Australian Universities Commission Act 1959

Legislation au C1959A00030 Not in force Act

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AUSTRALIAN UNIVERSITIES COMMISSION.

No. 30 of 1959.

An Act to, establish an Australian Universities Commission.

[Assented to 7th May, 1959.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title.

1. This Act may be cited as the Australian Universities Commission Act 1959.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Definitions.

3. In this Act, unless the contrary intention appears—

“financial assistance”, in relation to a university established by the Commonwealth, includes assistance by way of the expenditure of moneys by the Commonwealth for the purposes of the university;

“member” means a member of the Commission, and includes an acting member of the Commission;

“the Chairman” means the Chairman of the Commission, and includes an Acting Chairman of the Commission;

“the Commission” means the Australian Universities Commission established by this Act;

“university” means a university within Australia, and includes an institution or proposed institution specified in a direction that is for the time being in force under the next succeeding section.

Certain institutions to be treated as universities.

4. The Minister may, by instrument under his hand, direct that this Act shall apply in relation to an institution or proposed institution in Australia specified in the instrument, being an institution or proposed institution for the provision of higher education (including a residential college connected with a university).

Establishment of Commission.

5.—(1.) There shall be a Commission by the name of the Australian Universities Commission.

(2.) The Commission shall consist of a Chairman and such other members, not being less than two in number nor more than four in number, as are appointed from time to time.

(3.) The members of the Commission shall be appointed by the Governor-General.

(4.) The Chairman shall be appointed for a term not exceeding seven years and each other member shall be appointed for a term not exceeding three years.

(5.) A member is eligible for re-appointment.

(6.) The performance of the functions of the Commission is not affected by reason only of there being a vacancy in the office of a member.

Acting members.

6.—(1.) In the event of the inability of a member (whether on account of illness or otherwise) to attend meetings of the Commission, the Minister may appoint a person to be an acting member during that inability, and the person so appointed has all the powers and functions of a member.

(2.) In the event of the inability of the Chairman (whether on account of illness or otherwise) to attend meetings of the Commission, the Minister may appoint a member to be the Acting Chairman of the Commission during that inability.

(3.) The appointment of a person as an acting member or as Acting Chairman may be terminated at any time by the Minister.

Remuneration.

7.—(1.) A member other than an acting member shall be paid such remuneration and allowances as the Governor-General determines.

(2.) An acting member shall be paid such remuneration and allowances as the Minister determines.

Leave of absence.

8. The Minister may grant leave of absence to a member upon such terms and conditions as to remuneration or otherwise as the Minister determines.

Dismissal of members.

9. The Governor-General may terminate the appointment of a member for inability, inefficiency or misbehaviour.

Resignation of members.

10. A member may resign his office by writing under his hand addressed to the Governor-General.

Vacation of office.

11. If a member—

(a) being the Chairman, engages in paid employment outside the duties of his office without the approval of the Minister;

(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit; or

the Governor-General shall, by notice in the Gazette, declare that the office of the member is vacant, and thereupon the office shall be deemed to be vacant.

Meetings.

12.—(1.) The Commission shall hold such meetings as are necessary for the performance of its functions.

(2.) The Minister or the Chairman may at any time convene a meeting of the Commission.

(3.) The Chairman shall preside at all meetings of the Commission at which he is present.

(4.) In the event of the absence of the Chairman from a meeting of the Commission, the members present shall appoint one of their number to preside at that meeting.

(5.) At a meeting of the Commission, a quorum is constituted—

(a) if the Commission consists of three or four members—by not less than two members; or

(b) if the Commission consists of five members—by not less than three members.

(6.) Questions arising at a meeting of the Commission shall be determined by a majority of the votes of the members present.

(7.) The member presiding at a meeting of the Commission has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

Functions of Commission.

13.—(1.) Subject to the next succeeding sub-section, the functions of the Commission are to furnish information and advice to the Minister on matters in connexion with the grant by the Commonwealth of financial assistance to universities established by the Commonwealth and of financial assistance to the States in relation to universities, including information and advice relevant to—

(a) the necessity for financial assistance and the conditions upon which any financial assistance should be granted; and

(b) the amount and allocation of financial assistance.

(2.) The functions of the Commission do not include the furnishing of advice on matters on which the Commonwealth Office of Education is empowered to advise the Minister administering the Education Act 1945–1959.

Performance of Functions of Commission.

14.—(1.) The Commission shall perform its functions with a view to promoting the balanced development of universities so that their resources can be used to the greatest possible advantage of Australia.

(2.) For the purpose of the performance of its functions, the Commission shall consult with universities and with the States upon the matters on which it is empowered to furnish information and advice.

Periodical reports.

15.—(1.) The Commission shall, at such times and in respect of such periods as the Minister directs, furnish to the Minister reports containing recommendations with respect to the financial assistance that should be granted to or in relation to universities in respect of those periods and the conditions upon which the financial assistance should be granted.

(2.) The Minister shall, as soon as practicable, cause each report under the last preceding sub-section to be laid before each House of the Parliament.

Other reports.

16. In addition to the reports referred to in the last preceding section, the Commission shall furnish to the Minister such reports as the Minister requires and may furnish such other reports as the Commission thinks fit.

Committees.

17.—(1.) The Minister may, at the request of the Commission, appoint a Committee to assist the Commission in relation to a matter specified in the request.

(2.) A Committee appointed under this section shall consist of such persons, whether members of the Commission or not, as the Minister thinks fit.

(3.) A member of a Committee shall hold office on such terms and conditions, and shall be paid such remuneration and allowances (if any), as the Minister determines.

(4.) A Committee shall make such inquiries, and furnish to the Commission such reports, in connexion with the matter in relation to which it has been appointed as the Commission directs.

Officer of Commonwealth becoming Chairman.

18. If a person appointed as the Chairman was, immediately before his appointment, an officer of the Public Service of the Commonwealth—

(a) he retains his existing and accruing rights;

(b) for the purpose of determining those rights, his service as Chairman shall be taken into account as if it were service in the Public Service of the Commonwealth; and

(c) the Officers’ Rights Declaration Act 1928–1953 applies as if this Act and this section had been specified in the Schedule to that Act.

Overview

The Australian Universities Commission Act 1959 was enacted to establish the Australian Universities Commission, providing a structured body to advise on and manage financial assistance to universities within Australia. The Act was assented to on 7 May 1959 and was enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. The primary objective of the Act is to facilitate the balanced development of universities, ensuring that their resources are used to the greatest advantage of Australia. The Act defines the establishment, membership, functions, and operational procedures of the Commission, including the appointment and terms of its members, the conditions for the dismissal and resignation of members, and the procedures for convening and conducting meetings of the Commission. The Commission is tasked with furnishing information and advice to the Minister regarding financial assistance to Commonwealth universities and to states in relation to universities, with a focus on promoting balanced development and maximising the benefits of university resources for the nation.

Scope and Application

The Australian Universities Commission Act 1959 establishes the Australian Universities Commission, which is tasked with providing information and advice to the Minister regarding the grant of financial assistance to universities established by the Commonwealth and the States. The Act applies to universities within Australia, which includes institutions specified by the Minister for the provision of higher education, including residential colleges connected with universities. The Commission consists of a Chairman and between two and four other members appointed by the Governor-General. The Act outlines the appointment, remuneration, leave, dismissal, and resignation of Commission members, as well as the procedures for meetings and the performance of Commission functions, which include consulting with universities and the States to promote the balanced development of universities. The Minister may direct the Commission to provide periodic and other reports, and may appoint committees to assist the Commission on specified matters. The Act also addresses the rights of the Chairman if they were previously an officer of the Commonwealth Public Service.

Key Provisions

The Australian Universities Commission Act 1959 establishes the Australian Universities Commission and outlines its structure, functions, and operational details. Section 5 of the Act establishes the Commission, which comprises a Chairman and between two and four other members, all appointed by the Governor-General. The Chairman serves for up to seven years, and other members for up to three years, with eligibility for re-appointment (Section 5). In the event of a member's inability to attend meetings, the Minister may appoint an acting member who has the same powers and functions as a regular member (Section 6). The Act also details the remuneration for members and acting members (Section 7), conditions for leave of absence (Section 8), and circumstances under which a member's appointment may be terminated or their office deemed vacant (Sections 9–11). Meetings of the Commission are governed by Sections 12, which specifies quorum requirements and voting procedures. The Act imposes various obligations on the Commission and its members. The Commission is tasked with providing information and advice to the Minister regarding financial assistance for Commonwealth-established universities and states (Section 13). It must perform its functions with a view to promoting the balanced development of universities (Section 14). The Commission is also required to submit periodic and ad hoc reports to the Minister, who must then table these reports before Parliament (Sections 15–16). The Minister has the authority to appoint committees to assist the Commission and to determine the terms of service and remuneration for committee members (Section 17). Furthermore, if the Chairman was previously an officer of the Commonwealth Public Service, the Act ensures that their existing and accruing rights are preserved, and their service as Chairman is considered for Public Service purposes (Section 18). Breaches of the Act may lead to various consequences. While the Act does not explicitly enumerate specific offences or penalties, it does provide mechanisms for the dismissal of members and the declaration of vacant offices under certain conditions, such as engaging in paid employment outside the duties of office without approval, bankruptcy, or prolonged absence from meetings (Sections 9–11). These provisions imply that serious breaches of the Act's obligations could result in administrative consequences for members, including termination of appointment or the declaration of a vacant office.

Area of Law: Education Law
Instrument: Act
Concepts: Definitions & Interpretation; Establishment of Commission; Functions of Commission; Reporting & Disclosure Obligations

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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