University of Canberra Act 1989

A university is established.

The name of the university is the University of Canberra.

The university—

is a body corporate; and

is to have a seal; and

may acquire, hold and dispose of real and personal property.

The seal of the university must be kept in the custody that the council directs and must not be used except as authorised by the council.

The functions of the university include—

to transmit and advance knowledge by undertaking teaching and research of the highest quality; and

to encourage, and provide facilities for, postgraduate study and research; and

to provide facilities and courses for higher education generally, including education appropriate to professional and other occupations, for students from within Australia and overseas; and

to award and confer degrees, diplomas and certificates, whether in its own right, jointly with other institutions or as otherwise decided by the council; and

to provide opportunities for people, including those who already have post-secondary qualifications, to obtain higher education qualifications; and

to develop and provide cultural, sporting, professional, technical and vocational services to the community; and

to participate in public discourse; and

to engage in extension activities; and

to commercially exploit or develop, for the university’s benefit, any property of the university including any facility, resource, real property or other right or interest; and

to exercise any other function given to it under this Act or another territory law.

In the exercise of its functions, the university must pay special attention to the needs of the ACT and the surrounding regions.

service to scholarship and the education of the Australian people;

responsiveness to the needs of Australia;

fairness and integrity;

efficiency and effectiveness;

accountability for the exercise of the university’s functions;

commitment, through education and research, to reconciliation with Aboriginal and Torres Strait Islander people.

Subject to division 3.2, the university has power to do all things that are necessary or convenient to be done for, or in connection with, the exercise of its functions.

The powers of the university under subsection (1) include, but are not limited to, the following powers:

to buy, take on lease, or otherwise acquire, property, and to sell, grant leases of, or otherwise dispose of, property;

to develop commercially any discovery, invention or property;

to make charges for work done, services rendered and goods and information supplied by it;

to join in the formation of companies;

to subscribe for and buy shares in, and debentures and other securities of, companies;

to enter into partnerships;

to participate in joint ventures and arrangements for the sharing of profits;

to enter into contracts;

to erect buildings;

to occupy, use and control any land or buildings owned or leased by the Commonwealth or the Territory and made available for the purposes of the university;

to employ staff;

to invest money of the university, and to dispose of investments;

to make loans and grants to students;

to accept gifts, grants, bequests and devises made to it;

to act as trustee of money and other property vested in it on trust;

to exercise any other power given to it under this Act or another territory law; and

to do anything incidental to its functions.

Despite anything contained in this Act, any money or other property held by the university on trust must be dealt with in accordance with the powers and duties of the university as trustee.

The functions of the university may be exercised outside the ACT and Australia.

Subject to this Act and the statutes, the council has the entire management of the university.

The council is to act in all matters concerning the university in the way it considers will best promote the interests of the university.

The powers of the council include, but are not limited to, the power to appoint people (whether members of the staff of the university or not) to positions of responsibility within the university.

The council may, by resolution passed by at least 2/3 of the council members, provide for a council member to be paid remuneration.

The council consists of the following members:

the chancellor;

the vice-chancellor;

the chairperson of the board;

8 people appointed by the Minister;

1 member of the academic staff elected by members of the academic staff;

1 member of the general staff elected by members of the general staff;

1 undergraduate student elected by undergraduate students of the university;

1 postgraduate student elected by postgraduate students of the university.

A member mentioned in subsection (1) (d) must not be appointed—

for a term of longer than 3 years; or

if the total period of the member’s appointment is longer than 9 years—without the council’s agreement.

The conditions of appointment of a member mentioned in subsection (1) (d) are the conditions agreed between the Executive and the member, subject to any resolution passed by the council under section 10 (4) (a council resolution) for the member.

Subsection (3) applies despite the Financial Management Act 1996, section 78 (8) (Appointment of governing board members generally).

A member mentioned in subsection (1) (e), (f), (g) or (h)—

holds office for the period the statutes provide in relation to the member; but

must not hold office for a total period longer than 9 years.

The council may recommend people for appointment to the council under section 11 (1) (d).

In deciding to appoint a person to the council, the Minister must have regard to the desirability of ensuring there is a balance of skills, expertise and gender among members of the council.

The Minister must try to ensure that the members appointed—

have skills in finance, management, commerce, law or teaching to contribute to the effective working of the council; and

have an appreciation of the values of a higher education provider, its core activities of teaching and research, its independence and academic freedom and the community’s needs.

Without limiting subsection (3)—

at least 2 members appointed must have a high level of relevant financial expertise; and

at least 1 member appointed must have a high level of relevant commercial expertise.

The Minister must not appoint to the council—

a member of—

the Commonwealth parliament; or

a State parliament; or

the Legislative Assembly; or

the legislature of another territory; or

a member of the academic staff or general staff of the university; or

a student of the university.