Southern Cross University Act 1993

This Act may be cited as the Southern Cross University Act 1993.

This Act commences on a day or days to be appointed by proclamation.

In this Act—

commercial functions of the University means the commercial functions described in section 6 (3) (a).

Council means the Council of the University.

University means the Southern Cross University established by this Act.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

In this Act, a reference to a graduate of the University is a reference to a person who is the recipient of a degree or diploma, or of such other award or certificate as may be prescribed by the by-laws, conferred or awarded by or on behalf of—

the University, or

any former institution that is currently a part of the University (having become a part of the University or any predecessor of the University pursuant to the Higher Education (Amalgamation) Act 1989 or otherwise), or

any predecessor of the University or of any institution referred to in paragraph (b).

In this Act—

a reference to a function includes a reference to a power, authority and duty, and

a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

Notes included in this Act do not form part of this Act.

A University is established by this Act, consisting of—

a Council, and

the professors and full-time members of the academic staff of the University and such other members or classes of members of the staff of the University as the by-laws may prescribe, and

the graduates and students of the University.

The University is a body corporate under the name of the Southern Cross University.

The object of the University is the promotion, within the limits of the University’s resources, of scholarship, research, free inquiry, the interaction of research and teaching, and academic excellence.

The University has the following principal functions for the promotion of its object—

the provision of facilities for education and research of university standard, having particular regard to the needs of the north coast region of the State,

the encouragement of the dissemination, advancement, development and application of knowledge informed by free inquiry,

the provision of courses of study or instruction across a range of fields, and the carrying out of research, to meet the needs of the community,

the participation in public discourse,

the conferring of degrees, including those of Bachelor, Master and Doctor, and the awarding of diplomas, certificates and other awards,

the provision of teaching and learning that engage with advanced knowledge and inquiry,

the development of governance, procedural rules, admission policies, financial arrangements and quality assurance processes that are underpinned by the values and goals referred to in the functions set out in this subsection, and that are sufficient to ensure the integrity of the University’s academic programs.

The University has other functions as follows—

the University may exercise commercial functions comprising the commercial exploitation or development, for the University’s benefit, of any facility, resource or property of the University or in which the University has a right or interest (including, for example, study, research, knowledge and intellectual property and the practical application of study, research, knowledge and intellectual property), whether alone or with others,

without limiting paragraph (a), the University may generate revenue for the purpose of funding the promotion of its object and the carrying out of its principal functions,

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

the University has such general and ancillary functions as may be necessary or convenient for enabling or assisting the University to promote the object and interests of the University, or as may complement or be incidental to the promotion of the object and interests of the University,

the University has such other functions as are conferred or imposed on it by or under this or any other Act.

The functions of the University may be exercised within or outside the State, including outside Australia.

The University may, for the purposes of or in connection with the exercise of its functions, provide such facilities for its students and staff and other members of the university community as the University considers desirable.

In this Division—

appointed member means a Council appointed member or a Ministerially appointed member.

categories of members—see section 9B (3).

constitution rules—see section 9B (4).

Council appointed member—see section 9F.

elected member—see section 9D.

external person means a person other than a member of the academic or non-academic staff of the University or an undergraduate or graduate student of the University.

graduate member—see section 9E.

Ministerially appointed member—see section 9G.

official member—see section 9H.

There is to be a Council of the University.

The Council is the governing authority of the University and has the functions conferred or imposed on it by or under this Act.

Schedule 1 has effect in relation to the members and procedure of the Council.

The Council is to consist of a minimum of 11, and a maximum of 22, members.

The total number of members is to be determined from time to time by a resolution passed by at least two-thirds of the members of the Council (the total number of members).

The Council is to include the following categories of members—

official members,

elected members,

Council appointed members,

Ministerially appointed members.

Subject to subsection (6), the number of members (other than official members) in each category is to be prescribed by rules made by the Council (in this Division called the constitution rules).

A rule for the purposes of subsection (4) may be made only by a resolution passed by at least two-thirds of the members of the Council.

The majority of the total number of members must be external persons.

Note—

Depending on the circumstances, the Chancellor may be counted as an external person for the purposes of subsection (6).

The number of members in any one category of members must not at any time constitute a majority of the total number of members.

The Council must give the Minister written notice of the terms of any resolution passed under this section within 7 days after it is passed.

Of the members of the Council—

at least 2 must have financial expertise (as demonstrated by relevant qualifications and by experience in financial management at a senior level in the public or private sector), and

at least one must have commercial expertise (as demonstrated by relevant experience at a senior level in the public or private sector).

All appointed members must have expertise and experience relevant to the functions exercisable by the Council and an appreciation of the object, values, functions and activities of the University.