Charles Darwin University Act 2003

This Act may be cited as the Charles Darwin University Act 2003.

(1) Section 51 comes into operation on the day on which the Administrator's assent to this Act is declared.

whichever occurs first.

In this Act, unless the contrary intention appears:

By-laws means the by-laws made under section 46.

Centralian College means the institution of that name established under section 41 of the Education Act 1979.

Chancellor means the Chancellor of the University appointed under section 13.

Council means the Council of the University.

Deputy Chancellor means the Deputy Chancellor of the

University appointed under section 14.

Institute of Advanced Studies means the Institute of

Advanced Studies established under section 23.

Menzies School of Health Research means the School of that name established by the Menzies School of Health Research

Act 1985.

Northern Territory University means the Northern

Territory University established by the Northern Territory

University Act 1988.

Rules means the rules made under section 47.

student of the University means a person or a class of persons prescribed by the By-Laws.

University means the Charles Darwin University.

Vice-Chancellor means the Vice-Chancellor of the

University appointed under section 15.

(1) Despite the repeal of the Northern Territory University Act 1988 by section 49, the University established by section 4 of that Act continues in existence under this Act as the Charles Darwin University.

(c) is capable, in its corporate name, of acquiring, holding and disposing of real (including leasehold) and personal property; and

(3) A court, judge or persons acting judicially must take judicial notice of the common seal of the University affixed to a document and must presume that it was duly affixed.

The University has the following functions:

(a) to undertake teaching activities that fulfil the requirements of an undergraduate and postgraduate university education and training and further education by way of a course of instruction that is, or is preparatory to, a course of a kind relevant to a trade, technical or other vocational education;

(b) to undertake research (taking advantage of the human and physical resources of the University) and, where appropriate, to consider commercial exploitation of research that is undertaken;

(c) to undertake teaching activities to provide other education and training as determined by the Council;

(d) to co-operate with other universities and with institutions of higher education, training and further education or research (whether within or outside of Australia);

(e) to liaise with industry and professional organisations, training committees and the community;

(f) to disseminate knowledge and advance skills and their practical application;

(h) to administer schemes of financial and other assistance for students of the University and persons studying or carrying out research at the University including, in the case of students, financial assistance in the form of loans;

(i) to provide library and other educational facilities that may be used by the public on conditions as determined by the Council;

(j) to carry out any other function that is conferred on it by or under this or any other Act.

(1) The University has power to perform its functions and to exercise its powers including to do any thing that is necessary or convenient to be done in connection with or incidental to its functions and powers.

(2) The University may establish institutes, faculties, schools, departments and organisations that it considers will best allow it to perform its functions.

(3) Without limiting subsections (1) and (2), the University may do any of the following:

(b) create, develop, apply for, obtain and hold intellectual and industrial property and rights and enter into agreements or arrangements for their commercial exploitation on terms as to royalties, lump sum payments or otherwise that the Council thinks fit;

(c) purchase, take on lease or otherwise acquire real or personal property and to sell, grant a lease or otherwise dispose of real or personal property;

(e) occupy, use and control land or buildings owned or held under lease and made available for the purposes of the University;

(f) accept gifts, grants, bequests, devises and assignments made to the University (whether on trust or otherwise) and act as trustee of moneys or other property vested in the University on trust;

(g) enter into arrangements with other universities or with institutions of higher, technical or further education (whether in or outside Australia) or with any of the States that administer education services to establish in the University courses of lectures or studies for degrees, diplomas, trade certificates or otherwise;

(h) establish, manage and control halls of residence and other forms of student accommodation and to establish, manage and control other accommodation that the Council thinks fit.

The University consists of:

(b) the graduates of the University and the Northern Territory University;

(c) the holders of awards of the University and the Northern Territory University other than degrees;

(1) The affairs of the University are to be conducted by the Council.

(d) oversee the management of the University, including approving significant commercial activities;

(g) review management practices and performances of the University; and

(b) in the name of or on behalf of the University with the express or implied authority of the Council,

are taken to have been done by the University.

(e) one person elected by and from the full-time higher education academic staff of the University;

(f) one person elected by and from the full-time TAFE academic staff of the University;

(g) one person elected by and from the undergraduate students of the University; and

(h) one person elected by and from the postgraduate students of the University.

(a) must nominate persons considered suitable to be appointed members of the Council under subsection (1)(d); and

(b) must nominate at least one preferred candidate for each appointment that is to be made under subsection (1)(d).

(3) The persons appointed under subsection (1)(d) are to be persons who represent between them a broad range of community interests (including persons with expertise in education and vocational training, research and technology).

(6) If a body of persons required by this section to elect a member of the Council fails or refuses to elect the member by the date determined from time to time by the Council in respect of the particular election:

(a) the Minister may on the advice of the Council appoint a person as the Minister thinks fit to be a member of the Council; and

(b) the person appointed is taken to have been elected a member by the body of persons.

(a) a person appointed to the Council under section 9(1)(d) holds office for 3 years from the date he or she is appointed;

(b) a person elected to the Council under section 9(1)(e) or (f) holds office for 3 years from 1 January following the date he or she is elected; and

(c) a person elected to the Council under section 9(1)(g) or (h) holds office for one year from 1 January following the date he or she is elected.

(2) Subject to this section, a person referred to in subsection (1) may be re-appointed or re-elected as a member of the Council.

(3) A person referred to in subsection (1) cannot be re-appointed or re‑elected as a member of the Council if, as a result, the person will hold the office for a continuous period of more than 12 years.

(4) If at least two-thirds of the members of the Council agree at a meeting of the Council that subsection (3) should not apply to a person, the person may be re-appointed or re-elected despite that, because of the subsection, the person would not be eligible to be re-appointed or re-elected.

(1) A member, when exercising a power or performing a function of the office:

(a) must act solely in the interests of the University and not as a delegate or representative of a particular constituency; and

(d) must not use his or her office to improperly gain an advantage (either for the member or another person); and

member means a member of the Council appointed or elected under section 9(1).

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

(b) the member is convicted in the Territory of an offence punishable by imprisonment for 12 months or more, or is convicted elsewhere than in the Territory of an offence that, if committed in the Territory, would be an offence punishable by imprisonment for 12 months or more;

(c) the Administrator receives a report from the Chief Health Officer, based on advice from 2 medical practitioners, that as a result of his or her mental illness, as defined in the Mental Health and Related Services Act 1998, he or she has become incapable of performing his or her duties as a member and is unlikely to be able to perform them for the remainder of his or her term of appointment;

(d) the member is absent, except on leave granted by the Council, from 3 consecutive meetings of the Council of which reasonable notice has been given to the member personally or by post;

(e) the member resigns his or her office by writing signed by the member and delivered to the Secretary of the Council;

(f) being the member elected under section 9(1)(e) – the member ceases to be a member of the full-time higher education academic staff of the University;

(g) being the member elected under section 9(1)(f) – the member ceases to be a member of the full-time TAFE academic staff of the University;

(h) being the member elected under section 9(1)(g) – the member ceases to be an undergraduate student;

(i) being the member elected under section 9(1)(h) – the member ceases to be a postgraduate student; or

(j) the member is disqualified from acting as a Director of a company or managing corporations under Part 2D.6 of the Corporations Act 2001.

(2) Subject to subsection (2A), the Council may terminate a member's appointment if it is satisfied that the member has not carried out his or her duties under section 10A.

(2A) The Council can only exercise its power under subsection (2) if at least two-thirds of the members of the Council agree at a meeting that the member has not carried out his or her duties under section 10A.

member means a member of the Council appointed or elected under section 9(1).