University of Queensland Acts Amendment Act of 1957 (6 Eliz Ii No. 8) (Qld)

32 CROWN—EDUCATION. University of Queensland Acts, Etc,, Act. 6 E liz . II. No. 8, CROWN. 5 N E o l . iz 2 . 1I. I. An Act to Amend “The Crown Remedies Acts, 1874 T he C rown R emedies A cts to 1930/’ in a certain particular. A mendment A ct of 1956. [A ssented to 23 rd N ovember , 1956.] E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of tbe Legis­ lative Assembly of Queensland in Parliament assembled, and by tbe authority of the same, as follows:— Short title. 1. (1.) This Act may be cited as “ The Crown Remedies Acts Amendment Act of 1956.” Principal (2.) *“* * Th § e Crown Remedies Acts , 1874 to 1930,” are Act. in this Act referred to as the Principal Act. Collective (3.) The Principal Act and this Act may be title. collectively cited as “ The Crown Remedies Acts, 1874 to 1956.” Amendment 2. Section 2 a of the Principal Act is amended by of s. 2 a . repealing therein the word “ fifty ” and by inserting in lieu thereof the words “ six hundred ”. EDUCATION. 6 E N l o i . z . 8. II. An Act to Amend “ The University of Queensland U niversity Acts, 1909 to 1941,” in certain particulars. of Q ueensland A cts [A ssented to 11 th A pril , 1957.] A mendment A ct of 1957. E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lative Assembly of Queensland 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 Queensland Acts Amendment Act of 1957.” Principal (2.) j-“ The University of Queensland Act of 1909 ” Act. (as amended by +“ The University of Queensland Act Amendment Act of 1922,” §“ The Financial Emergency * 38 V. No. 13 and amending Act. t 9 E. 7 No. 7. t 13 G. 5 No. 18. § 22 G. 5 No. 1.

1957. EDUCATION. University of Queensland Acts, Etc., Act. 33 Act of 1931,” and *“ The National Education Co-ordination and The University of Queensland Acts Amendment Act of 1941 ”) is in this Act referred to as the Principal Act. (3.) The Principal Act and this Act may collectively Cojieotive be cited as “ The University of Queensland Acts , 1909 <otlte' 1957.” f2. Except as herein otherwise provided, this Act Commence- shall come into force on a date to be fixed by the“®“tofthls Governor in Council by Proclamation published in the Gazette. 3. Subsection one of section four of tbe Principal Amendments Act is amended— °f8‘ 4(1)‘ (i.) By repealing therein all words commencing with and including the words “, consisting of a Senate, a Council, and Graduate and Undergraduate Members ” to the end of that subsection; (ii.) By lettering that subsection as so amended as paragraph (a) of subsection one of the said section ; and (iii.) By adding to that subsection the following paragraph:— “ ( b ) Upon and from the commencement of The University of Queensland Acts Amendment Act of 1957,” The University of Queensland (being the University established at Brisbane pursuant to this Act) shall consist of a Senate, a Council, the academic sjtaff, and graduate and undergraduate members.” | 4. Section five of the Principal Act is repealed. ^P®al of 5. Section six of the Principal Act is amended Amendment by inserting therein after the words “ and such institution ° s' ' when established ” the words “, subject to the conditions relating to such affiliation prescribed for the time being by the Statutes,”. * 5 G. 6 No. 6. f Not proclaimed in force when this Sessional Volume went to press, X This Act. I B

34 EDUCATION. University of Queensland Acts, Etc., Act. 6 E liz . II. No. 8, Bepeal of 6. Section seven of the Principal Act is repealed and new s. 7, and the following section is inserted in lieu of that repealed section:— Constitution “ [7.] (2.) The Senate shall consist of twenty-seven oSfenthaete. persons being respectively— (i.) The following members ex officio :— (a) The Director-General of Education for the time being; (b) The Vice-Chancellor for the time being of the University ; and (c) The President for the time being of the Professorial Board of the University ; (ii.) One member of the staff of the University to be elected by the Staff Association of the University ; (iii.) Fourteen persons to be appointed by the Governor in Council; and (iv.) Nine persons to be elected by the Council but so that there shall not at any time be included in the members elected by the Council— (a) More than two full-time members of the teaching staff of the University; or (b) More than three full-time members of the . teaching staffs of any secondary schools, technical schools, or similar educational institutions. • (2.) (a) Whenever the Director-General of Education is prevented by absence, illness, or other cause whatever from performing his duties as a member of the Senate, the Governor in Council may appoint some fit and proper person to act as a member of the Senate in the place of the Director-General of Education during such time as the Director-General of Education is so prevented from performing such duties, and the person appointed while so acting shall have and may exercise all of the powers, functions, and authorities, and shall perform all the duties of a member of the Senate. (b) The fact that a person appointed to act as a member of the Senate in the place of the Director-General of Education, has exercised any power, function, or authority, or performed any duty of a member of the Senate shall, until the contrary is proved, be conclusive

EDUCATION. 35 1957. University of Queensland Acts, Etc., Act. evidence that that person lawfully exercised that power, function, or authority, or performed that duty, as the case may be. (3.) A person appointed at any time by the Senate to act in the place of the Vice-Chancellor of the University or of the President of the Professorial Board of the University shall while so acting also act as a member of the Senate in the place of the Vice-Chancellor of the University or of the President of the Professorial Board of the University, as the case may be, and while so acting shall have and may exercise all of the powers, functions, and authorities, and shall perform all the duties of a member of the Senate. (4.) Notwithstanding the provisions of subsection one of this section, the Senate as constituted immediately prior to the commencement of *“ The University of Queensland Acts Amendment Act of 1957,” shall continue to be the Senate of the University until the last moment of such date as may be fixed by the Governor in Council by notification published in the Gazette, and every member of the Senate in office immediately prior to the commencement of *“ The University of Queensland Acts Amendment Act of 1957,” may, subject to the disqualifications from office imposed by this Act, continue in his respective office (notwithstanding that by so continuing he retains office for longer than the time prescribed for the holding of that office) until that moment when he shall, unless he is a member ex officio of the Senate, retire from office but shall, subject to this Act, be eligible for re-appointment or re-election to the reconstituted Senate. The Senate as continued by this subsection may exercise, take, and do under, subject to, and in accordance with this Act all such powers, functions, authorities, steps, and things as may be exercised, taken, and done by the Senate by virtue of this Act.” 7. Section eight of the Principal Act is repealed and Repeal of the following section is inserted in lieu of that repealed and new s' 8' section :— “ [5.] (1.) Subject to this Act, members of the Term of Senate other than members ex officio shall retire from Ambers of office in such numbers and in such rotation as may be the Senate ____ ;_________________________________ ________ __ _____________________ ______ other than * This Act. the members ex officio.

36 EDUCATION. University of Queensland Acts, Etc., Act. 6 E liz . II. No. 8? prescribed by the regulations and every such member shall hold office until the time of his retirement and be eligible for re-appointment or re-election thereto. (2.) The office of any member of the Senate other than a member ex officio shall— (i.) Commence on the date of his election or appointment thereto; and (ii.) Subject to this Act, become vacant at the time when he is required by this Act to retire from office. (3.) Elections of members of the Senate by the Council shall be held at such times and in such manner as may be prescribed.” Repeal of 8. Section nine of the Principal Act is repealed and and new s. 9. the following section is inserted in lieu of that repealed section:— Vacation of “ [9.] (f.) The office of a member of the Senate office by other than a member ex officio shall become vacant if mtheemSbeenrasteof such member— . other than members (i.) Dies or becomes, within the meaning of the ex officio . laws in force for the time being relating to mental sickness, mentally sick ; or (ii.) Becomes bankrupt or compounds or makes an arrangement with his creditors, or otherwise takes advantage of the laws in force for the time being relating to bankruptcy ; or (iii.) Resigns his office by writing under his hand delivered to the Chancellor ; or (iv.) Is convicted of an indictable offence or is sentenced for any offence to imprisonment without the option of a fine ; or (v.) Is absent without leave obtained from the Senate in that behalf from all meetings of the Senate held during any period of six months and of which due notice has been given to him. (2.) In addition to the disqualifications from office imposed by subsection one of this section, a person who is not of the full age of twenty-one years shall be incapable of being or continuing a member of the Senate.

EDUCATION. 37 1957. University of Queensland Acts, Etc., Act. (3.) A person who, in relation to an offence for which he was convicted, has received a free pardon may be appointed or elected as a member.” 9 . Section ten of the Principal Act is repealed and Rep®41 of the following section is inserted in lieu of that repealed s. 10. section:— “ [10.1 (1-) (a) At its first meeting held after the Appoint- first Tuesday in March in every year the Senate shall elect two of its members to be Chancellor and Deputy Deputy ’ Chancellor, respectively, each of whom, subject to this Act, shall hold his respective office until the first meeting Chancellor, of the Senate held after the first Tuesday in March of the next following year and be eligible for re-election. ( b ) The Chancellor and the Deputy Chancellor of the University holding office immediately prior to the commencement of *“ The University of Queensland Acts Amendment Act of 1957,” may continue, subject to this Act, in office until the first meeting of the Senate held after such date as may be fixed by the Governor in Council under subsection four of section seven of this Act and, subject to this Act, shall be eligible for re-election ; and the Senate at that first meeting shall elect two of its members to be Chancellor and Deputy Chancellor, respectively, each of whom shall hold his respective office until the first meeting of the Senate held after the first Tuesday in March next following and be eligible for re-election. (2.) The Deputy Chancellor may act in the office of Chancellor during such time as the Chancellor is prevented by absence, illness, or other cause whatever from performing the duties of his office or during such time as a vacancy exists in the office of Chancellor and while so acting shall have and may exercise all the powers, functions, and authorities, and shall perform all the duties of the Chancellor. (3.) If at any time, both tbe Chancellor and the Deputy Chancellor are unable or unwilling to act as Chancellor, the Senate may appoint one of its members to act as Chancellor during such time or for such purposes as the Senate may determine and the person so appointed, during that time or for those purposes, as the case may * This Act.

38 EDUCATION. University of Queensland Acts, Etc., Act. 6 E liz . II. No. 8, be, shall have and may exercise all the powers, functions, and authorities, and shall perform all the duties of the Chancellor. (4.) (a) There shall be a Vice-Chancellor who shall be the chief administrative officer of the University. (6) The Senate shall appoint the Vice-Chancellor on such terms and conditions as it may determine and the Vice-Chancellor shall hold his office subject to this Act and the terms and conditions as so determined or as modified for the time being by the Senate (the Senate being hereby empowered to modify from time to time such terms and conditions as it thinks fit). The appointment of a Vice-Chancellor, the terms and conditions of such an appointment, or any modification of the terms and conditions of such an appointment shall be subject to confirmation by the Governor in Council, and shall not be effective unless and until so confirmed. ” Kepeal of 10 . Section eleven of the Principal Act is repealed as.nd11n. ew and the following section is inserted in lieu of that repealed section :— Constitution of the Council. “ [11.] ( 1 .) The Council shall consist of— (i.) All members and past members of the Senate ; (ii.) All persons who have been admitted to a Degree in the University; (iii.) Such members of the academic staff of the University, not being graduates of the University, as the Senate may from time to time determine ; (iv.) Heads of Colleges which are from time to time declared by the Statutes to be University Colleges, and such superior officers of the University as the Senate may from time to time determine ; (v.) Such fellows, members, licentiates, and associates 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 Council;

EDUCATION. 1957. University of Queensland Acts, Etc., Act. (vi.) AH 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 (vii.) Such persons as the Governor in Council may, from time to time appoint to be members • of the Council as being respectively . representative of any commercial, industrial, scientific, professional, or educational society, institution, or association within Queensland: Provided that not more than one person shall at any one time be a member of the Council as representative of any one of the aforesaid societies, institutions, or associations. (2.) NO person Who---- Disquali- x fications (i.) Is a mentally sick person within tbe meaning fro“ ,. p i *1 i • p ii i ♦ i• i ■§ IXIUIUUcISliip of the laws m force for the time being relating 0f the to mental sickness ; or Council. (ii.) Is convicted of an indictable offence or is sentenced to imprisonment without the option of a fine, shall be capable of being or continuing a member of the Council: Provided that a person who, in relation to an offence for which he is convicted, has received a free pardon may be appointed or elected as a member. (3.) (a) At its first meeting held after [the first Warden. Tuesday in March in every year the Council shall elect one of its members to be its warden who, subject to this Act, shall hold office as such until the first meeting of the Council held after the first Tuesday in March of the next following year and be eligible for re-election. (b) If at any time the warden is unable or unwilling to act as such, the Governor in Council may appoint a fit and proper person to act as warden of the Council during such time or for such purposes as the Governor in Council may determine and the person so appointed during that time or for those purposes, as the case may be, shall have and may exercise all the powers, functions, and authorities, and shall perform all the duties of tbe warden of the Council.” ;

40 EDUCATION. University of Queensland Acts, Etc., Act. 6 E liz . II. No. 8, Bas. ned1p2enaaelnwodf head1no1t.e Sthecetrieotno tawreelrveepeoafletdheanPdrtihnceipfoallloAwcint gansedcttiohne headnote. and headnote are inserted in lieu thereof— “ Advisory Committees. ACdomvimsoirtytees. provi[s2i2o.n], ( b2y. ) STtahteuSteenoarteotmhearywifsreo, mfortimthee teostatibmlieshmmaeknet of advisory committees to be respectively established for such purposes, upon such terms, and with such duties as the Senate may, either generally or to meet the particular case, consider advisable. Every such advisory committee shall be constituted and appointed as provided, either generally or to meet the particular case of that advisory committee, by the Senate and may include persons otherwise unconnected with the University. (2.) Tbe Senate may refer any subject or matter to any such advisory committee for its advice to the Senate thereon.” Bepeal of 12. Section thirteen of the Principal Act and the hs.ea1d3naontde headnote thereto are repealed. thereto. Amendment 13. Section fourteen of the Principal Act is of s. 14. amended (i.) By repealing in subsection one of that section the word “ Vice-Chancellor,” ; (ii.) By repealing subsection two of that section and by inserting, in lieu of that repealed subsection, the following subsection :— “ (2.) Any vacancy which occurs in the Senate from any cause whatsoever except retirement as prescribed and otherwise than in relation to a member thereof ex officio shall be filled as it occurs in the same manner as in the case of the member who caused that vacancy: Provided that in the case of a member to be elected by the Council, if the vacancy is not filled within three months of its occurrence it may be filled by the Governor in Council by the appointment of a member to fill that vacancy, and the person so appointed shall hold his office as if he had been so elected.” ; and

EDUCATION. 41 1957. University of Queensland Acts, Etc., Act. (iii.) By repealing subsection three of that section and by inserting, in lieu of that repealed subsection, the following subsection :— “ (3.) Any person appointed or elected to fill any vacancy in this section referred to shall hold office only for the residue of the term of office for which the person who caused that vacancy had been appointed or elected, as the case may be.” 14 . Section fifteen of the Principal Act is amended Amendment by repealing therein the word “ Vice-Chancellor,”. of s' 15i 15. The following section, numbered 16 a , is inserted New s. isa . after section sixteen of the Principal Act:— “ [26 a .] For the purpose of supplementing the Association teaching, research, and other activities of the University, the Senate may from time to time cause the affiliation or with the association with the University of any establishment or University, institution or body on such terms as are mutually agreed upon by the Senate and the governing authority of such establishment, institution, or body.” 16. Section seventeen of the Principal Act is Repeal of repealed and the following section is inserted in lieu of “Anew that repealed section :— 8> ' “ \17.1 (1.) (a) The Chancellor shall preside at allchairman- meetings of the Senate at which he is present. ship- (b) If the Chancellor is absent from any meeting of the Senate the Deputy Chancellor shall preside at the meeting, and if the Chancellor and the Deputy Chancellor are both absent, then the person appointed pursuant to subsection three of section ten of this Act to act as Chancellor shall so preside or, if no person has been so appointed to act as Chancellor, then the members present shall elect from their number a person to preside at the meeting during the absence of the Chancellor and the Deputy Chancellor and the person so elected shall so preside. (2.) (a) The warden shall preside at all meetings of the Council' at which he is present. (6) If the warden is absent from any meeting of the Council, then the person appointed pursuant to paragraph (6) of subsection three of section eleven of this Act to act as warden shall so preside or, if no person has been so appointed to act as warden, or the person so appointed is also absent from the meeting, then the

42 EDUCATION. University of Queensland Acts, Etc., Act. 6 E liz . II. No. 8, members present shall elect from their number a person to preside at the meeting during the absence of the warden or, as the case may be, person so appointed and the person so elected shall so preside.” Repeal of 17. Section eighteen of the Principal Act is repealed aa.nd18n. ew and the following section is inserted in lieu of that repealed section :— Validity of “ [iS.] The validity of the proceedings of or of pArco.c, eoefdings, the acts done by the Senate or the Council or any Senate, &c. committee of the Senate or of the Council, and the validity of any acts done by any person acting as chairman or as a member of the Senate or the Council or any committee as aforesaid, or done by the Chancellor, Deputy Chancellor, or warden or by any person acting as Chancellor, Deputy Chancellor, or warden, shall not be affected by reason of there being any vacancy in the number of members at the time, or by reason of any error or defect in the appointment or election of, or of any disqualification of, any person as aforesaid.” Repeal of and new a. 20. Faculties. 18. Section twenty of the Principal Act is repealed and the following section is inserted in lieu of that repealed section:— “ [20-] (1-) Within the University there shall be maintained and instruction shall be given in the following faculties :— (i.) Faculty of Arts ; (ii.) Faculty of Science; (iii.) Faculty of Engineering ; (iv.) Faculty of Commerce and Economics; (v.) Faculty of Agriculture ; (vi.) Faculty of Law ; (vii.) Faculty of Dentistry ; (viii.) Faculty of Veterinary Science ; (ix.) Faculty of Medicine; (x.) Faculty of Education; ' . (xi.) Faculty of Architecture : Provided that the Senate may, by Statute approved by the Governor in Council, from time to time abolish any of the said faculties or establish other faculties or otherwise vary the provision hereby made for the faculties within the University.

EDUCATION. 43 1957. University of Queensland Acts, Etc., Act. (2.) Instruction shall be given in the evening as well as in the day time in such of the courses of study offered to students as in the opinion of the Senate can properly be pursued by students unable to attend day time courses. (3.) Provision shall be made by the Senate whereby persons unable to attend classes at the University may be candidates for any degree, diploma, or other award for which the required course of study is such that in the opinion of the Senate it can be pursued without attendance at such classes. So far as may reasonably be done in the circumstances the Senate shall provide appropriate instruction to such candidates through correspondence tuition, local tutors, vacation schools, or otherwise.” 19 . The following section, numbered 20 a , isNews.20A. inserted after section twenty of the Principal Act:— “ [20 a .] ( 1 .) The Senate, by Statute approved by Recognition the Governor in Council, may from time to time provide— taken ®0*8 (i.) For the recognition, by the Governor in Council u^ersitjT at his discretion, in relation to any subject * or subjects included in any course of study of the University, of such schools or other educational institutions in Queensland as are considered to give a course of instruction or to conduct examinations or to give a course of instruction and conduct examinations of a standard equivalent to the standard of instruction given or the standard of examinations conducted, or to the standard of instruction given and the standard of examinations conducted, by the University in respect of the same subject or subjects ; and (ii.) For the granting, in relation to any subject or subjects included in any course of study of . the University, of exemption, to such extent as prescribed or as the Senate thinks advisable, from the requirements of the Statutes and the rules of students who have been given a course of instruction or passed the examinations conducted, or who have been given a course of instruction and passed

44 EDUCATION. University of Queensland Acts, Etc., Act. 6 E liz . II. No. 8, the examinations conducted, in the subject or subjects, by any school or other educational institution so recognised. (2.) The Governor in Council from time to time may call upon the Senate to cause inquiry to be made whether any school or other educational institution may be recognised for the purposes referred to in subsection one of this section, and thereupon the Senate shall cause such inquiry to be made and shall furnish to the Governor in Council a report thereon together with its recommendation as to any action that may be taken in the matter. The Governor in Council may have regard as he thinks fit to the report and recommendation, but shall not be bound thereby.”. Repeal of 20. Section twenty-one of the Principal Act is sa. n2d1n. ew repealed and the following section is inserted in lieu of that repealed section :— Concessions “ [21.] The Senate shall allow such persons who ttroapineirnsognfsor are training for the positions of teachers as from time to teaching time are approved by the Governor in Council, whether positions. approval is given to all persons belonging to a class of persons or in individual cases, and, who previously fulfil the entrance requirements prescribed by the Senate for those courses of instruction, to attend without payment the classes in the courses of instruction for degrees and diplomas in the Faculties of Arts, Science, and Education, and for the Diploma of Physical Education.” Amendment 21. Subsection one of section 23 a of the Principal of s. 23 a (l). Act is amended by repealing therein the word “ University ” and by inserting, in lieu of that repealed word, the word “ Senate ”. Amendments 22. Section 23c of the Principal Act is amended— of s. 23o. (i.) In subsection seven thereof by repealing . subparagraph (6); (ii.) In subparagraph (e) of subsection seven thereof by repealing the word “ Such ” and by inserting, in lieu of that repealed word, the words “ To perform such ” ; (iii.) In subsection nine thereof by repealing the words “ appertaining or relating to post-primary studies and examinations ” and by inserting, in lieu of those repealed words, the words “ within the province of the Board ”.

EDUCATION. 45 1957. University of Queensland Acts, Etc., Act. 23. Subsection two of section 23r of the Principal Amendments Act is amended by repealing therein subparagraphsofs' 23 f (2)' (iii.) and (iv.) and by inserting, in lieu of those repealed subparagraphs, the following subparagraph:— “ (iii.) Three representatives of the University who shall be nominated by the Senate and appointed by the Governor in Council; 24. Section 23i of the Principal Act is amended— ^e^“ents (i.) By inserting in subsection one thereof, after ’ ’ the word “ sections ”, the word “ eight ” ; (ii.) By repealing subsection two thereof; and (iii.) By renumbering as that section subsection one thereof. 25- The following section, numbered 23 j is New s. 2Z j inserted after section 23i of the Principal Act:— inserted. “ [ 23 j . ] (1.) (a) If a vacancy in an academic office, Appeals or a new academic office, in the employment of the promotions University is filled by the promotion of an officer and employed by the University or by the appointment of apumshment8, person not theretofore employed by the University, any other academic officer employed permanently and full time by the University who duly applied for that vacant office or new office, and who considers himself more entitled to that office than the officer or person promoted or appointed thereto may appeal as provided in the Schedule to this Act. ( b) If a vacancy in a non-academic office, or a new non-academic office, in the employment of the University is filled by the promotion of an officer employed by the University or by the appointment of a person not theretofore employed by the University, any other non-academic officer employed permanently and full time by the University who duly applied for that vacant office or new office, and who considers himself more entitled to that office than the officer or person promoted or appointed thereto may appeal as provided in the Schedule to this Act. (c) Such appeal may be made on the ground of superior efficiency or equal efficiency and seniority to the officer or person promoted or appointed. (2.) (a) Any officer or other employee > whose employment by the University is permanent ajnd full time and who for any offence under the Statutes has,

46 EDUCATION. University of Queensland Acts, Etc., Act. 6 E liz . II. No. 8, by or on behalf of the University, been punished by being dismissed, fined, disrated, reprimanded, or dealt with otherwise howsoever may appeal as prescribed in the Schedule to this Act. (b) Such appeal may be on the ground of innocence of the offence or excessive severity of the punishment. (c) In any appeal on the ground of excessive severity of the punishment, the Appeal Board shall take into consideration the previous record of the appellant. (3.) This section does not apply to the following offices, namely :— (i.) The office of Vice-Chancellor ; and (ii.) The office of Registrar, nor to the holders of those offices. Bepeal of and new s. 24. Statutes. 26. Section twenty-four of the Principal Act is repealed and the following section is inserted in lieu of that repealed section :— “ \24.~\ ( 1 .) The Senate may from time to time, with the approval of the Governor in Council, make, alter, and repeal Statutes not inconsistent with this Act for the carrying into effect of the several provisions, intentions, and objects of the Act, and generally for the control, management, good government, and discipline of the University. Without limiting the powers of the Senate in that behalf, the Senate may make, alter, and repeal Statutes with respect to all or any of the following matters, that is to say :— (i.) The use and custody of the common seal; (ii.) The method of election of members of the Senate by the Council; (iii.) The manner and time of convening, holding, and adjourning the meetings of the Senate and of the Council; the quorum of and voting at such meetings; the powers and duties of the person acting as chairman thereof; the conduct and record of the business; the appointment of committees of the Senate and of the Council, and the quorum, powers, and duties of such committees;

EDUCATION. 1957. University of Queensland Acts, Etc., Act. (iv.) The resignation of members of the Senate, the Chancellor, the Deputy Chancellor, the Vice-Chancellor, and the Warden of the Council; (v.) The number, appointment, termination of appointment, discipline (including the dismissal, suspension, and imposition of disciplinary punishments other than dismissal or suspension), and, subject to applicable awards or industrial agreements, the stipends or salaries or wages of professors, lecturers, examiners, and other officers and servants of the University ; (vi.) The matriculation of students; (vii.) The promotion and extension of University teaching and research; (viii.) The granting of degrees, diplomas, certificates, and honours ; (ix.) The conditions upon which degrees, diplomas, certificates, and honours may be granted to non-resident students; (x.) The granting of fellowships, scholarships, exhibitions, bursaries, and prizes; (xi.) 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; (xii.) The admission as members of the; Council of any fellows, members, licentiates, or associates of colleges or institutions outside the State duly authorised to grant degrees, diplomas, licenses, or certificates; (xiii.) The fees to be paid for examinations, for the granting of degrees, diplomas, and certificates, for attendance at the lectures and classes of the University, and for the use of University facilities ; (xiv.) The establishment, management, and control of libraries and museums in connection with the University; 47

48 EDUCATION. University of Queenslcmd Acts, Etc., Act . 6 E liz . II. No. 8? (xv.) The licensing and supervision of boarding­ houses intended for the reception of students, and the suspension or revocation of such licences; (xvi.) The affiliation, association, or connection with the University of any educational establishment wheresoever situated, to which the governing body of such education establishment may consent; (xvii.) The control and investment of the property of tbe University; (xviii.) The protection of the property of or under the control of the University from trespass or damage or misuse; (xix.) The regulation and control of access to and the use of land and buildings the property of or under the control of the University and of the conduct of persons thereon; (2.) A Statute may authorise the Senate to make rules for the carrying into effect of all or any of the provisions and objects of the Statute. (3.) A Statute may impose a penalty for breach of any provision or provisions thereof. (4.) Every penalty imposed by Statute may be recovered or enforced by complaint in a summary way under *“ The Justices Acts, 1886 to 1956.” ” Amendment 27. Section twenty-five of the Principal Act is of s. 25. amended by repealing in subsection two thereof the words “ both Houses of Parliament ” and the words “ either House of Parliament ” and by inserting, in lieu of those repealed words, in each case the words “ the Legislative Assembly ”. Amendment 28 . Section twenty-eight of the Principal Act is of s. 28. amended:— (i.) By inserting after the word “ year ” where it first occurs in that section the words “ or as soon thereafter as possible ” ; (ii.) By repealing the words “ both Houses of Parliament ” and by inserting, in lieu of those repealed words, the words “ the Legislative Assembly ”. * 50 V. No. 17 and amending Acts.

EDUCATION. 49 1957. University of Queensland Acts, Etc., Act. 29. (1.) Neither the commencement of this Act Savings, nor the reconstitution under and pursuant to this Act of the University shall affect— (i.) The continuity or the corporate identity of the University; or (ii.) The continuity, subject to the terms and conditions thereof or applicable thereto, of the office or employment of any officer or servant of the University ; (iii.) Any rights, titles, or interests, or any liabilities or obligations of the University or any legal proceedings commenced or pending by or against the University. (2.) Every educational establishment or institution affiliated immediately prior to the commencement of this Act with the University shall, subject to the Principal Act, as amended by this Act, and all Statutes for the time being in force, continue to be so affiliated. (3.) Nothing in this Act shall affect the continuity in office of the persons who immediately prior to the commencement of this Act respectively hold the office of Vice-Chancellor of the University or Warden of the Council, and each of those persons shall thereafter hold his office subject to the Principal Act, as amended by this Act, all Statutes for the time being in force, and the terms and conditions for the time being applicable to his appointment. (4.) The commencement of this Act shall not affect any Statutes, regulations, or rules made under the Principal Act and in force immediately prior to the commencement of this Act, to the extent that they are not inconsistent with the provisions of this Act, but they shall, to that extent, have the same effect as if this Act had been in force when they were made and conferred power to make them, and they had been made under the Principal Act as amended by this Act. 30. Subject to the provisions Of Subsection four OfExercise, for section seven and paragraph ( b) of subsection one ofp^^of section ten of the Principal Act and section twenty-eight powers,’&c., of this Act, for the purpose of carrying out any of the „, objects ot this Act immediately or as soon as may be commence- after the commencement of this Act, all such acts,“®“tofthis matters, and things may be done, all such steps may be

50 EDUCATION. University of Queensland Acts, Etc., Act. 6 E liz . II. No. 8, taken, and all such powers may he exercised after the passing of this Act and before the commencement hereof as may be done, taken, or exercised after the commencement of this Act, and for that purpose this Act shall be deemed to commence upon the passing hereof. Sohedule 31. The following Schedule is added to the added. Principal Act, namely :— “ SCHEDULE. Constitution 1. Every appeal shall be heard and determined by an Appeal of Appeal Board which shall be constituted for the purpose of hearing and Board. determining the particular appeal in question by— (a) A person who shall be appointed in the case by the Governor in Council; (ft) A representative of the University who shall be appointed in the case by the Senate or, if the Senate does not make the appointment earlier than fourteen days before the date of hearing, the Minister ; and (c) An appellant’s representative who shall be appointed in the case by— (i.) If the appellant is a member of an industrial union of employees, that union; (ii.) If the appellant is not a member of an industrial union of employees, the appellant, subject to his appointing a member of the Staff Association of the University where he is himself a member of that Association; or (iii.) If an appointment is not made pursuant to the provisions applicable in the case of subparagraphs (i.) and (ii.) of this paragraph (c), earlier than fourteen days before the date of hearing, the Minister. For the purposes of this Schedule the term “ Minister ” shall mean The Secretary for Public Instruction or other Minister of the Crown for the time being performing and exercising the duties, powers and authorities imposed or conferred on that officer. Chairman. 2. The person appointed by the Governor in Council shall be the chairman of the Appeal Board. Majority to 3. All powers of an Appeal Board may be exercised by a majority decide. of its members. Secretary. 4. The Minister shall appoint a person to act as secretary to the Appeal Board. Unsuccessful 5. As soon as practicable after a vacancy in an office, or a new applicants office, in the employment of the University (being such a vacancy natopotpbiofeiiendt­of horasnebweeonffifcielleind, retshpeecrtewgihsterraerofoafntuhnesuUcnceivssefruslitaypp( hliecraenint amftaeyr ainpptehails) ment. Schedule referred to as the “ registrar ”) shall notify every

EDUCATION. 51 1957. University of Queensland Acts, Etc., Act. unsuccessful applicant who is an employee of the University accordingly, giving the name of the appointee, date of appointment, and particulars of the seniority of the appointee comparatively with the unsuccessful applicant. 6 . As soon as practicable after an officer or employee who is Offender to entitled to appeal to an Appeal Board in respect of the punishment be notified for any prescribed offence imposed upon him by or on behalf of the University has been so punished, the registrar shall notify him ’ accordingly, stating the nature of the punishment. 7. Every appeal shall be in writing, shall clearly and concisely Lodging of set forth the grounds upon which the appeal is made, and shall be appeal, despatched to the registrar within fourteen days after the date when the appellant shall have been notified of the appointment or, as the case may be, punishment in respect whereof the appeal is made. 8. Upon receiving a notice of appeal, the registrar shall forward When the same to the Director-General of Education for submission to the ^PPeaI Minister for the purposes of having an Appeal Board constituted to ^^tituted hear and determine the appeal and a secretary thereto appointed. * 9. The chairman of an Appeal Board shall, as early as practicable Date for after his appointment to that Board, fix a date for hearing the appeal, hearing. 10. An Appeal Board may decline to hear or entertain an appeal Trivial or the grounds whereof are in the Board’s opinion trivial, frivolous, or frivolous vexatious. appeals. 11. The secretary to the Appeal Board shall give to the Notice of Senate, the appellant, and the industrial union of employees, if any, hearing, concerned not less than twenty-one clear days’ notice of the date and time when and the place where the appeal will be heard. 12. The registrar, shall, not less than fourteen days before the Notice of date fixed for hearing the appeal, notify the secretary to the Appeal appointment Board of the name and address of the person appointed by the Senate by Minister, under paragraph (6) of clause one of this Schedule. 13. The appellant or the industrial union of employee^ concerned Notice of shall, not less than fourteen days before the date fixed for hearing the aPPomt- appeal, notify the secretary to the Appeal Board of the name and ^^uant’s address of the appellant’s representative. representa- If the appellant’s representative is an employee of the University tlVe* he shall be granted leave of absence on full pay to enable him to act as such. 14. If an appellant wishes to withdraw his appeal, he shall notify Withdrawal the secretary to the Appeal Board at least three days before the date of appeal, fixed for hearing the appeal. 15. The University and the appellant shall supply the secretary Witnesses, to the Appeal Board with lists of the persons they respectively require to be subpoenaed by the chairman of the Appeal Board to give evidence at the hearing of the appeal.

52 EDUCATION. University of Queensland Acts, Etc., Act . 6 E liz . II. No. 8, Leave to be 16. Such leave of absence to employees of the University as is granted to necessary shall be granted on full pay to ensure the attendance w&ict.nesses, aonf dwittoneasdsems iwt hoof tahree raepqpueiarreadntcoe goifveofefivciedresnrceequbierfeodretoApapcetaalsBaogaerndtss, for appellants. Relative 17. Before proceeding to take evidence all papers and papers to be correspondence bearing on the decision appealed against shall be read, aavpapielallbanlet.for tohraotththerewUisneivmearsdietyamvaailyabwleithfohroltdhefroumse tohfethAeppaepapleBllaonart,d parnodvidthede appellant any papers, minutes, or correspondence, if for any reasons of public policy, of which the Minister shall be the judge, it is considered undesirable to produce them. Evidence to 18. All evidence shall be taken in the presence of the appellant, bpapreeptseaelknlaecnento.inf tbhuet aifpptheael aopnpseullcahntevfiadielsnctoe aasppiseaarvatihlaebAlep. peal Board may deal with Record of 19. The secretary to the Appeal Board shall convene all meetings proceedings. of the Board, and keep all records of proceedings and decisions in such manner as may be directed. Representa­ 20. In any proceedings before the Appeal Board the University tion. and the appellant may respectively be represented by counsel, solicitor, or agent duly appointed in writing in that behalf, who may examine witnesses and address the Appeal Board. Duty of Appeal Board. 21. (1.) The Appeal Board shall investigate in open court the appeal and transmit their decision thereon to the registrar. (2.) The Appeal Board shall make their inquiry without regard to legal forms and solemnities, and shall direct themselves by the best evidence they can procure or that is laid before them, whether the same is such evidence as the law would require or admit in other cases or not. (3.) The Appeal Board may, by their decision, determine that the promotion, decision, or recommendation appealed against be confirmed, set aside or varied in any specified manner. The decision of the Appeal Board shall be final and the University and all persons concerned shall give effect thereto. (4.) The provisions of *“ The Commissions of Inquiry Acts , 1950 to 1954,” shall apply to and with respect to any and every appeal and for the purposes of so applying the provisions of those Acts the members, and a majority of the members, of any and every Appeal Board shall be deemed a Commission under and within the meaning of those Acts duly appointed to make an inquiry with respect to the subject matter of the appeal. No appeal from Appeal Board. 22. Notwithstanding anything contained in any other Act, no appeal from a decision of an Appeal Board shall lie or be permitted to the Industrial Court constituted under f“ The Industrial Conciliation and Arbitration Acts, 1932 to 1955,” or to any other court or tribunal whatsoever, and no writ of prohibition or mandamus or certiorari shall lie in respect thereof. * 15 G. 6 No. 2 and amending Act. t 23 G. 5 No. 36 and amending Acts.

EDUCATION. 53 1957. University of Queensland Acts, Etc., Act. 23. Any witness, not being an employee of the University, Allowance to summoned on behalf of the University to give evidence before an witnesses. Appeal Board, shall be paid an allowance by the University upon Amount of the certificate of the chairman of the Appeal Board. Such allowance expenses, shall be a sum equal to the amount of salary or wages lost by the witness for the day or days of attendance at the hearing of the appeal or, if the witness is not in receipt of salary or wages, a sum which, in the opinion of the chairman, would be proper payment, taking into consideration the occupation of the witness, and the time lost in attendance. In addition to allowance for attendance, reasonable travelling Travelling expenses actually paid by a witness may be allowed, but not exceeding expenses, one shilling for every mile a witness resides from the place at which he is required to attend. 24. (I.) Except as herein provided, the University shall not Expenses of be responsible for travelling or other expenses of witnesses summoned a?PeHs^ 8 by or on behalf of the appellant. wi n . (2.) In the case of an appeal against promotion, the University shall not be responsible for travelling or other expenses of any witnesses summoned by or on behalf of the appellant, excepting where the appeal has been upheld by the Appeal Board, and the evidence of such witnesses was, in the opinion of the chairman of the Appeal Board, necessary and material. (3.) The University shall not be responsible for travelling or other expenses of any witnesses summoned by or on behalf of the appellant in an appeal in respect of an offence, excepting where the charge has been found to be not proved, and the evidence of such witnesses was, in the opinion of the chairman of the Appeal Board, necessary and material. 25. The secretary to the Appeal Board shall submit the claim Claims to be made by a witness for expenses to the chairman of the Appeal Board, submitted to who shall give his certificate as to attendance, and determine thec airman- amount to be allowed. 26. In cases where the appellant is successful, and the Appeal Expenses to Board considers that reasonable expenses or any part thereof should appellant, be paid to the appellant by the University, the chairman shall certify accordingly. 27. All expenses whatsoever payable by the University in University connection with an appeal and the expenses of the members of the to Pay Appeal Board, secretary, reporters, and others, shall be defrayed expenses* by the University. The chairman of the Appeal Board shall certify to the vouchers for expenses, and shall be responsible for their correctness. 28. (I.) For the purposes of appeals against promotions seniority Seniority, of one employee over another shall be determined according to the following rules:— (a) That employee whose position has the higher maximum salary shall be senior, and if such salaries are equal that employee who held for a longer period a position with that maximum salary shall be senior ;

54 EDUCATION. University of Queensland Ads, Etc,, Act. 6 E liz . II. No. 8, 1957. (b) If upon the first application of rule (a) neither employee is found to be senior to the other, the same rule shall be applied a second and, if necessary, any number of subsequent times to the maximum salaries of the positions held by such employees immediately prior to the period during which the employees were found on the preceding application of the said rule to have held positions with the same maximum salary and to the periods during which they held positions carrying such firstmentioned maximum salaries until one of such employees shall be found to be senior to the other or until the rule can be no longer applied ; (c) If thereupon neither employee is found to be senior to the other that employee having the longer period of service as a permanent and full-time employee of the University shall be senior ; and (d) If pursuant to the foregoing rules neither employee is found to be senior to the other the University shall determine upon such basis as it considers equitable which employee is senior. (2.) In determining, according to the rules prescribed by this clause, the seniority of an employee any interruption to the service of that employee with the University caused by service had by him with, or with any service forming part of, Her Majesty’s Naval, Military, or Air Forces shall not be taken into account but shall be deemed service with the University, and such employee shall not during or by reason thereof be prejudiced in respect of his right to promotion to fill a vacancy in an office, or a clerical office, in the employment of the University. This subclause does not apply to service with the permanent such forces as aforesaid. Efficiency, 29. The term “ efficiency ” shall mean special qualifications and aptitude which in the opinion of the University are necessary for the proper discharge of the duties of the position: to be filled, together with merit, diligence, and good conduct.”.