University of Queensland Act of 1909 (9 Edw VII No. 7) (Qld)

9460 DWELLINGS.-EDUCATION. University of Ql~ 'tnslanit. 9 EDW. VII. No. 7, (ii.) The quorum at meetings of the Board, the conduct of business at such meetings, the duties of the Board and of inspectors, valuers, and other officers; the fees for inspection and valuation; (iii.) The mode in which the value of lands and dwelling-houses shall be determined; (iv.) 'fhe insurance of dwelling - houses by the borrower and his successors in interest,and the paymen t to the Board of insurance moneys received to be applied, at the discretion of the Board, wholly or in part in reduction of the existing debt; (v.) The forms of mortgage or security to be taken by the Board, and the conditions and covenants to be inserted therein; (vi.) The establishment of a fund for the redemption of debentures or to provide against losses; (vii.) Generally, for carrying out the objects and provisions of this Act. All such Regulations, when published in the Gazette, shall be judicially noticed and have the same effect as if they were enacted in this Act, and shall be laid before Parliament within forty days after such publicat.ion, if Parliament is then sitting, and if not, then within forty days after the beginning of the next ensuing session of . Parliament. ' EDUCATION. 9 E N dw o. . 7 V . II. An Act to Incorporate and Endow the University TIlE UNIYERSITY of Queensland. OF QUEENSLAND ACT Gl<' 1909. [ASSENTED TO 10TH DECEMBER, 1909.J Preamble. W HEREAS it is desirable to promote sound learning, to encourage original research and invention, and to, provide the means of' obtaining a liberal and practical education in the several pursuits and professions of life in Queensland, and for such purposes to incorporate and endow a University open to all classes and denominations of His Majesty's subjects: Be it therefore enacted by the King's Most Excellent Majesty, by and with the advice and

EDUCATION. 9461 1900. University of Queensland. consent of the Legislative Oouncil and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - 1. This Act may be cited as "The University of Short title. Queensland Act of 1909." 2. In this Act, unless the context otherwise indicates:, Interpl'e· the following terms have the meanings set against them t.ation. respectively, that is to say:-- " Oouncil "·-The Oou.ncil of the University con·· Council. stituted under the allthority of this Act; " Senate"-The Senate of t.he University constituted. Senate. - under the authority of this Act; " Statutes "-Statutes of the University made Statutes. under the aut.hority of this Act; " University" - The University of Queensland. University. constituted under the authority of this Act. 3. "The University Act of 1870"* is repealed. Establishment of University. Repeal of 34 Vie. No. 18. 4. (1.) A University, to be called "The University of Establish- Queensland," shall be established, consisting of a Senate, ~ : ~ ; e~ ! ity. a Oouncil, and Graduate and Undergraduate Members. The governing body of the University shall consist of the Senate and the Oouncil: Provided that until the Oouncil is constituted the governing body of the University shall consist of the Senate only. (2.) '1;he University shall be a body corporate, with perpetual succession and a common seal; and shall under its name be capable in law of suing and being sued, and of taking., purchasing, holding, and alienating all real and personal property whatsoever, whether the same is situated in Queensland or elsewhere, and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer. .Affiliated Institut'ions. 5. fj'he School of Mines at Oharters Towers estab- Affiliated lished under "The Schools of Mines Act oj 1894,"t the Institutions. Agricultural College at Gatton, Central Technical Oollege, and the Bacteriological Institute at Oollege Road, Brisbane, and any other educational establishment in Queensland * 34 Vie. No. 18, supra, page 634. t 58 Vie. No. 16, supra, page 4960. D

9462 EDUCATION. .University of Queensland. 9 EDw. VII. No. 7, State educational institutions. may be affiliated with the University upon such terms and conditions as the Governor in Council by Order in Council shall declare and the Senate shall approve. 6. The Governor in Council may cause to be estab- lished and erected within the University domain any State educational institution, and such institution when established shall be affiliated with the University. Senate. The Senate. 7. (1.) The Senate shall consist of twenty persons, appointed or elected as hereinafter provided.. (2.) No person who holds any salaried office in the University as a dean of a faculty, professor, lecturer, or examiner shall, on that account only, be incapable of being appointed or elected or of acting as a member of the Senate. But the number of such offwers in the Senate at the same time shall not exceed three. First Senate. 8. (1.) The first members of the Senate shall be appointed by the Governor in Council. (2.) The names of the persons so appointed shall be published in the Gazette, and the University and the Senate shall be deemed to be constituted on the date of such publication. (3.) All the members of the Senate so appointed shall remain in office for such time as the Governor in Council may prescribe and shall retire from office in such numbers and in such rotation as he may prescribe. (4.) A vacancy which arises in the Senate at any time prior to the' constitution of the Council shall forth- with be filled by the appointment of a member by the Governor in Council, and the member so appointed shall be deemed to have been appointed at the same time as the person whom he succeeds in office. Every such appoint- ment shall be notified in the Gazette. Disqualifi· cations. 9. No person who- (i.) Is not of the full age of twenty-one years; (ii.) Is a J)rincipal of any Secondary School or a person engaged in preparing students for the University; (iii.) Has his affairs under liquidation by arrange- ment with his creditors; or (iv.) Is an uncertificated or undischarged insolvent; or

1909. EDUCATION. Universif,1f of Queensland.· 9463 (v.) Has been convicted of an indictable offence, unless he bas received a free pardon or has undergone the sentence passed up0l?- him; or (vi.) Is undergoing a sentence of imprisonment; or (vii.) Is an insane person within the meaning of the laws in force for the time being relating to insanity; shall be capable of being or continuing a member of the Senate. . 10. At its first meetin~ held after the date of its Election of constitution, and thereafter at its first meeting held after ~ ~ dvf1! ~ r the first Tuesday in March in every year, the Senate shall Chancellor. elect two of its members to be respectively Ohancellor and Vice-Ohancellor of the University. Omtncil. 11. (1.) The Oouncil shall be constHuted as soon as Constitution the graduates of the University (exclusive of graduates of of Council. other universities who have been admitted to such degree in the University) are twenty-five in number, and shall consist of-. (a) All members and past members of the Senate; Cb) All graduates of the University of the degree of Master or Dootor ; (c) All other graduates of tbe University of three years' standing; Cd) All graduates of other Universities of three years' standing who have been admitted to degrees in the University; (e) Such fellows, members, licentiates, and asso- ciates of colleges or institutions outside the State, duly authorised to grant degrees, diplomas, licenses, or certificates, as may under the Statutes be admitted to be members of the Oouncil ; (I) All individual persons who have made any gift or donation to the University amounting in money or value in the aggregate to not less than five hundred pounds; and (u) Such persons as the Governor in Oouncil may, from time to time, appoint as representatives of any commercial, industrial, scientific, professional, or educational society, institu- tion, or association within Queensland: ' ... "

9464 BDUC.<t nON. Universit.lJ oJ Queensland. 9 Bow. VIT. No. 7, Provided that not more than one person shall at allY one time hold office as representa- tive of anyone of the aforesaid societies, institutions, or associations: And provided that no person who- (a) Has been convicted of an indictable offence, unless he has received a free pardon or has undergone the sentence passed upon him; or (b) Is undergoing a sentence of im- prisonment; 01' (c) Is an immne person within the meaning of the laws in force for the time being relating to insanity; shall be capable of being or continuing a member of' the Council. (2.) A graduate of another University who is admitted to a degree in the University shall reckon his standing from the date of his graduation in such other University. (3.) Until the Council is constituted, the Senate shall cause to be kept a roll of all persons who are entitled to become members of the Council, and thereafter shall cause to be kept a roll of all members of the Council. (4.) As soon as the graduates of the University as aforesaid are twenty-five in number, the Senate shall report the fact to the Secretary for Public Instruction. rrhe report shall be published in the Gazette, and the Council shall be deemed to be constituted on the date of such publication, and its first meeting shall be held within sixty days thereafter. . (5.) At its first meeting held after the date of its constitution, and thereafter at its first meeting held after the first rruesday in 1\;I2.rch in every year, the Council shall elect one of'its members to be its Warden. (6.) As soon as the graduates of the University as aforesaid are fifty in number, the Senate shall report the fact to the Secretary for Public Instruction,. and such report shall be published in the Gazette. Appointment and Election of Senate. o Aan f pdSpeoenilenacttemti. oennt bers 1 o 2 f . t(h1e. ) SWenhaetne thsehaClloubneciel leisctceodnsatintduteadp, ptohinetemdemas- hereinafter provided. (2.) Elections of members of the Senate shall be conducted by ballot (including postal ballot) in accordance with the Statutes

EDUCATION. 9465 1909. Unirel'siip of Queensland. (3.) After the constitution of the Council and until the graduates of the University (exclusive of graduates of . other universities who have been admitted to such degree in the University) are fifty in number, the Council shall be entitled to elect five members of the Senate, and the remaining fifteen members of the Senate shall be appointed by the Governor in Council. (4.) As soon as the graduates of the University as aforesaid are fifty in number, the Council shall be entitled to elect ten members of the Senate, and the remaining ten members of the Senate shall be appointed by the Governor in Council. (5.) The members of the Senate to be elected and appointed as hereinbefore provided shall hold office for such time as the Governor in Council may prescribe, and shall retire from office in such numbers and in such rotation as he may prescribe. (6.) The election' of members of the Senate by the Council shall be held at such time as the Governor in Council may prescribe. (7.) The Governor in Council may, from time to time, by Order in Council published in the Gazette, prescribe all such matters and things and give all such directions as, in his opinion, are necessary for giving full effect to this section; and every such Order shall have the same effect as if it were enaCted in this Act. Vacancies. 13. rrhe office of member of the Senate shall be When office vacated- is vacant. (i.) If he is or has become disqualified under this Act; or (ii.) If, without leave obtained from the Senate in that behalf, hc has been absent from all meet- ings of the Senate held during a consecutive period of at least six months; or (iii.) Upon death or resignation. 14. (1.) Any vacancy which occurs in the office of Extra- Chancellor, Vice-Chancellor, or 1Varden, from any cause ordina:y whatsoever except retirement as prescribed, shall be filled vacanCIes. as it occurs by election; and if any such vacancy is not so filled within three months after it occurred, then it shall be filled by the Governor in Council by the appointment of some qualified person to the office.

9466 EDUCATION. University of Queensland. 9 Eow. VIr. No. 7, (2.) After the date of the constitution of the Council, any vacancy which occurs in the_Senate, from any cause whatsoever except retirement as prescribed, shall be filled as ~ t occurs by the appointment hy the Governor in Council of ,mother member, or in the case of an elected member by the election by the Council of another member; and if in the latter case any such vacancy is not so filled within three months after it occurred, then it shall he fiHed bv the Governor in Council hy the appointment of a membe;. (3.) Upon the occurrence of a vacancy to which this section applies, the person appointed or elected to fill such vacancy shall he deemed to have been appointed or elected at the same time as the person whom he succeed~ in office. Officers may 15. :K othing herein contained shall prevent any be re·elected. person from being immediately or at any time reappointed or re-elected to the office of Chancellor, Vice-Chancellor, Warden, or member of the Senate, if he is capable for the time being, under this Act, of holding such office. Powers of Senate. Powers of Senate. 16. The Senate shall be the governing hody of the University. Subject to this Act and the Statutes, the Senate may from time to time appoint deans, professors, lecturers, examiners,and other officers and servants of the University, and shall have the entire management and control of the affairs, concerns, and propcrty of the University, and may act in all matters concerning the University in such manner as appears to it best calculated to promote the interests of the University. pJ·oceedings. Chairmanship 17. (1.) At every meeting of the Senate the Chan- C~ ~: : s~ e and cellor or, 'in his absence, the Vice-Chancellor shall preside as chairman. (2.), At every meeting of the Council the Warden shall preside as chairman. (3.) In the absence of the Chancellor and Vice- Chancellor, the members of the Senate present, and in the absence of the \Varden the members of the Council present, shall elect a chairman of the meeting. Proceedings 18. No proceedings of the Senate or Council, or of b w e hen not to any committee thereof, or of any person acting as member invalidated. or as Chancellor or Vice-Chancellor or Warden, shall be

EDUCA'l'ION. 9467 IDOl). Universil.yof Queensland. invalidated by reason of any defect in the appointment or of any disqualification of any such pet'son or by rea·son of there being any vacancy in the number of members of the Senate at the time of such proceedings. Instruction: J)egrees: Excttninations. 19. Subject to this Act and the Statutes, the Senate Powerto give mav • cause instruction to be b O'iven to 'stude ' nts whether iannsdtruo-crtainotn matriculated or not, and may grant degrees, diplomas, and degr~ es. certificates, in any branch of knowledge, and may also confer honorary degrees or other distinctions on approved persons: Provided that all degrees and other distinctions shall be conferred and held subject to any provisions which may be made in reference' thereto by the Statutes. 20.(1.) At all times in the University there shall be Oerta~ n maintained • and i • nstruction shall be . given in at least the m fac a ~ m lt t l a r: m s e to d. b8 three followmg facultIes-namely, ( et) Faculty of Arts; (b) Faculty of Science; and (c) Faculty of Engineering; Provided that the Senate. may, by Statute approved by the Governor in Council, from time to time abolish any of the said faculties or provide faculties in addition to the then existing faculties. (2.) There shall be granted by the University a Diploma in Diploma of Education to such persons as, under the Statutes, Education. are from time to time entitled to receive the same. (3.) Provision shall bp, made by the Statutes for Evening giving instruction in the evening as well as in day time. lectures. (4.) Trovision shaH be made by the Statutes for the Non-resident granting after examination of degreFs and t he diploma of stndents. education to persons engaged in the profession ()f teaching or other persons in cases. where such teachers or other persons are unable to attend lectures at or in connection with the University. ' 21. The Senate shall allow such persons training Stll:d~nts of for the position of teacher as may from time to time be ~ ~ ~ l: ~ lsgand approved by the Governor in Council to attend, for the others to purpose of graduating in Arts or Science or obtaining the f! ~ ~ ~ ~ es on Diploma of Education, the University lectures for the arts or science period required for such graduation or diploma without free_ the payment of any fees, provided that such persons have previously passed the entrance examination prescribed by the Statute.s.

9468 EDUCATION. University of Queensland. !) Enw. VII. No. 7, PUbli.o . 22. Subject to this Act and the Statutes, the Senate exammations. may cause public examinations to be held for testing the proficiency of such candidates as may present themselves for examination in any branch or branches of knowledge, and may grant certificates of proficiency to candidates who successfully pass such examinations. DShoeunltdaietcesetrootfain to re 2 q 3 ui . reWahnyenpaeurysopnubtolicsuabumthitortiotyains eemxapmowinearteidonbyaslatwo examinations. his proficiency in any branch or branches of knowledge, or to produce evidence of such proficiency as a condition of obtaining any appointment, scholarship, or other reward of merit, or of being admitted to any profession, calling, or office, the Governor in Council may require the Senate to undertake the examinations of persons desiring to submit themselves for examination in such branch or branches of knowledge, and the Senate shall cause such examinations to be held accordingly. The Senate may make Statutes. Statutes. 24. The Senate may from time to time make, alter, and repeal Statutes with respect to all or any of the following matters, that is to say- (1) The management, good government, and discip- line of the University; (2) The use and custody of the common seal; (3) The method of election of members of the Senate by the Council; (4) The manner and time of convening, holding, and adjourning the meetings of the Senate and Council; the quorum of and voting at such meetings; the powers and duties of the chair- man thereof; the conduct and record of the business; the appointment of committees of the Senate and Council, and the quorum, powers, and duties of such committees; (5) The resignation of members of the Senate and of the Chancellor or Vice-Chancellor of the Senate or Warden of the Council; (6) The number, stipend, manner of appointment and dismissal of deans, professors, lecturers, examiners, and other officers and servants of the University; (7) The matriculation of students;

:EDUCAl'ION. 1£0), U111'versily of QUfien, ~ l( l' J1d. (5) '1'he times, places, and manner of holding lectures, classes, and examinations, and the number and character of such lectures, classes, and examinations; (9) The promotion and extension of University teaching; (10) The granting of degrees, diplomas, certificates, and honours; (11) '1'he conditions upon which degrees, diplomas, cel'tificates, and honours may he granted to non-resident students; (12) The granting of fellowships, scholarships,. exhibitions, bursaries, and prizes; (13) The admission of students of other Universities to any corresponding status or of graduates of other Universities to any corresponding degree or diploma without examination; (14) The admission as members of the Council of any fellows, meIn bel'S, licentiates, or associates of colleges or institutions outside the State duly authorised to grant degrees, diplomas, licenses, or certificates; (15) The fees to be paid for examinations, for the granting of degrees, diplomas, and certificates, and for attendance at the lectures and classes of the University; (16) The establishment, management, and control of libraries and museums in connection with the University; (17) 'rhe licensing and supervision of boarding- houses intended for the reception of students,. and the suspension or revocation of such licenses; (18) 'rile affiliation to or connection with the University of any educational establishment wheresoever sitl,mtecl, to which the governing body of such educational establishment may consent; (19) 'rile control and investment of the property of the University; (20) Providing for ~ scheme of superannuation for the salaried teachers and officers of the TJ ni- versit.y upon retirement; (21) Generally, all other matters authorised by this Act. 9469

9470 EDUCAl'ION. University of Queensland. 9 Enw. VII. No. 7, 1900. Sp G tu a ab z tlu e is t t t eh e se . dto in be with 2 t 5 h . e ( c 1 o .) mm: EovneryseSatla, tuantedwshheanll abpeprtorvaendsmshiattlel dbetoseatlheed Secretary for ~ ) ublic Instruction for the approval of the Governor in Council, and upon being so approved shall be published in the Gazette. It shall thereupon have the force of law. (2.) Copies of every such Statute shall be laid before both Houses of Parliament forthwith, if then sitting, and if not then f'itting, within fourteen days after the commence- ment of tho next ensuing session. If either House of Par- liameIit within the next subsequent thirty clays resolves that any sHch Statute ought to be annulled in whole or in part, such Statute or part thereof shall, after the date of I'lllch resolution, be of no effect, without prejudice to the validity of anything done in the meantime under the provisions of such Statute. (3.) The production of a copy of a Statute under the common seal, or of the Gazette containing a copy of the same, shall, in all proceedings, be sufficient evidence of the Statute. Revenue. Endowmen4;. . 26. During each of the seven years commencing upon such day as shall be designated in that behalf by the Governor in Council by notification in the Gazette, there shall be paid to the Senate out of the Consolidated Revenue, ·which is hereby appropriated for the purpose, the annual sum of ten thousand pounds for the purpose of defraying the charges and eXl)enses connected with the establishment, management, and control of the University; and after such period of seven years, there shaH be paid to the Senate Jut of the Consolidated 1tevenue in each year such sum as shall be appropriated by Parliament for the purposes of the University. Revenue. 27. All fees and all other moneys received by the Senate under this Act or otherwise shall be applied by the Senate solely for the purposes of the University. General. Sena/;<) to roport 28. 'l'he Senate shall, in the month of January in annually to each year, transmit to the Governor in Council a repo~ · t of i t n he C G O o ll v nc e i m l. or the proceedings of the University during the previous year, and such report shall contain a tl'Ue and detailed account of the income and expenditure of the University duriug such period, audited in such manner as the Governor in Council m~ y direct.

EDUCATION.- JUSTICES. 9471 9 Enw. VII. No. 11, Hl09. Jus/ices Act Amendment Act. A copy of every such report shall be laid before both Houses of Parliament. 29. No religious test slJall be administpred to any No religious P erson in o • rder to entitle him to he admitted as a student a teds ll t U ~ l ~ lls b e t l e 't . . _ ' _ U , of the U mversity, or to hold office therein, or to graduate thereat, or to enjoy any benefit, advantage, or privilege thereof. . No Statute made for the affiliation of educational establishments with the Ulliversity, or for the licensing of hoarding-houses for the reception of students, shall affect any religious observance or regulation enforced in any such educational establishment or boarding-house. 30. This Act, and all the henefits, advantages, and Act to apply privileges of the U nivel'sity, shall extend to women equally to both sexes. with men. JUSTICES. An Act to Amend" The Justices Act of 1886." 9 E N dw o. . l1 V . II. [ASSENTED 1'0 28RD DECEMBER, 1909.J THE B . E it enacted by the King's Most Excellent Majesty, J: ! ~I~ ~~ ! .C: bv and with th0 advice and consent of the Lea ~ -is- Acr OF 1909. lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as "'l'lte JusticesAct Shorttitleand Amendment Act ollg0~ ' , " and shall be read as one with ~ ~~ ~ ~~ ction " The Justices A ct of 1886," * herein referred to as the Principal Act. 2. (l.) Notwithstanding anything contained in the In ~ hat cases P rl·nC. . Ipa1 1A:\"c. otr ' In any other A1: \"C , tno" J lIstlCe oth er tllan PMoallgeiestrate to a PolIce.M ag~ : tr~ te sha11- . " . . . .... ~ ~ S~ W' \ 902, (1.) '" ltlun the Petty SesstOns DIstrIcts of BrIsbane, No. 27. ~ . 13. South Brisbane, Ipswich, 'l'oowoomba, Gympie, . vYanvick, Maryborough, Bundaberg, llock- hampton, Townsville, Charters Towers, or Cairns; or (ii.) vYithin any Petty Sessions District to which this section mav be extended from and after the expiration ~f thirty days from the day on which such extension takes effect and until such extension is revoked; when a Police Magistrate is present to constitute a, court, sit either with such Police :Magistrate or with aliy other * 50 Vie. No. 17, supra, page 1030.