University of Queensland Act Amendment Act 1973 (Qld)

651 ANNO VICESIMO SECUN6)O ELI A-,-]' M E S ECU ND A E RE GINA E 74 1 97 3 An Act to The Ur' 't °,' of Queensland Act of 1965 in eertai! - )articulars [ASSENTED TO 19TH DECEMBE R, 1973] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, a) :I by the authority of the same, as follows:-- 1. Short tit , ; . - c; (1) This Act may be cited as the University of Queensland Act Amendment Act 1973. (2) The University of Queensland Act of 1965 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the University of Q 'eensland Act 1965-1973. 2. 1. of s. 2. Section 2 of the Principal Act is amended by, in that part of the section referring to Part V, omitting the references " (ss. 28-31) " and inserting in their stead the references " (ss. 27A- 31B) ".

652 University of Queensland Act Amendment Act 1973, No. 74 3. Amendment of s. 4 . Section 4 of the Principal Act is amended by, in the meaning of the term " Rules ", omitting the words " a Statute " and inserting in their stead the words " this Act ". 4. Amendment of s. 5. Section 5 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting paragraphs ( c) and ( d) and inserting in their stead the following paragraph:- (c) acquiring , holding, dealing with and disposing of real and personal property ( whether situated in Queensland or elsewhere);"; (ii) relettering the existing paragraph (e) as paragraph (d); (b) in subsection ( 2), omitting paragraph ( d) and inserting in its stead the following paragraph:- (d) all persons who are for the time being enrolled students of the University.". 5. Repeal of and new s. 6 . Section 6 of the Principal Act is repealed and the following section is inserted in its stead:- " 6. Constitution of Senate . (1) Subject to subsection (2), there shall be a Senate of the University consisting of- (a) the following persons who shall be members ex-officio- (i) the Vice-Chancellor of the University; (ii) the Director-General of Education; (iii) the President of the Professorial Board of the University; (iv) the President of the University of Queensland Staff Association who shall not, however, be an ex-officio member of the Senate unless he is elected as President by a postal ballot at which all members of the Association are entitled to vote; (v) the President of the University of Queensland Union who shall not, however, be an ex-officio member of the Senate unless he is elected as President by a general ballot at which all members of the Union are entitled to vote; (vi) the Anglican Archbishop of Brisbane; (vii) the Roman Catholic Archbishop of Brisbane; and (b) the following persons (in this Act referred to as appointed members)- (i) eleven persons, two' of whom shall be members of the Legislative Assembly of Queensland, appointed by the Governor in Council; (ii) one member of the Professorial Board of the University appointed by that Board; (iii) three persons appointed by and from the full-time graduate staff of the University; (iv) two students of the University appointed by and from the body of students of the University; (v) one person appointed by the Queensland Council of Churches;

University of'Queensland Act Amendment Act 1973, No. 74 653 (vi) eight persons appointed by Convocation, but so that there shall not be included in the members appointed by Convocation more than two full-time members of the teaching staff of the University. (2) The Senate may from time to time appoint a person or persons (not being a member or members of the teaching staff of the University) to be a member or, as the case may be, members of the Senate: Provided that- (a) the number of such persons so appointed shall not at any one time exceed two; and (b) the term of office of a member appointed in pursuance of this subsection shall, subject to this Act, terminate on the same day as the terminating day of those appointed members who are in office at the date of his appointment. (3) (a) A person who but for this subsection would have been eligible for appointment to the Senate under more than one of subparagraphs (ii), (iii), (iv) and (vi) of paragraph (b) of subsection (1) shall be eligible for appointment under such one only of those subparagraphs as he may by notice in writing to the Registrar of the University elect. (b) A person being a member of more than one body or class of persons referred to in any of the subparagraphs referred to in paragraph (a) of this subsection shall be entitled to vote at the election held, to determine the person or persons to be appointed by that body or class of persons of which he is a member which is first mentioned in paragraph (b) of subsection (1) of this section, and shall not be entitled to vote at any other election held to determine the person or persons to be appointed under any other of the said subparagraphs for the same term of office of the Senate at which he would but for this provision have been entitled to vote. (4) If a body or person required by this section to appoint a person or number of persons to be a member or members of the Senate fails or refuses to appoint a sufficient number of such persons by the date determined by the Senate pursuant to section 8, the Minister may, on the advice of the Senate, appoint a sufficient number of persons who shall be deemed to have been appointed by the body or person who should have appointed- him or them. (5) A person (not being a person who is a member of the Senate) appointed at any time to act in, or who according to law acts in, the office of an ex-officio member of the Senate shall, subject to this section, while so acting also act as a member of the Senate in the place of the person in whose office he is acting and while so acting shall have and may exercise all the powers, functions and authorities of, and shall perform all the duties of, a member of the Senate. (6) If an appointed member of the Senate is or may be prevented by absence, illness or other cause whatsoever from performing his duties as a member of the Senate and.the Chancellor is of the opinion that the member will be so prevented from performing those duties for a period of not less than six calendar months, then- (a) in the case of a member appointed under subparagraph (i) of paragraph (b) of subsection (1), the Governor in Council;

654 University of Queensland Act Amendment Act 1973, No. 74 (b) in the case of a member appointed under subparagraph (ii) of paragraph (b) of subsection (1), the Professorial Board of the University; (c) in the case of a member appointed under subparagraph (v) of paragraph (b) of subsection (1), the Queensland Council of Churches; (d) in the case of any other appointed member of the Senate, the person, executive or other group charged with the management of the affairs of a body or organization which, in the opinion of the Senate, is representative of the class or category of persons by whom such member was appointed or if, in the opinion. of the Senate, there is no such body or organization, the Senate, may appoint some other eligible person to act as a member of the Senate in place of the member during such time as he is prevented from performing those duties, and the person appointed while so acting shall have and may exercise all the powers, functions and authorities of, and shall perform all the duties of, a member of the Senate.". 6. Repeal of and new s. 7. Section 7 of the Principal Act is repeated and the following section is inserted in its stead:- " 7. Continuation of Senate . Notwithstanding the provisions of section 6, the members of the Senate holding office immediately prior to the commencement of the University of Queensland Act Amendment Act 1973 who are not ex-officio members shall continue as members of the Senate up to and including the thirty-first day of December, 1974, and those members, together with the ex-officio members specified in subsection (1) of section 6, shall be and be deemed to be the members of the Senate under and within the meaning of this Act up to and including that date.". 7. Amendment of s. S . Section 8 of the Principal Act is amended by. omitting the second and third paragraphs of that section and inserting in their stead the following paragraphs:- " The first term of office for appointed members of the Senate appointed after the commencement of the University of Queensland Act Amendment Act 1973 shall commence on the first day of January, 1975, and shall terminate on the thirty-first day of December, 1977. The second term of office for appointed members of the Senate shall commence on the first day of January, 1978.". 8. Amendment of s. 9. Section 9 of the Principal Act is amended by- (a) in subsection (I)- (i) omitting pragraphs (a) and (b) and the word " or " occurring between these paragraphs and inserting in their stead the following paragraph:- (a) is an undischarged bankrupt or as a debtor takes advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; ";

Lnirersitr ot'Queensland Act Amendment Act 1973, No. 74 655 (ii) relettering paragraphs (c) and (d) as paragraphs (b) and (c) respectively; (b) in subsection (2), inserting after paragraph (d) the following paragraph:- or (e) ceases to hold office or qualification essential to his appointment as a member of the Senate in terms of paragraph (b) of subsection (1) of section 6.". 9. Amendment of s. 10. Section 10 of the Principal Act is amended by inserting after subsection (1) the following subsection:- "(IA) If such casual vacancy occurs in respect of a member appointed under subparagraph (iii), subparagraph (iv) or subparagraph (vi) of paragraph (b) of subsection (1) of section 6, the person to be appointed to fill the vacancy shall be appointed by the person, executive or other group charged with the management of the affairs of a body or organization which, in the opinion of the Senate, is representative of the class or category of persons by whom such member was appointed or if, in the opinion of the Senate, there is no such body or organization, by the Senate.". 10. New s. 11A. The Principal Act is amended by inserting after section 11 the following section :- " 11A. Delegation by Senate. (I) The Senate may, in relation to any matter or class of matters, or in relation to any activity or function of the University, by resolution, delegate all or any of its powers and authorities, duties and functions under this Act (except this power of delegation and its powers in relation to the making of Statutes or Rules and its duties in relation to the annual adoption of a budget and the approval of the proposed distribution of funds referred to in paragraph (b) of section 31A of this Act) to any member of or to any committee appointed by the Senate, or to any officer or officers of the University. (2) Every delegation under this section may be varied or revoked by resolution of the Senate, and no delegation shall prevent the exercise of any power, authority, duty or function by the Senate. (3) A power, authority, duty or function delegated by the Senate may be exercised or performed by the delegate- (a) in accordance with the resolution of delegation; and (b) if the exercise of the power or authority or the performance of the duty or function is dependent upon the opinion, belief or state of mind of the Senate in relation to a matter, upon the opinion, belief or state of mind of the delegate in relation to that matter.". 11. Amendment of s. 12. Section 12 of the Principal Act is amended by- (a) omitting subsection (1) and inserting in its stead the following subsection:-- " ( I) At its first meeting held after the expiration of the term of office of the appointed members of the preceding Senate, the Senate shall elect two of its members to be Chancellor and Deputy

656 University of Queensland Act Amendment Act 1973, No. 74 Chancellor respectively, each of whom shall, subject to this Act, hold office during the term of office of the appointed members of that Senate. The office of Chancellor or Deputy Chancellor shall become vacant immediately upon the holder thereof ceasing to be a member of the Senate."; (b) in subsection (2), omitting the words " as such until the first meeting of the Senate in the year next following." and inserting in their stead the words " for the remainder of the term of office of his predecessor.". 12. Amendment of s. 15. Section 15 of the Principal Act is amended by, in subsection (1)- (a) omitting from paragraph (c) the words ", not being graduates of the University," where twice occurring; (b) inserting after paragraph (c) the following paragraph:- (ca) all students of the University enrolled for a Master's or Doctor's Degree;"; (c) inserting after paragraph (e) the following paragraph:- (ea) the head of each residential college affiliated or associated with the University under the provision of any Statute of the University;" ; (d) omitting from paragraph (f) the words " five hundred pounds " where twice occurring and inserting in their stead in each case the expression " $1,000 ". 13. Amendment of s. 23 . Section 23 of the Principal Act is amended by, in subsection (1), omitting the words " whether matriculated or not,". 14. New ss. 27A and 27B. The Principal Act is amended by inserting before section 28, and as sections in Part V, the following sections:- " 27A. University may accept gifts, etc ., subject to conditions, and establish trust funds. In exercising its powers to acquire, hold, deal with or dispose of any real or personal property the University may agree to and carry out any conditions of any gift, grant, bequest, devise, purchase, lease or other means whereby it acquires or holds any property and the Senate may create and administer any trust fund or funds in connexion therewith or for any other purpose whatsoever. 27B. Powers of investment . (1) The Senate may establish one or more investment common funds for the collective investment of any trust and other moneys held by or in the custody of the University. (2) The Senate may from time to time without liability for breach of trust bring into or withdraw from any such investment common fund the whole or any part of any moneys of the University or of any trust moneys or any other moneys held by or in the custody of the University.

University= of Queensland Act Amendment Act 1973, No. 74 657 (3) Subject to subsections (4) and (5) of this section the Senate shall periodically distribute the income of each investment common fund among the funds participating in the common fund, having regard to the extent of the participation of each fund in the common fund during the relevant accounting period. (4) In any case where the Senate has brought into any investment common fund, moneys which, having been received by it to be expended for a stated purpose, cannot or will not be expended for that purpose forthwith, the Senate may pay into the general funds of the University the whole or any part of that part of the income of such investment common fund which is attributable to the participation of those moneys in that fund and which is not required for that stated purpose. (5) The Senate may if it considers it expedient so to do from time to time add some portion of the income to the capital of the common fund or use some portion of the income to establish or augment a, fund or funds as a provision against capital depreciation or reduction of income. (6) Any moneys of the University (whether forming part of a common fund or not), including moneys held upon trust or subject to a condition, may be invested by the Senate from time to time in any form of investment authorized by the Statutes whether an authorized trustee investment or not. (7) The powers conferred on the Senate by this section or by any Statute relating to investment of property shall not be exercised by the Senate in relation to any trust fund or other moneys- (a) if the instrument creating the trust expressly directs to the contrary; or (b) if the exercise of power would constitute a breach of any condition under which the fund or moneys in question was or were acquired.". 15. A...-., of s. 28. Section 28 of the Principal Act is amended by omitting subsection (8). 16. New s. 30A. The Principal Act is amended by inserting after section 30 the following section-.- 30A. Form of ei i thentication of ct 9 (1) Contracts on behalf of the University may be made as follows:-- (a) A contract which if made between private persons would be by law required to be in writing under seal may he made on behalf of the University in writing under the common seal of the University; (b) A contract which if made between private persons would be by law required to be in writing signed by the parties to be charged therewith may be made on behalf of the University in writing signed by any person acting under the express or an implied authority of the Senate; (c) A contract which if made between private persons would by law be valid although made by parol only (and not reduced into writing) may be made by parol on behalf of the University by any person acting under the express or an implied authority of the Senate.

658 Unirersitr o/ Queensland Act Anrendntent Act 1973, No. 74 Any contract so made shall be effectual in law and shall bind the University and all other parties thereto and may be varied or discharged in the manner in which it is authorized to be made. (2) A document or proceeding requiring authentication by the University may be signed by an officer of the University authorized so to do by the Senate and need not be under its common seal.". 17. Amendment of s. 31. Section 31 of the Principal Act is amended by- (a) in the heading . omitting the words " Temporary financial and inserting in their stead the word " Financial' ; ( b) in subsection ( I ). omitting the word " temporary". 18. New ss. 31A and 31B . The Principal Act is amended by inserting after section 31 the following sections:- 31A. Budget . The Senate shall- (a) in each year. adopt for the next following year commencing on the first day of January a budget for all funds of the University other than those to which paragraph (b) of this section relates, and shall approve all amendments to the budget and shall control the expenditure of the University so that it conforms as nearly as practicable to the approved budget; (b) review annually funds available to the University by way of bequest, donation or special grant and the expenditure thereof, and shall, subject to the terms of any trust and before any such expenditure is made, approve the proposed disposition of those funds. 31B. Accounts and Audit. (1) The Senate shall cause to be kept in relation to the funds and assets of the University such accounting and associated records as shall correctly record and explain all transactions. (2) The Senate shall, as soon as practicable after each thirty-first day of December, prepare and transmit to the Minister statements of accounts in respect of the year ended on that date in the form approved by the Auditor-General. Prior to such transmission the Auditor-General shall certify whether or not the statements of accounts submitted exhibit a true and fair view of the financial transactions of the University for the period to which they relate. (3) The Auditor-General or an officer authorized by him shall audit the accounts and records of financial transactions of the University and the cost of this audit shall be met by the University. (4) The Auditor-General shall at least once in each year report to the Senate the results of the audit carried out under subsection (3) of this section and, if he deems necessary, shall make recommendations to the Senate in regard to the conduct of the financial transactions of the University and the manner of operating and maintaining the accounts.

University' of Queensland Act Amendment Act 1973, No. 74 659 (5) The Senate shall give due consideration to the report and recommendations, if any, of the Auditor-General made in accordance with subsection (4) of this section. (6) The Auditor-General or an officer authorized by him shall have a right of access at all reasonable times to the accounting and associated records of the University and shall be entitled to require from an officer or employee of the University such information and explanation as he considers necessary for the purpose of the audit, and the person shall comply with the requirement. (7) The Auditor-General shall transmit to the Minister through the Treasurer a copy of any report and recommendations made by him under subsection (4) of this section and shall include in his Annual Report to Parliament such matters relating to the financial transactions fcr the year as he may consider necessary.". 19. Amendment of s. 32. Section 32 of the Principal Act is amended by omitting the words " One hundred pounds." where three times occurring and inserting in their stead in each case the expression " $200.". 20. Amendment of s. 34. Section 34 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting from paragraph (vi) the words ", subject to applicable awards or industrial agreements," and inserting at the end of the said paragraph, after the word " University ", the words " but only to the extent that a Statute so made with respect thereto is not inconsistent with the provisions of any award or industrial agreement which may from time to time be applicable "; (ii) inserting in paragraph (xvii), after the word " University ", the words- including any property held on trust or subject to a condition "; (iii) inserting after paragraph (xix) the following paragraph:- t< (xx) The method of appointment of members of the Senate by the persons or bodies authorized to appoint members pursuant to subparagraphs (iii), (iv) and (vi) of paragraph (b) of subsection (1) of section 6, and matters related or incidental thereto."; (b) omitting subsections (2), (3) and (4) and inserting in their stead the following subsections:- " (2) The Senate may make rules (not being inconsistent with this Act or the Statutes) for the carrying into effect of all or any of the provisions and objects of this Act or of the Statutes. (3) All rules made pursuant to this section by the Senate shall be of full force and effect as from the day on which they are promulgated in accordance with procedures specified in the Statutes or from such later date as may be specified in the rules, and the production of a verified copy of any such rule under the common seal of the University is sufficient evidence of the making and authenticity of the same in all courts and before all persons acting judicially. (4) A Statute may impose or authorize the Senate or any officer of the University to impose a penalty not exceeding $200 for breach of any provision and provide for the recovery and enforcement of any such penalty.

660 University of Queensland Act Amendment Act 1973, No. 74 (5) Where no other provision is made for the recovery or enforcement of a penalty imposed by or under the authority of a Statute, such penalty may be recovered or enforced by complaint in a summary way under the Justices Act1886-1973.". 21. Amendment of s. 37. Section 37 of the Principal Act is amended by omitting the words " such manner as the Governor in Council may direct." and inserting in their stead the words " the manner hereinbefore in this Act provided.". ° 22. New s. 37A. The Principal Act is amended by inserting after section 37 the following section:- " 37A. No discrimination . The University shall not discriminate against any person on the grounds of that person's sex, religion or colour.". 23. New s. 37B. The Principal Act is amended by inserting after section 37A as inserted by this Act the following section:- " 37B. Senate discretion in respect of overtime . Notwithstanding the provisions of paragraph (c) of subsection (1) of section 14 of the Industrial Conciliation and Arbitration Act 1961-1972, the working of overtime by any person employed by the University at a salary in excess of an amount which the Governor in Council, who is hereby thereunto authorized, determines from time to time for the purpose, and remuneration in respect of such overtime, shall be in the discretion of the Senate.".