University of Tasmania Amendment Act 2004

University of Tasmania Amendment Act 2004

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 2004 .

2.   Commencement

This Act commences on 1 January 2005.

3.   Principal Act

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

4.    Section 8 amended (Constitution of the Council)

Section 8 of the Principal Act is amended as follows:

(a) by omitting from subsection (1)(d) "3" and substituting "4";

(b) by omitting paragraphs (f) and (g) from subsection (1) ;

(c) by omitting paragraph (i) from subsection (1) and substituting the following paragraph:

(i) 2 students appointed by the Council, after consultation with any relevant student associations;

(d) by omitting from subsection (1)(j) "3" and substituting "4";

(e) by inserting in subsection (1)(j) "or general staff" after "staff";

(f) by omitting subsection (2) ;

(g) by omitting subsection (5) and substituting the following subsection:

(5)  Before making an appointment to the Council, the Minister and the Council must –

(a) give public notification of the vacancy; and

(b) consult with each other about any intended appointment; and

(c) have regard to the balance of skills and experience, regional representation and an appropriate gender balance.

5.    Section 22AA inserted

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

22AA.   Protection for person conducting inquiry

A person authorised by the University to conduct an inquiry into a matter has, in conducting that inquiry, the same protection and immunity as a judge of the Supreme Court.

6.    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) up to 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) .

(b) by inserting in clause 1(2) "provided that a person is not to hold office for a total of more than 12 years, unless the Council otherwise determines in a specific case" after "office";

(c) by inserting the following paragraph after paragraph (c) in clause 2(1) :

(ca) if the member is disqualified from acting as a director under Part 2D.6 of the Corporations Act 2001 of the Commonwealth; or

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

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

(2) If a two-thirds majority of the Council is of the opinion 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 Council may dismiss the member from office.

(f) by omitting clause 3A .

7.    Schedule 4 amended (Savings and Transitional)

Schedule 4 to the Principal Act is amended by omitting clause 6 from Part 2 and substituting:

6.   Terms of office for certain members

In respect of the Council constituted on 1 January 2005, the members referred to in section 8(1)(d) and (j) are to hold office for such period not exceeding 4 years as is specified in their instruments of appointment.

[Second reading presentation speech made in:

House of Assembly on 26 OCTOBER 2004

Legislative Council on 17 NOVEMBER 2004]