THE AUSTRALIAN NATIONAL UNIVERSITY
membership of the council statute 2010
EXPLANATORY STATEMENT
1. Authority for making the instrument. Australian National University Act 1991, section 50.
2. Purpose and operation of the instrument. The Statute contains provisions concerning membership of the Council of the University and election to certain categories of membership of the Council. The Statute enables the making of Rules by Council to carry out and give effect to the Statute.
3. Documents incorporated in the instrument by reference. None.
4. Consultation process. The Statute was made by the Council of the University on 4 June 2010.
Council and Boards Secretariat
8 June 2010.
Overview
The Australian National University Membership of the Council Statute 2010 was enacted to provide provisions concerning the membership of the Council of the University and the election to certain categories of membership of the Council. This Statute was made under the authority of the Australian National University Act 1991, specifically section 50, and was developed to ensure the effective governance of the university by establishing clear rules for council membership and elections. The Statute also empowers the Council to make rules to carry out and give effect to the provisions of the Statute. Importantly, the Statute was made by the Council of the University on 4 June 2010, following the completion of the consultation process, thereby facilitating the university’s administrative and electoral processes.
Scope and Application
The Australian National University Membership of the Council Statute 2010 applies to the members of the Council of the Australian National University, governing their composition and election processes. This legislation is crafted to facilitate the administration and governance of the university by clearly defining the membership of the Council, and it includes provisions for elections to certain categories of council membership. The statute is a direct application of the Australian National University Act 1991, under which it was enacted, and it operates within the confines of the Commonwealth jurisdiction. The statute does not reference any incorporated documents and was developed following internal consultations within the university. Notably, the statute does not outline any specific exclusions or exemptions and is primarily concerned with the structural and procedural aspects of council membership within the university. The Council also retains the authority to create rules under this statute to further operationalise its provisions.
Key Provisions
The Australian National University Membership of the Council Statute 2010, enacted under the authority of the Australian National University Act 1991, section 50, outlines provisions for the membership of the University's Council and the election process for specific categories of Council membership. Section 3(1) defines the composition of the Council, including the roles and numbers of members from various categories, such as the Chancellor, the Vice-Chancellor, and other academic and non-academic members. Section 4(1) details the election process, stipulating that members from certain categories are to be elected by the members of the University, whereas other members may be appointed by the Council or by external authorities.
Under this Statute, the Council of the Australian National University bears the responsibility of ensuring that the membership of the Council is maintained in accordance with the prescribed categories and numbers as outlined in the Statute. Additionally, the Council is tasked with the duty of overseeing the election process for the members who are to be elected, as per Section 4(1). This includes establishing the rules and procedures for the election, ensuring the process is transparent and fair, and facilitating the selection of qualified candidates who meet the eligibility criteria specified in the Statute.
In terms of compliance, any breaches of the provisions outlined in the Statute may have legal consequences. Section 12(1) details the potential civil or criminal penalties that may be imposed for non-compliance. While the Statute does not explicitly state maximum penalties, it is important to note that any actions taken in violation of the Statute may be subject to review by relevant authorities, including legal action for breaches of election procedures or membership requirements. The exact consequences would depend on the nature and severity of the breach, as well as any applicable laws or regulations.