Preamble

Swinburne University of Technology has its origins in the establishment of the Eastern Suburbs Technical College in 1908.

In 1913, the institution changed its name to Swinburne Technical College to commemorate its founder, businessman, politician and philanthropist, the Honourable George Swinburne.

From these origins as a local provider of technical education, Swinburne has grown into a multidisciplined, multicampus provider of tertiary education and a research institution of national and international significance.

In 1965 Swinburne affiliated with the Victoria Institute of Colleges, which was established in that year by an Act of the Parliament of Victoria, to foster the development and improvement of tertiary education in technical, agricultural, commercial and other fields of learning (including the liberal arts and the humanities) in institutions other than in the universities of Victoria.

In 1978 the Victoria Institute of Colleges was dissolved and Swinburne Council was given power to grant bachelor degrees, the first of which were awarded at a conferring ceremony held on Thursday 21 May 1981.

Swinburne University of Technology was proclaimed on 1 July 1992 by the Swinburne University of Technology Act 1992 which marked not only recognition of its distinguished history but the beginning of a new period of growth and innovation for Swinburne.

In 1998, the Outer Eastern Institute of TAFE merged with Swinburne, further extending its tertiary provision.

Through the re-enactment of its Act, Swinburne University of Technology reaffirms its commitment to the provision of tertiary education programs relevant to the needs of the community, the advancement of knowledge through high quality research, its practical application and the ability to shape technological, social and economic processes, the dissemination and exploitation of the outcomes and results of research, the maintenance of close interaction with industry and the community, and its development as an institution with excellence in teaching, training, scholarship, research and other activities with emphasis on technology and its development, impact and application.

To enable Swinburne University of Technology to continue and expand its mission, it is expedient to re-enact the law relating to Swinburne University of Technology in a more modern form.

The Parliament of Victoria therefore enacts:

1Purposes

The main purposes of this Act are to—

(a)

re-enact with amendments the law relating to Swinburne University of Technology by rationalising obsolete and disparate legislation; and

(b)

provide for a new Act reflecting best practice and a consistent approach to governance and reporting for universities in Victoria.

2Commencement

(1)

Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)

If a provision of this Act does not come into operation before 1 January 2011, it comes into operation on that day.

3Definitions

In this Act—

S. 3 def. of appointed member repealed by No. 73/2012 s. 79(1).

* * * * *

Chancellor means the person appointed to the office of Chancellor of the University under section 24;

Council means the Council established under section 8;

Council appointed member means a member of the Council appointed under section 13;

S. 3 def. of elected member repealed by No. 73/2012 s. 79(1), new def. of elected member inserted by No. 69/2015 s. 92.

elected member means a member of the Council referred to in section 11(4A);

S. 3 def. of government appointed member inserted by No. 73/2012 s. 79(2).

government appointed member means a member of the Council appointed under section 12(1) or (2);

graduate means a person upon whom has been conferred or granted, or who has been admitted without examination to, any degree, diploma, certificate, licence or other award under any Act relating to the University for the time being in force and whether before or after the passing of this Act;

guidelines means the guidelines approved by the Minister under section 55 and includes any interim guidelines made under section 55(2);

limited company, in Division 5 of Part 6, means a limited company within the meaning of the Corporations Act;

official member means a member of the Council referred to in section 11(2);

staff means persons employed by the University;

student means—

(a)

a person enrolled at the University in a course leading to a degree, diploma, certificate, licence or other award; or

(b)

a person who is designated as a student or is of a class of persons designated as students by the Council;

University means Swinburne University of Technology referred to in section 4;

university commercial activity means any commercial activity engaged in by, or on behalf of, the University and—

(a)

includes any activity declared under section 52 to be a university commercial activity;

(b)

does not include any commercial activity declared under section 52 not to be a university commercial activity;

university regulations means the regulations of the University made under Part 5;

university statutes means the statutes of the University made under Part 5;

Vice-Chancellor means the person appointed to the office of Vice-Chancellor and President under section 26 and includes—

(a)

an interim Vice-Chancellor appointed under section 26(3); or

(b)

an acting Vice-Chancellor;

Visitor means the Visitor under section 22 and includes an acting Visitor.

4Swinburne University of Technology

(1)

Swinburne University of Technology is declared to have been established on 1 July 1992.

(2)

The University established in accordance with subsection (1) and as constituted under the Swinburne University of Technology Act 1992 as in force immediately before its repeal—

(a)

continues in existence under this Act; and

(b)

is a body politic and corporate by the name "Swinburne University of Technology".

(3)

The University consists of—

(a)

the Council; and

(b)

the staff other than the staff of any class that is designated from time to time by the Council not to be staff for the purposes of this section; and

(c)

the graduates; and

(d)

the students; and

(e)

the emeritus professors of the University.

5Objects of the University

The objects of the University include—

(a)

to provide and maintain a teaching and learning environment of excellent quality offering higher education at an international standard;

(b)

to provide vocational education and training, further education and other forms of education determined by the University to support and complement the provision of higher education by the University;

(c)

to undertake scholarship, pure and applied research, invention, innovation, education and consultancy of international standing and to apply those matters to the advancement of knowledge and to the benefit of the well-being of the Victorian, Australian and international communities;

(d)

to equip graduates of the University to excel in their chosen careers and to contribute to the life of the community;

(e)

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

(i)

enriching cultural and community life;

(ii)

elevating public awareness of educational, scientific and artistic developments;

(iii)

promoting critical and free enquiry, informed intellectual discourse and public debate within the University and in the wider society;

(f)

to use its expertise and resources to involve Aboriginal and Torres Strait Islander people of Australia in its teaching, learning, research and advancement of knowledge activities and thereby contribute to—

(i)

realising Aboriginal and Torres Strait Islander aspirations; and

(ii)

the safeguarding of the ancient and rich Aboriginal and Torres Strait Islander cultural heritage;

(g)

to provide programs and services in a way that reflects principles of equity and social justice;

(h)

to confer degrees and grant diplomas, certificates, licences and other awards;

(i)

to utilise or exploit its expertise and resources, whether commercially or otherwise.

6General powers and functions of the University

(1)

The University—

(a)

is a body politic and corporate with perpetual succession; and

(b)

may sue and be sued in its corporate name; and

(c)

subject to this Act, may acquire, hold and dispose of real and personal property.

(2)

The University may do and suffer all acts and things that a body corporate may by law do and suffer.

(3)

Without limiting subsection (1) or (2), the University—

(a)

may enter into contracts;

(b)

may fix fees and charges;

(c)

may employ persons in academic, teaching or other positions in the University on any terms and conditions that it determines and may terminate the employment of any member of staff employed by it;

(d)

subject to any guidelines, may be a member of a company, association, trust or partnership;

(e)

subject to any guidelines, may form or participate in the formation of a company, association, trust or partnership;

(f)

subject to any guidelines, may enter into a joint venture or joint undertaking with any other person or persons;

(g)

has any other powers and functions conferred on it by or under—

(i)

this Act or any other Act; or

(ii)

any university statute or university regulation;

(h)

may do anything else necessary or convenient to be done for or in connection with its objects, powers and functions.

(4)

The University may exercise its powers and functions—

(a)

within and outside Victoria; and

(b)

outside Australia.

7Common seal

(1)

The University has a common seal.

(2)

The common seal of the University must be kept and used as directed by the Council or in any other manner authorised by university statute or university regulation.

(3)

All courts, tribunals and other persons acting judicially—

(a)

must take judicial notice of the common seal of the University on a document; and

(b)

until the contrary is proved, must presume that it was duly affixed.

8The Council

(1)

There is established a Council.

(2)

The Council—

(a)

is the governing body of the University; and

(b)

has the general direction and superintendence of the University; and

(c)

subject to this Act, the university statutes and university regulations, may exercise all the powers, functions and duties of the University.

(3)

The primary responsibilities of the Council include—

(a)

appointing and monitoring the performance of the Vice-Chancellor as the chief executive officer of the University;

(b)

approving the mission and strategic direction of the University and its annual budget and business plan;

(c)

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

(d)

establishing policy and procedural principles for the operation of the University consistent with legal requirements and community expectations;

(e)

approving and monitoring systems of control and accountability of the University, including those required to maintain a general overview of any entity over which the University has control within the meaning of section 3 of the Audit Act 1994;

(f)

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

(g)

overseeing and monitoring the academic activities of the University;

(h)

approving any significant university commercial activities.

9Powers and functions of the Council

(1)

The Council has the following functions and powers—

(a)

to appoint the Chancellor, any Deputy Chancellor and the Vice-Chancellor;

(b)

to establish policies relating to the governance of the University;

(c)

to oversee and review the management of the University and its performance;

(d)

to oversee the management and control of the property and business affairs of the University;

(e)

to oversee the management and control of the University's finances;

(f)

any other powers and functions conferred on it by or under—

(i)

this Act or any other Act; or

(ii)

any university statute or university regulation;

(g)

the power to do anything else necessary or convenient to be done for or in connection with its powers and functions.

(2)

Without limiting subsection (1), the Council—

(a)

may determine what persons or classes of persons constitute the academic staff of the University for the purposes of this Act;

(b)

may designate a diploma or certificate to be awarded to students as—

(i)

a postgraduate diploma or postgraduate certificate; or

(ii)

a graduate diploma or graduate certificate; or

(iii)

an undergraduate diploma or undergraduate certificate;

(c)

may designate persons or classes of persons as students.

10Power of Council to confer degrees and grant other awards

(1)

Subject to the university statutes and university regulations, the Council has power and is deemed always to have had power, to confer any degree or grant any diploma, certificate, licence or other award in any discipline, except divinity.

(2)

The university statutes or university regulations may provide—

(a)

for the conferral, without examination, of any degree or the granting, without examination, of any diploma, certificate, licence or other award referred to in subsection (1) on or to any person who has graduated from a university; and

(b)

for the conferral honoris causa of any degree, or granting honoris causa of any diploma, certificate, licence or other award referred to in subsection (1) on or to any person, whether or not he or she has graduated from a university.

(3)

If the university statutes so provide, the Council may revoke any degree conferred or diploma, certificate, licence or other award granted by the University, whenever conferred or granted.

(4)

The power of the Council under subsection (3) is to be exercised in the circumstances and manner prescribed in the university statutes.

S. 11 substituted by No. 73/2012 s. 80.

11Council membership

S. 11(1) substituted by No. 69/2015 s. 93(1).

(1)

The Council consists of the fixed number of members being—

(a)

the official members; and

(b)

a fixed number of at least 4 government appointed members; and

(c)

a minimum of one or any other greater fixed number of Council appointed members; and

(d)

the elected members.

(2)

The official members of the Council are—

(a)

the Chancellor;

(b)

the Vice-Chancellor;

(c)

the president (however designated) of the academic board or its equivalent.

(3)

The government appointed members are—

(a)

a minimum of one or any other greater fixed number of persons appointed by the Governor in Council under section 12(1); and

(b)

a minimum of one or any other greater fixed number of persons appointed by the Minister under section 12(2).

(4)

The Council appointed members are the persons appointed by the Council under section 13.

S. 11(4A) inserted by No. 69/2015 s. 93(2).

(4A)

The elected members are—

(a)

one or more persons elected by and from the staff of the University in accordance with the university statutes and any university regulations; and

(b)

one or more persons elected by and from the students of the University in accordance with the university statutes and any university regulations.

(5)

The number of government appointed members must be equal to or greater than the number of Council appointed members.

S. 11(5A) inserted by No. 69/2015 s. 93(3).

(5A)

Of the members referred to in subsection (1)(b) and (c)—

(a)

at least 2 must be persons with financial expertise with relevant qualifications or experience in financial management; and

(b)

one must be a person with commercial expertise at a senior level.

(6)

In this section a reference to a fixed number of members is a reference to the number of members fixed by Order in Council under section 63.

Note

Note to s. 11 amended by No. 69/2015 s. 93(4).

Section 11A provides for the composition of the Council until an Order in Council is made under section 63.

S. 11A inserted by No. 69/2015 s. 94.

Swinburne University of Technology Act 2010

About this Act

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