University Acts (Amendment) Act 1996

merge part of the Hawthorn Institute of Education into The University of Melbourne;

make further provision for the Governor to act as Visitor of certain universities;

make miscellaneous amendments to the Acts establishing the universities.

This Act, except Parts 2 and 3, comes into operation on the day on which it receives the Royal Assent.

Parts 2 and 3 come into operation on 1 January 1997.

The University of Melbourne is the successor in law of the Hawthorn Company; and

the assets and rights of the Hawthorn Company vest in The University of Melbourne; and

the liabilities and obligations of the Hawthorn Company become liabilities or obligations of The University of Melbourne; and

any scholarship, prize or bursary of a continuing nature administered by the Hawthorn Company and existing immediately before 1 January 1997 shall be administered by The University of Melbourne, but otherwise in accordance with the terms and conditions to which it was subject immediately before that date; and

all contracts, deeds, bonds, agreements, arrangements, guarantees and other instruments (except contracts, agreements or arrangements relating to the members of staff of the Hawthorn Company referred to in section 6) made or entered into by, on behalf of, or in relation to the Hawthorn Company and in force immediately before 1 January 1997 have effect as if made or entered into by, on behalf of, or in relation to, The University of Melbourne; and

all actions, claims, arbitrations, applications and other proceedings (including proceedings on appeal or review) pending or existing immediately before 1 January 1997 by, against, or in relation to the Hawthorn Company have effect as if they were proceedings by, against, or in relation to The University of Melbourne, and may be continued and completed accordingly; and

any permit, licence or authority issued or granted to the Hawthorn Company by or under any Act continues to operate, despite anything in this Act, in favour of The University of Melbourne in the same way and to the same extent as it operated in favour of the Hawthorn Company; and

unless the contrary intention appears, a reference to the Hawthorn Company is deemed to be a reference to The University of Melbourne if the reference—

is in an Act, other than this Act, a subordinate instrument within the meaning of the Interpretation of Legislation Act 1984, a judgment or order of any other document whatever; and

is in relation to a period occurring on or after 1 January 1997; and

all records and documents of the Hawthorn Company become the property of The University of Melbourne.

before or after 1 January 1997—

a gift, disposition or trust of property is made or declared or is deemed to have been made or declared; or

a trust fund is created—

the gift, disposition, trust or trust fund takes effect, or may take effect, or the trust fund may be applied, on or after that date—

in the case of a gift, disposition or trust of property, takes effect as if made or declared to or in favour of The University of Melbourne or a company referred to in section 40A of the Melbourne University Act 1958 for a purpose of The University of Melbourne or such a company that corresponds with, or is similar to, those purposes of the Hawthorn Company for which it was made or declared; or

in the case of a trust fund, may be applied as if created in favour of The University of Melbourne or a company referred to in section 40A of the Melbourne University Act 1958 for a purpose of The University of Melbourne or such a company that corresponds with, or is similar to, those purposes of the Hawthorn Company for which the fund was created.

On 1 January 1997, a person who, immediately before that date, was a member of the staff employed by the Hawthorn Company becomes a member of the staff of The University of Melbourne.

A person who becomes a member of the staff of The University of Melbourne under subsection (1)—

is a member of the staff of The University of Melbourne with remuneration no less than the person was receiving or was entitled to receive as a member of the staff of the Hawthorn Company immediately before 1 January 1997 and on terms and conditions no less favourable than those applying to that person immediately before that date; and

continues to have the benefit of all entitlements (including all entitlements arising from recognition of prior service with other bodies) accrued in respect of the person's appointment at the Hawthorn Company before 1 January 1997—

A person transferred under subsection (1) who, immediately before the transfer, was an officer within the meaning of the State Superannuation Act 1988, continues, subject to that Act, to be an officer within the meaning of that Act, while he or she continues as a member of staff of The University of Melbourne.

The rules of the Hawthorn Company in force immediately before 1 January 1997, to the extent to which they could be made as regulations by The University of Melbourne and are not inconsistent with any rules so made, continue to have effect—

as if made as regulations under a Statute of The University of Melbourne; and

as if any reference to the Hawthorn Company were a reference to The University of Melbourne.

Rules continued in force under subsection (1) may be amended or revoked as if they were regulations made under a Statute by The University of Melbourne.

for the definition of Outer Eastern region of Melbourne substitute '"Outer Eastern region of Melbourne" means the municipal districts of Knox, Maroondah and Yarra Ranges;';

for the definition of post-graduate student substitute—