New South Wales Consolidated Acts

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UNIVERSITY OF SYDNEY ACT 1989 - SCHEDULE 1

SCHEDULE 1 – Provisions relating to Fellows and to the procedure of the Senate

(Section 8A (3))

2 Vacation of office

The office of a Fellow becomes vacant if the Fellow--

(a) dies, or
(b) declines to act, or
(c) resigns the office by writing under his or her hand addressed--
(i) in the case of a Fellow appointed by the Minister, to the Minister, or
(ii) in the case of a Fellow appointed by the Senate, to the Chancellor, or
(iii) in the case of an elected Fellow, to the Vice-Chancellor, or
(d) 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 any assignment of his or her estate for their benefit, or
(e) becomes a mentally incapacitated person, or
(f) 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, or
(g) is, or becomes, disqualified from managing a corporation under Part 2D.6 of the Corporations Act 2001 of the Commonwealth, or
(h) is removed from office by the Senate pursuant to section 26G, or
(i) is absent from 3 consecutive meetings of the Senate of which reasonable notice has been given to the Fellow personally or in the ordinary course of post and is not, within 6 weeks after the last of those meetings, excused by the Senate for his or her absence, or
(j) in the case of an elected Fellow, ceases to be qualified for election, or
(k) in the case of a Fellow appointed by the Minister, is removed from office by the Minister, or
(l) in the case of a Fellow appointed by the Senate, is removed from office by the Senate.

3 Filling of vacancy in office of Fellow

(1) If the office of an appointed or elected Fellow becomes vacant, a person is, subject to this Act and the by-laws, to be appointed or elected to fill the vacancy.
(2) The by-laws may provide that, in such circumstances as may be prescribed, a person is to be appointed or elected in such manner as may be prescribed instead of in the manner provided for by this Act.

4 Committees of the Senate

(1) The Senate may establish committees to assist it in connection with the exercise of any of its functions.
(2) It does not matter that any or all of the members of a committee are not Fellows.
(3) The procedure for the calling of meetings of a committee and for the conduct of business at those meetings is to be as determined by the Senate or (subject to any determination of the Senate) by the committee.

5 Liability of Fellows and others

No matter or thing done or omitted to be done by--

(a) the University, the Senate or a Fellow, or
(b) any person acting under the direction of the University or the Senate,
if the matter or thing was done or omitted to be done in good faith for the purpose of executing this or any other Act, subjects a Fellow or a person so acting personally to any action, liability, claim or demand.

6 General procedure

The procedure for the calling of meetings of the Senate and for the conduct of business at those meetings is, subject to this Act and the by-laws, to be as determined by the Senate.

6A Use of technology

(1) Without limiting clause 6, a meeting of the Senate may be called or held using any technology consented to by all the Fellows of the Senate.
(2) The consent may be a standing one.
(3) A Fellow may only withdraw his or her consent a reasonable period before the meeting.
(4) If the Fellows are not all in attendance at one place and are holding a meeting using technology that permits each Fellow to communicate with other Fellows--
(a) the Fellows are, for the purpose of every provision of this Act and by-laws concerning meetings of the Senate, taken to be assembled together at a meeting and to be present at that meeting, and
(b) all proceedings of those Fellows conducted in that manner are as valid and effective as if conducted at a meeting at which all of them were present.

7 Presiding member

(1) The Chancellor is to preside at all meetings of the Senate at which the Chancellor is present.
(2) At any meeting of the Senate at which the Chancellor is not present, the Deputy Chancellor is to preside and, in the absence of both the Chancellor and the Deputy Chancellor, a member elected by and from the members present is to preside.
(3) Except as provided by subclause (4), at the meetings of a committee constituted by the Senate a Fellow appointed by the Senate (or, if no Fellow is so appointed, elected by and from the Fellows present) is to preside.
(4) At any meeting of a committee constituted by the Senate at which the Chancellor is present, the Chancellor is entitled, if he or she so desires, to preside at that meeting.

8 Quorum

At any meeting of the Senate, a majority of the total number of Fellows for the time being constitutes a quorum.

9 Voting

A decision supported by a majority of the votes cast at a meeting of the Senate at which a quorum is present is the decision of the Senate.

10 Remuneration

The Senate may, but need not, provide from time to time for a Fellow of the Senate to be paid such remuneration (if any) as is determined by a resolution passed by at least two-thirds of the Fellows of the Senate.



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