Adelaide University Act 2023

This Act may be cited as the Adelaide University Act 2023.

This Act comes into operation on a day to be fixed by proclamation.

Section 27(6) of the Legislation Interpretation Act 2021 does not apply to this Act.

The object of this Act is to provide for a leading, contemporary and comprehensive university of global standing that is dedicated to—

the advancement of learning and knowledge; and

contributing to the prosperity, wellbeing and cohesion of society.

The new university will be established by combining The University of Adelaide and the University of South Australia and setting a future that builds on the rich history, experience, knowledge, expertise and resources of these 2 universities.

In this Act—

Academic Board means the body established by the Council under Part 3Division 5;

academic staff means the employees of the University classified by the Council as members of the academic staff;

Chancellor—see section 19;

Council means the Council of Adelaide University established under Part 3;

Deputy Chancellor—see section 19;

graduate means a person on whom the University has conferred an academic award, including an honorary award and an award conferred jointly with another body;

logo means a design (the copyright of which is vested in the University) declared under this Act to be a logo;

official insignia means a logo, an official symbol or an official title;

official symbol means a combination of a logo and an official title;

official title means a name or title declared under this Act to be an official title;

postgraduate student means a student enrolled at the University in a postgraduate program;

Pro‑Chancellor—see section 19;

professional staff means the employees of the University classified by the Council as members of the professional staff;

staff member means a member of the academic staff or the professional staff;

student means—

an undergraduate student; or

a postgraduate student; or

any other person enrolled as a student of the University;

undergraduate student means a student enrolled at the University in an undergraduate program;

University means Adelaide University established under section 5;

University grounds means all land, buildings, structures and facilities owned or occupied by the University or of which the University has the care, control and management;

Vice Chancellor—see section 29.

Adelaide University is established.

The University is a body corporate with perpetual succession and a common seal and is invested with full juristic capacity and unfettered discretion, subject to the laws of this State, to conduct its affairs in the manner it thinks fit.

The University may exercise it powers within or outside the State (including outside Australia).

The University is not an instrumentality or agency of the Crown.

The functions of the University are as follows:

to preserve, extend and disseminate knowledge at the tertiary level through teaching, research, scholarship, innovation, consultancy or other means;

without limiting paragraph (a), to undertake and support teaching, research, scholarship, innovation, consultancy and education of international standard, and to apply these matters to the advancement and application of knowledge—

for the benefit and wellbeing of regional, State, national and international communities; and

for the benefit of industry, business, the professions and government;

to engage with Aboriginal and Torres Strait Islander peoples to provide such tertiary education programs as the University thinks appropriate to meet the needs of Aboriginal and Torres Strait Islander peoples;

to provide such tertiary education programs as the University thinks appropriate to meet the needs of people within the community that the University considers—

have experienced disadvantages in education or in access to education; or

to be under‑represented in education;

to serve the South Australian, Australian and international communities, and the public interest, by—

enriching the diverse cultural life of the community; and

elevating public awareness of educational, scientific, social and artistic developments; and

championing free enquiry and intellectual discourse within the University and in wider society;

to foster and further an active, inclusive and culturally safe environment within the University;

to commercialise, or translate to beneficial use, the results and outcomes of its work in research;

to support and contribute to the realisation of South Australian economic development priorities;

to establish and provide educational and other facilities as the University thinks appropriate;

to perform other functions that support or enhance, or are ancillary or incidental to, the objects of this Act or a function referred to in a preceding paragraph.

The University should, in the performance of its functions—

focus on excellence, equitable opportunity and innovation in university education; and

be relevant, contemporary and informed by the highest standards in teaching and research, and by the needs of its students; and

conduct outstanding research of scale and focus; and

encourage the commercialisation and application of its research, and entrepreneurship, for wider societal benefit; and

encourage integrity in the conduct of its operations; and

support the protection of the environment and seek to adopt policies and practices that promote sustainability in its activities and undertakings; and

focus on the success and impact of its students, staff and alumni; and

work to underpin the future employment of its graduates; and

address the skill needs of the modern workforce; and

engage with the communities that it serves.

The University should use its expertise and resources to engage Aboriginal and Torres Strait Islander peoples in its teaching, research and advancement of knowledge activities so as to contribute to—

realising the aspirations of Aboriginal and Torres Strait Islander peoples; and

recognising and valuing the ancient and rich cultural heritage and knowledge systems of Aboriginal and Torres Strait Islander peoples.

The University has the power to do anything necessary, convenient or incidental to, or in connection with, the performance of its functions under this Act.

Without limiting subsection (1), the University—

is capable of suing and being sued; and

is capable of holding, acquiring, dealing with and disposing of real and personal property; and

is capable of acquiring or incurring other assets, rights or liabilities; and

is able to enter into contracts and arrangements; and

is able to employ staff and engage other persons; and

is able to promote the formation of a company under the Corporations Act 2001 of the Commonwealth and to hold shares or other interests in any body corporate; and

is able to enter into partnerships and participate in joint ventures and arrangements for the sharing of profits; and

is able to participate in any commercial or business activity; and

is capable of administering any property on trust or accepting gifts (and, if any gift is affected by a trust, is empowered to carry out the terms of the trust).

The University must not alienate (except by way of lease for a term not exceeding 21 years), mortgage or charge land vested in or conveyed to the University on trust except with, and in accordance with any terms or conditions of, an approval given by the Governor.

To avoid doubt, subsection (3) does not confer any power to alienate land contrary to the terms of a trust relating to the land.

The University—

may confer awards on those persons who have attained the standards approved by the University; and

may confer honorary awards on persons who the University thinks merit special recognition by the University; and

may, for any reason the University thinks fit—

require or permit a graduate of the University to surrender an award previously conferred on the graduate by the University; or

rescind an award previously conferred by the University.

The power of the University to confer awards under subsection (1) includes the power to confer awards jointly with another university or another body that is, in the opinion of the University, an appropriate body to join the University in the conferral of joint awards.

The University will establish a structure for its different areas of learning, research and support operations (which may be varied from time to time by the University).

The Council may approve the formation of any association of students that is to be formed for the purpose of promoting the interests of students.

Such an association of students cannot adopt a constitution or rules, or alter its constitution or rules, unless the proposed constitution or rules, or the proposed alteration, has been approved by the Council.

The University may, by notice in the Gazette, declare a design to be a logo in respect of the University.

Adelaide University is declared to be an official title.

The University will also have a name in a relevant Aboriginal language declared to be an official title by the University by notice in the Gazette.

The University may, by notice in the Gazette, declare any other name or title to be an official title in respect of the University.