Murdoch University Act 1973

[Section 14A inserted: No. 8 of 2005 s. 27.]

15. Resignation, disqualification and vacation of office

The Chancellor may resign their office by written notice given to the Minister.

The Deputy Chancellor or a member of the Senate may resign their office by written notice given to the Minister.

A person who —

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

has their appointment terminated by the Governor for inability, inefficiency or misbehaviour,

is not capable of holding office under this Act and on the happening of any such event the person’s office becomes vacant and the person is not eligible for re‑appointment.

A member of the Senate who is removed from office by the Senate under section 15A is not eligible to be a member again until —

in the case of a member elected by the students, one year has elapsed since the removal; or

in the case of any other member, 3 years have elapsed since the removal.

If a person who is a member of the Senate ceases to hold the required qualification under section 12 for being a member, the person’s office as member becomes vacant.

The office of a member of the Senate shall be vacated if, without leave obtained from the Senate, the member has been absent from all meetings of the Senate for 6 consecutive months, or has been absent from more than one‑half of the meetings of the Senate during any period of 12 consecutive months.

[Section 15 amended: No. 24 of 1990 s. 123; No. 8 of 2005 s. 28; No. 18 of 2009 s. 58; No. 32 of 2016 s. 101.]

15A. Removal of Senate members for breach of certain duties and suspension pending removal

The Senate may —

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

suspend from office a member of the Senate who is alleged to have breached a duty mentioned in Schedule 1 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 Senate 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 12(6), the removal or suspension 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 of the Senate for their number to be at least two‑thirds of the total number of offices (whether vacant or not) of member of the Senate.

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 Senate cannot remove or suspend from office a member of the Senate for breach of a duty mentioned in Schedule 1 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 Senate for the breach of a duty mentioned in Schedule 1 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 1 clause 1(1), 2(1) or 3 that occurs after the Universities Legislation Amendment Act 2005 comes into operation ¹.

A person does not breach a duty mentioned in Schedule 1 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 1 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 of the Senate does not create a vacancy in that office.

[Section 15A inserted: No. 8 of 2005 s. 29; amended: No. 32 of 2016 s. 102.]

16. Casual vacancies

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

[Section 16 inserted: No. 32 of 2016 s. 103.]

17. Functions of Senate, its powers and duties

The governing body of the University shall be the Senate.

Subject to the provisions of this Act, the Senate —

shall have the entire control and management of the affairs and concerns of the University and may act in all matters concerning the University in the manner which to it appears most likely to promote the objects and interests of the University;

shall appoint, and may vary or terminate the appointment of, the academic and other staff, officers and employees of the University;

in the name and on behalf of the University and in accordance with the Statutes and regulations made under section 26, shall have the power to award degrees and other academic distinctions, and may grant honorary degrees and other distinctions on approved persons, and may for good cause deprive persons of any degree or other distinction granted or awarded by the University;

in the name and on behalf of the University, may, with the approval of the Governor and in the manner and to the extent by this Act provided, make, alter and repeal by‑laws for the purpose of managing, preserving and protecting the lands of the University and regulating the use of those lands by any person and the conduct of persons when on or upon those lands;

may, with the approval of the Governor and in the manner by this Act provided, make, alter and repeal Statutes with respect to the constitution, management, good government and discipline of the University.

[Section 17 amended: No. 103 of 1975 s. 2; No. 48 of 1989 s. 17; No. 32 of 2016 s. 104.]

17A. Disclosure of interests