a material personal interest in a matter being considered or about to be considered by the Council must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature and extent of the interest at a meeting of the Council.

(2)

A disclosure under subclause (1) is to be recorded in the

minutes of the meeting.

3. Voting by interested members

A member who has a material personal interest in a matter

that is being considered by the Council —

(a)	must not vote whether at a meeting or otherwise —

(i) on the matter; or

(ii) on a proposed resolution under clause 4 in respect of the matter, whether relating to that member or a different member;

and

(b)	must not be present while —

(i) the matter; or

(ii) a proposed resolution of the kind referred to in paragraph (a)(ii),

is being considered at a meeting.

4. Clause 3 may be declared inapplicable

Clause 3 does not apply if the Council has at any time

passed a resolution that —

(a)	specifies the member, the interest and the matter; and

Universities Legislation Amendment Act 2005

Curtin University of Technology Act 1966	Part 2
s. 12

(b)	states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter.

5. Quorum where clause 3 applies

Despite section 13(1), if a member is disqualified under

clause 3 in relation to a matter, a quorum is present during

the consideration of the matter if at least 9 members are

present who are entitled to vote on any motion that may be

moved at the meeting in relation to the matter.

6. Minister may declare clauses 3 and 5 inapplicable

(1)

The Minister may, on the application of a member, by

writing declare that clause 3 or 5 or both of them do not

apply in relation to a specified matter either generally or in

voting on particular resolutions.

(2)

The Minister must cause a copy of a declaration made under

subclause (1) to be laid before each House of Parliament

within 14 sitting days of that House after the declaration is

made.

”.

Universities Legislation Amendment Act 2005

Part 3	Edith Cowan University Act 1984
s. 13

Part 3 — Edith Cowan University Act 1984

13. The Act amended

The amendments in this Part are to the Edith Cowan University

Act 1984*.

[* Reprint 3 as at 20 August 2004.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 132.]

14. Section 5 amended

Section 5(2)(e) is amended as follows:

(a)	by inserting after “personal property” — “

acquired or held by the University as it thinks

fit subject only, in respect of property

”;

(b)	by deleting “University as it thinks fit subject only” and inserting instead —

“ University, ”.

15. Section 9 amended

(1)	Section 9(1)(g) and (h) are deleted.
(2)	Section 9(1)(i) is amended by deleting “3” and inserting instead —
“ 5 ”.
(3)	Section 9(3) is repealed and the following subsections are inserted instead —

“

(3)	The following persons are not eligible to be a member under subsection (1)(a), (aa) or (i) —

Universities Legislation Amendment Act 2005

Edith Cowan University Act 1984	Part 3
s. 15

(a)	a person who is a member of the staff or otherwise engaged by the University;

(b) an enrolled student.

(4)	The following persons are not eligible to be a member under subsection (1)(e) —

(a)	a full-time member of the staff of the University;
(b)	a part-time or casual employee of the University who works for at least 50% of the minimum time required to be worked by a full-time member of staff.

(5)	The following persons are not eligible to be a member under subsection (1)(f) —

(a)	a full-time member of the staff of the University;
(b)	a part-time or casual employee of the University who works for at least 50% of the minimum time required to be worked by a full-time member of staff;
(c)	an enrolled student who is enrolled on a full-time basis.

(6)	Of the members —

(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),

and the member mentioned in paragraph (b) may also

be one of the members mentioned in paragraph (a).

”.

Universities Legislation Amendment Act 2005

Part 3	Edith Cowan University Act 1984
s. 16

16. Transitional provision

(1)	In this section —
“commencement day” means the day on which the

Universities Legislation Amendment Act 2005 comes into operation;

“deleted section 9(1)(g) or (h)” means the Edith Cowan

University Act 1984 section 9(1)(g) or (h) as those provisions were in effect immediately before commencement day;

“member” means a member of the Council of the Edith Cowan

University.

(2)	The persons who, immediately before commencement day, were members under deleted section 9(1)(g) or (h) cease to be members on commencement day.

17. Section 10 amended

(1)

Section 10(2) is amended by deleting “subsections (3) and (4)”

and inserting instead —

“ subsections (3), (4) and (4a), ”.

(2)

After subsection 10(4) the following subsection is inserted —

“

(4a)	A member who is removed from office by the Council under section 11A is not eligible to be a member again until 5 years have elapsed since the removal.

”.

Universities Legislation Amendment Act 2005

Edith Cowan University Act 1984	Part 3
s. 18

18. Section 10A inserted

After section 10 the following section is inserted —

“

10A.	Members’ duties
Schedule 1 Division 1 has effect.

”.

19. Section 11 amended

After section 11(e) the following paragraphs are inserted —

“

(ea)

he is removed from office by the Council under

section 11A;

(eb)

he is, or becomes, disqualified from managing

corporations under Part 2D.6 of the

Corporations Act 2001 of the Commonwealth;

”.

20. Section 11A inserted

After section 11 the following section is inserted —

“

11A.

Removal of members for breach of certain duties

and suspension pending removal

(1)	The Council may —

(a)	remove from office a member for breach of a duty mentioned in Schedule 1 clause 1(1), 2(1) or 3;
(b)	suspend from office a member who is alleged to have breached a duty mentioned in Schedule 1 clause 1(1), 2(1) or 3 until the motion for removal is put to the vote.

Universities Legislation Amendment Act 2005

Part 3	Edith Cowan University Act 1984
s. 20

(2)	The removal or suspension from office may be effected only at a meeting of the Council of which notice (including notice of the motion that the member concerned be removed or suspended from office for breach of duty) was duly given.
(3)	Despite section 14(1), the removal or suspension of a member from office may be effected only if the motion for removal or suspension is supported by a majority comprising enough of the members for the time being for their number to be at least 2/3 of the total number of offices (whether vacant or not) of member.
(4)	The motion for removal or suspension must not be put to the vote of the meeting unless the member concerned has been given a reasonable opportunity to reply to the motion at the meeting, either orally or in writing.
(5)	If the member to whom the motion for removal or suspension refers does not attend the meeting, a reasonable opportunity to reply to the motion is to be taken to have been given if notice of the meeting has been duly given.
(6)	The Council cannot remove or suspend from office a member for breach of a duty mentioned in Schedule 1 clause 1(1), 2(1) or 3 except in accordance with this section.
(7)	A person must not vote on any question relating to the person’s removal or suspension from office by the Council for the breach of a duty mentioned in Schedule 1 clause 1(1), 2(1) or 3, or be present while the matter is being considered at a meeting.
(8)	This section applies only in relation to a breach of a duty mentioned in Schedule 1 clause 1(1), 2(1) or 3

Universities Legislation Amendment Act 2005

Edith Cowan University Act 1984	Part 3
s. 21

that occurs after the Universities Legislation Amendment Act 2005 comes into operation.

(9)	A person does not breach a duty mentioned in Schedule 1 clause 1(1)(a), (b) or (c) by doing or omitting to do anything in compliance with a direction given to the person in exercise of a power conferred by a written law.

(10)

Subsection (9) does not extend to the manner in which

a thing is done or omitted if it is done or omitted in a

manner that is contrary to Schedule 1 clause 1(1)(a),

(b) or (c) and the direction did not require that it be

done in that manner.

(11)

The suspension from office of a member does not

create a vacancy in that office.

”.

21. Section 13 replaced

Section 13 is repealed and the following section is inserted

instead —

“

13. Disclosure of interests

Schedule 1 Division 2 has effect.

”.

22. Section 17A inserted

After section 17 the following section is inserted —

“

17A.	Relief of members from liability
If, in any civil proceeding against a person who is or was a member for negligence, default, breach of trust or breach of duty in the person’s capacity as a member,
it appears to the court that the person —

Universities Legislation Amendment Act 2005

Part 3

Edith Cowan University Act 1984

s. 23

(a)	is, or may be, liable in respect of the negligence, default or breach;

(b) has acted honestly; and

(c)	ought fairly to be excused for the negligence, default or breach having regard to all the circumstances of the case, including those connected with the person’s appointment,

the court may relieve the person either wholly or partly

from liability on such terms as the court thinks fit.

”.

23. Schedule 1 inserted

After section 53 the following Schedule is inserted —

“

Schedule 1 — Council members

[s. 10A, 11A, 13]

Division 1 — Duties

1. Duties

(1)	Each member —

(a)	must at all times act honestly in the performance of the functions of a member, whether within or outside the State;
(b)	must at all times exercise the degree of care and diligence in the performance of the functions of a member, whether within or outside the State, that a reasonable person in that position would reasonably be expected to exercise in the Council’s circumstances;
(c)	must at all times act in the best interests of the University and give precedence to the interests of the University over the interests of any person appointing or electing a member;

Universities Legislation Amendment Act 2005

Edith Cowan University Act 1984	Part 3
s. 23

(d)	must not, whether within or outside the State, make improper use of information acquired by virtue of the position of member to gain, directly or indirectly, an advantage for any person or to cause detriment to the University;
(e)	must not, whether within or outside the State, make improper use of the position of member to gain, directly or indirectly, an advantage for any person or to cause detriment to the University.

(2)	Nothing in subclause (1) or section 11A or 13 affects —

(a)	any other duty a member may have under any other law; or
(b)	the operation of any other law in relation to such a duty.

Division 2 — Disclosure of interests

2. Disclosure of interests

(1)

(2)

A disclosure under subclause (1) is to be recorded in the

minutes of the meeting.

3. Voting by interested members

A member who has a material personal interest in a matter

that is being considered by the Council —

(a)	must not vote whether at a meeting or otherwise —

(i) on the matter; or

(ii) on a proposed resolution under clause 4 in respect of the matter, whether relating to that member or a different member;

and

Universities Legislation Amendment Act 2005

Part 3

Edith Cowan University Act 1984

s. 23

(b)	must not be present while —

(i) the matter; or

(ii) a proposed resolution of the kind referred to in paragraph (a)(ii),

is being considered at a meeting.

4. Clause 3 may be declared inapplicable

Clause 3 does not apply if the Council has at any time

passed a resolution that —

(a)	specifies the member, the interest and the matter; and
(b)	states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter.

5. Quorum where clause 3 applies

Despite section 14(1), if a member is disqualified under

clause 3 in relation to a matter, a quorum is present during

the consideration of the matter if at least 8 members are

present who are entitled to vote on any motion that may be

moved at the meeting in relation to the matter.

6. Minister may declare clauses 3 and 5 inapplicable

(1)

The Minister may, on the application of a member, by

writing declare that clause 3 or 5 or both of them do not

apply in relation to a specified matter either generally or in

voting on particular resolutions.

(2)

The Minister must cause a copy of a declaration made under

subclause (1) to be laid before each House of Parliament

within 14 sitting days of that House after the declaration is

made.

”.

Universities Legislation Amendment Act 2005

Murdoch University Act 1973	Part 4
s. 24

Part 4 — Murdoch University Act 1973

24. The Act amended

The amendments in this Part are to the Murdoch University

Act 1973*.

[* Reprinted as at 26 February 1999.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 303.]

25. Section 12 amended

Section 12(1) and (2) are repealed and the following subsections

are inserted instead —

“

(1)	The membership of Senate shall consist of —

(a)	the persons holding or acting in the office of Chancellor and of Vice-Chancellor respectively;
(b)	3 persons elected by and from the members of the full-time academic staff of the University in the manner prescribed by Statute;
(c)	one person elected by and from the full-time officers and servants of the University who are not members of the full-time academic staff of the University in the manner prescribed by Statute;
(d)	2 persons elected by and from the students in the manner prescribed by Statute;
(e)	2 persons elected by Convocation from the members of Convocation in the manner prescribed by Statute;
(f)	6 members appointed by the Governor;

Universities Legislation Amendment Act 2005

Part 4

Murdoch University Act 1973

s. 26

(g)	up to 3 persons as are co-opted to serve as members of the Senate by an absolute majority of the other members.

(2)	The following persons are not eligible to be a member of the Senate under subsection (1)(e), (f) or (g) —

(a)	a full-time member of the staff of the University;
(b)	a part-time or casual employee of the University who works for at least 50% of the minimum time required to be worked by a full-time member of staff;

(2a)	Of the members of the Senate —

(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),

and the member mentioned in paragraph (b) may also

be one of the members mentioned in paragraph (a).

”.

26. Transitional provisions

(1)	In this section —
“commencement day” means the day on which the

Universities Legislation Amendment Act 2005 comes into operation;

“new section 12(1)” means the Murdoch University Act 1973

section 12(1) as that provision is in effect on

commencement day;

Universities Legislation Amendment Act 2005

Murdoch University Act 1973	Part 4
s. 26

“repealed section 12(1)” means the Murdoch University Act 1973 section 12(1) as that provision was in effect immediately before commencement day;

“Senate” means the Murdoch University Senate.

(2)	The persons who, immediately before commencement day, were members of the Senate under repealed section 12(1)(a) continue in office as members of the Senate under new section 12(1)(a)
on and from commencement day.
(3)	The persons who, immediately before commencement day, were members of the Senate under repealed section 12(1)(b) or (c) cease to be members of the Senate on commencement day.
(4)	The persons who, immediately before commencement day, were members of the Senate under repealed section 12(1)(d) continue in office as members of the Senate under new section 12(1)(b)
on and from commencement day.
(5)	The person who, immediately before commencement day, was a member of the Senate under repealed section 12(1)(da) continues in office as a member of the Senate under new section 12(1)(c) on and from commencement day.
(6)	The persons who, immediately before commencement day, were members of the Senate under repealed section 12(1)(e) continue in office as members of the Senate under new section 12(1)(d)
on and from commencement day.
(7)	The persons who, immediately before commencement day, were members of the Senate under repealed section 12(1)(f) continue in office as members of the Senate under new section 12(1)(e)
on and from commencement day even though one of those persons is a student on commencement day.
(8)	The persons who, immediately before commencement day, were members of the Senate under repealed section 12(1)(g) or (i) continue in office as members of the Senate under new section 12(1)(f) on and from commencement day.

Universities Legislation Amendment Act 2005

Part 4	Murdoch University Act 1973
s. 27

(9)

The persons who, immediately before commencement day, were

members of the Senate under repealed section 12(1)(j) continue

in office as members of the Senate under new section 12(1)(g)

on and from commencement day.

(10)

A person who, under this section, continues in office as a

member of the Senate on and from commencement day,

continues in office for the balance of the term of office that

applied to the person immediately before commencement day.

27. Section 14A inserted

After section 14 the following section is inserted —

“

14A.	Duties of Senate members
Schedule 1 Division 1 has effect.

”.

28. Section 15 amended

(1)	Section 15(3) is amended as follows:

(a)	by deleting “or” after paragraph (c);
(b)	after paragraph (c) by inserting the following —

“

(ca)	is, or becomes, disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or

”.

(2)	After subsection 15(3) the following subsection is inserted —

“

(3a)	A member of the Senate who is removed from office by the Senate under section 15A is not eligible to be a member again until —

Universities Legislation Amendment Act 2005

Murdoch University Act 1973	Part 4
s. 29

(a)	in the case of a member elected by the students, one year has elapsed since the removal; or
(b)	in the case of any other member, 3 years have elapsed since the removal.

”.

29. Section 15A inserted

After section 15 the following section is inserted —

“

15A.

Removal of Senate members for breach of certain

duties and suspension pending removal

(1)	The Senate may —

(a)	remove from office a member of the Senate for breach of a duty mentioned in Schedule 1 clause 1(1), 2(1) or 3;
(b)	suspend from office a member of the Senate who is alleged to have breached a duty mentioned in Schedule 1 clause 1(1), 2(1) or 3 until the motion for removal is put to the vote.

(2)	The removal or suspension from office may be effected only at a meeting of the Senate of which notice (including notice of the motion that the member concerned be removed or suspended from office for breach of duty) was duly given.
(3)	Despite section 12(6), the removal or suspension from office may be effected only if the motion for removal or suspension is supported by a majority comprising
enough of the members for the time being of the Senate for their number to be at least 2/3 of the total number of offices (whether vacant or not) of member of the Senate.
(4)	The motion for removal or suspension must not be put to the vote of the meeting unless the member

Universities Legislation Amendment Act 2005

Part 4

Murdoch University Act 1973

s. 29

concerned has been given a reasonable opportunity to

reply to the motion at the meeting, either orally or in

writing.

(5)	If the member to whom the motion for removal or suspension refers does not attend the meeting, a reasonable opportunity to reply to the motion is to be taken to have been given if notice of the meeting has been duly given.
(6)	The Senate cannot remove or suspend from office a member of the Senate for breach of a duty mentioned in Schedule 1 clause 1(1), 2(1) or 3 except in accordance with this section.
(7)	A person must not vote on any question relating to the person’s removal or suspension from office by the Senate for the breach of a duty mentioned in Schedule 1 clause 1(1), 2(1) or 3, or be present while the matter is being considered at a meeting.
(8)	This section applies only in relation to a breach of a duty mentioned in Schedule 1 clause 1(1), 2(1) or 3 that occurs after the Universities Legislation
Amendment Act 2005 comes into operation.
(9)	A person does not breach a duty mentioned in Schedule 1 clause 1(1)(a), (b) or (c) by doing or omitting to do anything in compliance with a direction given to the person in exercise of a power conferred by a written law.

Universities Legislation Amendment Act 2005

Murdoch University Act 1973	Part 4
s. 30

(10)

Subsection (9) does not extend to the manner in which

a thing is done or omitted if it is done or omitted in a

manner that is contrary to Schedule 1 clause 1(1)(a),

(b) or (c) and the direction did not require that it be

done in that manner.

(11)

The suspension from office of a member of the Senate

does not create a vacancy in that office.

”.

30. Sections 17A and 17B inserted

After section 17 the following sections are inserted —

“

17A.	Disclosure of interests
Schedule 1 Division 2 has effect.
17B.	Relief of Senate members from liability
If, in any civil proceeding against a person who is or was a member of the Senate for negligence, default, breach of trust or breach of duty in the person’s
capacity as a member of the Senate, it appears to the court that the person —

(a)	is, or may be, liable in respect of the negligence, default or breach;

(b) has acted honestly; and

(c)	ought fairly to be excused for the negligence, default or breach having regard to all the circumstances of the case, including those connected with the person’s appointment,

the court may relieve the person either wholly or partly

from liability on such terms as the court thinks fit.

”.

Universities Legislation Amendment Act 2005

Part 4	Murdoch University Act 1973
s. 31

31. Schedule 1 inserted

After section 34 the following Schedule is inserted —

“

Schedule 1 — Senate members

[s. 14A, 15A, 17A]

Division 1 — Duties

1. Duties

(1)	Each member of the Senate —

(a)

must at all times act honestly in the performance of the functions of a member of the Senate, whether within or outside the State;

(b)

diligence in the performance of the functions of a

member of the Senate, whether within or outside the

must at all times exercise the degree of care and would reasonably be expected to exercise in the Senate’s circumstances;

(c)	must at all times act in the best interests of the University and give precedence to the interests of the University over the interests of any person appointing or electing a member of the Senate;
(d)	must not, whether within or outside the State, make improper use of information acquired by virtue of the position of member of the Senate to gain, directly or indirectly, an advantage for any person or to cause detriment to the University;
(e)	must not, whether within or outside the State, make improper use of the position of member of the Senate to gain, directly or indirectly, an advantage for any person or to cause detriment to the University.

Universities Legislation Amendment Act 2005

Murdoch University Act 1973	Part 4
s. 31

(2)	Nothing in subclause (1) or section 15A or 17A affects —

(a)	any other duty a member of the Senate may have under any other law; or
(b)	the operation of any other law in relation to such a duty.

Division 2 — Disclosure of interests

2. Disclosure of interests

(1)

A member of the Senate who has a material personal interest

in a matter being considered or about to be considered by

the Senate must, as soon as possible after the relevant facts

have come to the member’s knowledge, disclose the nature

and extent of the interest at a meeting of the Senate.

(2)

A disclosure under subclause (1) is to be recorded in the

minutes of the meeting.

3. Voting by interested members

A member of the Senate who has a material personal interest

in a matter that is being considered by the Senate —

(a)	must not vote whether at a meeting or otherwise —

(i) on the matter; or

(ii) on a proposed resolution under clause 4 in respect of the matter, whether relating to that member or a different member;

and

(b)	must not be present while —

(i) the matter; or

(ii) a proposed resolution of the kind referred to in paragraph (a)(ii),

is being considered at a meeting.

Universities Legislation Amendment Act 2005

Part 4	Murdoch University Act 1973
s. 31

4. Clause 3 may be declared inapplicable

Clause 3 does not apply if the Senate has at any time passed

a resolution that —

(a)	specifies the member, the interest and the matter; and
(b)	states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter.

5. Quorum where clause 3 applies

Despite section 12(6), if a member is disqualified under

clause 3 in relation to a matter, a quorum is present during

the consideration of the matter if at least 7 members of the

Senate are present who are entitled to vote on any motion

that may be moved at the meeting in relation to the matter.

6. Minister may declare clauses 3 and 5 inapplicable

(1)

The Minister may, on the application of a member of the

Senate, by writing declare that clause 3 or 5 or both of them

do not apply in relation to a specified matter either generally

or in voting on particular resolutions.

(2)

The Minister must cause a copy of a declaration made under

subclause (1) to be laid before each House of Parliament

within 14 sitting days of that House after the declaration is

made.

”.

Universities Legislation Amendment Act 2005

University of Notre Dame Australia Act 1989	Part 5
s. 32

Part 5 — University of Notre Dame Australia Act 1989

32. The Act amended

The amendments in this Part are to the University of Notre

Dame Australia Act 1989*.

[* Reprinted as at 1 June 2001.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 471.]

33. Section 3 amended

(1)

Section 3 is amended by deleting the definitions of

“Archbishop” and “Board”.

(2)

Section 3 is amended by inserting in the appropriate

alphabetical positions —

“

“Board of Directors” means the Board of Directors of

the University established under section 15A;

“Board of Governors” means the Board of Governors

of the University established under section 14;

“general Trustees” means the Trustees mentioned in

section 7(1)(d);

“nominee Trustees” means the Trustees mentioned in

section 7(1)(a) and (b);

”.

(3)

Section 3 is amended in the definition of “Trustees” by deleting

“sections 7 and 8;” and inserting instead —

“ section 7; ”.

Universities Legislation Amendment Act 2005

Part 5	University of Notre Dame Australia Act 1989
s. 34

34. Section 5 replaced

Section 5 is repealed and the following section is inserted

instead —

“

5. Objects of University

The objects of the University are —

(a)	the provision of university education, within a context of Catholic faith and values; and
(b)	the provision of an excellent standard of —

(i) teaching, scholarship and research;

(ii) training for the professions; and

(iii) pastoral care for its students.

”.

35. Part 3 heading replaced

The heading to Part 3 is deleted and the following heading is

inserted instead —

“

Part 3 — Trustees, officers, Board of Governors

and Board of Directors

”.

36. Section 7 replaced

Section 7 is repealed and the following section is inserted

instead —

“

7. Trustees of the University

There are to be Trustees of the University consisting

of —

Universities Legislation Amendment Act 2005

University of Notre Dame Australia Act 1989	Part 5
s. 37

(a)	2 persons appointed by the Roman Catholic Archbishop of the Archdiocese of Perth with the approval of the Trustees for the time being;
(b)	2 persons appointed by the Roman Catholic Archbishop of the Archdiocese of Sydney with the approval of the Trustees for the time being;

(d)	7 other persons appointed by the Trustees for the time being.

”.

37. Section 8 replaced

Section 8 is repealed and the following section is inserted

instead —

“

8. Functions of Trustees

The Trustees are the custodians of the University and

are responsible for ensuring that there is compliance

with section 5.

”.

38. Section 9 repealed

Section 9 is repealed.

39. Section 10 amended

Section 10(2) is repealed and the following subsections are

inserted instead —

“

(2)	A Trustee who has held office for an initial term is eligible to hold office for a subsequent term or terms as long as the total period of office does not exceed 12 years.

Universities Legislation Amendment Act 2005

Part 5	University of Notre Dame Australia Act 1989
s. 40

(3)

If a Trustee is, or has been, the Chancellor or Deputy Chancellor of the University, the period during which the office of Chancellor or Deputy Chancellor is held is

not to be taken into account when reckoning the period

for the purposes of subsection (2).

”.

40. Section 11 amended

(1)	Section 11(2) is amended by inserting after “period” —
“ , which must not exceed 8 years, that is ”.
(2)	Section 11(3) is amended by inserting after “Board” —
“ of Governors or the Board of Directors ”.

41. Section 12 amended

(1)	Section 12(2) is amended by inserting after “period” —
“ , which must not exceed 8 years, that is ”.
(2)	Section 12(3) is amended by deleting “Board,” and inserting instead —
“ Board of Governors or the Board of Directors ”.

42. Section 14 amended

(1)	Section 14(b), (c) and (d) are deleted and the following paragraph is inserted instead —

“

(b)	at least 18 other persons who are appointed from time to time by the Trustees.

”.

(2)	Section 14 is amended as follows:

(a)	by inserting before “There” the subsection designation “(1)”;

Universities Legislation Amendment Act 2005

University of Notre Dame Australia Act 1989	Part 5
s. 43

(b)	at the end of the section by inserting the following subsections —

“

(2)

A member of the Board of Governors who has held

office for an initial term is eligible to hold office for a

subsequent term or terms as long as the total period of

office does not exceed 12 years or, in the case of a

particular member, such longer period set by the

Trustees.

(3)

If a member of the Board of Governors is, or has been, the Chancellor or Deputy Chancellor of the University, the period during which the office of Chancellor or

Deputy Chancellor is held is not to be taken into account when reckoning the period for the purposes of subsection (2).

”.

43. Section 15 replaced by sections 15, 15A, 15B and 15C

Section 15 is repealed and the following sections are inserted

instead —

“

15. Function of Board of Governors

The function of the Board of Governors is to provide

advice and support to the Board of Directors.

15A.

Board of Directors

There is to be a Board of Directors consisting of the

following —

(a) the Chancellor ex officio;

(b) the Vice-Chancellor ex officio;

(c)	up to 12 other members who are —

(i) members of the Board of Governors; and

Universities Legislation Amendment Act 2005

Part 5	University of Notre Dame Australia Act 1989
s. 43

(ii)	members of the Board of Directors on the nomination of a committee

appointed by the Trustees to be Chancellor and the Vice-Chancellor.

15B.

Functions of the Board of Directors

(1)

Subject to this Act, the Board of Directors is the

governing body of the University.

(2)

Except where this Act provides otherwise, the Board of Directors is to exercise all the powers of the University and is to have the entire control and management of the affairs and concerns of the University.

15C.

Duties of Directors and removal for breach

(1)	Each member of the Board of Directors —

(a)	must at all times act honestly in the performance of the functions of a member of the Board, whether within or outside the State;
(b)	must at all times exercise the degree of care and diligence in the performance of the functions of a member of the Board, whether within or
outside the State, that a reasonable person in that position would reasonably be expected to exercise in the Board’s circumstances;
(c)	must at all times act in the best interests of the University and give precedence to the interests of the University over the interests of any
person appointing or nominating a member of the Board;
(d)	must not, whether within or outside the State, make improper use of information acquired by virtue of the position of member of the Board to gain, directly or indirectly, an advantage for

Universities Legislation Amendment Act 2005

University of Notre Dame Australia Act 1989	Part 5
s. 43

any person or to cause detriment to the

University;

(e)	must not, whether within or outside the State, make improper use of the position of member of the Board to gain, directly or indirectly, an advantage for any person or to cause detriment

to the University;

(f)	must disclose interests in accordance with rules made by the Trustees under section 19.

(2)	The Board of Directors may, subject to subsection (3) and in accordance with rules made by the Trustees under section 19, remove from office a member of the Board mentioned in section 15A(c) for breach of a duty mentioned in subsection (1).
(3)	The removal from office may be effected only if the motion for removal is supported by a majority comprising enough of the members for the time being of the Board of Directors for their number to be at least 2/3 of the total number of offices (whether vacant or not) of member of the Board.
(4)	This section applies only in relation to a breach of a duty mentioned in this section that occurs after the Universities Legislation Amendment Act 2005 comes into operation.
(5)	Nothing in this section affects —

(a)	any other duty a member of the Board of Directors may have under any other law; or
(b)	the operation of any other law in relation to such a duty.

”.

Universities Legislation Amendment Act 2005

Part 5	University of Notre Dame Australia Act 1989
s. 44

44. Section 16 replaced

Section 16 is repealed and the following section is inserted

instead —

“

16. Delegation

(1)	The Board of Directors may delegate to any committee or officer of the University any power or duty of the Board of Directors under another provision of this Act.
(2)	The delegation must be in writing and executed by the Board of Directors.
(3)	The delegation may expressly authorise the delegate to further delegate the power or duty.
(4)	A person exercising or performing a power or duty that has been delegated to the person under or as authorised under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
(5)	Nothing in this section limits the ability of the Board of Directors to perform a function through an officer or agent.

”.

45. Section 17 amended

Section 17(3) is amended by deleting “Trustees, upon the

recommendation of the Board” and inserting instead —

“ Board of Directors, on the nomination of the Trustees, ”.

Universities Legislation Amendment Act 2005

University of Notre Dame Australia Act 1989	Part 5
s. 46

46. Section 18 amended

Section 18(2) is amended by deleting “the academic principal of

the University.” and inserting instead —

“

responsible for academic leadership within the

University.

”.

47. Section 19 replaced

Section 19 is repealed and the following section is inserted

instead —

“

19. Rules

The Trustees may, subject to this Act, make rules —

(a)	providing for the manner, and terms and conditions of appointment and the removal or retirement of the general Trustees and the nominee Trustees;
(b)	fixing the maximum number of members of the Board of Governors;
(c)	providing for the manner, terms and conditions of appointment and the removal or retirement of members of the Board of Governors mentioned in section 14(b);
(d)	providing for the manner, terms and conditions of appointment and the removal or retirement of members of the Board of Directors mentioned in section 15A(c);
(e)	providing for the manner in which members of the Board of Directors are to disclose interests;

Universities Legislation Amendment Act 2005

Part 5

University of Notre Dame Australia Act 1989

s. 48

(f)	providing for the procedure in relation to the removal of a member of the Board of Directors under section 15C(2);
(g)	regulating the procedure for meetings of the Trustees, including the quorum for meetings;
(h)	regulating the sale by the Board of Directors of any of the assets of the University;
(i)	providing for the monitoring or assessment of matters for the purpose of ensuring compliance with section 5; and
(j)	providing for the monitoring and assessment of the performance of the functions of the Board of Directors or any officer of the University.

”.

48. Various references to “Board” amended

The provisions mentioned in the Table to this section are

amended in each case by inserting after “Board” —

“ of Directors ”.

Table

s. 20(1), (2) and (3)	s. 24(1), (2)
s. 21(2)	s. 28(2)
s. 22	s. 29(1), (3)
s. 23(1), (2), (3), (4), (5)

49. Section 30 replaced

Section 30 is repealed and the following section is inserted

instead —

Universities Legislation Amendment Act 2005

University of Notre Dame Australia Act 1989	Part 5
s. 50

“

30. Report to the Minister

Within 5 months after the end of each University year

the Board of Directors is to transmit to the Minister the

auditor’s report on all expenditures from public funds

by the University for that year.

”.

50. Transitional provisions

(1)	In this section —
“commencement day” means the day on which the

Universities Legislation Amendment Act 2005 comes into operation;

“existing Trustee” means a person who was a Trustee of the

University immediately before commencement day;

“new section 7” means the UNDA Act section 7 as that

provision is in effect on commencement day;

“UNDA Act” means the University of Notre Dame Australia

Act 1989;

“University” has the meaning given to that term in the UNDA

Act section 3.

(2)	Each existing Trustee continues in office as a Trustee of the University under new section 7 on and from commencement day for the balance of the term of office that applied to the
Trustee immediately before commencement day.
(3)	As soon as practicable after commencement day —

(a)	the Roman Catholic Archbishop of the Archdiocese of Perth is to nominate, with the approval of the existing Trustees, 2 of the existing Trustees to be his

representatives; and

(b)	the Roman Catholic Archbishop of the Archdiocese of Sydney is to nominate, with the approval of the existing

Universities Legislation Amendment Act 2005

Part 5	University of Notre Dame Australia Act 1989
s. 50
Trustees, 2 of the existing Trustees to be his representatives.

(4)	An existing Trustee who —

(a)	is nominated under subsection (3)(a) or (b) is to be taken to be a nominee Trustee for the purposes of the UNDA Act; or
(b)	is not so nominated is to be taken to be a general Trustee for the purposes of the UNDA Act,

but if the Vice-Chancellor is an existing Trustee, the

Vice-Chancellor is not to be taken to be a nominee Trustee or a

general Trustee for the purposes of the UNDA Act.

(5)	A delegation of a function of the Board of Governors of the University that is in effect immediately before commencement day is, on and from that day, to be taken to be a delegation by the Board of Directors of a function of the Board of Directors.
(6)	The person who was the Vice-Chancellor of the University immediately before commencement day continues, on and from that day, as the Vice-Chancellor of the University for the balance of the term that applied to the person immediately before that day.
(7)	A statute, by-law or regulation made under the UNDA Act section 20 that is in effect immediately before commencement day is, on and from that day, to be taken to have been made by the Board of Directors.
(8)	On and after commencement day agreements, instruments and other documents that had effect immediately before that day —

(a)	to which the Board of Governors of the University was a party; or
(b)	which contain a reference to the Board of Governors of the University,

have effect, by force of this section, as if —

Universities Legislation Amendment Act 2005

University of Notre Dame Australia Act 1989	Part 5
s. 50

(c)	the Board of Directors were substituted for the Board of Governors as a party to the agreement or instrument; and
(d)	any reference to the Board of Governors were, unless the context otherwise requires, a reference to the Board of Directors.

(9)

An investment common fund established under the UNDA Act

section 23 that was in effect immediately before commencement

day is, on and after that day, to be treated as if it were

established by the Board of Directors.

(10)

If, immediately before commencement day, any duty imposed

by the UNDA Act section 30 on the Board of Governors has not

been complied with in relation to the Board of Governors for

any University year that expired before commencement day,

that duty subsists and is to be performed by the Board of

Directors.

Universities Legislation Amendment Act 2005

Part 6	University of Western Australia Act 1911
s. 51

Part 6 — University of Western Australia Act 1911

51. The Act amended

The amendments in this Part are to the University of Western

Australia Act 1911*.

[* Reprinted as at 11 February 2000.

For subsequent amendments see Western Australian

Legislation Information Tables for 2004, Table 1, p. 473.]

52. Sections 8, 10, 10A and 10B replaced by sections 8, 9 and 10

Sections 8, 10, 10A and 10B are repealed and the following

sections are inserted instead —

“

8. Senate members

(1)	The Senate shall consist of 21 members as follows —

(a)	4 persons appointed by the Governor;
(b)	4 persons, who are not persons referred to in paragraph (c), elected by Convocation at the time and place and in the manner prescribed by

Statute;

(c)	3 persons elected —

(i) by and from persons who hold an ongoing or fixed term appointment at the University as an academic staff member; and

(ii) at the time and place and in the manner prescribed by regulations;

(d) the Chancellor ex officio;

(e)	one member of the Academic Board of the University, as established under Statute, elected by and from the Academic Board;

Universities Legislation Amendment Act 2005

University of Western Australia Act 1911	Part 6
s. 52

(f)	the Vice-Chancellor of the University ex officio;
(g)	2 persons who are enrolled as students of the University, elected by students so enrolled at the time and place and in the manner prescribed

by regulations;

(h)	one member of the Postgraduate Students’ Association, elected by the members of the Association;

(i) 3 persons selected and co-opted as members of the Senate by the other members of the Senate;

(j)	one person, elected by and from persons who hold an ongoing or fixed term appointment at the University other than as an academic staff member, elected at the time and place and in

the manner prescribed by regulations.

(2)

A person who is a principal of any secondary school, or

similar educational institution, or is a teacher engaged

in such an institution may be appointed or elected, and

act, as a member of the Senate, but no more than

2 such persons may be members of the Senate at the

same time.

(3)

The following persons are not eligible to be a member

of the Senate under subsection (1)(c) —

(a)	a person who holds an office which from time to time comprises part of the Executive of the University;
(b)	the Chair of the Academic Board of the University.

(4)	Of the members of the Senate —

(a)	at least 2 must have financial expertise (as demonstrated by relevant qualifications and by

Universities Legislation Amendment Act 2005

Part 6	University of Western Australia Act 1911
s. 52

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),

and the member mentioned in paragraph (b) may also

be one of the members mentioned in paragraph (a).

(5)	The majority of members of the Senate must be persons who are not members of the staff or students of the University.

9. Terms of Senate membership

(1)

Subject to section 11, the term of office of a member of

the Senate referred to in section 8(1)(a), (b), (c), (i) or

(j) is 4 years from the date of the appointment or

election of the member or the date the member is

selected and co-opted as a member.

(2)

Subject to section 11, the terms of office of the

members of the Senate referred to in section 8(1)(g)

are —

(a)	one year from the date of the election of the member, in the case of one of the members; and
(b)	2 years from the date of the election of the member, in the case of the other member.

(3)

Subject to section 11, the term of office of a member of

the Senate referred to in section 8(1)(h) is one year

from the date of the election of the member.

(4)

A member of the Senate who has held office by

election, appointment or selection and co-option for an

initial term is eligible to hold office for a subsequent

term or terms as long as any consecutive period of

membership does not exceed 12 years.

Universities Legislation Amendment Act 2005

University of Western Australia Act 1911	Part 6
s. 53

(5)	The Senate may increase the period mentioned in subsection (4) in the case of a particular member if the Senate is of the view that there are exceptional circumstances in that member’s case.

10. Duties of Senate members

Schedule 1 Division 1 has effect.

”.

53. Transitional provisions

(1)	In this section —
“commencement day” means the day on which the

Universities Legislation Amendment Act 2005 comes into operation;

“new section 8(1)” means the University of Western Australia

Act 1911 section 8(1) as that provision is in effect on commencement day;

“repealed section 10” means the University of Western

Australia Act 1911 section 10 as that provision was in effect immediately before commencement day;

“Senate” means the University of Western Australia Senate.

(2)	The persons who, immediately before commencement day, were members of the Senate under repealed section 10(a) continue in office as members of the Senate under new section 8(1)(a) on
and from commencement day.
(3)	The persons who, immediately before commencement day, were members of the Senate under repealed section 10(b) or (e) continue in office as members of the Senate under new section 8(1)(b) on and from commencement day.
(4)	The persons who, immediately before commencement day, were members of the Senate under repealed section 10(c) continue in office as members of the Senate under new section 8(1)(c) on
and from commencement day.

Universities Legislation Amendment Act 2005

Part 6	University of Western Australia Act 1911
s. 54

(5)	The persons who, immediately before commencement day, were members of the Senate under repealed section 10(d), (f), (g), (j) and (l) respectively continue in office as members of the Senate under new section 8(1)(d), (e), (f), (h) and (j) respectively on and from commencement day.
(6)	The persons who, immediately before commencement day, were members of the Senate under repealed section 10(h) and (i) respectively continue in office as members of the Senate under new section 8(1)(g) on and from commencement day.
(7)	The persons who, immediately before commencement day, were members of the Senate under repealed section 10(k) continue in office as members of the Senate under new section 8(1)(i) on
and from commencement day.
(8)	A person who, under this section, continues in office as a member of the Senate on and from commencement day, continues in office for the balance of the term of office that applied to the person immediately before commencement day.

54. Section 11 amended

After section 11(c) the following paragraphs are inserted —

“

(ca)

is removed from office by the Senate under

section 11A;

(cb)

is, or becomes, disqualified from managing

corporations under Part 2D.6 of the

Corporations Act 2001 of the Commonwealth;

”.

55. Section 11A inserted

After section 11 the following section is inserted under the

heading relating to the Senate —

Universities Legislation Amendment Act 2005

University of Western Australia Act 1911	Part 6
s. 55

“

11A.

Removal of Senate members for breach of certain

duties and suspension pending removal

(1)	The Senate may —

(a)	remove from office a member of the Senate for breach of a duty mentioned in Schedule 1 clause 1(1), 2(1) or 3;
(b)	suspend from office a member of the Senate who is alleged to have breached a duty mentioned in Schedule 1 clause 1(1), 2(1) or 3 until the motion for removal is put to the vote.

(2)	The removal or suspension from office may be effected only at a meeting of the Senate of which notice (including notice of the motion that the member concerned be removed or suspended from office for breach of duty) was duly given.
(3)	Despite section 25, the removal or suspension from office may be effected only if the motion for removal or suspension is supported by a majority comprising enough of the members for the time being of the Senate for their number to be at least 2/3 of the total number of offices (whether vacant or not) of member of the Senate.
(4)	The motion for removal or suspension must not be put to the vote of the meeting unless the member concerned has been given a reasonable opportunity to reply to the motion at the meeting, either orally or in writing.
(5)	If the member to whom the motion for removal or suspension refers does not attend the meeting, a reasonable opportunity to reply to the motion is to be taken to have been given if notice of the meeting has been duly given.

Universities Legislation Amendment Act 2005

Part 6	University of Western Australia Act 1911
s. 56

(6)	The Senate cannot remove or suspend from office a member of the Senate for breach of a duty mentioned in Schedule 1 clause 1(1), 2(1) or 3 except in accordance with this section.
(7)	A person must not vote on any question relating to the person’s removal or suspension from office by the Senate for the breach of a duty mentioned in Schedule 1 clause 1(1), 2(1) or 3, or be present while the matter is being considered at a meeting.
(8)	This section applies only in relation to a breach of a duty mentioned in Schedule 1 clause 1(1), 2(1) or 3 that occurs after the Universities Legislation
Amendment Act 2005 comes into operation.
(9)	A person does not breach a duty mentioned in Schedule 1 clause 1(1)(a), (b) or (c) by doing or omitting to do anything in compliance with a direction given to the person in exercise of a power conferred by a written law.

(10)

Subsection (9) does not extend to the manner in which

a thing is done or omitted if it is done or omitted in a

manner that is contrary to Schedule 1 clause 1(1)(a),

(b) or (c) and the direction did not require that it be

done in that manner.

(11)

The suspension from office of a member of the Senate

does not create a vacancy in that office.

”.

56. Section 12 amended

Section 12(3) and (4) are repealed and the following subsections

are inserted instead —

Universities Legislation Amendment Act 2005

University of Western Australia Act 1911	Part 6
s. 57

“

(3)

Subject to section 11, the Chancellor holds office for an initial term of up to 4 years, and from a day, that is determined by the Senate.

(4)

A person who has held office as Chancellor for an

initial term is eligible to hold office for a subsequent

term or terms as long as any consecutive period of

membership does not exceed 12 years.

”.

57. Section 12A amended

Section 12A(2) and (3) are repealed and the following

subsections are inserted instead —

“

(2)

Subject to section 11, the Pro-Chancellor holds office

for an initial term of up to 4 years, and from a day, that

is determined by the Senate.

(3)

A person who has held office as Pro-Chancellor for an

initial term is eligible to hold office for a subsequent

term or terms as long as —

(a)	any consecutive period of membership does not exceed 12 years; and
(b)	the person continues to be a member of the Senate.

”.

58. Section 16EA inserted

After section 16E the following section is inserted —

Universities Legislation Amendment Act 2005

Part 6	University of Western Australia Act 1911
s. 59
“

16EA.

Relief of Senate members from liability

If, in any civil proceeding against a person who is or was a member of the Senate for negligence, default, breach of trust or breach of duty in the person’s

capacity as a member of the Senate, it appears to the

court that the person —

(a)	is, or may be, liable in respect of the negligence, default or breach;

(b) has acted honestly; and

(c)	ought fairly to be excused for the negligence, default or breach having regard to all the circumstances of the case, including those connected with the person’s appointment,

the court may relieve the person either wholly or partly

from liability on such terms as the court thinks fit.

”.

59. Section 21 amended

Section 21(3) is amended by deleting “Subject to section 11, a”

and inserting instead —

“ A ”.

60. Section 23 amended

Section 23 is amended by deleting “section 10A(3),” and

inserting instead —

“ section 9(4), ”.

61. Section 24A inserted

After section 24 the following section is inserted —

Universities Legislation Amendment Act 2005

University of Western Australia Act 1911	Part 6
s. 62

“

24A.	Disclosure of interests
Schedule 1 Division 2 has effect.

”.

62. Schedule 1 inserted

After section 42 the following Schedule is inserted —

“

Schedule 1 — Senate members

[s. 10, 11A, 24A]

Division 1 — Duties

1. Duties

(1)	Each member of the Senate —

(a)

must at all times act honestly in the performance of the functions of a member of the Senate, whether within or outside the State;

(b)

diligence in the performance of the functions of a

member of the Senate, whether within or outside the

must at all times exercise the degree of care and would reasonably be expected to exercise in the Senate’s circumstances;

(c)	must at all times act in the best interests of the University and give precedence to the interests of the University over the interests of any person appointing or electing a member of the Senate;
(d)	must not, whether within or outside the State, make improper use of information acquired by virtue of the position of member of the Senate to gain, directly or indirectly, an advantage for any person or to cause detriment to the University;
(e)	must not, whether within or outside the State, make improper use of the position of member of the

Universities Legislation Amendment Act 2005

Part 6	University of Western Australia Act 1911
s. 62

Senate to gain, directly or indirectly, an advantage

for any person or to cause detriment to the

University.

(2)	Nothing in subclause (1) or section 11A or 24A affects —

(a)	any other duty a member of the Senate may have under any other law; or
(b)	the operation of any other law in relation to such a duty.

Division 2 — Disclosure of interests

2. Disclosure of interests

(1)

A member of the Senate who has a material personal interest

in a matter being considered or about to be considered by

the Senate must, as soon as possible after the relevant facts

have come to the member’s knowledge, disclose the nature

and extent of the interest at a meeting of the Senate.

(2)

A disclosure under subclause (1) is to be recorded in the

minutes of the meeting.

3. Voting by interested members

A member of the Senate who has a material personal interest

in a matter that is being considered by the Senate —

(a)	must not vote whether at a meeting or otherwise —

(i) on the matter; or

(ii) on a proposed resolution under clause 4 in respect of the matter, whether relating to that member or a different member;

and

(b)	must not be present while —

(i) the matter; or

(ii) a proposed resolution of the kind referred to in paragraph (a)(ii),

is being considered at a meeting.

Universities Legislation Amendment Act 2005

University of Western Australia Act 1911	Part 6
s. 62

4. Clause 3 may be declared inapplicable

Clause 3 does not apply if the Senate has at any time passed

a resolution that —

(a)	specifies the member, the interest and the matter; and
(b)	states that the members voting for the resolution are satisfied that the interest should not disqualify the member from considering or voting on the matter.

5. Quorum where clause 3 applies

Despite section 25, if a member is disqualified under

clause 3 in relation to a matter, a quorum is present during

the consideration of the matter if at least 7 members of the

Senate are present who are entitled to vote on any motion

that may be moved at the meeting in relation to the matter.

6. Minister may declare clauses 3 and 5 inapplicable

(1)

The Minister may, on the application of a member of the

Senate, by writing declare that clause 3 or 5 or both of them

do not apply in relation to a specified matter either generally

or in voting on particular resolutions.

(2)

The Minister must cause a copy of a declaration made under

subclause (1) to be laid before each House of Parliament

within 14 sitting days of that House after the declaration is

made.

”.