New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Saint John's College Bill 2018
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 Constitution and management of College
4 Constitution of The Rector and Fellows of Saint John's College 3
5 Functions of College 3
6 Council of College 3
7 Role of Council 3
8 Election of lay persons to Council 4
9 Duties of Council members 4
Part 3 College office holders
10 Rector 5
11 Vice-Rector 5
12 Council may suspend or remove Rector and Vice-Rector 5
13 Visitor 5
14 Chaplain 5
Saint John's College Bill 2018 [NSW]
Contents
Page
Part 4 Miscellaneous
15 Eligibility for residency on College premises 7
16 Dealings with Crown land 7
17 Protection from personal liability 7
18 By-laws 7
19 Repeal of Saint John's College Act 1857 and by-laws 7
Schedule 1 Members and procedure of Council 8
Schedule 2 Savings, transitional and other provisions 12
Page 2
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2018
New South Wales
Saint John's College Bill 2018
Act No , 2018
An Act to constitute The Rector and Fellows of Saint John's College as a corporation; to repeal
the Saint John's College Act 1857; and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Saint John's College Bill 2018 [NSW]
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Saint John's College Act 2018.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Definitions
(1) In this Act:
Archbishop means the Roman Catholic Archbishop of Sydney.
by-laws means by-laws made under this Act.
clerical member--see section 6 (3).
College means the corporation constituted by this Act.
Council means the Council of the College established under this Act.
former Act means the Saint John's College Act 1857.
function includes a power, authority or duty, and exercise a function includes
perform a duty.
lay member--see section 6 (4).
lay person means a person who is not a Roman Catholic priest or member of a
Roman Catholic order.
member means a member of the Council.
member of a Roman Catholic order means a member of an Institute of Consecrated
Life within the Roman Catholic Church.
Rector means the person appointed as Rector of the College under section 10.
University means the University of Sydney.
Vice-Chancellor means the Vice-Chancellor of the University.
Vice-Rector means the person appointed as Vice-Rector of the College under
section 11.
Visitor--see section 13.
Note. The Interpretation Act 1987 contains definitions and other provisions that affect the
interpretation and application of this Act.
(2) A reference in this Act to a student residing on the premises of the College includes
a reference to a person who is enrolled as a non-residential student of the College.
(3) Notes included in this Act do not form part of this Act.
Page 2
Saint John's College Bill 2018 [NSW]
Part 2 Constitution and management of College
Part 2 Constitution and management of College
4 Constitution of The Rector and Fellows of Saint John's College
(1) There is constituted by this Act a corporation with the corporate name of "The Rector
and Fellows of Saint John's College".
(2) The College is a Roman Catholic residential college within the University and may
also be known as the College of Saint John the Evangelist.
(3) The College is a continuation of, and the same legal entity as, the corporation
constituted by the former Act.
5 Functions of College
The College has the following functions:
(a) to provide accommodation, education and religious instruction to students,
(b) any other functions conferred or imposed on it by or under this or any other
Act.
Note. See, for example, section 50 of the Interpretation Act 1987.
6 Council of College
(1) There is to be a Council of the College.
(2) The Council consists of the following members:
(a) the Rector,
(b) 3 persons appointed by the Archbishop, each of whom must be a Roman
Catholic priest or member of a Roman Catholic order,
(c) 4 lay persons elected under section 8,
(d) 1 lay person appointed by the Vice-Chancellor,
(e) 4 lay persons appointed by the Council.
(3) The persons appointed as members by the Archbishop are clerical members.
(4) The persons who are otherwise appointed or elected as members (other than the
Rector) are lay members.
(5) Each person appointed to the Council must have expertise and experience relevant to
the Council's functions and an appreciation of the objects, values, functions and
activities of the College.
(6) The Council is to have regard to gender diversity in appointing persons under
subsection (1) (e).
7 Role of Council
(1) All decisions relating to the functions of the College are to be made by or under the
authority of the Council.
(2) Any act, matter or thing done in the name of, or on behalf of, the College by or under
the authority of the Council is taken to have been done by the College.
(3) The Council has the following functions:
(a) to develop and implement policies and strategic plans for the administration of
the College,
(b) to develop and implement the College's educational and pastoral philosophy,
(c) to manage the College's financial resources,
Page 3
Saint John's College Bill 2018 [NSW]
Part 2 Constitution and management of College
(d) to oversee the performance of the College as a whole,
(e) to monitor the performance of the Rector and the Vice-Rector,
(f) any other functions conferred or imposed on it by or under this or any other
Act or law.
(4) The Council may, subject to any by-laws, establish committees to assist it in
connection with the exercise of any of its functions.
8 Election of lay persons to Council
(1) The election of 4 lay persons as members of the Council is to be held in accordance
with any by-laws (or, if there are no by-laws relating to the election in force, in
accordance with any procedures determined by the Council).
Note. Clause 2 of Schedule 1 provides that 2 of the lay persons first elected to the Council will
serve only 2 year terms, rather than the usual term of 4 years. As a result, an election will be
held every 2 years to fill 2 vacancies.
(2) The following persons only are eligible to vote in an election under this section:
(a) a person who is a member or former member of the Council,
(b) a person who was a member of the Council constituted under the former Act,
(c) a person who is a graduate of the University and who has resided on the
premises of the College for at least 1 academic year.
(3) The Council is to maintain, in accordance with any by-laws, a roll containing the
name and address of each person eligible to vote in an election under this section.
9 Duties of Council members
In exercising the member's functions, a member must:
(a) act in the best interests of the College as a whole, and
(b) act honestly, in good faith and for a proper purpose, and
(c) exercise a reasonable degree of care and diligence, and
(d) not make improper use of the member's position to gain an advantage for the
member or another person, and
(e) disclose any interest (whether pecuniary or otherwise) that would conflict with
the proper exercise of the member's functions and avoid exercising any
function that could involve such a conflict of interest.
Page 4
Saint John's College Bill 2018 [NSW]
Part 3 College office holders
Part 3 College office holders
10 Rector
(1) The Council is to appoint a person as the Rector of the College.
(2) A person appointed as Rector must be a Roman Catholic priest, a member of a
Roman Catholic order or a practising Roman Catholic lay person.
(3) The term of office and the terms and conditions of the appointment of the Rector are
to be determined by the Council.
(4) The Rector is the chief executive officer of the College and has the following
functions:
(a) to conduct the day-to-day management of the affairs of the College,
(b) to act as steward of the College on behalf of the Council,
(c) to control and supervise the students residing on the premises of the College,
(d) any other functions prescribed by the by-laws or determined by the Council.
(5) The Rector must exercise his or her functions in accordance with the by-laws and any
policies of the Council.
11 Vice-Rector
(1) The Council may appoint a person as the Vice-Rector of the College.
(2) A person appointed as Vice-Rector must be a Roman Catholic priest, a member of a
Roman Catholic order or a practising Roman Catholic lay person.
(3) The term of office and the terms and conditions of the appointment of the
Vice-Rector are to be determined by the Council.
(4) The Vice-Rector is to act in the office of Rector during the absence of the Rector,
subject to any determinations of the Council. While so acting, the Vice-Rector has
all the functions of the Rector and is taken to be the Rector.
(5) The Vice-Rector also has any functions prescribed by the by-laws or determined by
the Council.
12 Council may suspend or remove Rector and Vice-Rector
(1) The Council may suspend or remove the Rector or the Vice-Rector from office for
sufficient cause.
(2) A person suspended or removed from office under this section may appeal to the
Visitor for a review of the decision to suspend or remove the person from office.
(3) The Visitor may affirm the decision to suspend or remove the person from office,
vary the decision or set aside the decision and make a new decision in its place.
13 Visitor
(1) The Archbishop is the Visitor of the College.
(2) The Visitor has the functions conferred or imposed on the Visitor by or under this
Act or any other Act or law.
14 Chaplain
(1) If the person holding office as the Rector is not a Roman Catholic priest or member
of a Roman Catholic order, the Archbishop may appoint a person, nominated by the
Council, as the Chaplain of the College.
Page 5
Saint John's College Bill 2018 [NSW]
Part 3 College office holders
(2) The Chaplain has the function of providing religious and spiritual support to students
residing on the premises of the College.
Page 6
Saint John's College Bill 2018 [NSW]
Part 4 Miscellaneous
Part 4 Miscellaneous
15 Eligibility for residency on College premises
(1) A person is eligible to reside on the premises of the College if the person is a current
student of the University, regardless of the person's religion.
(2) The by-laws may prescribe other classes of persons who are eligible to reside on the
premises of the College.
16 Dealings with Crown land
The College may transfer an interest or estate in, or otherwise deal with, Crown land
(within the meaning of the Crown Lands Act 1989) transferred to it or otherwise
under its control or management, only if the College first obtains the Minister's
written approval.
17 Protection from personal liability
Anything done or omitted to be done by the College, a member of the Council or any
person acting under the direction of the College does not subject the member or
person so acting personally to any action, liability, claim or demand if the thing was
done or omitted to be done in good faith for the purposes of executing this Act or the
by-laws.
18 By-laws
(1) The Council may make by-laws, not inconsistent with this Act, for or with respect to
any matter that is required or permitted to be prescribed or that is necessary or
convenient to be prescribed for carrying out or giving effect to this Act and, in
particular, for or with respect to the following:
(a) the management of the affairs of the College,
(b) the control and supervision of students residing on the premises of the College,
(c) the procedures for the election of Council members,
(d) the committees established by the Council,
(e) the procedures for Council meetings,
(f) the functions of the Rector and the Vice-Rector.
(2) A by-law may be amended or repealed by a later by-law made under this section.
(3) The by-laws are to be made publicly available on the College's website.
19 Repeal of Saint John's College Act 1857 and by-laws
The Saint John's College Act 1857 and any by-laws made under that Act are
repealed.
Page 7
Saint John's College Bill 2018 [NSW]
Schedule 1 Members and procedure of Council
Schedule 1 Members and procedure of Council
Part 1 General
1 Definitions
In this Schedule:
Chairperson means the member elected as the Chairperson under clause 7.
Deputy Chairperson means the member elected as the Deputy Chairperson under
clause 7.
member does not include the Rector, except as otherwise provided.
Part 2 Constitution
2 Term of office
(1) A member holds office for 4 years and is eligible for re-appointment or re-election,
except as provided by this clause.
(2) Of the 3 clerical members appointed to the Council under section 6 immediately after
the commencement of that section, 1 is to be appointed for a term of 2 years only.
(3) Of the 4 lay members elected to the Council under section 8 in the first election after
the commencement of that section, 2 are to be elected for a term of 2 years only.
(4) Of the 4 lay members appointed to the Council under section 6 immediately after the
commencement of that section, 2 are to be appointed for a term of 2 years only.
(5) A person may not hold office as a member for more than 12 years in total.
3 Vacancy in office of member
The office of a member becomes vacant if the member:
(a) dies, or
(b) completes a term of office and is not re-appointed or re-elected, or
(c) resigns the office by instrument in writing addressed to the Chairperson, or
(d) is removed from office by the Council in accordance with the by-laws, or
(e) is absent from 3 consecutive meetings of the Council of which reasonable
notice has been given to the member, except on leave granted by the Council
or unless the member is excused by the Council for having been absent from
those meetings, or
(f) becomes bankrupt, applies to take the benefit of any law for the relief of
bankrupt or insolvent debtors, compounds with his or her creditors or makes
an assignment of his or her remuneration for their benefit, or
(g) becomes a mentally incapacitated person, or
(h) is convicted in New South Wales of an offence that is punishable by
imprisonment for 12 months or more or is convicted elsewhere than in New
South Wales of an offence that, if committed in New South Wales, would be
an offence so punishable.
4 Filling of vacancy in office of member
If the office of a member becomes vacant, a person is, subject to this Act, to be
appointed or elected (as the case requires) to fill the vacancy.
Page 8
Saint John's College Bill 2018 [NSW]
Schedule 1 Members and procedure of Council
5 Casual vacancy in office of elected member
(1) A casual vacancy in the office of a member elected under section 8 is to be filled:
(a) by the candidate who received the highest number of votes in the most recent
election other than the person elected, or
(b) if there is no such person available to fill the vacancy, by a person appointed
by the Council.
(2) The person who fills the casual vacancy holds office, subject to this Act, for the
remainder of the term of the member who has vacated office.
(3) In this clause, casual vacancy means a vacancy that occurs other than because of the
completion of a term of office.
6 Extraordinary dismissal of Council
(1) This clause has effect despite any other provision of this Act.
(2) If there are vacancies in the office of all 3 clerical members or in the office of 8 of
the 9 lay members, the Visitor may, with the concurrence of the Vice-Chancellor:
(a) remove the remaining members, and
(b) appoint such persons as members as are necessary to enable the Council to be
established in accordance with section 6.
(3) A person removed under subclause (2) (a) may (but need not) be appointed as a
member under subclause (2) (b).
(4) A member appointed under this clause holds office, unless sooner removed from
office, for a period of up to 3 years specified in the member's instrument of
appointment.
(5) The Visitor may, in consultation with the Vice-Chancellor, extend the term of office
of a member appointed under this clause for a further period of up to 2 years.
(6) The Visitor may, in consultation with the Vice-Chancellor, remove a member
appointed under this clause from office for sufficient cause by revoking the
appointment of the member by notice in writing given to the member.
(7) The Visitor may, in consultation with the Vice-Chancellor, fill a vacancy (however
arising) in the office of a member appointed under this clause for the remainder of
the term of office of the member vacating office.
(8) The Visitor, in consultation with the Vice-Chancellor, is to convene the first meeting
of the Council after the requisite members are appointed under this clause in such
manner as the Visitor thinks fit and is to nominate the member to preside at that
meeting.
7 Chairperson and Deputy Chairperson
(1) The Council is to elect a Chairperson and a Deputy Chairperson from among the
members.
(2) The Rector may not hold the office of Chairperson or Deputy Chairperson.
(3) The terms of office of the Chairperson and Deputy Chairperson are to be determined
by the Council but must not exceed 3 years.
8 Disclosure of material interests
(1) If:
(a) a member has a material interest in a matter being considered or about to be
considered at a meeting of the Council, and
Page 9
Saint John's College Bill 2018 [NSW]
Schedule 1 Members and procedure of Council
(b) the interest appears to raise a conflict with the proper performance of the
member's duties in relation to the consideration of the matter,
the member must, as soon as possible after the relevant facts have come to the
member's knowledge, disclose the nature of the interest at a meeting of the Council.
(2) After a member has disclosed the nature of an interest in any matter, the member
must not, unless the Council otherwise determines:
(a) be present during any deliberation of the Council with respect to the matter, or
(b) take part in any decision of the Council with respect to the matter.
(3) For the purpose of the making of a determination by the Council under subclause (2),
a member who has a material interest in a matter to which the disclosure relates must
not:
(a) be present during any deliberation of the Council for the purpose of making
the determination, or
(b) take part in the making by the Council of the determination.
(4) In this clause, member includes the Rector.
Part 3 Procedure
9 Procedure for Council meetings
(1) The procedure for the calling of meetings of the Council and for the conduct of
business at those meetings is, subject to this Act and the by-laws, to be as determined
by the Council.
(2) The Chairperson (or, in the absence of the Chairperson, the Deputy Chairperson or,
in the absence of both the Chairperson and the Deputy Chairperson, another member
elected by the members of the Council who are present at a meeting) is to preside at
a meeting of the Council.
(3) The presiding member has a deliberative vote and, in the event of an equality of
votes, also has a casting vote.
(4) A decision supported by a majority of the votes cast at a meeting of the Council at
which a quorum is present is the decision of the Council.
10 Quorum
(1) The quorum for a meeting of the Council is 7 members.
(2) In this clause, member includes the Rector.
11 Transaction of Council business
(1) A meeting of the Council may be called or held using any technology consented to
by all members.
(2) The consent may be a standing one.
(3) A member may only withdraw the member's consent a reasonable period before the
meeting.
(4) The Council may, if it thinks fit, transact any of its business by the circulation of
papers among all the members of the Council for the time being, and a resolution in
writing approved in writing by a majority of those members is taken to be a decision
of the Council made at a meeting of the Council.
Page 10
Saint John's College Bill 2018 [NSW]
Schedule 1 Members and procedure of Council
(5) Papers may be circulated among the members for the purposes of subclause (4) by
electronic means.
(6) In this clause, member includes the Rector.
Page 11
Saint John's College Bill 2018 [NSW]
Schedule 2 Savings, transitional and other provisions
Schedule 2 Savings, transitional and other provisions
Part 1 General
1 Regulations
(1) The Governor may make regulations containing provisions of a savings or
transitional nature consequent on the enactment of this Act or any Act that amends
this Act.
(2) Any such provision may, if the regulations so provide, take effect from the date of
assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than
the date of its publication on the NSW legislation website, the provision does not
operate so as:
(a) to affect, in a manner prejudicial to any person (other than the State or an
authority of the State), the rights of that person existing before the date of its
publication, or
(b) to impose liabilities on any person (other than the State or an authority of the
State) in respect of anything done or omitted to be done before the date of its
publication.
Part 2 Provisions consequent on enactment of this Act
2 Transitional arrangements for new Council
(1) As soon as practicable after the commencement of section 6:
(a) the Archbishop is to appoint 3 persons to the Council under section 6 (2) (b),
and
(b) the Vice-Chancellor is to appoint a lay person to the Council under
section 6 (2) (d), and
(c) the former Council is to arrange for the election of 4 lay persons to the Council
under section 8, and
(d) the Visitor, or a person designated by the Visitor, is to convene a meeting of
the Council at which the Council is to appoint 4 lay persons to the Council
under section 6 (2) (e).
(2) The former Council is taken to be the Council, and is to exercise the functions of the
Council, until the meeting referred to in subclause (1) (d) is convened.
(3) In this clause, former Council means the persons who constituted the Council under
the former Act immediately before the repeal of that Act.
Page 12
Saint John's College Bill 2018 [NSW]
Schedule 2 Savings, transitional and other provisions
3 Existing Rector and Vice-Rector to continue
The persons who, immediately before the commencement of this clause, held office
as Rector and Vice-Rector are taken to have been appointed as the Rector and
Vice-Rector, respectively:
(a) for the balance of the term of office for which the person was so appointed
before the commencement of this clause, and
(b) on the same terms and conditions as the person was so appointed.
Page 13
[Index] [Search] [Download] [Related Items] [Help]