University of New England (Amendment) Act 1970 (NSW)
UNIVERSITY OF NEW ENGUND (AMENDMENT)
ACT.
OTaless
ANNO UNDEVICESIMO
EUZABETHvE U REGINyE
Act No. 58, 1970.
An Act to make further provisionsfin relation to the constitution, powers, authorities, duties and func tions of the Council of The University of New England and the endowment of the University; for these and other purposes to amend the University of New England Act, 1953; and for purposes connected therewith. [Assented to, 6th November, 1970.]
BE
University of New England [Amendment).
No. 58, 1970 “D E it enacted by the Queen’s Most Excellent Majesty, by
-D and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:—
| Short title | 1* | ( 1) This Act may be cited as the “University of New |
| and com- | England (Amendment) Act, 1970”. |
| mencement. |
| (2) | This Act shall commence upon a day to be |
appointed by the Governor and notified by proclamation
published in the Gazette.
| Amendment | University of New England Act, 1953, is |
| of Act No. | amended— |
| 34, 1953. |
| Long title. | (a) by omitting from the long title the words “to authorise the University so established and incor porated and the New South Wales University of Technology to co-operate in the provision of degree and diploma courses at Newcastle and other places in the State;” ; |
| Sec. 3. | (b) by inserting at the end of section three the following |
| (Defini | new subsection ;— |
| tions.) |
(2) In this Act, unless the contrary intention
appears—
| (a) | a reference to the academic staff of the University or to members of the academic staff of the University is a reference to the members of the staff of the University who are members of any Faculty of the Uni versity or whose terms of appointment require them to undertake teaching or research duties in the University; |
| (b) | a reference to a member of the Council elected by the academic staff of the Uni versity is a reference to a member of the |
Council
University of New England {Amendment).
Council elected in pursuance of paragraph no. 58, 1970 of the Council filling a casual vacancy in the office of a member so elected;
(c) of subsection four of section ten of this
| (c) | a reference to a student of the University is a reference to a person who is enrolled as a candidate proceeding to a degree or diploma at the University; |
| (d) | a reference to a member of the Council elected by the students of the Uni versity is a reference to a member of the Council elected in pursuance of paragraph (a) of subsection four of section ten of tWs Act, and includes a reference to a member of the Council filling a casual vacancy in the office of a member so elected. |
| (c) | by omitting section six and by inserting in lieu Subst. sec. 6. thereof the following section : — |
6. The functions of the University shall, within Functions the limits of its resources and subject to this Act university, and the By-laws, include—
| (a) | the provision of university education for internal and external students; |
| (b) | the dissemination of knowledge and the promotion of scholarship and of the increase of knowledge; and |
| (c) | the conferring and awarding of degrees and diplomas. |
| (d) | by omitting from paragraph (c) of section sevensec. 7. the words “Animal Husbandry” and by inserting in (Faculties lieu thereof the words “Rural Science” ; |
| (e) |
by omitting from subsection one of section eight the Sec. 8. thirteen, sixteen and seventeen of this Act shall not apply to or in respect of the first Council.” ;
(f)
University of New England (Amendment).
| No. 58, 1970 | (f) by omitting section nine; |
| Sec. 9. (Constitu tion of first Council.) | |
| Subst. | (g) by omitting section ten and by inserting in lieu |
| sec. 10. | thereof the following section ; — |
| Constitution | 10. (1) The Council shall consist of— | |
| of Council. | (a) parliamentary members; (b) official members; (c) elected members; and | |
|
(2) The parliamentary members of the
Council shall be—
| (a) | a member of the Legislative Council elected by that Council as soon as practicable after the commencement of the term of service of the members of that Council elected at each election held as required by subsection five of section 17f of the Constitution Act, 1902; and |
| (b) | a member of the Legislative Assembly elected by that Assembly as soon as practi cable after each general election of members of that Assembly. |
(3) The official members of the Council
shall be—
| (a) | the person for the time being holding the office of Chancellor, where he is not other wise a member of the Council; |
| (b) | the person for the time being holding the office of Vice-Chancellor; |
| (c) | the person for the time being holding the office of Chairman of the Professorial Board of the University; and |
(d)
University of New England {Amendment).
| (d) |
the person for the time being holding the No. 58, 1970 College.
|
shall be elected in such manner as for each class may be prescribed by the By-laws and shall comprise—
| (a) | two persons so elected by the students of the University; |
| (b) | six persons so elected by the members of Convocation; |
| (c) | four persons so elected by such members of the academic staff of the University as may be prescribed by the By-laws; and |
| (d) | four persons so elected by the other mem bers of the Council for the time being holding office: |
Provided that—
(i) a person who is not a student of the Uni versity shall be ineligible to be elected as a member of the Council in pursuance of paragraph (a) of this subsection;
(ii) a person who is a full time member of the staff of the University shall be ineligible to be elected as a member of the Council in pursuance of paragraph (a) of this sub section ;
(hi) not more than three persons who are full time members of the staff of the University may be elected as members of the Council in pursuance of paragraph (b) of this sub section; and
( iv )
University of New England (Amendment).
| No. 58, 1970 | (iv) | a person who is not a member of the academic staff of the University referred to in paragraph (c) of this subsection shall be ineligible to be elected as a member of the Council in pursuance of that paragraph. |
The By-laws may make provision for or with respect to determining whether or not a person is a full time member of the staff of the University for the purposes of this subsection.
| (5) | The appointed members of the Council |
shall comprise seven persons appointed by the
Governor.
| (6) | Subject to this Act, a member of the |
Council shall hold office—
| (a) | in the case of a parliamentary member, until a member of the House of Parliament that elected him is elected by that House to replace him; |
| (b) | in the case of an official member, while he holds the office by virtue of which he is such a member; and |
| (c) | in the case of an elected or appointed mem ber, for such period not exceeding three |
| , | years as may be prescribed by the By-laws. |
The By-laws may prescribe—
(i) a period of office by reference to determined, or determinable, days of commencement and termination; and
(ii) different periods of office in respect of different classes of members.
University of New England {Amendment).
| (7 ) | A casual vacancy in the office of an No. 58,1970 |
elected or appointed member shall—
(a) be filled—
(i) in the case of an elected member (not being a member referred to in subparagraph (ii) of this para graph) or an appointed member— by a person (being a person who could have filled the vacancy had it not been a casual vacancy) elected or appointed in the same manner as the member whose office is vacant; or
(ii) in the case of a member elected in pursuance of paragraph (b) of sub section four of this section—by a person appointed by the Council in such manner as is prescribed for the purposes of this subparagraph by the By-laws; or
| (b) | where the By-laws make other provision for the filling of the casual vacancy, be filled in accordance therewith, |
and any member filling a casual vacancy under this subsection shall hold office for the residue of the term of office of his predecessor.
| (8) | The provisions of the Public Service |
Act, 1902, shall not apply to or in respect of the appointment by the Governor of any member of the Council, and any member so appointed shall not, in his capacity as such member, be subject to the provisions of that Act during his term of
office.
University of New England {Amendment).
| No. 58, 1970 | (9) (a) In this subsection— |
“the appointed day” means the day appointed and notified under subsection two of section one of the University of New England (Amendment) Act, 1970;
“the former section ten” means section ten of this Act as in force immediately before the appointed day.
| (b) | Notwithstanding anything in sub |
section four, five or six of this section, where, immediately before the appointed day, a person held oflSce as a member of the Council—
(i) in pursuance of subsection seven of the former section ten, he shall be deemed to have been elected in pursuance of paragraph (a) of subsection four of this section;
| (ii) in pursuance | of subsection | five of the |
former section ten, he shall be deemed to have been elected in pursuance of para graph (b) of subsection four of this section;
(iii) in pursuance of subsection four of the former section ten, he shall be deemed to have been elected in pursuance of para graph (c) of subsection four of this section;
| (iv) in pursuance | of subsection eight of the |
former section ten, he shall be deemed to have been elected in pursuance of para graph (d) of subsection four of this section; or
(v) in pursuance of subsection two of the former section ten, he shall be deemed to have been appointed in pursuance of subsection five of this section.
and
University of New England {Amendment).
and he shall, subject to sections eleven and twelve No. 58, 1970
of this Act, hold office until the expiration of the
period for which he would have held office had
the former section ten not been repealed.
(c) Where, immediately before the appointed day, the Chairman of the Professorial Board held office as a member of the Council in pursuance of subsection four of the former section ten, the provisions of subparagraph (iii) of para graph (b) of this subsection shall not apply in respect of him.
(d) (i) Notwithstanding anything in this section, where there is, on the appointed day, a vacancy in the office of an elected member of the Council, that vacancy shall be filled in the same manner as if it were a casual vacancy.
(ii) The person filling a vacancy referred to in subparagraph (i) of this paragraph shall, subject to sections eleven and twelve of this Act, hold office for the appropriate period pre scribed in pursuance of paragraph (c) of subsection six of this section.
| (h) | (i) by omitting paragraph (a) of section eleven; sec. ii. |
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by omitting paragraph (d) of the same section (Djsqualifi- paragraph :—
| (d) | is a mentally ill person, a protected person or an incapable person within the meaning of the Mental Health Act, 1958; |
(i) by omitting section twelve and by inserting in lieu subst.
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12. A member of the Council shall be deemed vacation
| to have vacated his office if he— | of office. |
(a) dies;
( b )
University of New England {Amendment).
| No. 58, 1970 | (b) resigns his office by writing under his hand |
addressed—
(i) in the case of a parliamentary member elected by the Legislative Council, to the President of the Legislative Council;
(ii) in the case of a parliamentary member elected by the Legislative Assembly, to the Speaker of the Legislative Assembly;
(iii) in the case of an elected member, to the Vice-Chancellor; or
(iv) in the case of an appointed member, to the Minister;
| (c) | being an elected or appointed member, absents himself from four consecutive meet ings of the Council and the Council resolves that his office be declared vacant; |
| (d) | in the case of a parliamentary member elected by the Legislative Council, ceases to be a member of that Council; or |
| (c) | in the case of a parliamentary member elected by the Legislative Assembly— |
(i) ceases to be a member of that Assembly otherwise than by reason of its dissolution or its expiration by effluxion of time; or
(ii) ceases to be a member of that Assembly by reason of its dissolution or its expiration by effluxion of time and is not re-elected as a member of that Assembly at the next general election of members of that Assembly.
(j)
University of New England {Amendment).
(j) (i) by omitting from subsection one of section No. 58, 1970
fourteen the words “After the Council has been duly constituted and appointed under section ten of this Act there” and by insert- committee
ing in lieu thereof the word “There” ; of Council.)
(ii) by omitting paragraph (d) of the same sub section ;
(iii) by omitting from paragraph (e) of the same subsection the word “eight” and by inserting in lieu thereof the word “nine” ;
(iv) by omitting from paragraph (b) of subsection two of the same section the words “repre senting the professorial and other teaching staff” and by inserting in lieu thereof the words “elected by the academic staff” ;
(v) by inserting at the end of the same paragraph the following word and new paragraph:—
; and
| (c) | one shall be from among the members of the Council elected by the students of the University. |
(vi) by omitting from subsection five of the same section the words “representing the profes sorial and other teaching staff” wherever occurring and by inserting in lieu thereof the words “elected by the academic staff” ;
(k) (i) by omitting from subsection one of section fifteen the words “of or above the age of twenty-one years” ;
(ii) by omitting from paragraph (c) of the same subsection the words “teaching staff” and by inserting in lieu thereof the words “academic staff” ;
(1)
University of New England (Amendment).
| No. 58, 1970 | (1) (i) by omitting from subsection one of section |
| sixteen the words | and whenever a vacancy |
Sec. 16.
| (Election | in the ofSce of Chancellor occurs,” ; |
| of Chancellor.) |
(ii) by inserting in the same subsection after the word “number” the words “, and shall, when ever a vacancy in the office of Chancellor occurs, elect a person (whether a member of the Council or not),” ;
| Sec. 17. | (m) (i) by omitting from subsection one of section |
| (Deputy |
| Chancellor.) | seventeen the words “thereafter annually” and by inserting in lieu thereof the words “when ever a vacancy in the office of Deputy Chan cellor occurs” ; |
(ii) by inserting in the same subsection after the word “election” the words “ (unless he sooner resigns his office as Deputy Chancellor or ceases to be a member of the Council)” ;
(iii) by omitting from subsection two of the same section the words “all the powers and duties” and by inserting in lieu thereof the words “and may exercise and discharge all the powers, authorities, duties and functions” ;
| Subst. | (n) by omitting section twenty-two and by inserting in |
| sec. 22. | lieu thereof the following section : — |
| Powers of | 22. (1) Subject to this Act and the By-laws, |
| Council. | the Council— |
| (a) | may provide such courses at university standard as it deems fit, and in conferring and awarding degrees and diplomas grant such certificates in the nature of degrees, diplomas or otherwise as it thinks fit; |
| (b) | may appoint and terminate the services of academic and other staff of the University; |
(c)
University of New England (Amendment).
| (c) |
shall have the entire control and manage- no. 58, 1970 University and may act in all matters con cerning the University in such manner as appears to it best calculated to promote the functions and interests of the University;
| (d) | may purchase or acquire by gift, bequest or devise any property for the purposes of this Act, and may carry out the conditions of any such gift, bequest or devise acquired either before or after the commencement of the University of New England (Amend ment) Act, 1970; and | |
| (e) | may invest any funds belonging to or vested in the University in such securities as may be prescribed by the By-laws. | |
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vesting shall not apply and shall be deemed never to have applied to any condition of a gift, bequest or devise referred to in paragraph (d) of subsection one of this section.
| (o) (i) | by inserting in paragraph (c) of subsection one sec. 25. |
| of section twenty-live after the word “Council” (By-laws.) the words “ (other than the parliamentary members)” ; |
(ii) by inserting next after the same paragraph the following new paragraph : —
(cl) The filling of casual vacancies in the office of an elected member (other than a parliamentary member) or an appointed member of the Council;
(iii) by omitting paragraph (g) of the same sub section and by inserting in lieu thereof the following paragraph : —
| (g) | The number, stipend, conditions of employment, manner of appointment and termination of the services of the |
academic
University of New England (Amendment).
| No. 58, 1970 | academic and other staff of the University, and their titles, powers, authorities, duties and functions; |
(iv) by omitting paragraph (h) of the same sub section and by inserting in lieu thereof the following paragraph : —
| (h) | The matriculation, admission, enrol ment and exclusion of students; |
(v) by omitting paragraph (i) of the same subsection;
(vi) by omitting from paragraph (j) of the same subsection the word “external” and by inserting in lieu thereof the words “internal and external” ;
(vii) by omitting paragraph (1) of the same sub section and by inserting in lieu thereof the following paragraph : —
(1) The conferring and awarding of degrees and diplomas, the issue of certificates in the nature of degrees, diplomas or otherwise, and the grant ing of honours;
(viii) by omitting paragraph (q) of the same sub section and by inserting in lieu thereof the following paragraph: —
| (q) | The fees and charges to be paid includ ing fees and charges for matriculation, entrance, tuition, lectures, classes, use of facilities (including facilities avail able through the Department of | ||
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residence, the conferring and awarding of degrees and diplomas, and the granting of certificates; and the exemption from payment of fees and charges;
(ix)
University of New England (Amendment).
| (ix) |
by inserting in paragraph (s) of the same sub- No. 58, 1970 “and their conduct” ;
(x) by inserting at the end of subsection two of the same section the following new proviso ; —
Provided that any regulation, rule or order made by any such authority or officer—
| (a) | may be amended or repealed by the Council, as well as by that authority or officer; and |
| (b) | shall not have any force or effect until the Council approves of the regulation, rule or order. |
| (p) | by omitting section twenty-six and by inserting in Subst. lieu thereof the following section ; — |
26. (1) There shall be paid by the Treasurer Permanent
| to the University in respect of— | endowment. |
| (a) | the year commencing upon the first day of January in which the University of New | |||
|
commences; and
(b) each succeeding year,
such sum as the Treasurer may determine having regard to the University’s estimated expenditure requirements and income from all sources which is capable of being applied towards meeting such expenditure requirements and, in the case of the year in which the University of New England (Amendment) Act, 1970, commences, any moneys paid, in that year, before that Act commenced to the University under the section which this section replaces.
( 2 )
University of New England (Amendment).
| No. 58, 1970 | (2) To enable the Treasurer to exercise and perform the powers and functions conferred on him by subsection one of this section, the University shall, in respect of— |
| (a) | the year commencing upon the first day of January in which the University of New England (Amendment) Act, 1970, com mences, as soon as practicable after such commencement; and |
| (b) | each succeeding year either before or as soon as practicable after the commence ment of such year, |
submit to the Treasurer estimates of the expenditure and income of the University for such year and such other information as the Treasurer may deem necessary.
(3) Any moneys payable by the Treasurer under this section shall be paid out of moneys provided by Parliament.
| Sec. 27. | (q ) by omitting section twenty-seven; |
| (Endow | |
| ment—■ | |
| transitional provisions.) | |
| Sec. 28. | (r) by omitting from section twenty-eight the word |
| (Advance by |
| Treasurer.) | “Colonial” ; |
| Sec. 29. | (s) by omitting from section twenty-nine the word |
| Council to |
| (Power of | “Colonial” wherever occurring; |
| borrow.) |
| Sec. 30. | (t) by omitting section thirty; |
| (Payment of fees.) | |
| Sec. 33. | (u) (i) by omitting from subsection one of section |
| college |
| (Teachers’ | thirty-three the words “, for the purpose of |
| students | proceeding to a first degree,” ; |
| and school |
| teachers.) | ( i i ) |
University of New England {Amendment).
(ii) by omitting from the same subsection the No. 58, 1970 words “for the period required for admission
to that degree” ;
(iii) by omitting from the same subsection the words “ : Provided further that the Minister shall not, without the consent of the Council, give approval under this section for more than one hundred and fifty persons to commence courses in any one year”.
(2) Nothing in this section shall prejudice or affect the continuity of the body corporate constituted under section four of the University of New England Act, 1953, but the same shall continue notwithstanding the provisions of this section.
(3) Nothing in this section shall affect the tenure of office of the person holding the office of Chancellor immedi ately before the commencement of this Act.
UNIVERSITY
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