The Australian National University
Australian National University Act 1991
DEPUTY VICE-CHANCELLORSHIP STATUTE 2002
The Council of The Australian National University makes the following Statute under section 50 of the Australian National University Act 1991.
Dated 22 April 2002.
The Council of The Australian National University
1 Name of Statute
1.1 This Statute is the Deputy Vice-Chancellorship Statute 2002.
2 Tenure of office
2.1 Subject to section 3, a Deputy Vice-Chancellor holds office for such period as the Council, in the resolution of appointment, determines.
3 Resignation
3.1 A Deputy Vice-Chancellor may resign office by notice in writing to the Council delivered to the Vice-Chancellor.
4 Appointment as Vice-President
4.1 The Council may appoint a Deputy Vice-Chancellor to be Vice-President of the University.
5 Powers and duties
5.1 A Deputy Vice-Chancellor has such powers and may perform such duties as the Statutes and Rules prescribe or, subject to the Statutes and Rules, as the Council determines.
6 Powers of Deputy Vice-Chancellor in relation to intellectual property
6.1 Without limiting the effect of section 5, a Deputy Vice-Chancellor may:
(a) act for and on behalf of the University in the administration of any right or interest of the University in any intellectual property; and
(b) appoint such persons in Australia or any place outside Australia as the Deputy Vice-Chancellor thinks fit, and subject to such terms and conditions as are specified in the instrument of appointment, as agents or attorneys to act for and on behalf of the University in the administration of such right or interest.
6.2 In this section:
administration, in relation to a right or interest in intellectual property means the doing of any act for the purpose of obtaining, maintaining, defending or enforcing that right or interest;
intellectual property means patents, trade marks, industrial designs, copyright, public lending right or any other form of intellectual property that is recognised under a law of the Commonwealth or of another country.
7 Rules
7.1 The Council may make Rules, not inconsistent with this Statute, prescribing matters required or permitted by this Statute to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Statute.
8 Transitional
8.1 Any Rules or appointment made, or anything done by a deputy Vice-Chancellor, under the Deputy Vice-Chancellorship Statute as amended and in force before the commencement of this Statute, continues to have, under this Statute, the effect that it would have had if the Deputy Vice-Chancellorship Statute had remained in force, and may be dealt with as if it were made or done under this Statute.
9 Repeal
9.1 The Deputy Vice-Chancellorship Statute, as amended and in force before the commencement of this Statute, is repealed.
Overview
The Australian National University Act 1991 established the framework for the governance and administration of The Australian National University (ANU). To further refine and specify the roles and responsibilities of Deputy Vice-Chancellors, the Council of ANU introduced the Deputy Vice-Chancellorship Statute 2002. This Statute was enacted to address the need for a more detailed and precise definition of the tenure, powers, and duties of Deputy Vice-Chancellors within the university. The policy objective of this Statute is to ensure that the roles of Deputy Vice-Chancellors are clearly delineated, thereby enhancing the administrative efficiency and governance structure of ANU. The Statute was made under section 50 of the Australian National University Act 1991 and came into effect on 22 April 2002.
Scope and Application
The Deputy Vice-Chancellorship Statute 2002 applies to Deputy Vice-Chancellors of The Australian National University, setting out their tenure, resignation process, and powers and duties. The statute specifies that Deputy Vice-Chancellors can be appointed for a period determined by the Council and may be appointed as Vice-President of the University. They have the authority to act on behalf of the University in matters of intellectual property, including appointing agents or attorneys in Australia or overseas to manage such rights. The statute also allows the Council to make rules necessary for implementing the statute, and it provides for the continuation of any existing rules or appointments made under the previous statute. The statute has a jurisdictional reach limited to The Australian National University and its operations, and it does not explicitly mention any exclusions or thresholds. The application of the statute may be extended or restricted through any rules made by the Council under its provisions.
Key Provisions
The Deputy Vice-Chancellorship Statute 2002 sets out the framework for the tenure, appointment, and responsibilities of Deputy Vice-Chancellors at The Australian National University. Section 2.1 specifies that the tenure of a Deputy Vice-Chancellor is determined by the Council in the resolution of appointment. The Deputy Vice-Chancellor may resign by delivering a written notice to the Council through the Vice-Chancellor, as outlined in Section 3.1. Furthermore, the Council has the authority to appoint a Deputy Vice-Chancellor as the Vice-President of the University, as stipulated in Section 4.1.
The Statute delineates the powers and duties of Deputy Vice-Chancellors in Section 5.1, which are prescribed by the Statutes and Rules or determined by the Council, subject to those same Statutes and Rules. Specifically, Section 6.1 provides that Deputy Vice-Chancellors can act on behalf of the University in the administration of intellectual property rights, including appointing agents or attorneys to manage these rights. The term "administration" is defined in this context as any act to obtain, maintain, defend, or enforce intellectual property rights, which include patents, trademarks, copyrights, and other recognised forms of intellectual property.
The Council is empowered to make Rules under Section 7.1 that are consistent with the Statute, necessary for its implementation, or convenient for its operation. These Rules can prescribe matters required or permitted by the Statute. Transitional provisions in Section 8.1 ensure that any rules or appointments made under the previous statute, as well as actions taken by a Deputy Vice-Chancellor before the commencement of this Statute, retain their validity and may be treated as if they were made or done under this new Statute. Finally, Section 9.1 repeals the previous Deputy Vice-Chancellorship Statute, effective from the commencement of this new Statute.
In terms of compliance and consequences, while the Statute does not explicitly state offences or penalties for non-compliance, breaches of the powers and duties outlined in the Statute could potentially lead to disciplinary actions or legal consequences. The precise nature of these consequences would depend on the context of the breach and any relevant University policies or laws.