University of Tasmania Amendment Act 2001

University of Tasmania Amendment Act 2001

An Act to amend the University of Tasmania Act 1992

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the University of Tasmania Amendment Act 2001 .

2.   Commencement

(1)  Sections 8 , 9 , 10 , 13 and 17 commence on 1 September 2001.

(2)  The remaining provisions of this Act commence on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the University of Tasmania Act 1992 is referred to as the Principal Act.

4.    Section 2 amended (Commencement)

Section 2 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) ", except section 8 ,";

(b) by omitting subsection (2) .

5.    Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended as follows:

(a) by omitting the definition of academic staff and substituting the following definitions:

academic staff means the Vice-Chancellor, any Deputy Vice-Chancellor, any Pro Vice-Chancellor and members of the staff of the University engaged, either full-time or for fractional time, in teaching and research, research only or teaching only but not including casual employees;

Alumni means an association of graduates of the University as established by Ordinance;

(b) by omitting the definition of eligible part-time academic staff ;

(c) by omitting the definition of general staff and substituting the following definition:

general staff means the staff of the University, engaged full-time or for fractional time, but not including casual employees or the academic staff;

(d) by inserting the following definition after the definition of graduate :

intellectual property means all copyright including future copyright, trademarks, designs, patents registered and unregistered, plant breeders' rights, trade secrets and know-how, semiconductor or circuit layouts and all other intellectual property as defined in the convention of 1967 establishing the World Intellectual Property Organisation;

(e) by omitting ", but does not include a student who has been exempted from attendance at all classes" from the definition of student .

6.    Section 5 amended (Constitution of the University)

Section 5(1) of the Principal Act is amended as follows:

(a) by omitting from paragraph (b) "full-time";

(b) by omitting paragraph (c) ;

(c) by omitting from paragraph (d) "full-time".

7.    Section 6 amended (Functions of the University)

Section 6 of the Principal Act is amended by inserting after paragraph (f) the following paragraph:

(fa) to foster or promote the commercialisation of any intellectual property;

8.    Section 8 substituted

Section 8 of the Principal Act is repealed and the following section is substituted:

8.   Constitution of the Council

(1)  The University has a Council consisting of the following members:

(a) the Chancellor;

(b) the Vice-Chancellor;

(c) the Chairperson of the Academic Senate or, if the Vice-Chancellor occupies that office, the Deputy Chairperson of the Academic Senate;

(d) 3 persons appointed by the Minister, each of whom must not be a student or member of the academic staff or general staff and of whom at least one must be a graduate of the University;

(e) 3 members of the academic staff elected by the academic staff, including at least one senior academic as prescribed by Ordinance;

(f) the Chairperson of the Alumni or, if he or she is a member of the academic staff or general staff or a student, another member of the Alumni appointed under subsection (2) ;

(g) the Deputy Chairperson of the Alumni or, if he or she is a member of the academic staff or general staff or a student, another member of the Alumni appointed under subsection (2) ;

(h) one member of the general staff elected by the general staff;

(i) 2 students elected by the students;

(j) 3 persons appointed by the Council, each of whom must not be a member of the academic staff or a student and of whom at least one must be a graduate of the University;

(k) if so resolved by the Council, an additional person with international experience relevant to the functions of the University.

(2)  If the Chairperson or Deputy Chairperson of the Alumni is a member of the academic staff or general staff or a student, a member of the Alumni who is not a member of the academic staff or general staff or a student is to be appointed by the executive of the Alumni as a member of the Council.

(3)  A member of the Council is responsible and accountable to the Council rather than to any constituent body by which he or she was appointed or elected.

(4)  Schedule 1 has effect with regard to the members, proceedings and activities of the Council.

(5)  Before making an appointment to the Council, the Minister and the Council must give public notification of vacancies and must have regard to regional representation and an appropriate gender balance.

(6)  In respect of the constitution of the Council on 1 September 2001, this section has effect subject to Schedule 4.

(7)  For the purposes of subsection (1)(e) ,

academic staff does not include the Vice-Chancellor, any Deputy Vice-Chancellor or any Pro Vice-Chancellor.

9.    Section 9 amended (Role and powers of the Council)

Section 9 of the Principal Act is amended by inserting after subsection (3) the following subsections:

(4)  The Council must establish an audit committee and may establish other committees to perform or exercise any of its functions or powers.

(5)  A committee may include persons who are not members of the Council.

10.    Sections 11A and 11B inserted

After section 11 of the Principal Act , the following sections are inserted in Division 3:

11A.   Obligation for care and diligence

(1)  In this section,

business judgment means any decision to take or not to take action in respect of a matter relevant to the functions of the Council.

(2)  A member of the Council is to exercise his or her powers and discharge his or her duties with the degree of care and diligence that a reasonable person would exercise if he or she –

(a) were a member of the Council in the Council's circumstances; and

(b) occupied the office held by, and had the same responsibilities within the Council as, the member.

(3)  A member of the Council who makes a business judgment is taken to meet the requirements of subsection (2) , and his or her equivalent duties at common law and in equity, in respect of the judgment if he or she –

(a) makes the judgment in good faith for a proper purpose; and

(b) does not have a material personal interest in the subject matter of the judgment; and

(c) informs himself or herself about the subject matter of the judgment to the extent he or she reasonably believes to be appropriate; and

(d) rationally believes that the judgment is in the best interests of the University.

(4)  The member's belief that the judgment is in the best interests of the University is taken to be a rational one unless the belief is one that no reasonable person in his or her position would hold.

11B.   Obligations to act in good faith

A member of the Council is to exercise his or her powers and discharge his or her duties –

(a) in good faith in the best interests of the University; and

(b) for a proper purpose.

11.    Section 17 amended (Visitor)

Section 17 of the Principal Act is amended by omitting subsections (2) , (3) and (4) and substituting the following subsections:

(2)  The Governor is the Visitor of the University but has ceremonial functions only.

(3)  The Visitor has no functions or jurisdiction with respect to the resolution of disputes or any other matter concerning the affairs of the University other than a matter involving the exercise of ceremonial functions only.

12.    Section 19 amended (Specific Ordinance-making powers)

Section 19(1) of the Principal Act is amended as follows:

(a) by omitting from paragraph (b) " section 8 (1) (j) , (k) , (l) and (m) " and substituting " section 8(1) ";

(b) by omitting paragraph (c) ;

(c) by omitting from paragraph (g)(ii) "associations." and substituting "associations;";

(d) by inserting the following paragraphs after paragraph (g) :

(h) the defining of categories of the academic staff for any purpose specified in the Ordinance;

(i) a determination that specified members or categories of members of the academic staff are taken not to be members of the academic staff for any industrial or other specified purpose.

13.    Section 19 amended (Specific Ordinance-making powers)

Section 19(2) of the Principal Act is amended by omitting " section 8 (1) (l) " and substituting " section 8(1)(i) ".

14.    Section 22A inserted

After section 22 of the Principal Act , the following section is inserted in Part 4:

22A.   Service of documents

A document that is addressed to the University may be served on the Vice-Chancellor or any member of the academic staff or general staff authorised in writing by the Vice-Chancellor for the purpose.

15.    Section 23 amended (Determinations of status)

Section 23 of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph:

(b) engaged in a full-time capacity, for fractional time or in a casual capacity –

16.    Section 25 amended (Savings and transitional regulations)

Section 25(1) of the Principal Act is amended by inserting "or the University of Tasmania Amendment Act 2001 " after "Act".

17.    Schedule 1 amended (Provisions in respect of the Council)

Schedule 1 to the Principal Act is amended as follows:

(a) by omitting subclause (1) from clause 1 and substituting the following subclause:

(1) Subject to clauses 2 and 3 , a person who is elected or appointed as a member of the Council holds office for a term of –

(a) 4 years in the case of a member referred to in section 8(1)(d) , (j) or (k) ; or

(b) 2 years in the case of a member referred to in section 8(1)(e) or (h) ; or

(c) one year in the case of a member referred to in section 8(1)(i)  –

and the Chairperson and Deputy Chairperson of the Alumni hold office as members of the Council so long as they remain qualified under section 8(1)(f) or (g) , as the case may be.

(b) by omitting from clause 1(2) "successive terms" and substituting "any subsequent term";

(c) by omitting subclause (3) from clause 1 and substituting the following subclause:

(3) If –

(a) an elected or appointed member of the Council ceases to hold the qualification by virtue of which he or she was elected or appointed; or

(b) the office of an elected or appointed member of the Council becomes vacant other than by effluxion of time –

a person may be elected or appointed to that office for the remainder of the term of office of that member and in the same manner as the member was elected or appointed.

(d) by omitting from clause 2(1)(d) "Visitor" and substituting "Minister";

(e) by omitting subclause (2) from clause 2 and substituting the following subclause:

(2) If the Minister is of opinion, on the recommendation of two-thirds of the Council, that an elected or appointed member of the Council –

(a) has failed to discharge his or her obligations under section 11A or 11B ; or

(b) is incapable of discharging the obligations of a member of the Council –

the Minister may dismiss the member from office.

(f) by omitting clause 3 and substituting the following clauses:

3.   Certain members ineligible on loss of status

A member of the Council who is elected under section 8(1)(e) , (h) or (i) is taken to have vacated office if –

(a) in the case of a member elected under section 8(1)(e) , he or she ceases to be a member of the academic staff; or

(b) in the case of a member elected under section 8(1)(h) , he or she ceases to be a member of the general staff; or

(c) in the case of a member elected under section 8(1)(i) , he or she ceases to be a student.

3A.   Certain members of Alumni ineligible

A member of the Council who is appointed to the Council under section 8(2) in place of the Chairperson or Deputy Chairperson of the Alumni is taken to have vacated office if the Chairperson or Deputy Chairperson, as the case may require –

(a) ceases to hold office as such; or

(b) is no longer a member of the academic staff or general staff or a student.

18.    Schedule 4 amended (Savings and Transitional)

Schedule 4 to the Principal Act is amended as follows:

(a) by omitting clauses 1 , 2 and 3 from Part 1 ;

(b) by omitting Part 2 and substituting the following Parts:

PART 2 - Transitional provisions in respect of the Council

5.   Certain members to continue in office

On 1 September 2001 –

(a) the Chancellor continues to hold office as a member of the Council for the balance of his or her term of office and is eligible for re-election; and

(b) the Vice-Chancellor and the Chairperson of the Academic Senate continue to hold office as members of the Council; and

(c) the members of the Council formerly elected as students continue to hold office as such for the balance of their term of office; and

(d) the remaining members of the Council cease to hold office as such but are eligible for re-election or reappointment.

6.   Terms of office for certain members

In respect of the Council constituted on 1 September 2001 –

(a) the members referred to in section 8(1)(d) and (j) , as substituted by the University of Tasmania Amendment Act 2001 , are to hold office for such period not exceeding 4 years as is specified in their instruments of appointment; and

(b) the members referred to in section 8(1)(e) and (h) , as so substituted, are to hold office until 31 December 2002.

PART 3 - Early elections and appointments

7.   Early elections and appointments

(1) For the purposes of constituting the Council, an election may be held and an appointment may be made during the period of 2 months immediately before the position on the Council is to be filled.

(2) For the purposes of constituting the Council on 1 September 2001, a member of the Council referred to in section 8(1)(j) , as substituted by the University of Tasmania Amendment Act 2001 , may be appointed at any time before that date by the Council as constituted at that time.

[Second reading presentation speech made in:

House of Assembly on 10 APRIL 2001

Legislative Council on 23 MAY 2001]