Flinders University Act 1966

This Act may be cited as the Flinders University

Act 1966.

In this Act, unless some other meaning is clearly intended—

the Academic Senate means—

the body known as the Academic Senate of the University;

or

if another body is prescribed by the regulations of the University for the purposes of this definition, that other body;

academic staff means—

those employees of the University who are classified by the Council as members of the academic staff; and

such other persons, being persons who carry out academic functions at the University, as are classified by the Council as members of the academic staff;

Council means the Council of the

University;

general staff means those employees of the

University who are classified by the Council as members of the general staff;

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 under section 21;

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 course designated by the Council as a postgraduate course;

undergraduate student means a student enrolled at the University in a course other than 1 designated by the Council as a postgraduate course;

University means Flinders University established and incorporated under this Act;

University grounds means all land owned or occupied by the University or of which the University has the care, control and management.

NoteFor definition of divisional penalties (and divisional expiation fees) see Appendix.

Flinders University is established.

The University consists of a Council, graduates, staff and students.

Subject to subsection (5), the University is a body corporate 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 its powers within or outside the State (including outside Australia).

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 (5) does not confer any power to alienate land contrary to the terms of a trust relating to the land.

The University is not an instrumentality or agency of the

Crown.

A reference in any other Act, regulation, by‑law, instrument or document to The Flinders University of South Australia will, on the commencement of this clause, be taken to be a reference to Flinders

University.

Nothing in this clause limits the operation of section 4A or

4B.

The functions of the University include, within the limits of its resources—

the provision of educational facilities at university standards for persons who being eligible to enrol seek the benefits of such facilities;

and

the establishment of such facilities as the University thinks desirable for providing courses of study, whether within the University or elsewhere, for evening students, giving instruction to and the examination of external students, and providing courses of study or instruction at such levels of attainment as the Council thinks appropriate to meet the special requirements of industry, commerce or any other section of the community;

and

generally, the dissemination of knowledge and the promotion of scholarship.

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

The Flinders University of South Australia and Flinders

University are official titles.

The University has a proprietary interest in all official insignia.

A person must not, without the consent of the University, in the course of a trade or business—

use a name in which the University has a proprietary interest under this section for the purpose of promoting the sale of services or the provision of any benefits; or

sell goods marked with official insignia; or

use official insignia for the purpose of promoting the sale of goods or services. Maximum penalty: Maximum penalty: $20 000.

A person must not, without the consent of the University, assume a name or description that consists of, or includes, official insignia. Maximum penalty: Maximum penalty: $20 000.

A consent under this section—

may be given with or without conditions (including conditions requiring payment to the University); and

must be given in writing addressed to the applicant for the consent; and

may be revoked by the University for a breach of a condition by notice in writing given personally or by post to a person who has the benefit of the consent.

The Supreme Court may, on the application of the University, grant an injunction to restrain a breach of this section.

The court by which a person is convicted of an offence against this section may, on the application of the University, order the convicted person to pay compensation of an amount fixed by the court to the University.

Subsections (5) and (6) do not derogate from any civil remedy that may be available to the University apart from those subsections.

The Council has the powers, authorities, duties and functions conferred and imposed on the Council by or under this

Act.

The Council is the governing body of the University and has the following as its primary responsibilities:

appointing the Vice-Chancellor as the chief executive officer of the University, and monitoring his or her performance;

approving the mission and strategic direction of the University, as well as the annual budget and business plan;

overseeing and reviewing the management of the University and its performance;

establishing policy and procedural principles, consistent with legal requirements and community expectations;

approving and monitoring systems of control and accountability, including general overview of any entities controlled by the University (within the meaning of section 50AA of the Corporations Act 2001);

overseeing and monitoring the assessment and management of risk across the University, including commercial undertakings;

overseeing and monitoring the academic activities of the

University;

approving significant commercial activities of the

University.

The Council must in all matters endeavour to advance the interests of the University.

The Council will consist of the following members:

the Chancellor and the Vice-Chancellor who will be members of the

Council ex officio;

the presiding member of the Academic Senate who will be a member of the Council ex officio or, if the Vice-Chancellor is the presiding member of the Academic Senate, a member of the Academic Senate who is a member of the academic staff of the University elected by the Academic Senate (but that person cannot be a student of the University);

8 persons appointed by the Council, on the recommendation of a selection committee (which consists of the Chancellor and 6 other persons appointed by the Chancellor in accordance with guidelines determined by the

Council);

if the Council so determines, 1 person co-opted and appointed by the Council;

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

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

2 students of the University (not being persons in the full time employment of the University), 1 of whom must be a postgraduate student and 1 of whom must be an undergraduate student, appointed or elected in a manner determined by the Council.

Where a person is appointed to the Council, the appointing authority must recognise that the Council is, as far as practicable, to be constituted of equal numbers of men and women who—

have a commitment to education and, in particular, to higher education; and

have an understanding of, and commitment to, the principles of equal opportunity and social justice and, in particular, to access and equity in education.

Of the members of the Council appointed on the recommendation of the selection committee, at least 2 must have financial management expertise and at least 1 must have commercial expertise (demonstrated by relevant qualifications or relevant experience at a senior level in the public or private sector).

A member of the academic or general staff or student of the

University is not eligible to be appointed to the Council by the

Council.

A selection committee established for the purpose of making an appointment under subsection (3)(d) cannot recommend 1 of their number for appointment.

A member of the Council is not, in the exercise of his or her powers or functions as such, subject to the direction of any person or body of persons.

Subject to subsection (5a), a member appointed to the Council by the Council will be appointed for a term of 2 or 4 years to be determined—

in the case of a member appointed on the recommendation of a selection committee—by that selection committee; and

in the case of a member co-opted and appointed by the

Council—by the Council.

A person elected by the Academic Senate to the Council will be elected for a term of 2 years.

A member of the academic or general staff of the University elected to the Council will be elected for a term of 2 years.

A student of the University appointed or elected to the Council will be appointed or elected for a term of

2 years.

Subject to subsection (5a), at the expiration of a term of office, a member appointed or elected to the Council is eligible for reappointment or re-election.

A person may not, except by resolution of the Council, be appointed or elected as a member of the Council if the appointment or election (as the case requires) would result in the person being a member of the Council for more than 12 years.

Subject to this section, the Council may remove an appointed or elected member of the Council from office for—

mental or physical incapacity to carry out official duties satisfactorily; or

failing, without reasonable excuse, to comply with the Council's requirements in relation to attendance at Council meetings; or

conviction of an indictable offence; or

serious misconduct.

An appointed or elected member of the Council may only be removed under subsection (6)(d) by resolution passed by at least a two-thirds majority of the members of the Council.

The office of an appointed or elected member becomes vacant if the member—

dies; or

completes a term of office and is not reappointed or re-elected;

or

does not continue in the capacity in which he or she was appointed or elected to membership of the Council (unless the date of the next appointment or election to his or her office is within 3 months from the date on which the member ceased to continue in the capacity in which he or she was appointed or elected); or

resigns by notice in writing addressed to the Chancellor;

or

is removed from the office by the Council under subsection (6); or

is disqualified from managing corporations under Chapter 2D

Part 2D.6 of the Corporations Act

2001 of the Commonwealth.

If a member of the Council is appointed by the Council to the office of Chancellor or Vice-Chancellor, a casual vacancy occurs in the office held by that member.

On the office of an appointed or elected member of the Council becoming vacant under this section, a person must be appointed or elected, as the case may require, to the vacant office in accordance with this

Act.

Subject to this Act, a member appointed or elected to fill a casual vacancy in the membership of the Council holds office for the balance of the term of his or her predecessor.

An act or decision of the Council is not invalid by reason only of a vacancy in its membership or on the ground of any defect in the appointment of a member.

The Council may, from time to time, determine that a member of the

Council be remunerated.

A determination under subsection (1) may fix different amounts of remuneration for different members of the Council according to the office held by the member or any other factor the Council considers relevant.

The regulations may make further provision in relation to a determination under subsection (1), including prescribing circumstances in which the Council may not determine to remunerate a member of the

Council.

Section 18C does not apply in relation to the making of a determination under this section.

The Council must appoint a Chancellor whenever a vacancy occurs in that office by death, resignation, expiration of tenure or otherwise, and must appoint a Vice-Chancellor whenever a vacancy occurs in that office by death, resignation, expiration of tenure or otherwise.

The Vice-Chancellor is the principal academic and chief executive officer of the University and is responsible to the Council for the academic standards, management and administration of the

University.

The Council may appoint no more than 2 Pro-Chancellors or Deputy

Chancellors and such number of Pro-Vice-Chancellors or Deputy Vice-Chancellors as the Council thinks appropriate.

The Council may appoint a member of the Council or any other suitable person to the office of Chancellor for a term of 4 years on terms and conditions fixed by the Council.

An employee or student of the University is not eligible for appointment to the office of Chancellor.

A person who holds office as Chancellor is, on the expiration of a term of office, eligible for reappointment.

Subject to subsection (5), the Vice-Chancellor holds office on such terms and conditions and at such salary as the Council from time to time determines.

Any alteration made by the Council in the salary or the terms and conditions of the service of the Vice-Chancellor will not, unless the

Vice-Chancellor in office at the time of the alteration consents, have effect until his or her term of office has expired or otherwise determined.

A Pro-Chancellor, a Deputy Chancellor, a Pro‑Vice-Chancellor or a Deputy Vice-Chancellor holds office on such terms and conditions as the

Council may from time to time determine.

A question that comes before a meeting of the Council will be decided by the majority of members present at the meeting and voting on the question.

The person presiding at a meeting of the Council has a vote and, in the case of an equality of votes, a casting vote.

A quorum of the Council is constituted by one half of the total number of members of the Council (ignoring any fraction resulting from the

division) plus 1, and no business may be transacted at a meeting of the

Council unless a quorum is present.

The Chancellor or, in his or her absence a member of the Council elected by those present, will preside at meetings of the

Council.