Curtin University Act 1966

[Section 9B inserted: No. 8 of 2005 s. 7.]

10. Vacation of office

If a member —

dies; or

resigns their office by written notice given to the Minister; or

is a person in respect of whom an administration order is in force under Part 6 of the Guardianship and Administration Act 1990; or

is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or

is convicted of an indictable offence; or

is removed from office by the Council under section 10AA; or

is, or becomes, disqualified from managing corporations under Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or

is absent without leave of the Council from 3 consecutive meetings of the Council; or

ceases to hold the qualification required under section 9 for being a member, and in particular —

in the case of a person elected under section 9(1)(c), they cease to be a member of the academic staff; or

in the case of a person elected under section 9(1)(d), they cease to be an enrolled student; or

in the case of a person elected under section 9(1)(e), they cease to be a member of the non-academic salaried staff,

their office becomes vacant and must be filled as a casual vacancy in accordance with section 10A.

[Section 10 amended: No. 49 of 1971 s. 4; No. 37 of 1981 s. 9; No. 96 of 1986 s. 11; No. 24 of 1990 s. 123; No. 8 of 2005 s. 8; No. 18 of 2009 s. 28(2); No. 32 of 2016 s. 15.]

10AA. Removal of members for breach of certain duties and suspension pending removal

The Council may —

remove from office a member for breach of a duty mentioned in Schedule 1A clause 1(1), 2(1) or 3;

suspend from office a member who is alleged to have breached a duty mentioned in Schedule 1A clause 1(1), 2(1) or 3 until the motion for removal is put to the vote.

The removal or suspension from office may be effected only at a meeting of the Council of which notice (including notice of the motion that the member concerned be removed or suspended from office for breach of duty) was duly given.

Despite section 13(1), the removal or suspension of a member from office may be effected only if the motion for removal or suspension is supported by a majority comprising enough of the members for the time being for their number to be at least two‑thirds of the total number of offices (whether vacant or not) of member.

The motion for removal or suspension must not be put to the vote of the meeting unless the member concerned has been given a reasonable opportunity to reply to the motion at the meeting, either orally or in writing.

If the member to whom the motion for removal or suspension refers does not attend the meeting, a reasonable opportunity to reply to the motion is to be taken to have been given if notice of the meeting has been duly given.

The Council cannot remove or suspend from office a member for breach of a duty mentioned in Schedule 1A clause 1(1), 2(1) or 3 except in accordance with this section.

A person must not vote on any question relating to the person’s removal or suspension from office by the Council for the breach of a duty mentioned in Schedule 1A clause 1(1), 2(1) or 3, or be present while the matter is being considered at a meeting.

This section applies only in relation to a breach of a duty mentioned in Schedule 1A clause 1(1), 2(1) or 3 that occurs after the Universities Legislation Amendment Act 2005 comes into operation.

A person does not breach a duty mentioned in Schedule 1A clause 1(1)(a), (b) or (c) by doing or omitting to do anything in compliance with a direction given to the person in exercise of a power conferred by a written law.

Subsection (9) does not extend to the manner in which a thing is done or omitted if it is done or omitted in a manner that is contrary to Schedule 1A clause 1(1)(a), (b) or (c) and the direction did not require that it be done in that manner.

The suspension from office of a member does not create a vacancy in that office.

[Section 10AA inserted: No. 8 of 2005 s. 9; amended: No. 32 of 2016 s. 16.]

10A. Casual vacancies

If a casual vacancy occurs in the office of a member, the vacancy is to be filled in the same manner as if that member’s term of office had expired.

[Section 10A inserted: No. 32 of 2016 s. 17.]

11. Meetings of Council

The Chancellor shall preside at all meetings of the Council at which he is present.

The members shall from time to time as occasion arises —

elect a person, whether a member or not, to be the Chancellor of the University for a term not exceeding 3 years;

elect one of its members to be the Pro‑Chancellor of the University for a term not exceeding 3 years.

At any meeting of the Council at which —

the Chancellor is not present, the Pro‑Chancellor of the University shall preside at the meeting;

the Chancellor and the Pro‑Chancellor of the University are not present, the members present at the meeting shall elect a member to preside at that meeting,

and while so presiding the Pro‑Chancellor of the University or the member, as the case may be, has all the powers and duties of the Chancellor.

Subject to the Statutes, the Council shall hold such meetings thereof as are necessary for the performance of its functions.

Subject to the Statutes, the Chancellor may at any time convene a meeting of the Council and shall convene a meeting when requested in writing by the Minister to do so or when so requested by any 3 members.

Subject to this Act and the Statutes the Council may regulate its own procedure in such manner as it thinks fit.

[Section 11 amended: No. 96 of 1986 s. 11; No. 32 of 2016 s. 18.]

12. Disclosure of interests